THE STATE OF THE UNION: COMPLETE DOCUMENTARY HISTORY THE PUBLIC AFFAIRS OF THE UNITED STATES, FOREIGN AND DOMESTIC, FOR THE YEAR 1854, WASHINGTON: PUBLISHED BY TAYLOR & MAURY 1855. Entered according to act of Congress, in the year 1855, by TAYLOR &. MAURY, In tlic Clerk's office of tlie District Court of the District of Columbia. PREFACE. It is the design of this volume to embody in a convenient form the interesting and valuable information contained in the Executive Documents communicated to Congress at the commencement of its session, in accordance with the con- stitutional provision which requires the President to make an annual report to that body of the state of the Union. The annual message of the President and the reports of the Departments contain matter of interest to every Amer- ican citizen ; valuable for immediate use and for future refer- ence. With the documents annexed, they are too voluminous to appear in the newspapers, and only a few of the most important are printed even in the leading political journals of the great cities. They thus reach comparatively few of the large number who are entitled to be made acquainted with their contents ; and them in a form not convenient for preservation. To separate what is of permanent interest in these documents from what is temporary and unimportant — to arrange it and make it easy of reference in a volume which every one would be glad to possess and preserve — has seemed to the editor a work of sufficient importance to justify the preparation of the volume now submitted to tlie public. The contents of the work are exclusively of official au- thority. The reports of the Heads of Departments and those of some of the most important bureaus are given entire, and constitute the body of the work. PREFACE. For the chapter on the Coast Survey we have been indebted to the politeness of the Superintendent, under whose direc- tion it wa« prepared. In the chapter on Foreign AflFairs, we have given all the documents necessary to illustrate the several topics discussed in this connexion in the Presidext's message. The Appendix contains an abstract or notice of every document annexed to the reports, and the most important gtatements and tables entire. At the close will be found a very full Index to the contents of the volume; containing a complete synopsis of every chapter, l^esides a particular reference to the several topics of each under their initial letters. CONTENTS. I. The rREsiDENTs Message. Message from the President of the United States to the two houses of Congress at the comnienceiuent of the second session of the Thirty- third Congress. December 4. lSo4 1 — 25 Correspondence accompanving the Message '23 — M n. The Trkasirt. Keport of the Secretary of the Treasury on the State of the Finances 3i — 54 III. The Arsiv. Eeport of the Secretary of War 55 — S4 IV The Natv. Repon of the Secretary of the Navy 85 — 111 V. The Post Office. Postmaster General's Report ]12— 133 VI. The I.VTEKIOK. Report of the Secretary of the Interior 140 — 157 ^^I. The Pcblic Lasds. Repon of the Commissioner of the General Land Office 15S — 179 VlU. ISDIAN ArFAlRS. Report of the Commissioner of Indian Affairs 150 — 2<>5 IX. The Pensio.v Office. Repon of the Commissioner of Pensions 206 — ^220 X. IsTtR.N.AL Improvements. Special Message of the Preadent to the Senate and House nfederacy of armed neutrality, a primary object of which was. to assert the doctrine, that free ships make free goods, except in the case of articles contraband .i war: a doctrine which, from the very commencement of our national being, has been a cherished idea of the statesmen of this country. At one period or another, every maritime power has. by some solemn treaty stipulation, recognized that principle : and it might have been hoped that it would come to be universally received and respected as a rule of international law. But the refusal of one power prevented this, and in the next great war which ensueii, that of the French revolution, it failed to be respected among the belli- gerent states of Europe. Notwithstanding this, the principle IS generally admitted to be a sound and salutary one : so much so, that, at the commencement of the existing war in 4 PRESIDENTS MISSAGE. Europe, Great Britain and France announced tlieir purpose tT's MESSAGE. ation, and proved hy trustworthy evidence. I could not doultt that tlie case demanded the interposition of this gov- ernment. Justice required that reparation shoukl be made for so nianv and such gross Avrongs, and tliat a course of in- solence an«i ]>lundt'r, tending directly to the insecurity of the lives of numerous travellers, and of the rich treasure belong- ing to our citizens, passing over this transit way, should be ]>eremptorily arrested. Whatever it might be in other re- spects, the community in question, in power to do mischief, was not despicable. It was well provided with ordnance, small arms, and ammunition, and might easily seize on the unarmed boats, freighted with millions of property, which passed almost daily witbin its reach. It did not profess to belong to any regular government, and had, in fact, no re- cognized dependence on, or connection with, any one to which tlie United States or their injured citizens might apply for redress, or which could be held responsible, in any way, for the oTitrages committed. Not standing before the world in the attitude of an organized political society, being neither competent to exercise the rights nor discharge the obliga- tions of a government, it was, in fact, a marauding establish- ment, too dangerous to be disregarded, and too guilty to pass unpunished, and yet incapable of being treated in any other way than as a piratical resort of outlaws, or a camp of sav- ages, depredating on emigrant trains or caravans and the frontier settlements of civilized States. Seasonable notice was given to the people of Greytown that tliis (Government required them to repair the injuries they liad done to our citizens, and to make suitable apology for their insult of our minister, and that a ship-of-war would be despatched thither to enforce compliance with these demands. liut the notice jjassed unlieeded. Thereupon, a commander of the navy, in charge of the sloop-of-war " Cyane," was or- (h'red t<» repeat tlie demands, and to insist upon a compliance therewith. Finding tliat neither the populace, nor those as- suming to have authority over them, manifested any dispo- sition to make the required reparation, or even to offer excuse fi)r tli(!ir conduct, he warned them, by a public proclamation, that if tliey did not give satisfaction within a time specified, lie W(juld bombard the town. By this procedure he afforded tlK-m (qq.oitnnity to ])r(.vide i'or their personal safety. To tln.sc als.i, who desired to avoid loss of property, in the pun- ishment abotit to be inflicted on the offending town, he fur- nished the means of removing their effects, by the boats of his own ship, and of a steamer which he procured and tendered t;h, in tlie opinion of tlie Secretary of the Treasury, the receipts of the current fiscal year are not likely to equal in amount those of the last, yet they will un(loul)tedly exceed the amount of ex- penditures by at least fifteen millions of dollars. I shall, therefore, continue to direct that the surplus revenue be ap- plied, so far as it can be judiciously and economically done, to the reduction of the public debt, the amount of which, at the commencement of the last fiscal year, was sixty-seven million three hundred and forty thousand six hundred and twenty-eight dollars; of which there had been i)aid on the twentieth day of November 1854, the sum of twenty-two mil- lion three hundred and sixty-five thousand one hundred and seventy-two dollars; leaving a balance of outstanding public debt of only forty-four million nine hundred and seventy-five thousand four hundred and fifty-six dollars, redeemable at different periods within fourteen years. There are also rem- nants of other government stocks, most of which are already due, and on which the interest has ceased, but which have not yet been presented for payment, amounting to two hun- dred and thirty-three thousand one hundred and seventy-nine dollars. This statement exhibits the fact, that the annual income of the government greatly exceeds the amount of its public debt, which latter remains unpaid, only because the time of payment has not yet matured, and it cannot be dis- charged at once, except at the option of public creditors, who prefer to retain the securities of the United States ; and the other fact, not less striking, that the annual revenue from all sources exceeds, by many millions of dollars, the amount needed for a prudent and economical administration of the Government. The estimates presented to Congress from the difierent Ex- ecutive Departments, at the last session, amounted to thirty- eight million four hundred and six thousand five hundred and eighty-one dollars ; and the appropriations made, to the sum of fiity-eight million one hundred and sixteen thousand nine hundred and fifty-eight dollars. Of this excess of ap- propriations over estimates, however, more than twenty mil- lions was applicable to extraordinary objects, having no re- ference to the usual annual expenditures. Among these objects, was embraced ten millions to meet the third article of the treaty between the United States and Mexico ; so that, in fact, for objects of ordinary expenditure, the appropriations were limited to considerably less tlian forty millions of dol- lars. I therefore, renew my recommendation for a reduction of the duties on imports. The report of the Secretary of the 16 president's ihessaqe. Treasury presents a series of tables, showing the operation of the revenue system for several snceessive years, and as the f^i-neral principle of reduction of duties with a view to reve- nue and nut to protection may now he re^^arded as the settled jtolicy of the country, I trust that little difficulty will he en- countered in scttlinjjc the details of a measure to that effect. In connexion witli this subject, I recommend a change in the laws, which recent experience has shown to he essential to the protection of the Government. There is no express i)rovision of law, requiring the records and papers of a pub- lic cliaracter. of the several officers of the Government, to he left in their offices for the use of their successors, nor any pro- vision declaring it felony on their part to make false entries in the books, or return false accounts. In the absence of such express ])rovision by law, the outgoing officers, in many in- stances, have claimed and exercised the right to take into tlieir own possession, important books and papers, on the ground tliat these were their private property; and have jdaced them beyond the reach of the Government. Conduct of this character, brought in several instances to the notice of the present >Secret{iry of the Treasury, naturally awakened his suspicion, and resulted in the disclosure that at four ])urts, namely, Oswego, Toledo, Sandusky, and Milwaukie, the treasury had, by false entries, been defrauded, within the four years next preceding March, 1853, of the sum of one hundred and ninety-eight thousand dollars. The great diffi- culty with which the detection of these frauds has been at- tended, in consequence of the abstraction of books and pa- pers by the retiring officers, and the facility with which similar frauds in the public service may be perpetrated, ren- der the necessity of new legal enactments, in the respects above referred to, quite obvious. For other material modifi- cations of the revenue laws which seem to me desirable, I re- fer you to tlie report of the Secretary of the Treasury. That reiiort, and the tables which accompany it, furnish ample jtroofs of the solid foundation on which the financial security of the country rests, and of the salutary influence of the inde- pendent treasury system upon commerce and all monetary operations. The exj)eriencc of the last year furnishes additional rea- sons. 1 regret to say, of a painful character, for the recom- meiidiitiou heretofore nuide, to provide for increasing the military force employed in the territory inhabited by the Inihans. The settlers on the frontier have suffered much from the incursions of j)redatory bands, and large parties ot emigrants to our Pacific possessions have been massacred president's message. 17 with impunity. The recurrence of such scenes can only be prevented hy teaching these wihl tribes the power of, and their responsibilit}' to, the United States. Proin the !j;ani- sons of our frontier posts, it is only possible to detach tr(K)ps in small bodies ; and though these have on all occasions dis- played a gallantry and stern devotion to duty, which on a larger field would have commanded universal admiration, they have usually suffered severely in these conflicts Avith superior numbers, and have sometimes been entirely sacri- ficed. All the disposable force of the army is already em- ployed on this service, and is known to be wholly inadequate to the protection which should be afforded. The i)ublic mind of the country has been recently shocked by savage atrocities committed upon defenceless emigrants and border settle- ments, and hardly less by the unnecessary destruction of valu- able lives, where inadequate detachments of trooi)S have un- dertaken to furnish the needed aid. Without increase of the military force, these scenes Avill bo repeated, it is to be feared, on a larger scale, and with more disastrous consequences. Congress, I am sure, will ])erceive that the plainest duties and responsibilities of Government are involved in this question, and I doubt not that prompt action may be confidently anti- cipated when delay must be attended by such fearful hazards. The bill of tlie last session, providing for an increase of the pay of the rank and file of the army has had beneficial re- sults, not only in facilitating enlistments, but in obvious im- provements in the class of men Avho enter the service. I re- gret that corresponding consideration was not bestowed on the officers, who, in view of their character and services, and tlic ex})enses to which they are necessarily subject, receive at present Avhat is, in my judgment, inadequate compensation. The valuable services constantly rendered by the army, and its inestimable importance, as the nucleus around which the volunteer forces of the nation can promptly gather in the hour of danger, sufficiently attest the wisdom of maintaining a military j)eace establishment ; but the theory of our sys- tem and the wise })ractice under it, require that any proposed augmentation, in time of peace, be only commensurate with our extended limits and frontier relations. While scrupu- lously adhering to this principle, I find, in existing circum- stances, a necessity for increase of our military force, and it is believed that four new regiments, two of intantry and two of mounted men, will be sufficient to meet the present exi- gency. If it were necessary carefully to weigh the cost in a «ise of such urgency, it Avould be shown that the additional expense would be comparatively light. 18 president's message. With the increase of tlic numerical force of the army shuiihl, I think. 1)C conihined certain measures of reform in its orjj:anic arrangement and administration. The iiresent organization is the result of ])artial legislation often directed to special ohjects and interests; and the laws regulating rank and command, having heen adopted many years ago from the British ode, are not always applicable to our ser- vice. It is not sur])rising, therefore, tliat the system should he deficient in the symmetry and simplicity essential to the Ijarmuniuus working of the several parts, and require a care- ful revision. The i>resent organization, by maintaining large staff corps or departments, separates many officers from that close con- nexiiMi with troops, and tliose active duties in the field, which arc deemed requisite to quality them for the varied responsi- hilities of liigh command. Were the duties of the army staff mainly discliarged by officers detached from their regi- ments, it is believed tliatthe special service would be equally well i)erformed, and the discipline and instruction of the army be improved. While due regard to the security of the rights of officers, and to the nice sense of honor which should be cultivated among them, would seem to exact compliance with the estal)lished rule of promotion in ordinary cases, still it can hardly be doubted that the range of promotion by se- lection, which is now practically confined to the grade of general officers, might be somewhat extended with benefit to the public service. Observance of the rule of seniority some- times leads, especially in time of peace, to the promotion of (•fTicers who, after meritorious and even distinguished service, may have lieen rendered Ity age or infirmity incapable of per- forming active duty, and whose advancement, therefore, would tend to impair the efficiency of the army. Suitable provision for this class of officers, by the creation of a retired list, wotdd remedy the evil, without Avounding the just pride of njen who, by past services, have established a claim to high consideration. In again commending this measure to the favoral)le consideration of Congress, I would suggest that the power of placing ofhcers on tlie retired list be limited to one vear. The jiraetical ojieration of the measure would thus be tested, and if, alter the lapse of years, there should be oc- casion to renew the provision, it can be reproduced with any improvements which experience may indicate. The present organizatiftn of the artillery into regiments is liable to ob- vi-.u.s objections. The service of artillery is that of batteries, and an orgiinization of batteries into a corps of artillery w<.uld l;e more consistent witli the nature of their duties. A president's -MESSAGE. 19 large part of the troops now called artillery are, and liave been, on duty as infantry; tlio distinction between the two arms being merely nominal. This nominal artillery in our service is disproportionate to the whole force, and greater than the wants of the country demand. I therefore com- mend the discontinuance of a distinction, which has no foun- dation in either the arms used or the character of the service expected to be performetL In connection with the })roposition for the increase of the army, I liave presented these suggestions with regard to certain measures of reform, as the complement of a system, which would produce the happiest results from a given ejc- penditure, and Avhich I hope may attract the early attention, and be deemed worthy of the approval, of Congress. The recommendation of the Secret^iry of the Navy, hav- ing reference to more ample provisions for the discipline and general improvement in the character of seamen, and for the re-organization and gradual increase of the navy, I deem it eminently worthy of your favorable consideration. The principles which have controlled our policy in relation to the permanent military force, by sea and Land, are sound, consistent with the theory of our system, and should by no means be disregarded. But, limiting the force to the objects particularly set forth in the jH-eceding part of this message, we should not overlook the present magnitude and prospec- tive extension of our commercial marine, nor fail to give due w^eight to the fact that, besides the two thousand miles of Atlantic seaboard, we have now a Pacific coast, stretch- ing from Mexico to the British possessions in the north, teeming with wealth and enterprize, and demanding the constant presence of ships-of-war. The augmentation of the navy has not kept pace with the duties properly and profitably assigned to it in time of peace, and it is inade- quate for the large field of its operations, not merely in the present but still more in the progressively increasing exi- gencies of the commerce of the United States. I cordially approve of the proposed apprentice system for our nati(>!ial vessels, recommended by the Secretary of the Navy. The occurrence, during the last few months, of marine disasters of the most tragic nature, involving great loss of life, has produced intense emotions of sympathy and sorrow throughout the country. It may well be d(nibted whether all these calamitous events are wholly attributable to the necessary and inevitable dangers of tlie sea. The merchants, mariners and ship-builders of the United States, are, it is true, unsurpassed in far-reaching enterprize, skill, intelli- 20 president's message. gence and courage, by any others in the world. But, with tiu- increasing' amount of our (>)mniercial tonnage in the ai:nrej;ate, and the hirger size and improved equipment of the'sliijis nuw eoustructed, a deficiency in tlie supply of re- liahlf heamen begins to be very seriously felt. The incon- venience may, perhaps, be met, in part, by due regulation f.ir the introduction, into our merchant ships, of indented apprentices; wliich, wliile it would afford useful and eligible occupation U» numerous young men, would have a tendency to rsiiji)Utical functions, the most sacred obligations. We have to maintain inviolate the great doctrine of the inherent right of jiopular self-government; to reconcile the largest liberty of the individual citizen, with complete security of the j»ublic order; to render cheerful obedience to the laws of the land, to imite in enforcing their execution, and to frown in- dignantly on all coml)inatious to resist them; to harmonize a sincere and ardent devotion to the institutions of religious faith with the most universal religious toleration; to pre- serve the rights of all by causing each to respect those of the other; to carry ibrward every social improvement to the utter- most limit of luiman perfectibility, by the free action of mind upon mind, not by the obtrusive intervention of misapplied force; to uphold the integrity and guard the limitations of our organic law; to i)reserve sacred from all touch of usur- jiation, as tlio very palladium of our political salvation, the reserved rights and ])owers of the several States and of the jieoph-; to eherislj, with loyal fealty and devoted alTection, this I'nion, as the only sure foundation on which the hopes ot civil lilterty rest^ toudmiuister government with vigilant integrity and rigid economy; to cultivate peace and friend- ship with foreign nations, and to demand and exact equal president's stessage. "A justice from all, but to do wrong to none; to eschew inter- meddling with the national policy and the domestic repose of other governments, and to repel it from our own; never to shrink from war when the riglits and the honor of the coun- try call us to arms, hut to cultivate in preference the arts of peace, seek enlargement of the rights of neutrality, and ele- vate and liberalize the intercourse of nations; and by such just and honorable means, and such only, whilst exalting the condition of the Republic, to assure to it the legitimate influ- ence and the benign authority of a great example amongst all the powers of Christendom. Under the solemnity of these convictions, the blessing of Almighty God is earnestly invoked to attend upon your de- liberations, and upon all the counsels and acts of the govern- ment, to the end that, with common zeal and common efforts, we may, in humble submission to the Divine will, co-operate for the promotion of the supreme good of these United States. FRANKLIN PIERCE. Washington, December 4, 1854:. CORRESPONDENCE, ACCOMPANYING THE PRESIDENT'S JIESSAGE. il/r. Ilason to Secretary Marcy. [No. 37.] Legation United States, Paris, October 30, 1854. Sir : An incident of very grave import has transpired. In my No. Sfi, I communicated the intelligence that Mr. Soule, United States Minister to Spain, had been prohibited, by alleged orders of the Emperor's government, from enter- ing France. That I might, without delay, ascertain the facts of this extrordinary and unusual proceeding, I sent Mr. Piatt, sec- retary of this legation, to Dover, to communicate Avitli Mr. Soule. He left Paris in the evening of the 2oth, and on his arrival, finding that Mr. Soule had left Dover, lie proceeded to London, where he had an interview with that gentleman. The order forbidding his entering France, was wholly un- known to Mr. Soule, and he assures me, that neither by deed nor by words, uttered or written, had lie afforded a shadow of excuse for the wanton measure wliicli, in violation of his rights as a citizen of the North American Republic, and of his privileges as one of its accredited ministers, has inter- 4 26 president's message. dieted to him a passage through France on his way back to Madrid. I lust no time after tlie return of Mr. Piatt, in addressing? to the Minister of Foreign Atiairs, under date of the 26th instant, a communication, of wliich I send you a copy. It Avas sent to the Foreign OfHce on the 28th, and I have not yet received an answer. It is imjK'ssihle not to regard this humiliating indignity as dt't'i)ly injurious, when it is remembered that Mr. 8oule, acting undor your orders, has recently spent more than two weeks in Paris; and while sojourning here neither he nor I received any intimation that his presence was objected to by the French government. Seeing no adequate cause to justify an unfriendly feeling towards the United States, I cannot but hope that the French government, fiuding that it has acted on erroneous informa- tion, will at once redress this grievous wrong. If in this I am disappointed, earnest as I have been since I have represented our country at this court to cultivate the most cordial relations of amity between the two countries, I must consider this incident of such grave importance that it is not im])0ssible I shall regard it to be my duty to termi- nate my mission by demanding my passports. I will not lose a moment in keei)ing you advised of the reply to my nute, and of the i)rogress of events in connexion with this most extraordinary alfair. I have the honor to be, very respectfully, your obedient servant, J. Y. MASON. 3Ir. Mason to M. Drouyn de VHmjs. Legation des Etats Unis, Paris, October 27, 1854. ^lu. Drouyn de i/Huys, Minister Foreign Aftairs : Sir: I have received information that on the 24th iust. ]\Ir. Soule, on his arrival at Calais from the shores of Eng- land, was notified by a police officer that orders had beeii given by the imperial government that he should not be permitted to enter Frauee, and that by these orders he was compelled to return to England, where he now remains. Mr. Soule is a citizen of the United States, accredited as an Envoy Extraordinary and Minister Plenipotentiary from his country to the court of Spain. He had, in executino- the orders of his government, visited Paris and London^, and was returning to his i)ost at j\ladrid, by the most usual and convenient route through the territories of France president's message. SY •wlien he was tlnis arrested in his journey. He had received no notice of the. determination of the Emperor's government to deny him a privilege awarded hy all nations to citizens or suhjects of friendly powers travelling under their protection, and especially those who arc clothed Avith the sacred char- acter of public ministers ; for he was actually arrested in his journey some hours before I received the intimations in regard to him which you did me the honor to give me in the afternoon of the 24th inst. If authorized by the Emperor's government, it cannot but be regarded by the government and people of the United States not only as a most unusual and humiliating act to- wards the minister personally, but as a national indignity of very grave character, only to be extenuated by facts es- tablished by conclusive proof. Without waiting for special instructions to that effect, I regard it as my imperative duty to hasten to ask for what reasons one of my fellow-citizens, chosen by my country as a representative to a foreign power, has been so treated, while relations of amity and peace exist and are cherislied by the United States with France. My government will be filled with painful anxiety until satis- factory information in reply to this inquiry can be communi- cated. I cannot but hope that your excellency will furnish me with such explanations as may relieve the minister from the position in which he has thus beeu placed, and which will enable me to allay the unpleasant feelings which the intelligence of this occurrence will occasion in the United States. I avail myself of this opportunity to renew to your ex- cellency the assurances of the high consideration with which I am your humble and obedient servant, J. Y. MASON. Mr. Mason to Secretary 3Iarcy. [No. 41.] Legation United States, ' Paris, November 11, 1854. Sir : In my despatch No. 37, I informed you of occur rences at Calais by which Mr. Soule was interrupted in the prosecution of his journey to Spain ; and Avitli that despatch I sent you a copy of my letter to M. Drouyn de I'Huys, Min- ister of Foreign'^ Affairs, of 27th October last. On the 1st of November I received from his excellency a note in repl}'- to mine of that date. I send the original, retaining a copy for the files of the legation. Until the receipt of this note, I had understood the prohibition of Mr. Soule's entering 28 president's message. France to be unqualified ; and such, too, was tlie understand- ing of that gentleman; for by reason of its execution he had to return to England. On the Cth instant I addressed to the Minister of Foreign Affairs a communication of which I send yon herewith a copy. I have received no reply, and presume that it will conclude a correspondence wliich I felt it to be my duty to open without waiting for special instructions from the Presi- dent. The result, I am happy to sa}', is that no impediment exists to the passage of the American minister accredited to the Spanish government through France to his place of official duty. This is recognized, beyond doubt, as a prin- ciple of the law of nations, interesting to every country, be- cause its denial would seriously embarrass the maintenance of dijdomatic missions, whose influence in i")romoting peace and preserving good relations in the family of nations is universally acknowledged. I communicated to Mr. Soule, at London, my correspond- ence with the Emperor's government; and on the morning of tlie 9th instant he arrived in Paris, and left on the 11th fur Bordeaux, where he expects to find the United States steam-frigate San Jacinto, in which he will take passage for Spain. I have the honor to be, very respectfully, your obedient servant, J. Y. MASON. lion. W.M. L. Marcy, Secretary of State. M. Drouyn de VHuys to Mr. Mason. [Translation.] Paris, November 1, 1854. Sir : I have received the letter you did me the honor to write me, under date of the 27th of the last month, in which you ask me fur some explanations as to the motiA^es of the deter mi nation taken with regard to Mr. Soule. I must, in the first place, state the manner in which things have oc- curred. The Minister of the Interior had to give directions that ^Ir. Soule should not be allowed to penetrate into France witliout the knowledge of the government of the Emperor. The instructions of Mr. Billant were striotly folloAved, and carried out with the utmost propriety by the commissary of polifc at Calais. Accordingly, that functionary did not in- vite? Mr. Souh' to embark again fur England ; he left him per- fectly free to remain at Calais until he should receive orders from Paris, nhirh lie was about to request. It was simply a PBESIDEJrr's MESSAGE. 29 question of waiting patiently for one dav at the utmost ; but 3Ir. Soule. after saying that he did not expect any regard on the part of the French government, and that, besides, he did not care for it, preferred to go back to England immediately. The Minister of the Interior did. nevertheless, forward his definitive instructions to Calais by telegraph, and I can do nothing better than transcribe them here : '•If Mr. Soule presents himself for the purpose of entering France, vou will give him to understand that the Emperor's o-overument does not authorize him to sojourn there, but that it makes no opposition to his passing through in order to go to Spain; and you will offer him to vise his passport for that destination." You perceive, sir. that the government of the Emperor has not sought, as you seem to believe, to prevent an envoy of the United States from traversing French territory in order to repair to his post and acquit himself of the co mmi ssion of which he was charged by his Government : but between that simple passage and the stay of a foreigner whose antecedents (I regret to say it) have awakened the attention oi the au- thorities whose duty it is to preserve public order among us, there is a difference which the Minister of the Interior wa5 bound to appreciate. If Mr. Soule had been going directly to Madrid, the route by France was open to him. If it was his intention to come to Paris with a view of remaining here, that privilege was not accorded him. It was. therefore, ne- cessary to consult him as to his intentions, and it was him- self who would not allow time to do so. Our laws are strict with respect to foreigners. The Min- ister of the Interior causes their rigorous provisions to be executed when it is shown him that there is any necessity for such action : and even then he makes use of discretionary power, which the government of the Emperor has never al- lowed to be discussed. The quality of foreigner on the part of Mr. S<:»ule placed him within the scope of the measure of which he was the object. All that remained was to reconcile this measure with the public character with which he was invested. You wiU acknowledge, sir. that this is what we have done, and that the government of the United States, with which government his Majesty the Emperor has at heart to cultivate the relations of friendship and esteem, has in no- wise been assailed in the person of one of its representatives. The Minister of the United States in Spain is free, I repeat it. to pass through France. Mr. Soule. who has no mission to fulfil near the Emperor, and who, conformably with the doctrine sanctioned bv the law of nations, would need, oa ae- so president's message. count of his origin, a special agreement to enable him to rcpre<:ent in his native hind the country of his adoption — Mr. S'Hile, as a simple private individual, comes within the pale of the common law which has been applied to him, and he cannot lay claim to any privileges. Accejjt, sir, the assurance of high consideration with which I have the honor to remain vour verv humble and obedient servant, ' DROUYN DE L'HUYS. Mr. Ma.^on, United States Minister. Mr. Mason to M. Drouyn cle VHuys. Legation United States, Paris, November 6, 185-i. Sir: I have the honor to acknowledge the receipt of your excellency's letter of the 1st of November, in reply to mine of the 27th of October ultimo. I have carefully examined your narrative of circumstances which led to the event and gave occasion for this correspondence. It is quite manifest that the order under which the commissary of police at Ca- lais acted, when he interdicted Mr. Soule's entrance into France, did not present to the American minister any alter- native but to return to England or remain in Calais, virtually under duress, until the further orders of the Emperor's gov- ernment could be received. I think your excellency will con- cur in the opinion that he could not, consistently with the dignity of his government, remain on the frontier of France — there situated, awaiting orders which he had no reason to be- lieve would be nnu-e favorable than the one which denied him entrance upon French territory. I cannot, therefore, but deeply regret that the precise telegraphic order which your excellency has incorporated in your letter to me did not pre- cede Mr. Soule's arrival at Calais. That order, I am pleased to find, removes all impediment to the free passage of the American minister accredited to the Court of Spain through the territory of France. I have not failed to observe the declaration that Mr. Soule's residence in France will not be authorized by the Emperor's government. As his j)ul»lie duties require him to reside in Spain, he has no intention, as far as I am informed, of re- maining or residing in France. I therefore forbear enter- ing into any examination of the reasons suggested for the de- termination to deny him the i)rivilege, or of the manner in which he has been notilied of tlie purpose of the imperial govcrnnieiit. I have observed al^o tlie distinction which your excellency president's message. 31 makes "between individuals and ministers. Without nnder- takinf^ to inquire how far such distinction can Lo main- tained — for it is not necessary to the occasion to guard my- self against being misunderstood if I i)ass it in silence — I must say that, in ray opinion, one who is a public minister, jmssing through the territory of a friendly nation to the court to which he is accredited, has privileges under the solemn sanction of the law of nations, about which, if it shall become necessary to discuss them, I feel assured that I will not have the misfortune to find conflicting views held by one so enlightened as your excellency. I have much satisfaction in receiving the assurance, given in the emphatic declaration of your excellency, that the min- ister of the United States to Spain is at liberty to traverse France towards his post, and obeying the commission with which he is charged by his government. The recognition of this right is all that I have to ask of the Emperor's govern- ment in the premises ; and on this, as on all other occasions, I receive with pleasure the assurance that the government of his Imperial Majesty has at heart relations of friendship and esteem with the government of the United States; feeling which, it is my constant desire and eifort to cherish and strengthen them. I will hasten to communicate this correspondence to my government, and will also inform the American minister to Spain, who is still in London, of the result which has been arrived at. I avail myself of the opportunity to renew to your excel- lency assurance of the very high consideration with which I am your obedient, humble servant, J. Y. MASON. II. -THE TREASURY. REPORT OF TirE SECRETARY OF THE TREASURY, OX THE STATE OF THE FINANCES. Treasury Department, December 4, 1854. Sir : In obedience to the "act supplementary to tlie act en- titled 'An act to establish the Treasury Department,'" ap- proved May 10, 1800, the following report is submitted: The balance in the treasury on the 1st of July, 1853, was $21,942,892 56 And the actual receipts into the treasury for the first quarter were : From customs $19,718,822 00 From lands 1,489,562 05 Miscellaneous 147,994 87 21,356,378 92 And the estimated receipts for the other three quarters were: From customs 37,000,000 00 From lands 3,000,000 00 Miscellaneous 300,000 00 Mfikint:; the artual receipts for the first quar- ter, and the estimated receipts for the other three quarters 61,656,378 92 Add balance in the treasury 21,942,892 56 Total for service of the year 83,599,271 48 The actual expenditures of the first quarter of the fiscal year 1853 were $15,081,383 70, and the estimated expendi- tures for the remaining three quarters were $57,251,283 16, making Ibr the actual exi)euditures of the first quarter, and the estinnited exi>('uditures fur tlie other three quarters, .v72.3:!'J,r.(;0 sO; wliich would have left an estimated balance iu the treasury ou the 1st of July, 1854, of $11,266,604 62. 32 THE TREASURY. 33 The actual receipts into the treasury for the fiscal year ending 30th of June, 1854, were as follows: Lst (|uarter — from customs $19,71 S. 822 00 from lands 1 ,48'J,r.(;2 05 miscellaneous 147,0'J4 87 21,356,378 92 2nd quarter — from customs 13,578,821 27 from lands 2,223,07G 39 miscellaneous 101,963 64 15,912,861 30 3rd quarter — from customs 16,896,724 83 from lands 2,012,908 36 miscellaneous 486,091 93 19,395,725 12 4th quarter — from customs 14,020,822 17 from lands 2,745,251 59 miscellaneous 118,666 10 16,884,739 86 Making 73,549,705 20 Balance in the treasury 1st of July, 1853 21,942,892 56 Total sum for the service of the fiscal year ending June 30, 1854 95,402.597 76 The receipts from customs were 64,224,190 27 lands 8,470,798 39 miscellaneous 854.716 54 Balance in treasury 21,942^892 56 95,492,597 76 The actual expenditures for each quarter of said year were: For 1st quarter $15,081,383 70 2d quarter 22,301,896 24 3d quarter 12,448,947 42 4th quarter 25,522.402 90 '. 75.354.630 26 Leaving a balance in the treasury July 1, 1854, of. 20,13 7,967 5 5 ' 34 THE TREASURY. The usual and ordinary expenditures were as follows : Civillist $4,649,384 98 Forei*:;n intercourse 7,726,677 13 Miseellaneou-s 13,531,310 33 Interior Department 2,609,054 79 War Department 11,733,629 48 Navy Department 10,768,192 89 Kedi-mption ol" public debt, interest and pre- mium 24,336,380 66 Total expenditures 75,354,630 26 Balance in tlic treasury July 1, 1854, $20,137,967 50, as api>ears in detail, per statement 1. The estimated receipts for the fiscal year ending June 30, 1855. were as follows: From customs $51,000,000 00 From lands 3,500,000 00 Miscellaneous 500,000 00 55,000,000 00 Add estimated balance in the treasury July 1, 1854 11,266,604 62 Estimated resources for the fiscal year ending June 30. 1855 66,266,604 62 The estimated expenditures for the same year were as follows : Bahince of former ap]iropria- tions to be expendtnl during the year $6,865,126 44 Permanent and indefinite ap- ]»ro))riations to be expended ^ during the year.... 8,285,716 14 Specific approjiriations asked for the service of the year... 35,909,434 54 Making an aggregate of 51,060,277 12 Leaving in the treasury, July 1, 1855, a bal- "iiL-eof. .' : 15,206,327 50 The r(>C(ipts of the 1st quarter of the fiscal year, ending September :'.0, 1854, have been as follows: From custom.s $18,639,798 45 THE TREASTRY. 35 From lands $2,7^1,054 12 Miscellaneous M!».Rr)0 2« Total 21,521,:Ki2 85 The expenditures for the same first quarter have been as follows : Civil, miscellaneous, and foreign intercourse $6,241,749 31 Interior Department 2,175,737 13 AVar Department 3,307,030 92 Navy Department 2,508,791 09 Redemption of public debt, interest and pre- mium 1,870,01 3 17 Total expenditures 10,1 09,330 G2 as appears, in detail, from table 2. The receipts for the remaining three quarters of the year are now estimated as follows : From customs $30,000,000 00 From lands 6,000,000 00 Miscellaneous 500,000 00 Total 42,500,000 00 The receipts for the first quarter, the estimated receipts for the remaining three quarters, and the balance in the treasury on the first day of July, 1854, making a total sum of $84,107,967 50 for the service of the fiscal year ending June 30, 1855. The estimated expenditures for the remaining three quar- ters of the year are as follows : Civil list, foreign intercourse, and miscella- neous $15,060,931 13 Deficiency in the Post Oflice Department 2,719,404 00 Interior Department 3,133,055 25 War Department 13,028,350 90 Navy Department 11,258,095 71 Interest on the public debt 2,370,093 00 Making 48, 176,590 59 Total estimated expenditures for the year 1855 64,345,921 21 The expenditures of the first quarter, and the estimated expenditures for the remaining three (quarters are $64,345.- 36 THE TREASURY. 921 21, leavinj^ an estimated balance in the treasury, on the 1st ,lav of July, 185r., of $19,702.04(1 29. There is always, at the close ol" the fiscal year, a balance thus estiniatcil. not expended, of at least $12,000,000. That $12,000,000 may be api)lied to the purchase of the i)ublic debt durinj:; tlieremaining three quarters, without disturbing the estimated balance in the treasury. The amount of the ])ublic debt, outstanding un the 1st day of July, 1853, was $67,340,628 78 And on the 1st day of July, 1854 47,180,506 05 Being a reduction of. 20,160,122 73 The estimated receipts for the fiscal year ending June 30, 1856, are as follows: From customs $56,000,000 00 From lands 6,000,000 00 Miscellaneous 500,000 00 62,500,000 00 Add estimated balance in the treasury July 1, 1855 19,762,046 29 Making the estimated sum of 82,262,046 20 for the service of the fiscal year 1856. Estimated expenditures for the fiscal year, 1856: Balance of former appropriations, to be ex- pended this year $11,212,905 20 Permanent and indefinite ap]i)ropriations, to be expended this year 7,934,411 70 A])propriations asked for, and to be expended this year 41,722,516 47 60,869,833 37 leaving the sum of $21,392,212 92 on the 1st of July, 1856. Upon this estimate of the receii)ts and expenditures of the fiscal year 1856, there will be a balance in the treasury on the Ist of July, 185r), of ,*«;2 1,392,212 92, without expending any thing in tlie redumption of the public debt; but if $12,000,000 shall be applied to the redem])tion of the public debt, which may be done, there will remain an estimated balance in the treasury of $9,392,212 92. It appears the receipts from customs for the second, third, and fourth quarters of the fiscal year 1854, were not dimin- i.-iljetl from the pressure in the money market, and other causes, as expected in my former report. They were kept up from THE TREASURY. St importations, growing out of large exports of provisions, caused by the scarcity in England and France, and tlie ex- pected demands of the European war, and by the shipments to this country of foreign manufacturers, who, owing tu tlie want of a remunerating market in those countries, sought the benefit of ours. They were also kept up by a greater uniformity and better valuation of foreign goods, and a dimi- nution in smuggling, caused by increased vigilance on tlie part of the revenue otficers. The foreign and internal im- migration to the new States and Territories, combined with speculative investments in .the public lands, greatly in- creased the receipts from that source; so that, instead of a reduced revenue, as antici})ated, the receipts have been greater than in any previous year. It also appears from the statement of the recei])ts of the first quarter of the fiscal year 185-1, that the receipts, both from customs and lands, have been greater for the quarter than a fair proportion of the estimated receipts for the year. This has grown out of the same causes that kept up tlie re ceipts from customs and lands for tlie last three quarters of the fiscal year 1854, aided as to lands, to some extent, by the effect of the act graduating the price, which operated in favor of the receipts for the latter half of the quarter. The receipts from customs for the remaining three quar- ters of the year cannot be in proportion to those of the first quarter, owing to the reciprocity treaty, introducing free trade with the British colonies, and the short crops in almost all portions of the country, which must materially affect the exportation of provisions, and the return importations, and diminish the ability to purchase and jjay for foreign goods. The effect of a scarcity of provisions, with consequent high prices, has always been to diminish the consumption of other articles of customary use, and may be expected to operate on the importations for the remaining three quarters of the year, as it certainly will on the consumption. Moreover, the United States have enjoyed a long period of agricultural, manufacturing, and* commercial pros])erity, under extended bank and other credit facilities, backed by the immense }»ro- duction of gold from the mines of California. This has led to large speculative investments in railroads, lands, lots, houses, ships, stocks, and other eutcr})rizes, and to enhanced prices for rents, labor, provisions, and all the necessaries of life. The bank and credit facilities have been in check for more than a year, with a prosi)ect of a continued check; whilst the large and extended indebtedness of operators has to be met under receding prices, without the stimulating 38 THE TREASURY. effect of new enterprizes. This will also act in restraint of im- portations and consuni])tion. In the estimated receipts from cu>toms for tlie tliree remaining- quarters of tlie current fiscal year, tlie effects of the reciprocity treaty and reduced impor- tations have been considered; whilst, also, the same causes will operate in the sale of the public lands; but the effect of the fict graduating the price has been considered sufficient to keep up the receipts from the latter source to what they were for the fiscal year 1854. The estimate of receipts for the fiscal year 1856 has been made from an exi)ectation that the same causes which will operate to reduce the im])ortations and consumption of for- eign goods for the remaining three quarters of the fiscal year 1855, will be continued through a part of the succeeding year, and sensibly affect the importation and consumption of foreign goods. Tlie accompanying table, 3, exhibits the particulars of the puldic debt on tlie 1st of Jnly, 1853, and the accompanying table, 4, exhibits the i)articulars of the public debt on the 1st of July, 1854, to wliich is appended a table exliibiting the interest paid on the public debt during the fiscal year 1854, and the princi})al, interest, and premium, on the part re- deemed within that year. Table 5 exhibits the principal, interest, and }>remium on the ])ublic debt redeemed from the 1st July, 1854, to the 20th November, 1854. From these tables it appears that the sum of $20,098,422 73 of the pub- lic debt was redeemed between the 1st of July, 1853, and the 1st of July, 1854, and that the interest and premium paid on the amount redeemed was $3,345,545 23; and tlie principal, interest, and premium on that part of the public debt re- deemed between the 1st of July, 1854, and the 20th of No- vember, 1854, was $2,(;04,203 51. The table 0, which accompanies this report, exhibits the tonnage engaged in our foreign and coasting trade from the year i78'J to tlie 30th of June, 1854. It will be seen the inorea.sc for the last year has been o'J5,892f 5 tons. The table, 7, which accompanies this report, exhibits our exports and imports for the same time; and the table, 8, which also accompanies this report, exhibits the sums re- ceived into the treasury from customs, public lands, miscella- n':-"us sources, including loans and treasury notes, and the tar i If iind jKirticular price of the public lands under which the same was received; also the annual expenditures during tlie same period. From the table of exports and imports it appears the imports are $26,321,317 in excess of the exports, U" account being taken of the precious metals brought iu by THE TREASURY. 39 emigrants. The profits on our exports, and the freights earned by our ships in foreign trade, ought to more tlian cover this excess. The exports include over $38,000,000 of specie and Imllion exported; hut, whilst specie and bullion are products of labor in our mines, they rank with any other product, and must enter into our foreign trade as articles of commerce, and can have no prejudicial eftect upon the great interests of the country. These tables combined, exhibit the growth of our commercial marine, of our exports and im- ports, and the receipts and expenditures of our government, and prove that the receipts into the treasury arc sufficient to meet all reasonable expenditures, discharge the public debt, and allow a reduction of the rate of taxation, with almost a certainty that our increasing commerce will give an increase of revenue equal to the reasonable demands of the future. Therefore, I feel it necessary, again, to call the attention of Congress to the propriety of reducing the revenue from customs, so that no more money shall be received into the treasury than is required for an economical administration of the government. The reduction proposed in my former report, as carried out by the bill prepared in this department, and the reduction proposed in the bill, prepared and reported by the Committee of Ways and Means of the House of Eep- rcsentatives, would each have efi'ected the object of bringing the receipts from customs to the proposed revenue standard. The present tariff" has eight schedules, or different rates of duties, as follows: The first of 100 per cent., the second of 40 per cent., the third of 30 per cent., the fourth of 25 per cent., the fifth of 20 per cent, the sixth of 15 per cent., the seventh of 10 per cent., and the eighth of 5 per cent. The bill pre- pared by the Committee of the House of Representatives has five schedules, as follows: The first of 100 per cent., the sec- ond of 20 per cent., the third of 15 per cent., the fourth of 10 per cent., and the fifth of 5 per cent. And the bill pre- pared at this department, and which is substantially the one reported by the minority of the Committee of the House of Representatives, has but two rates of duty : The first of 100 per cent., and the second of 25 per cent. There are difHcul- ties in the execution of the present tariff' growing out of the required classification under the eight schedules: and these difficulties continue to increase by the acts of the manufac- turers in assimilating one class of goods to another, and in ascertaining the material of chief value in the fabrics. Tlie difficulties M'ould be reduced under the bill of the committee, and would entirely disappear under that proposed by the de- partment. 40 THE TREAsmr. The hill of the committee. Avith the tahles herewith an- nexed, exhihits the revenue from customs for tlie fiscal year endine: the 3Uth of June, 1853, and what has been the revenue undeAhe present tarilf for the aver.'ige of six years, inclu- ding 1853, and what would have been the receipts for the same periods under the hill of the committee, and under the one reconiTuended hy this department. These tables only include the enumerated articles in the bill of the committee, leavin-j; the sum of about ^2,000,000 of revenue from unenume- rated articles; but they are sufficient to explain the character of the present taritf, the one proposed by the committee, and the one by the department. Herewith is also presented exhibit 10, containing the free list jiroposed by this department, to which is added the Eng- lish tariff on tlie same articles ; from which it will be seen that the English tariff makes most of these articles free; and as far as these articles are used in the arts and manufactures, most of them are free of duty under the laws of other manufacturing nations. Under the English tariff, the raw material used in the arts and manufactures have been made free of duty, whilst our tariff of 1846 imposes on those arti- cles heavy duties ; and thus, to the extent of the duty on the raw material, the English manufacturer has a decided advan- tage over manufacturers of the United States in the markets of other nations, wliilst the effect of the tariff of 181:6 is re- duced in our own markets. In the revision of the tariff, for the ])urpose of reducing the revenue, it was deemed expe- dient and ])roper to take away the advantages accruing to the manuiacturcrs (,»f other countries, under their free list, by making the same articles free under our laws, except as to the article of wool, and as to that article, on the coarser wools. I'nder the reciprocity treaty, wool from the British provinces will be admitted free of duty. In 1853, the im- jiortations of wool and woolen goods amounted to over $30,- 000. (>()(», and the wool and the value of the wool in the manu- factured article amounted to at least $10,000,000. This was «n-er and abitve the amount produced in the country, and af- fords satisfactory evidence that sufficient wool is not pro- duer(l in the country for its consumption. The consumption of wool in the United States for the year 1853, is estimated at 200,000,000 pounds, of which 00,000,000 is the production of tiie country, and 21,000,000 imported as wool, and the balanee (if ll'.'l.OOO.OOO im])orted in Uianuftictures of wool. The proposed adtly, and, it is believed, correctly done ; and, besides, considerable progress has been made in closing the large unsettled balances that stood open on the books ol" the treasury, as stated in my former report. That rejjort stated the outstanding balance on the 1st of April, 1853, at .' .$132,521,704 09 And there hafl been settled, up to the date of that report 30,500,154 50 ^^•^a^'^'o' $102,021,549 59 Since the diitc of that report, this sum has Ijceii reduced by settlements, collections, &c., as follows: THE TREASmiY. 43 In tne office of the First and Fifth Auditors, per report of the First Comptroller of the Treasury $65,237,291 47 Corrections in the same 1,001,020 00 In the office of the First Au- ditor, per report of the Com- missioner of Customs 2,523,872 72 In the office of the Second, Tljirdand Fourth Auditors, per report of the Second Comptroller 4,924,265 64 In the office of the Auditor for the Tost Office Depart- ment 400,715 64 In the office of the Solicitor of the Treasury 351,235 50 74,438,400 97 Leaving yet unclosed $27,583,148 62 The reports of the First and Second Comptrollers, and of the Commissioner of Customs, upon the subject of these balances, numbered 23, 24, and 25, and which accompany this report, give reason to hope that in another year they will be still further reduced, and a stricter system of ac- counting enforced. The force in the office of the Sixth Auditor and First Comptroller is inadequate to the increased business in the former, and the increased business and arrearages in the latter ; and it was not possible to give the required addi- tional force by transfers from other offices, owing, in part, to the curtailment of five clerks in the Third Auditor's office, one in the Second Auditor's office, and one in the Second Comptroller's, from the failure to estimate for them, and from Congress only granting eleven of the twenty-one clerks recommended by the department. The attention of Congress is called to the report of the Sixth Auditor and the First Comptroller, as to the necessity for additional force in their respective offices. It is recommended that Congress allow five additional clerks and two additional messengers to the Sixth Auditor, and two additional clerks to the First Comptroller. The attention of Congress is also called to the report of the Sixth Auditor, as to the necessity of additional room for the accommodation of the clerks of his office, and the safety of the accumulating papers and records, with a 44 THE TREASURY. recommendation that Congress make provision for the same. It woukl facilitate tlie hnsincss, and render less complicated the accounts of the department, sliould all the accounts of the Interior Department be given to the Second Auditor, and all the accounts of the War Department be given to the Third Auditor, as recommended in my former report. The attention of Congress is called to the fact that the Commissioner of the General Land Oflice and his clerks still occupy a portion of the Treasury building, and that the First and Fiftli Auditors and their clerks, and part of the clSrks of the Third Auditor, have to be accommodated in rented buildings, apart from the Treasury building; also, that the clerical force in the building cannot be accommodated in suitable connexion. Under the expectation that the Land Office will be removed in the course of next spring, an esti- mate has been su})mitted for the expense of affording addi- tional light and ventilation to the Treasury building, so that the rooms will be more convenient and comfortable, and the necessary appropriation for that purpose is recommended. The system of monthly accounts from the collectors of customs, and the settlement thereof, within the succeeding month, at the Treasury, has been adhered to and fully carried out, with a few exceptions upon the Pacific; and the accounts are being rendered and settled with great dispatch. The benefits growing out of this system to the public, and the officers of the revenue, is more manifest the longer it is en- forced. The department has caused the collector's offices in all the ports to be examined within the year, with but few excejitions, by agents of the department, in order to ascer- tain huw their books and accounts were kept, and, by per- sonal ins})ection, how the official corps discharged their duties. Tliese examinations have enabled this department to correct errors and omissions, and to see that the official corps devote themselves, in person, to the duties confided to them, and have resulted in securing greater vigilance, and a more faitli- ful application of the revenue laws. Tiiu rojiort of the Ficgister of the Treasury (No. 26) also accom}>aiiies this. It exhibits a greatly improved condition of his office. The annual report on commerce and naviga- tion is in advance of any former one, and will be in print for the use of Congress at the commencement of its labors. The , business of the office has been promptly and well done. i The Solicitor of tlie Treasury has caused to be made out a schedule (No. 27) of all the lots and lands purchased under execution and decrees for the United States, or otherwise THE TREASURY. 45 taken for debts dne to tlie United States, and wliicli have heretofore been sohl, and also a scliedule of all such lands as are now held by the United States. They are submitted, in order that Congress may have in view the sales heretofore made, and devise some suitable mode for the future sale of the property on hand, and such as may hereafter be acquired; also for closing or crediting on the books of the Treasury such debts as have been, or shall be discharged in whole or in part by the purchase of real estate ; because, after ac- counts have been stated at the Treasury, leaving a balance due to the United States, they are passed to the Register, and appear on his books, and then to the Solicitor, and ap- pear on his books, and are then sent to the proper district attorney for suit. When the debt is collected and paid into the treasury, in whole or in part, the amount so paid is en- tered on the books of the Auditor, where the account was first stated, and then on the books of the Comptroller, and then on the books of the Register ; but where lands or any other thing is purchased under execution for the debt in ■whole or in part, no entry thereof is made on the books of the Auditor, Comptroller, and Register, until a re-sale is made and the money is paid into the treasury ; and wdien the United States fail, in whole or in part, in tlie courts, no entry is made on the books of the Auditor, Comptroller, and Re- gister. Thus, the books of the treasury exhibit balances due the United States alter the same are discharged. This might be remedied by a treasury regulation, causing the proper entries to be made on the books of the Auditor, Comp- troller, and Register, and opening in each office an account of the lands, &c., purchased for the United States on each debt, and for the discrepancies between the treasury state- ments of indebtedness and the judgment in the particular case; but it had better be regulated by Congress. This cor- rection of the books would be a w^ork taking considerable time and labor, as it would require to overhaul the books from the commencement of the government. Yet no just state- ment of the condition of the balances on the books of the treasury can be made until it is done. The report of the Solicitor of the Treasury (No. 28) also accompanies this report, and exhibits the operations of that office, and the attention given to the trial of suits, and the collection of money upon judgments in I'avor of the United States, with suggestions as to the propriety of amending the law so as to authorize a commission to district attorneys for the collection of old judgments, and the propriety of author- izing the department to mal^e compromises and settlements. 46 THE TREASURY. Tlie attention of Congress is called to the subject, with a recominendation that the department be authorized to allow district attorneys and others, employed for that purpose, a commission not exceeding ten per cent, on the amount collected. The report of the Treasurer of the United States, (No. 29,) also accompanies this. The business in the office of the Treasurer has been promptly and satisfactorily performed. The money, both of the United States and the disbursing agents of the Government, deposited, has been safely kept. One additional clerk for the Treasurer's office is recom- mended, for the reasons stated by the Treasurer in his report. Under the 11th section of the independent treasury law, it was thought advisable to have the offices of the assistant treasurers, and the depositaries of the United States, exam- ined by an agent of the department, and Mr. William M. Gouge was ai)pointed to examine all of them, excejjt that of San Francisco, California. His letter of appointment, No. 30, accompanies this report, as also his general report upon the condition and operation of the offices used as depositaries of the public money, and by the disbursing agents of the government, exhibiting a highly satisfactory condition of said offices, the keeping the books and the public money, and the duties of the respective officers. He will be required to examine the southern offices not heretofore examined by him. The assistant treasurer's office at San Francisco has been ex- amined by J. Ross Browne, another agent of the department, and that office found in good condition, and the business promptly and satisfactorily performed. The table, 31, which accompanies this report exhibits the imports and exports of coin from the 30th day of September, 1821, to tlie 30th day of June, 1854 ; and the table, 32, which accompanies this report, exhibits the coinage at the United States mint from the year 1792 to the 30th day of September, 18.54; and tlie table, 33, which also accompanies this report, exhibits the coinage of the United States mint and branches, from our own mines, from the year 1804 to the 30th day of September, 1854. Under the act of 1853 there has been $10,152,170 of silver coined at the mint in Philadelphia and branch mint at New Ork-ans, and circulated at Philadelphia, New York, Boston, Detroit, Chicago, Baltimore, Washington, Richmond, Norfolk, (Charleston, Savannah, New Orleans, St. Louis, Jeffersonville, Cincinnati, San Francisco and Pittsburg, and furnished to citi- zens at various uther places. This has tended to keep a sound THE TREASURY. 47 currency for change in circulation, and afforded great conve- nience to the public; but the circulation of large amounts of small bank notes has contracted the benefits of the silver change in many places, or driven it away, or tied it up in the pockets of the people. The full benefit of silver coinage for change can never be realized whilst small bank notes are en- couraged under bank charters, and made current by the pa- tronage of the community. These tables give some data from which an estimate may be made of the increasing amount of gold and silver coin retained in the country. The table 34, wdth the remarks annexed, whicb accompany this report, exhibits estimates made by Secretaries of the Treasury, and others, of the amount of gold and silver coin in the country at different periods, and gives the amount on the 30tli of September, 1854, at $241,000,000, which is believed not to be a high estimate. Of this sum there was about .$60,000,000 in the banks, and $26,000,000 in the United States treasury— the rest being in circulation amongst the people, or hoarded up. It appears from the report on the banks from this depart- ment, submitted to Congress on the 6th of May, 1854, that in 1850-51 there were 879 banks in the United States, with a capital of $227,807,533, and in 1853-54 there were 1,208 banks, with a capital of $301,756,071, being an increase of $73,948,538. In 1850-51 the circulation of the 879 banks was $155,165,251; deposites, $128,957,712; due to other banks, $46,411,928; and together, $330,539,891; and in 1853- '54 the circulation of the 1,208 banks was $204,689,207, the deposites, $188,188,744, and there Avas due to other banks §50,322,162, and together $443,200,113, making an increase of $112,660,222, with specie in their vaults in 1850-51 of $48,671,048, and in 1853-54 of $59,410,253, being an increase of $10,739,205. These tables exhibit a bank circulation of $204,689,209, against the $241,000,000 of gold and silver in the country. The independent treasury of the United States, receiving and paying for the fiscal year 1854 more than $75,000,000 in the current coin, has kept up the demand for it, and prevented the large bank circulation from obtaining the mastery, and driving the constitutional currency from the country. In our table of exports we find an increase in the export of coin over the previous year, but not exceeding the produce of our mines. This increase may be, in part, accounted for by the large redemption of the public debt held abroad, and the bank circulation, a large part of which was in small notes circulated at a discount in places remote from 48 THE TREASURY. the issuing bank, and forcing the better currency of gold and silver out of tlie market. The United States having phxced her receipts and expendi- tures ujjon tlie constitutional currency of gold and silver, it is in the power of the States, by prohibiting the banks from issuing and circulating notes of a small denomination, and by making the constitutional currency the basis of their own receii»ts and expenditures, to give the victory in all time to the constitutional currency, keep a sufficiency in the country for all the ])urposes of a circulating medium, and prevent the evils and losses that always attend an inferior currency. The disorder now felt in money matters grows out of the failure of many of these banks, and the curtailment of the circulation and discounts of others, which, in the last six months, must have reached forty or fifty millions of dollars; and in part out of the effects produced by the large imports, and in part out of the want of confidence between lender and borrower. It cannot be attributed to the shipment of gold and silver, Avhich is nothing but a consequence growing out of these causes. The independent treasury has been administered in strict accordance Avith the provisions of the law, in all respects, as stated in my former report. There has been found no diffi- culty in its operation, nor in complying with any of the pro- visions of the law. The opening the Treasurer's office at AVashington, and the offices of the several assistant treas- urers and public depositaries, as places of deposite for the disbursing agents of the government, has been attended with signal success, and resulted in great advantage to the execu- tive departments and the disbursing agents. The table, 35, which acctjuipanies this report, shows the growth of the dej)osite system; the number of disbursing agents who de- j->(»site, with the places and amount of deposite at different periods. It will be seen that in September these deposites exceeded $3,500,000; whilst all disbursing agents who could have not availed themselves of the privilege, and many dis- bursing agents could not do so, because there were not de- po.sitaries convenient to their location. The returns of these deposites furnish the means of ascertaining the operations of disbursing agents, and whether the funds are kept in readiness to meet the appropriations; whilst, upon the re- moval, resignation, or death of a disbursing agent, the amount on dei)o.site passes at once into the United States treasury and to the credit of the depositor, without the procrastina- tion causeil ])y having to await a settlement by the agent or an administration; and can at once be applied to the purposes THE TREASURY. 49 of the appropriation throu2:li another agent. The money thus on deposite is as safe and secure as that in tlie treasury, and is without risk to tlie depositor; and it is right tlie gov- ernment, find not tlie dishursing agent, sliouW he at tlicCx- pense and risk of keeping the ptihlic money until actually dishursed. It is to be regretted that all disbursing agents, conveniently situated, have not availed themselves of the right to deposite, because it furnishes cause of mistrust as to a strict compliance with the law, both in respect to the de- posite and use of the public money, and does not give the United States the benefit of promptly obtaining the amount not disbursed upon the removal, resignation, or death of the incumbent. The work on the coast survey continues to make good progress, and the means appear to have been carefully and economically used. If the work shall have the continued support of Congress for a few years more, the fullest and most reliable knowledge will be obtained of our extensive coast, and of all our harbors, to the great advantage of our navigation and commerce. The work is recommended to the consideration of Congress, with the belief that no more convenient time will be found for its continuance and com- pletion, nor a more able corps of officers to which it can be confided. The report of the Light-house Board, No. 37, also accom- panies this report, and is referred to for the detailed opera- tions for the past year. The business has been promptly and faithfully attended to in all its branches, and the sys- tem made as efficient as the time and means would allow ; and it is recommended to the continued favor of Congress, in order tliat increased facilities may be given to navigation in all its branches and connexions. Under the appropriation of $20,000 for continuing the system of protecting human life from shipwreck on the New Jersey coast, and $20,000 appropriated without specification, (which the department has thought advisable to expend on the coast of Long Island,) Mr. S. C. Dunham was appointed for the New Jersey coast, and Mr. J. N. Schellinger for the Long Island coast, with instructions to examine existing stations, and report what would be needed to put them in a perfect state, and to select intermediate stations, so as to make the stations on each coast five instead of ten miles apart. Both these agents have reported, and are now em- ployed in building the houses at the new stations, and pro- viding the articles required for them and the old ones, and 'tare l^es boili. s" i arf ^'ring shipped - . I:v^^:i--iir coais ai - ::ivl:v.:e.i in the act V.as^el and r.-r-er care -:a. purv»- disasrer lo the ship ** New Era" has - - -■ c ----.-■_. xised for '"-ien.is the ststi:ii5 in aa. eniirely efeeiive condiiioii. ' r:. X.x 3S, rn:ni Captain A. H ^ — - "t?, in charge r.f the o'^n^rr affords all necessarr i: STuncieni lor lae "weigiii and charaeier - rr-ecinei in the ^ ~ ' 'n^ to "ri II lo l«e hmli . ere is : :_- report of site tor a easiom-h ruse ai Detroit : . . _ : . r the reasons sr ~ : ^^.'^ that rn z,j scrll the present 1 : .se a _. Virginia, in acc»jrd- - - - '-^zi. SfK 3V, acf>j>nipa- zx to examine the sites o&red ~ 'wi"^ : ' : ners and THE TF.F.AFTEY. 5l others upon the guhject : and steps are "being taken to obtain the titles, with a view to early action ir ' ' . bnild- ings constructed. The table, 'So. 40. ex ?= snd prices agreed to he paid in the several ciiies. rt was made on the site at BufOalo, Xe^r York: • .ti. Ohio; and Burlington, Iowa, for the reasons stated in the same report There has not been time for information from Xew Orleans since instructions were issued to obtain offers for a site for the ma ' ' ' there. The department . - jed of an embezzlement .>i bullion br one of the omeers in the mint at Philadelphia. determined to have the mint and course of business investi- gated, and a detailed repc>rt made with a view to the better security of its operations. Messrs. Eichard Smith and J. C Pickett were appjinte'l f-»r that punx«se. A o''py of the letter of appointment (So. 41) and : ly- ing this, with a copy of the new re<- 1^ rector of the mint has adopted, with the sanction oi this depkartment, for the government of the mint and branches. They are submitted to Congress for such additional legisla- tion as the circumstances seem to require. The condition of the mint at PhiladelT»hi?i. as to ^•^t-^ as a depDsitory and security &om fixe, was er in Bowman, under the directions of this c :_ " - ' - : re- port (So. 42) accompanies this, and states the necessity of giving the same greater security as a mint and depository. and of its being made fire-pr«:>of : and estimates are sub- mitted for the alterations, and a.- ' " . ' - vailts of the Treasury building at VTfci- . i. Bn f'T the repairs of the branch mint at New Orlc-„ : .- _ : : suS- cient to make it thoroughly fire-pro<;'f and secure as a mint and depository, and estimates are submitted for that pur- pose. The attenti<'*n <">f rv>p.gress is called to the condition of the mint at 7 . and the branch n' - " i'rw Orleans, and of : :: the treasury, and - to- priations rec^jmrnendei as will make them fire-pi rr- lectly safe. The propriety of an annual apprct--^ -- '•^t keeping in repair the vaults and safes for the assistant trea- surers and depositories is submitted. The table. 43. which accompanies this reT*ort. e:shib!ts fltty- tour places, including the marine :. ' - is iifiorded to sick and disabled seamen. :«f this department, with the averaee c-^st per day oi each ja- tient at the several places. It appears the average cost is Siir and reasonable at most of the places, but at others it 02 THE TREASmiT. greatly exceeds what it slnnild be. Every effort has been made to bring the cost within lair and reasonable limits, but the greatest discrepancies are found in those places where there are but few patients to accommodate, and where it has been found impossible to reduce the item constituting the largest average in the expense, such as compensation of 8urgeons, &c. The report of the supervising inspectors of steamboats, un- der the act of 30th August, 1852. No. 44, accompanies this report, as also a letter from Mr. William M. Gouge, charged by this department with the duty of attending the meetings. The department also i)rocured Professor Booth, melter and refiner at the mint in Diiladelphia, to experiment upon fu- sible alloys, in connexion witli Evans' safety valves, and otherwise, with a view of testing the same, and in order to have reliable alloys should it be determined to continue their use. His report, Ko. 45, also accompanies this, and gives valuable information upon the subject The attention of Congress is called to the suggestions in the report of the su- pervisors, the letter of Mr. Gouge, and the report of Professor Booth. The department has been furnished with the table, 40, which accompanies this report, showing the loss of sixty- three steam vessels from the 1st of January, 1854, to June of the same year, Avith the causes thereof This table exhibits ten by collision, seventeen by fire, five from ice, twenty-three from snags, and states nineteen of them were lost from inattention and negligonce, thirty-one from accident, one from being un- seawortliy, and only two from unavoidable causes. This ex- hibit proves that much remains to be done, under the steam- boat act, to secure capable and efficient officers on steam ves- sels for the i^reservation of life. These, and the recent losses upon the ocean, properly raise the question whether the law should i)rovidc greater security in the construction of steam- passenger vessels, or leave them, as now, to the ship-owners. In my former report tlie attention of Congress was called to the inconvenience arising from two sets of local inspectors, one under the act of 1838, and the other under the act of 1852, and the i)ropriety of having but one set under the same superintendence. The regulations which the supervi- sing inspectors are authorized to make should also have the approval of the department, and its supervision in enforcing tliem. The jtrdpriety of providing for supervising inspectors on the Pacific coast was also stated, and is again recommended. The attention of Congress is also called to the penalty for collision, under the act of 1838, which only applies to the THE TREASURY. 53 destruction of life on the vessel the officer commanrls, and does not embrace the killing done on the other vessel. There seems to be no express provision, in any act of Con- gress, that the records and ])apers of the several collectors of customs shall be public property^ and left in the offices for the use of their successors; nor any provision making it a felony to make false entries in the collector's books, or return false accounts to the treasury. It has been customary :n man}'' of the districts for the outgoing collector to carry away the books and papers, on the pretence that they were private property, because purchased out of the emoluments of the collector, under the regulations of the treasury. They have been declared, by a treasury circular, the property of the Uni- ted States, and directed to be preserved and handed over to the successor. The fact that these books were carried away was cause of suspicion as to the integrity of the collectors, and in four ports, to wit: Oswego, Cleveland, Toledo, and IMilwau- kie, where other strong circumstances strengthened the sus- picion, investigations were instituted at the ports, with copies of the returns made to the treasury, and the books and re- ceipts of the importers in the United States and those in Ca- nada examined. The accounts of the late collector at Oswego were ascertained to have suppressed duties, actually collected by him, to over $75,000; the collector at Cleveland to an amount almost of $115,000; the collector at Toledo to an amount of about $5,000; and the collector at Milwaukie to over $3,000. These are the first frauds of this description that have ever been brought to light. They are now pre- sented to the consideration of Congress, for such additional legislation as may be deemed necessary. In the revision of the revenue laws prepared at this department, under a reso- lution of the Senate, and now before that body, clauses have been inserted for the purpose of providing the proper remedy. There has been no revision of the revenue laws since the en- actment of 1789. The necessity of a revision is respectfully urged upon the consideration of Congress. In addition to the tables and rej^orts herein before particu- larly mentioned, various statements of exports and imports, a statement of the persons employed in the several collection districts, and a complete set of the circulars issued by this department since the date of my former report, also accom- pany this. The important interests confided to this department re- quire that the clerical force should be not only capable, but trustworthy in all respects. I find there has been great im- provement in that force. In most cases, the best of those 54 THE TREASURY. found in office were retained, and, under the system of classi- fication, when vacancies occurred, a rule was established to promote, for capacity and efficiency, from the lower to the higher classes, whilst the required examinations have secured more capable clerks for the first class. The rules of the of- fice are strictly enforced, and there exists commendable in- dustry, capacity, efficiency, and, it is believed, integrity, in the corps employed. The department is being brought into good condition. All which is respectfully submitted. JAMES GUTHRIE, Secretary of the Treasury. 1 1 1. -THE AH MY. KEPORT OF THE SECRETARY OF WAR. War Department, December 4, 1854. Sir: I have the honor to submit the following report of the operations of the army for the past year, and to Lay be- fore you the reports of the commanding general and of the heads of the several bureaus of the War Department. The authorized strength of the army (as now posted) is 14,216 officers and men; but the accompanying tables, pre- pared at the Adjutant General's office, show that at the date of the last returns tlie actual strength was only 10,745. This difference, however between the authorized and actual strength of the army is fast disappearing under the opera- tion of the law of the 4tli of August last, " to increase the pay of the rank and file of the army, and to encourage en- listments." The general distribution of the army is nearly the same as shown in my last report. The most important changes will be briefly noticed. The 3d artillery has been reorgan- ized since the wreck of the steamer San Francisco, and six companies sent to the Pacific, via the Isthmus of Panama. Two of the companies of that regiment, and a detachment of recruits for companies of dragoons serving in the depart- ment of the Pacific have been sent by the over-land route, for the i)urpose of exercising a salutary influence over the Indians inhabiting the country through which they will pass, and holding to account the tribe imi)licated in the massacre of Capt. Gunnison's party. They will winter in the Great Salt Lake valley, and proceed to their destination in the spring. Six companies of the 2d infantry have been reor- ganized, and are now posted in the department of the West. The remaining comiianies of that regiment will ])0 sent to the same department as soon as their organization is com- pleted. The Gth infantry has been ordered to the depart- ment of the Pacific. Six companies of the regiment are concentrated at Jefferson Barracks, preparatory to sailing for the Pacific, by way of the Isthmus, and two others, which were also under orders for Jefl'erson Barracks, have been sent to Fort Laramie in consequence of the difficulties 55 50 THE ARMY. that recently occurred in tliat vicinity. The remaining com- panies now* at Fort Kearney and Laramie will be sent to tlieir destination next sprint^, hy the overland routes, if a continuation of the Indian ditHculties in that quarter should not interfere with this intention. The headquarters and two companies of tlie 1st dragoons have been transferred to the department of New Mexico, and replaced in the depart- ment of the West by four companies of the 2d dragoons from New 3Iexico. The troo]is on the Indian frontier of Florida have recently been reinforced by two companies of artilk'ry drawn from the Atlantic coast. Some other changes of minor inii)ortance have also been made with a view of effecting a greater concentration of the troops. The removal from Florida of the remnant of the Semi- nole tribe, who. in violation of the treaty, have continued to occui>y the southern part of that State, has received the con- stant attention of the department; but, from peculiar cir- cumstances, the efforts directed to this object have been at- tended with but little success. It is, however, believed that better results may be anticipated in the ensuing year. The troops have taken a line of observation which greatly con- tracts the limits of the territory occupied by the Indians ; and it is proi)Osed to make expeditions through the region where they have hitherto remained securely concealed. By opening roads and by the use of boats adapted to the navi- gation of the lakes, swamps, and bayous, which have here- tofore enabled them to elude pursuit, (including a small steamer, as recommended by the Quartermaster General,) the dei)artment exi)ects to acquire an accurate knowledge of the country, and to impress them with the conviction of tlieir inability to escape from or resist the power of the Uni- ted States. Measures have been taken to cut off their trade, and to make tlieni feel the great inconvenience which will attend an attitude of defiance on their part towards this government. By these means it is hoped the Indians may be ])eaceably removed to the home provided for 'them west of the Mississippi, and the claim of Florida to be relieved from their ])rt'S('nce be speedily answered. Should this hope not be fulliiled, the measures above referred to are the l>roper and the most efficient steps preliminary to active operatiuns for their removal by force. In the other military departments the Indians have re- ])eatt'dly come into collision with our troops. Depredations upon cars no propriety in making a permanent distinction in the ck'signation and arm- ament of the several regiments : it is, therefore, proposed to place all the regiments of cavalry on the same footing in these respects, and to leave it in the power of the Executive to arm and equip them in such manner as may be required by the nature of the service in which they may be employed. The remarks just made in regard to dragoons and mount- ed riflemen apply to the case of infantry and foot riflemen. In increasing the force of foot troops, it is proposed to de- signate them all as infantry, leaving to the Executive the selection of the arms and mode of instruction applicable to their service in the field. A strong reason for this arrangement exists in the fact that, with the recent improvements in small arms, it is probable that the distinction in the armament of heavy and light infantry, and riflemen, will nearly cease, especially in our service, where the whole force is liable to be employed as light troops. In the Prussian army, even before the adoption of the new arms, the service of skirmishers or light troops regulated the instruction of the whole body of infantry. It has always been difficult to devise a rule of military promotion by which the interests of the State may be secured in advancing none but competent men, without affecting the just pride of the officer or violating the consideration due to long and faithful service. Undoubtedly, if it Avere possible that the appointing power should always exercise a perfectly enlightened and impartial judgment, the rule of promotion by selection might be advantageously applied in filling up all the grades of the army. But in- no military service has it been thought safe to adopt this rule to such an extent, and in our army the difficulty of its application is vastly in- creased by the usually scattered condition of the forces, as well as by other considerations. The appointment of fit men for commissions in the lower grades of the army may be in a great measure, secured by requiring, in all cases, a preliminary examination, as is now required for the promotion of cadets and non-commissioned 10 74 THE ARIMT. officers. But with every precaution in tlic first appointment, some officers will be found unsuitable for discharging the duties of the higher grades, or they may become disqualified in consequence of the infirmities of age or other disability. The ])roposed organization of the general staff provides a remedv so far as relates to their important duties, by open- ing a wide field for the selection of general and stafi" officers, and lor replacing those who may, on trial, be found to want the peculiar qualifications requisite for those duties. This prinei])le may, perhaps, be advantageously extended to the selection of officers for some other important stations in the army, just as it is now applicable by law to the appointment of a"^ commander of the corps of engineers. It is necessary, therefore, in order to maintain an efficient body of officers, that some provision shall be made for the cases above alluded to, where officers may be disabled or disqualified for promo- tion. The only means for affecting this object without in- justice to faithful public servants is, to create a retired list, which mav provide the means of retreat for disabled officers, like that which tlie institution of a military asylum has af- forded to other disabled soldiers. This measure has already received the favorable consideration of one branch of Con- gress, and its final adoption is urgently recommended as being absolutely essential to an efficient reform. Its adapta- tion to the service may be tested by restricting to a short pe- riod (one year) the exercise of the power to place officers oii the retired list, and requiring the renewed authority of law for its continuance; and as to the expense, though that is not the primary consideration in a question which involves the efficiency of the army, it need only be remarked, that by the present law the disabled officer who renders no ser- vice draws full pay, while, on the retired list, he would re- ceive a much smalfor allowance. So far as relates to them, the expensive system is that which keeps them on full pay. Whatever military establishment a nation maintains should be kept efficient; and it never can be so if the higher ranks are occupied by officers incapable of service. The only choice is to retire them on some reduced allowance, or to disband them. The last is a remedy too harsh to be ap- plied to faithi'ul officers, disabled and worn out in its military service. For detailed information concerning the Military Acade- my, 1 refer to the report of the last board of visiters, and to that of the chief engineer, ex officio inspector of the Academy. Tlie proposition submitted in my last annual report, to in- crease the academic time of cadets by the addition of one THE ARMY. 75 year, has been matured and put into effect by dividing tlie last admitted into two parts — tlie first to pursue the iormer course of four years, and the second, conijiosed of tlie junior and less educated members, to pursue the newly arranged course of studies, which will occupy a term of five years. By this arrangement we avoid an intermission in the sui)ply of cadets to be attached as brevet second lieutenants to corps and companies; and all classes hereafter admitted will be instructed according to the plan of studies arranged for the five years course. In general terms, it may be stated that the scientific course has not been increased, and that the ad- ditions made are those appertaining to practical military instruction and extension of the course of languages and national law. These additions were deemed necessary to qualify military officers for the high and delicate duties they are sometimes required to perform; and they could not be added without increasing the term or subtracting something from the thorough scientific education included in the course heretofore pursued. From a recent inspection of the Academy, I can bear testi- mony to its successful administration, and the many and decided improvements which have from time to time been made. Additional means of instruction have greatly facili- tated the acquisition of knowledge, and better arrange- ments in the quarters and recitation-rooms have materially contributed to the economy, comfort, and order of the corps. I concur in the recommendation of the chief engineer for the establishment of a new professorship to replace that of "ethics and English studies." This chair is now filled by the chaplain of the post; and if it was ever desirable that the pastor of cadets should also be a member of the academic staff, the wider range recently given to the study of philology, national law, and the contemplated addition of cognate branches, renders it impracticable for one person properly to perform both duties. I also concur in the estimates of that ofiicer for an apjn-ii- priation for the commencement of the construction of addi- tional quarters for officers on duty at the Military Academy. The necessity for this is fully stated in the report of the board of visiters and the chief engineer. The total cost of the proposed buildings is estimated at $44,054 46, about one- half of which is asked for the current year. The condition of the seacoast defences is stated in the re- port of the chief engineer. The grant of a})propriations for these works at the last two sessions of Congress, after their suspension for several years, during which the policy of con- 76 THE ARilY. tinning them was very fully discussed, is regarded as a final decision of the question ; and I advert to the subject only to sav that recent experience in Europe has placed beyond doubt the wisdom of that conclusion. No defences can long avail a people wlio cannot meet their foes in the open iield; and our fortifications are not intended to serve as the refuge of weakness, or as the strongholds of unpopular power. On the seaboard, in advance of populous cities and important har- bors, they are designed to arrest the progress of hostile fleets, and force the invader to abandon his attack, disembark his troops, and pursue his attack by land. The capacity of sea- coast defences to affect this object against the most powerful armaments that have ever been placed afloat, is amply de- monstrated by the results of the late military operations in the BLack sea and the Baltic. Happily, we may profit by the experience of others with- out suffering the evils that attend the practical solution of such problems. Though our arms have heretofore been considered the best in use, recent inventions in Europe have produced changes in small arms which are now being used in war, with such important results as have caused them to be noticed among the remarkable incidents of battles, and indicate that ma- terial modifications will be made in the future armament of troops. The superiority of the grooved or rifle barrel and elon- gated ball, in range and accuracy of fire, has been long known, yet the difficulty of loading this weapon has hith- erto, for most military purposes, counterbalanced its advan- tages. To overcome this difficulty two methods have been proposed: the first, by loading the piece at the breech, has been for some time in use, but has defects which all the in- genuity expended on it has failed to entirely overcome; the second method, which has produced the important results above indicated, is to use an oblong ball of such diameter as to be readily introduced into the piece, but which afterwards is ex}>anded so as to fill the calibre. This was at first done by providing a rest or support at the junction of the cham- ber with bore, as in Capt. Delvigne's method, or by means of a solid pillar in the axis of the barrel, upon which the ball rested and was expanded by blows from a heavy rammer. This was the plan of Col. Thouvenin, of the French army, and is known as the system "a la tige" which has been ex- tensively used in their service. The same object was subse- quently attained by inserting into the rear part of the ball a conical iron cup, which, being driven into the lead by the THE ARMY. TT explosion of the char<]je, acted as a wedge to expand the ball. This is the plan known by the name of its inventor, Ca])tain Minie, of the French army. Still more recently, in England, the ball has l)een im])roved so as to expand by the force of the powder alone, without the aid of tlie cup. Tliis is known as the Pritchett ball, having been brought into use by Mr. Pritchett, a gun-maker of London. This idea also had been suggested by Capt. Delvigne. My attention being drawn to tlie subject, I directed expe- riments to be made by the Ordnance department, both as to the proper shape of the ball and the best mode of groov- ing the barrel. In the course of these trials some impor- tUnt conclusions were reached — agreeing, as was afterwards ascertained, with the results of the investigations then ma- king in Europe. Although our experiments have been con- fined to our service-rifle, and are yet incomplete, they con- firm the great superiority claimed for this invention abroad. They show that the new weapon, while it can be loaded as readily as the ordinary musket, is at least equally effective at three times the distance. The foreign experiments indi- cate a still greater superiority of the new arms. These re- sults render it almost certain that smooth-bored arms will be superseded as a military weapon ; but great caution is requisite in introducing a general change in tliis important element of national defence, for the waste of public money is not the greatest of the evils resulting from the adoption of an erroneous system. The strong probability of a change, and the fact that we have already accumulated so large a supply — more tlian half a million of muskets and rifles in the arsenals of the United States, besides about three hun- dred thousand in possession of the States, at a cost of near ten millions of dollars — render it not expedient to continue, at this time, on a large scale, if at all, the manufacture of small arms of our present patterns. But, until experience shall enable us to decide on the merits of the new improve- ments, I am of opinion that our expenditures for small arms should merely be confined to the making of such as are required for fully testing these inventions. I have, however, asked for the usual appropriations for the national armories, in the hope that our experiments and trials in ac- tual service, and the experience of the present war in Eu- rope, will enable us soon to decide on the value of the recent modifications, and to continue the manufacture of arms upon improved models. Congress, at its last session, made an appropriation for the purchase of a number of the best breech-loading rifles. f§ THE ARMY. To ascertain winch among the many that have heen invented are tlie best, public notice has been given through the news- papers of tlie appropriation and its object, inviting all in- ventors to furnish samples of their arras. When all who choose to compete shall have submitted their arms, a number of each kind deemed worthy of trial will be subjected to such practical tests as may determine their relative merits as military Avoapons. Should the result, as it probably will, secure a substantial and simple breech-loading arm, it will su]>erse(le our present patterns for the use of cavalry. The efficacy of these new patterns of arms will bo further increased by an approved mode of priming, which has been approved by the highest officers in our military and naval services. Operations are now in progress to perfect the de- tails of fabricating this new primer and applying it to finished arms of the old pattern, as well as to new ones now in process of manufacture. In anticipation of an increased, if not exclusive use of rifle arms by the regular army, and because of the belief that the rifle or light inflmtry system of instruction is best adapted to the foot militia, I have caused inquiries to be in- stituted into the systems used by the light troops of other countries, that complete light infantry or rifle tactics might be introduced into our service with such improvements as the experience of other armies has shown to be valuable. A work on this subject is now in the course of preparation, and it is expected will be, in a short time, submitted to you for such action as it may be deemed worthy to receive. Attention is again called to the necessity for legislation to provide a more certain and equitable mode for the distri- bution of arms among the militia, and to the propriety of supplying them with books of tactical instruction, as con- temj)lated in the clause of the constitution, "for training the militia, according to the discipline prescribed by Con- gress." I have to ask attention to the necessity for further legis- lation for tlie sale of useless military sites. According to the construction which has been given to the acts upon this subject, and which, though its correctness has been doubted, must be regarded as settled by the practice of the depart- ment, the act of March 3, 1819, applies only to military sites then held, and that of April 28, 1828, only to lands " conveyed to" the United States for forts, &c. According to these views, there is no provision for the sale of lands which, since the 8d of March, 1819, have been reserved from the public domain for military purposes ; and I there- THE ARMY. Id fore recommend thai, the provisions of the acts c^lvinp; au- thority to sell useless military sites be extended to embrace those reservations. Many reservations around military ])osts, originally es- tablished on the frontier, and now rendered useless by the advance of population, have acr[uired great value, not only from the rise in the price of lands in such localities, but from improvements put upon them by the labor of the troops, or at public expense. In disposing at public sale of some of these, which came within the act of 1819, it was found that the bids were far below the fair market value of the land — a result which has been attributed no doubt correctly, to combinations among the l)idders. I concur with the Quartermaster General in the opinion that similar results can be prevented in future only by establishing a minimum price, below which the land shall not be sold ; and I recommend that provision be made for this purpose in any act that may be passed on the subject The accounts of disbursing officers have been rendered with more than usual punctuality during the past year, but yet not w^ith the promptitude which the department desires to enforce. Many officers, not having stalf appointments, besides the performance of their appropriate duties in the active and arduous service of the frontier, are charged with the disbursement of public money, and Avitli the care of pub- lic property. Tliis, besides the labor it involves, subjects them to some loss which no care can avoid, and which is a tax upon their pay. To reimburse tliis loss, if not to remunerate their labor, I concur with the Quartermaster General in recom- mending that some additional pay be allowed. I cannot too strongly urge the necessity of effectual meas- ures being taken for the prompt settlement of accounts of disbiu'sing officers at the treasury. The delay to which they are now subjected exerts a most injurious eifect by destroying the salutary impression of a watchful superintendence of public expenditures, paralyzes the efforts of this depai-tmcnt to enforce promptness in accounting, by keeping it in ignor- ance of the true state of officers' accounts, and exposes them to loss by failing to give them notice of errors or detects of evidence until the accidents and mutations incident to army life have destroyed their ability to rectify the one or supply the other. One cause of the delay has been the distribution of military accounts between two auditors, both of whom, in some cases, have to settle different parts of the same account, and even sometimes different items of the same voucher. It is hoped this inconvenient and useless arrangement will be 80 THE ARMY. abolished, and all the military accounts committed to a single auditor. It is scarcely to be expected, however, that this measure alone will remove an evil which has resisted the earnest eiforts of this department for a long series of years. It is, however, the remedy suggested by our present knoAV- ledge of tlie case: and if further investigation shall develop other causes of the delays complained of, it will also indicate the additional means necessary to complete the reform. The arrangement made by the Treasury Department, by which disbursing officers are enabled to keep funds on de- posite witli the assistant treasurers of the United States, proves to be of great advantage to the service, and promises, when more perfectly understood and carried into full elFect, to obviate most of the inconveniences heretofore experienced in transmitting funds and making disbursements in remote parts of the country. It preserves the control of the depart- ment over the public moneys till the moment of their ex- penditure, and enables it, in the event of the death of au officer, to reclaim its funds without waiting for the appoint- ment of an administrator or the settlement of his accounts. It also removes, in a great measure, those temptations which the possession of large sums of money in times of active speculative excitement cannot fail to present. I have again to invite attention to the necessity of some general provision for the prosecution of suits involving titles to lands and other public interests, committed to the charge of this dei)artnicnt, and for the settlement of accounts for counsel fees, costs, and other expenses incurred in maintain- ing the rights of the United States in such cases. In the absence of any provision of law on the subject, this depart- ment has been sul)ject to exorbitant charges, and has expe- rienced much embarrassment in the conduct of suits. In ])ursuance of the riews stated in my last annual report in referL'iice to river and harbor improvements, the depart- ment has adhered, in the directions it has given, to the design of making them as complete as possible, without any opera- tion being undertaken which would be dependent for its completion uj)on future ajipropriations. Some works have been coiu[)leted in conformity with these views, but, by re- ference to the reports of the colonels of the two corps of engineers, it will be seen that a large majority are unfinished, and that in many cases the balances of appropriations ap- plicable tliereto are not sufficient to effect results of much value. As no appropriations were made at the last session of (.'(jngrcss, I have deemed it unnecessary to present further ostiuiatetj at this time. THE ARMY. 81 To the general remarks upon this subject in my last annual report, I have only to add that experience confirms the o})inion tliat no benefit at all commensurate Avith the expense lias been obtained or is to be expected from appropriations granted and applied in the mode heretofore pursued. Much of tlie expenditure has been utterly lost for want of furtlier approi)riations to complete wliat has been commenced, and works completed have fallen into ruins for want of ap})ro- priations to preserve tliem from dilapidation by the violence of storms, the wear of currents, and the progress of natural decay. A rock or snag removed from a navigable channel is a benefit gained forever, but artificial structures to protect harbors or change the course or increase the velocity of cur- rents, must undergo deterioration, which, however small, will be constant; and whatever policy may be hereafter adoi)ted in regard to such works, it will be imperfect unless it embrace not only their completion upon the plans selected, but their preservation from the operation of the natural agencies which tend to destroy them, as well as from injury or occupation by trespassers. No means will be adequate for these objects unless accompanied by a cession of exclusive jurisdiction over the site, or at least ownership of the soil. Questions have already arisen Avhich seem to indicate the difficulties which must inevitably occur from the want of jurisdiction and title whenever the powers now necessarily exercised in the prosecution of these works shall come in conflict with the rights or interests of individuals. The survey of the northern and nortliwestern lakes has made steady progress, and the documents accompanying the report of the Colonel of Topographical Engineers show an unusual progress in this work accomplished during the past season. The roads in course of construction in the Territory of Minnesota have been prosecuted with tiie means at the dis- posal of the department, and a document in the report from the Topographical bureau will show the system pursued and tlie progress made in their construction. With regard to those in Oregon, Utah, and New Mexico, special instructions have been given from this department, of which copies are appended, designed, in each case, to secure, in the first place, a })ractical wagon-road between the termini, with such im- ]»rovenients afterwards as the balance of the aitpro])riation wt)uld allow. The roads in New Mexico, from Taos to Santa Fe, and from Santa Fe to Dona Ana, authorized by the act of July 17, 1854, have not yet been commenced. The location of these, or at least of the latter, will depend, in a great 82 THE ARMY. measure, upon the success which may attend the efforts to obtain water aking tlie route by wells, for which the act makes ])rovision. The cheapest method of obtaining it will, it is believed, he by borinji;, for which purpose implements could not be obtained in that country. Measures have been taken to procure the necessary tools and apparatus in connexion with the examination and trials to be made for the supply of water bv Artesian wells on the routes for the Pacific rail- road. When these have been completed the same apparatus can be economically used for the wells on the military roads. Since the date of my report of February 6, 1854, commu- nicating to Congress copies of all reports then received from the engineers and other persons employed in explorations and sm-veys to ascertain the most practicable and economical route for a railroad from the Mississippi river to the Pacific ocean, the six parties engaged in those surveys have com- pleted tlieir field duties; reports from four of them have been received, and printed under a resolution of the House of Pteprescntatives, passed at the last session; the two re- maining reports, it is expected, will be ready for the printer in the course of next month. No provision was made, by the resolution above cited, for engraving the maps; without them the reports are comparatively useless. In making surveys of this character, the maps and reports, being hastily prepared in the field, and generally at night, after a day of fatiguing duty, require careful revision in the office, and are considered as merely preliminary to the more elaborate results which finally take their place. Hence it has been found necessary to return some of the reports for revision, and in some cases to replot the work and make new maps. When all the reports and maps are received, they will be laid Ijeforc Congress, with a general report, and a map ex- hibiting all the routes and such profiles and other drawings as will be necessary to illustrate the subject. An appropriation having been made, at the last session, for continuing these surveys, a party has been organized to make iurther explorations between the plains of Los Ange- les and the waters of the bay of San Francisco, to determine whether there be a practicable route for a railroad through the mountain passes of the Sierra Nevada and coast range which extend to the sea-coast at Point Conception. A second l)arty is making prejiarations for testing the practicability of ]irocnring water by means of Artesian wells upon the arid ]»lains which occur in the several routes. The results of tlie surveys already made will, when assembled and com- THE ARMY. 83 pared, probably indicate the direction in which further ex- plorations shall be made by parties organized to take the field next spring, as early as the season will permit. I refer to the report of Captain Meigs, of the corps of engineers, the officer in charge of the Capitol extension, for a very satisfactory account of the progress of that work. The exterior focing of the walls has been retarded by the difficulty of obtaining, under the contract, a sufficient .•sup- ply of marble; but the brick work is well advanced. The walls of the Senate chamber and Representatives' hall aro finished, and these rooms will be placed under roof during the present winter. It is expected that they will be com- pleted by the meeting of the next Congress; but the delay in the supply of marble may so retard the completion of the outer walls, and the corridors depending thereon, as to prevent their being occupied so early. The style of the work, both in finish and strength, has been of a higher standard than was contemplated when the estimates were made; but the administrative caj)acity and professional skill of the officer in charge have so kept down the expenditures, that it is believed the cost will not exceed the estimates made for an inferior building. The modifications made in the interior plan of the struc- ture are now so far completed as to be seen and easily under- stood; and I feel additional assurance as to the successful solution of the difficult problems of acoustics, optics, and ventilation, presented especially in the construction of the Hall of Representatives. Operations on the work designed to supply this city with water have been suspended for want of funds. It is hoped that appropriations will no longer be withheld from this im- portant work. I have seen no reason to change the opinion that it was judiciously planned and located. My confidence is strengthened that it will bo comjileted at a cost within the estimate, and will secure the object in view witli more cer- tainty, and — taking into view the permanence of the work, its capacity to supply future wants, and the absence of ma- chinery, entailing annual expense — more economically, than any other mode that has been suggested. By the civil and diplomatic appropriation act, approved August 4, 1854, tliis department was authorized to purchase, for |200,000, the large fire-proof building at the corner of F and Seventeenth streets, which has long been occupied in common by bureaus of the Treasury, Interior, Navy, and War Departments. The lease under wliicli it was held ex- pired on the 30th of June, and the owner, who had given the 84 THE ARMY. department due notice, refused to renew it for a less rent than $30,000 per annum, which Congress had refused to appro- priate. A thorough survey of tlie huilding was made hy com- petent engineers and huiklers, who estimated its value, in its actual condition, at $197,042, $197,997, and $198,342, respec- tively, and, after some negotiation, the owner agreed to accept the amount of the ap])ropriation in payment for the huilding and in satisfaction of all claims for damages, and also for ar- rears of rent accrued since the termination of the lease — near- ly three months — which could not he paid, as the act was re- garded as making an appropriation either for purchase or rent, hut not for hoth. It is true the plan of the huilding was not considered as tlie hest adapted for puhlic offices, hut Congress had refused to allow tlie rent demanded hy the owner, and had thus left the department no alternative hut to purchase or vacate it. Between tliese conditions there was scarcely a choice. Ac- commodations elsewhere could not he procured without much difficulty, and I should have felt great reluctance to place in insecure buildings the valuable records stored there, some of which, if destroyed by fire, could not he replaced at a cost less than the price of the building, Avhile others could not he replaced at all. The purchase was therefore concluded upon the terms stated. I have submitted an estimate for repairs and improvements sufficient to put the building in proper condition. Much of the repairs now proposed would have been equally necessary had the government vacated the huilding, instead of purchasing, as the lease provided that the building should be restored in a good state of repair. The cost of the additional improvements will hardly exceed the amount of the rent that was released in the contract of purchase. It is hardly necessary to remark that the purchase of this huilding in no degree obviates the necessity heretofore fre- quently presented, of replacing the building assigned for the use of this department with a hrc^proof structure. The accompanying reports of the Commanding General of the army and the cliiefs of the several branches of the mili- tary service contain full and exact information in relation to the duties with which they are respectively charged. To these I refer for such details as could not be embraced in this report. I have the honor to be, very respectfully, your obedient servant; JEFl^li^RSON DAVIS, Secretary of War. To the i'jiEiiDENT of the United States. lY -THE NAVY. REPORT OF THE SECRETARY OF THE NAVY. Navy Department, December 4, 1854. Sir: In the annual report from the Navy Department, which I now have the lienor to present, I have taken the liherty, in addition to the usual statement of the operations of the squadrons and the general condition of the service, and the public propertj^ to recommend a still further grad- ual increase of the navy, and to express frankly, my views of the great importance of its reorganization, and the en- actment of new regulations for the discipline and improve- ment of seamen. If they are urged with seeming pertina- city, my only apology is, a deep interest in the magnitude of the subject, and a conviction of the necessity of legisla- tive interposition. Squadrons. — The vessels composing the home squadron are, the frigate Columbia, the flag-ship. Commander S. B. Wilson; the sloops-of-war Albany, Commander J. T. Gerry; Falmouth, Commander T. D. Shaw ; and the steamers Prince- ton, Commander Henry Eagle; and Fulton, Lieutenant Com- manding J. K. Mitchell. Commodore J. T. Newton still com- mands this squadron. The cruising of the vessels of the squadron has been principally among the West India Islands and along the coasts bordering on the Caribbean sea and the Gulf of Mexico. The Columbia returned to Norfolk, in obedience to or- ders from the department, and on the 28th June sailed, un-, der instructions to Commodore NcAvton. on special duty to St. Domingo. Having thoroughly surveyed the bay of Sa- mana and ascertained its depth and character, and examined the localities in its vicinity Avith reference to fitness for a convenient depot for naval purposes, the Columbia returned to Pensacola, and is now under i3rders to proceed to San Juan de Nicaragua, conveying to that point Jlr. Wheeler, United States Minister resident to Nicaragua, and Mr. Mar- lin, United States Minister resident to Guatemala. The Princeton, Commander Eagle, sailed from Norfolk on the 31st of October for Pensacola, and will proceed on her cruise as a part of the home squadron. The Albany, Com- es 86 THE NAVT. mander Gerry, in pursuance of the orders of the commo- doro. has been actively cruising; during the entire year, hav- ing visited, among other ports, those of Samana, Sisal, St. Thomas, Laguyra, Curaceoa, Carthagenia, Aspinwall, San Juan, Port Royal, and St. Jago de Cuha._ She has done good service, and Commander Gerry and his officers merit the approbation of the department, as I have reason to know that the appearance of our flag at those ports, and the bearing of the officers, contributed much to the encour- agement and protection of our citizens engaged in commer- cial transactions in those regions. The last official intelligence received from the Albany was on the 28th of September from Aspinwall, informing the department that on the ensuing day she would sail for Kcw York. There is no doubt of her having put to sea at the time mentioned. Much time having elapsed and no ti- dings of her having been received, it is but natural that painful anxiety should be felt touching her fate. The prev- alent opinion is, that she has sustained serious injuries from encountering storms recently prevalent in her course home- ward, and that she has put into some port for repairs. With a view of obtaining information and affording relief, the steamer Princeton left Pensacola some days ago in search of tlie Albany. The dei^artment still entertains the opinion that she is sai'e. The Fulton, which until the 24:th of April was under the command of Lieutenant James M. Watson, was in useful service, and having visited many of the ports of the West Indies, returned to the United States. On the ITtli May she left Xorfolk under the command of Lieutenant Mitchell, con- voying to the port of Vera Cruz the Hon. Mr. Gadsden, our minister to Mexico, and bearer of the treaty recently concluded between the United States and Mexico, where she remained iintil the treaty was ratified, and with it returned to the port of Washington, Avhere she has since been necessarily de- tained, and is now ready for service. The practicability of inter-oceanic communication by the construction of a ship canal across the isthmus of Darien, between Caledonia bay and tlie Caribbean sea and the Gulf of San Miguel, on the Pacific, has long been a subject of much speculation and controversy among men of science and karning. The magnitude of the work, and wonderful in- fluence which its successful accomplishment might exert upon the commerce of the world, and more especially upon the interc(jurse between our Atlantic and Pacific possessions, induced tiie department, with your approbation, to accept the THE NAVY. 87 services of an accomplished and enterprizing officer of the navy, Lieutenant I. G. Strain, who volunteered to undertake the exploration. The Caribbean sea being embraced within the limits assigned as a cruising ground for the home squad- ron, the department concluded that the Cyane, Commander Hollins, might with great propriety, cruise in that region, take proper soundings at Caledonia bay, and at the same time, with but little additional expense, convey any party that might volunteer to engage in the arduous and interest- ing exploration. Passed Midshi])man Truxton, First As- sistant Engineer, J. M. Maury, Midshipman H. M. Garland, and a few civilians, and seamen from the crew of the Cyane, also volunteered to embark in the adventure. The permis- sion of the New Grenadian government having been cheer- fully given, the Cyane sailed from Philadelphia in December last, and arrived at Porto Escoccs, on Caledonia bay, on the 17th of January. The party were landed, and proceeded to execute the special duty assigned. They succeeded in cross- ing the isthmus, and returning, after encountering suffer- ings and hardships, and exhibiting ])owers of endurance, a spirit of enterprize, and a generous devotion to duty, emi- nently creditable to them as officers, and honorable to them as men. A f«w of the seamen and civilians were unable to bear up under their trying exposure, and expired. The Cyane returned with the party to New York. I refer you, however, for a more particular recital of the details of the expedition, to the interesting report of Lieutenant Strain which accompanies this communication, from which you will perceive that he is very decidedly of opinion that the work is totally impracticable; and this, I apprehend, settles the question forever. It is proper that I should remark that the officers of her Britannic Majesty's ship Virago, on the Pacific, were prompt and generous in extending timely relief to the suf- fering party, and that a proper ai)preciation of it has been officially communicated to her Britannic Majesty's gov- ernment. Intelligence having been received that the property of American citizens had been improperly detained by the people of San Juan de Nicaragua ; that our minister to Cen- tral America, Hon. ]\Ir. Borland, had been treated with rude- ness and disrespect, and that the interests of our countrymen required the immediate ])resence of a man-of-war in tliat neighborhood, the Cyane, being the most available vessel ibr that purpose, in obedience to instructions from the depart- ment, put to sea again on the 19th of June. S8 THE NAVY. On her arrival at San Juan, Commander Hollins, learning from Mr. Fabens, the United States commercial agent at that place, that the demand made by him, by order of the State bepartment, for a proper reparation of wrongs commit- ted by them, had been treated with derision and contempt, after 'due deliberation, thought it expedient, through Mr. Fabens, to make a final demand upon the inhabitants for a satisfactory adjustment. As the result was entirely unsatis- factory, Commander Hollins gave notice on the 12th of July, by a proclamation posted in the most public places, that if the proposed terms of settlement were not complied with, he should at 9 A. M. of the 13th, ])roceed to bombard the town of San Juan, to the end that "the rights of our country and citizens may be vindicated, and as a guarantee for future pro- tection." He had hoped that the show of a determination on his part would, at this stage of the proceedings, have brought about a satisfactory adjustment: such, however, was not the case. His appeals for adjustment were disregarded. His proc- lamation was only read to bo treated with contempt. His return to his country after all this, without inflicting some ])unishment upon these laAvless and reckless people, he thouglit would be but a signal for a renewal of insults and outrages. Having tendered boats for the removal of pro- perty and persons to all who would avail themselves of tliem, he bombarded the place and destroyed most of their property without loss of life. I couhl not reprove this commander for his conduct. Humanity often lends her sympathies to the sufferer, however just the punishment, but patriotism rarely condemns the brave officer who admin- isters that punishment from a sense of justice to liis coun- trymen whose ])roi)erty is destroyed and Avhose national flag is insulted. We may well regret the stern necessity which constrained him, but it should be remembered that Com- mander Hollins had been compelled but a year before to interfere and stop these same people in their progress of dc-structiou of American property; that he had, besides, seen the report of our minister, s[)caking of tliem as "being per- sons, almost witliout exception, of notoriously bad character — some of them discliarged penitentiary convicts and refu- gees from justice, habitually manifesting evil dispositions towards our citizens, antl indulging those dispositions to the injury of persons and property whenever they are not restrained by force," and that he was "unable to regard them in any other light than aspirates and outlaws; that he knew that this ungoverned populace had for a season restrained an THE NAVY. 89 American minister's personal liherty and rudely assailed him ; that tliey had retained and refused to surrender the stolen property of some of our countrymen; that they con- temptuously turned a deaf ear to his appeals for adjustment, and that his alternative was to inflict punishment or return to his country, with a well-armed national vessel, and report that he had demanded satisfaction, and, upon heing treated with contempt, had felt it liis duty to come home. Rash impetuosity on tlie part of those who hold in their hands, to some extent, tlie elements of war, cannot he too strongly discountenanced. No officer should dare trifle with thera. But I think that an acquaintance with all the facts and calm reflection will relieve our own ]ieople (who are justly sensitive of national honor) from any fear that a wrong has been perpetrated, and a reference to history may well si- lence the criticism of others. The Cyane requiring extensive repairs, and owing to the cr>nclition of the crew from the unhealthiness of that climate and their previous exposure in the hay of Caledonia, her re- turn to the United States became necessary. After receiving on board the archives of the commercial agency and Mr. Fa- bens and his effects. Commander Hollins proceeded to Boston, and the vessel on the 1st of September was put out of com- mission for the purpose of repairs, which are now completed. The Falmouth, Commander Shaw, has been very recently put in commission, and will proceed to sea in a few days. The Brazil squadron, Commodore W. D. Salter, has at- tached to it the flag-ship Savannah, Commander Samuel Mercer; the sloop-of-war Germantown, Commander W. F, Lynch; the brig Bainbridge, Lieutenant Commanding C. G. Hunt{?r; and the store-ship Relief, Lieutenant Commanding S. C. Rowan. The store-ship Relief returned to New York on the 29th of July for fresh supplies, and having taken in her cargo, sailed for Rio on the 24th of September. The sloop-of-war Jamestown, which at my last report formed one of this squadron, having com])leted her cruise, returned to the United States, and arrived at riiiladelphia on the 2d of ]\Lay. The steamer Water Witch, Lieut. Commanding T. J. Page, is still actively engaged in the surveys of the rivers L^ruguay and Parana. This squadron is efficiently engaged in taking care of the interests of our country in that region, with which our com- mercial transactions are rapidly growing. The African squadron, Commodore Isaac Mayo, consists of his flag-ship, the frigate Constitution, Commander J. Rudd; 12 gd THE NA\T. the sloops-of-war i\rarion. Commander H. Y. rurviance; and Dale, Commander Wm. C. \Yhittle. The brig Perry, Lieut. E. L. Page, ai'tor liaving been on the station two years, ar- rived at '^'ortolk on the 15th of July. The Constitution and the Marion will be relieved early in the ensuing year, at which time they will have been two years on that station. _ The vessels of this squadron have been actively, and in many instances successfully, engaged in checking the slave trade, and some of them have been regularly cruising on the coasts most frequented by slavers. The officers in command have also had it in their power to render assistance to mer- chant vessels in distress, and to our growing commerce, ex- posed to many dangers on the African coast. The Mediterranean squadron. Commodore S. H. Stringham, consists of his flag-ship, the frigate Cumberland, Commander A. A. Harwood; the steam-frigate Saranac, Captain J. C. Long; the sloops-of-war St. Louis, Commander D. N. Ingra- ham, and Levant, Commander C. C. Turner. The Cumber- land will be relieved early in the spring, and authority has been given for the return of the Levant and St. Louis early in the ensuing year. This squadron, during the past year, has visited many of the ports of Italy, Sicily, the Archipelago, and Grreece, and also the coasts of Spain and Barbary; and has kept a watch- ful eye over American interests in the Mediterranean. The Saranac, under instructions from the de])artment, con- veyed Mr. Chandler, the United States consul-general to Tu- nis, from Marseilles to Tunis, where he was landed on the J3th of July with the usual honors. The East India squadron consists of the sloop-of-war Mace- donian, Ca])tain Joel Abbot, the senior officer on the station; the steam-frigate Powhatan, Captain W. J. McCluney; and the sloop-of-war Vandalia, Commander John Pope. The steam-frigates Mississippi and Susquehanna, tlie sloop-of-war Plymouth, and the store-ships Southampton, Supply, and Lexington, are now on their way home — the steamers return- ing by the way of San Francisco. Commodore M. C. Perry, recently commanding this squadron, is, by permission of the department, returning to the LTnited States by the way of England. The vessels of the S(iuadr()n, owing to the civil war exist- ing in China, have hail fre(|uent calls made upon them for tlie protection of American citizens and property, and have been of great service to our countrymen in that remote re- gion. Commodore Perry, with the steam-frigate Powhatan as his THE NAVY. 91 flao;-sliip, Captain W. J. McOlnncy; tlie sloop-of-'\var IMace- donian, Captain J. Abbot; the steani-frip;ates Susquehanna, Commander F. Buchanan, and Mississippi, Commander S. 8. Lee; the sloop-of-war Vandalia, Commander John Pope; and the store-ships Southam])ton, Lieutenant Couimandinjj^ J. J. Boyle, and Lexinp;ton, Lieutenant Commanding:: J. J. Ghis- son, arrived at Yedo bay, Japan, on the 13th of February, for the purpose of fulfilling tlie plans of which he had noti- fied them the year before, and of endeavorinp; to establisli commercial relations between Japan and the United States. By indomitable perseverance and remarkable management, he succeeded finally in overcoming the obstinacy and preju- dices of the Japanese government, and induced it to enter into a treaty of amity and peace, by which two of its ports, Hakodade and Simoda, Avere opened to vessels, and ship- wrecked mariners of American vessels are guarantied to have ample protection and kind treatment on whatever part of the coasts they may be cast. The above-mentioned ports were fully surveyed by our vessels, and are represented to be very convenient and commodious. Presents were also exchanged between the Japanese government and the United States. The treaty having been concluded, it was intrusted to Commander IL A. Adams, who was directed to proceed in the Saratoga, Commander W. S. Walker, to San Francisco, and thence to Washington. On the arrival of the Saratoga at the Sandwich Islands, a more speedy conveyance offering. Commander Adams left her and reached Washington with the treaty on the 10th of July. Commodore Perry and those who accompanied him in his novel and perilous undertaking deserve well of their country. A new era seems, through their instrumentality, to be dawning upon the commerce of the world. It is difficult to calculate the wonderful results which present and future generations may experience from this promised gradual dropping off of the cruel fetters witli which ignorance has so long embarrassed commerce, and this hopeful prospect of the spread of civilization and lib- erty and good government, so cheering to the Christian states- man. The Saratoga proceeded on her way to the LTnited States, and arrived at Boston September 1, having been absent from the country for four years. I have expressed to Commander Walker and his officers, as also to the crew, my just appre- ciation of their good conduct, notwithstanding the expiration of their terms of enlistment. I regret to state that, whilst the Plymouth was engaged in surveying the Benin islands, Lieutenant John Matthews, 92 THE NAVY. with tlilrteen of the crew, when in a boat, encountered a se- vere typlioon, and were all lost. Lieutenant Matthews, had a hif^h reputation in the navy as an officer, and the men are represented to have been among the best of the crew. The vessels of the expedition for the survey and recon- noissance of Behring's straits, the North Pacific ocean, and China seas, after leaving Simon's bay, Cape of Good Hope, proceeded to Hong Kong, China; the sloop-of-war Vincennes, Comra;inder C Ringgold, and the brig Porpoise, Lieutenant Commanding A. B. Davis, by the way of Van Dieman's Land, through the Coral seas, passing the Caroline and Ladrone and Blishee islands, arriving at Hong Kong on the 17 th of March; the steamer John Hancock, Lieutenant Commanding John Rodgers, the store-ship John P. Kennedy, Lieutenant Commanding N. Collins, and the tender Fennimore Cooper, Licut-enant Commanding H. K. Stevens, by the way of the Straits of Sunda and G-aspar, the Carimataand Billeton pas- sages, and the Sotfloo sea. Their arrival at Hong Kong is re- ported by Commander Ringgold early in June. During the absence of Commodore Perry, with the greater part of the East India squadron, at Japan, the civil war ra- ging in China, and particularly in the vicinity of Canton, so alarmed American citizens holding immense property in that region, that Commander Ringgold considered it proper to suspend temporarily the special duties to which he was as- signed, and render protection to his exposed countrymen; and has tlius failed to accomplish a large portion of the surveys that had been planned for the present year. In addition to these embarrassments, Commodore Perry informs the depart- ment, under date of August 9, that, on his arrival at Hong Kong, he found the expedition laboring under serious disad- vantages, owing to the unfortunate affliction of Commander Ringgold, which has rendered it necessary, in the opinion of the medical officers, that he should return to the United States. Commodore Perry having placed in charge of the expedition an experienced officer. Lieutenant John Rodgers, the next in rank, and the plan of operations marked out by him being considered judicious, the department has directed liim to ])roceed with all despatch to its execution. The Pacific squadron, Commodore B. Dulany, consists of the flag-shi]) St. Lawrence, Commander W. W. Hunter, the slooi)S-of-war Portsmouth, Commander T. A. Dornin,and St. Mary's, Commander T. Bailey. The frigate Independence, Captain J. Tatnall, bearing the broad pennant of Commodore "W. Mervine, sailed from New York on the 9th of October, for the Pacific. Upon her arrival out, Commodore Mervine will THE NAVY. 93 take command, and Commodore Dulany will return to tlie United States in the St. Lawrence. Tlie sloop-ol-war Deca- tur, Commander I. S. Sterrett, and the steamer Massachusetts, Lieutenant Commandinf; R. W. Meade, sailed from Norfolk, respectively, the IGth of June and 5th of July, to join this squadron. By last advices, they had reached and left Rio, on their way out; hut the Massachusetts, aft^r a day's sail, encountered and suffered seriously from a violent storm, and returned to Rio for repairs. In addition to the above-enumerated vessels, there are on the Pacific coast the stationary store-ships Fredonia, Lieu- tenant J. D. Johnston, at Valparaiso, and Warren, Lieuten- ant D. McDougal, at the navy-yard at Mare island, Cali- fornia. The St. Lawrence has been cruising most of the year be- tween the ports of Payta and Callao, in Peru, and Valpa- raiso, in Chili. The Portsmouth returned from the Sand- wich islands to San Francisco on the 14th of January. The government having received sufficient intelligence to im- press it with the apprehension that an unlawful expedition had left, or was about leaving, San Francisco, for the pur- pose of taking possession of territory belonging to Mexico, instructions were sent Commander Dornin to render prompt and efficient aid in assisting to arrest and suppress any such unlawful expedition as might be set on foot within the jurisdiction of the United States, and to exercise all lawful means of preventing the violation of law and infraction of treaty stipulations. To assist him in this, he was, with your approbation, authorized, if necessary, to charter a steamer for a short time, on reasonable terms. Commander Dornin considered it necessary, and for this purpose he chartered, at San Francisco, the steamer Columbus, belong- ing to the Pacific Mail Steamship Company. With this steamer and the Portsmouth he proceeded along the coast ; and having evinced a determination to execute his orders, and unite with the civil authorities in promptly arresting and suppressing all unlawful expeditions, he unquestion- ably contributed largely to their early termination, and thus to the maintenance of friendly relations with a neigh- boring power. Some of the leaders were arrested, and many of the sick and wounded availed tliemselves of the offer of Commander Dornin to return tlieni to their homes. After he had terminated successfully his elforts in regard to the unlawful expedition against IMexico, he received in- telligence that about twenty American citizens were im- prisoned in close confinement at Mazatlan. Having inves- 94 THE NAVY. tifi:ated the matter, and concluding that their confinement was improper, he interfered, and demanded their release. They were soon discharged, hy order of the government of Mexico, and, at tlic instance of Commander Dornin, were conveyed, in the revenue cutter " W. L. Marcy," to San Francisco at their own request. The Portsmouth did good service at Acapulco, in relieving American steamers from the emharrassment of a blockade of that port. When last heard from she was at the Sandwich islands, and is now prohahly on her way to the United States, imder the order of the department. The St. Mary's, which left the United States on the 15th of October, 1853, joined the squadron at Valparaiso on the 20th of January. Complaints having been made of abu- sive conduct toM-ards our ship-masters whose business car- ried them to the Chincha islands, the St. Mary's was sent there in April. Commander Bailey found in port about one hundred and sixteen sail of vessels, two-thirds of which were American. The presence of the St. Mary's had a very beneficial effect, and the masters of the large fleet of mer- chantmen, both English and American, expressed them- selves highly gratified at the prompt and energetic action taken byCommander Bailey in regard to their complaints and grievances. Whilst there he had an opportunity to re- turn the protection which was afforded last year by Admi- ral Moseby, of the English navy, to many of our country- men, by affording assistance and ])rotection to Captain Mc- Clenan, master of the English ship Kildare, which assist- ance and protection had been refused by the Peruvian gov- ernor of the islands. The St. Mary's, after cruising on the coast soutli of Panama, and showing our flag at Iqique, Arica, and various other ports, was, on the 29th of August, (the last advices from her,) at the Sandwich islands, whither she had been sent by Commodore Dulany, under instructions from the department. The steamer Michigan, Commander J. S. Nicholas, is still in commission on our northern lakes, and, during the last season, en-gaged in her usual cruising. The steam-frigate San Jacinto, Captain Stribling, having received on board the new machinery recently constructed for her, put to sea on the 9th of August for a six months' cruise, with a view especially to testing the capacity of the maehincry, in pursuance of the terms of the contract. When last heard from she was at Southampton, and having undergone very slight lepairs, was about proceeding on her cruise. THE NAVY. 95 In addition to the employment of the vessels, officers, and men afloat, as thus recited, many of the officers and men of the navy are assigned to duty on the coast survey. Increase of the Navy. — Although Congress, at its last ses- sion, promptly responded to the recommendation for the construction of six new steam-frigates, and for completing and launching the frigates Santee and Sabine, I am very far from entertaining the opinion that the enlargement of the navy should stop here. The protection of our wide-spread commerce, the guarding of our extended coast, the preser- vation of our rank as a nation, demand that wo should not be entirely stationary, and with inactive indifference behold the progress of other powers in naval strength. And it is hardly unwise to glance at the various national naval regis- ters and compare the size of our navy, not merely with that of tJte mighty nations ivith whom toe claim equal ranJc, hut with that of other nations whom we esteem to be far, far behind ms in the race of national greatness. Even with the addition of the unfinished six steam-frigates, our naval force loill not ex- ceed fifty vessels in condition for service. Weakness invites aggression, and never inspires respect; while acknowledged strength and visible preparation command consideration, and are the true safeguards of peace. And although our mission is peace, and no warlike messengers of propagandism are to be sent forth to force republican liberty upon reluctant victims of misgovernment, it may be well to remember that, in addition to the ordinary uncertainty which ever hangs around questions of peace and war in the distant future, we have to encounter illy-disguised jealousy of our peculiar in- stitutions from those who cling with tenacity to the old sys- tem of government. Hear the language of one of your pre- decessors in a message to Congress more than a quarter of a century ago: "Unprovoked injuries are often inflicted, and even the peculiar felicity of our situation might with some be a cause for excitement and aggression. The history of the late wars in Europe furnishes a complete demonstration that no system of conduct, however correct in principle, can pro- tect neutral powers from injury from any party; that a de- fenceless position and a distinguished love of peace are the surest invitations to war ; and that there is no way to avoid it other than by being always prepared and willing, for a just cause, to meet it. If there be a people on earth whose more especial duty it is to be at all times i)repared to defend the rights with which they are blessed, and to surpass all others in sustaining the necessary burdens and in submitting to sacrifices to make such preparations, it is undoubtedly the 96 THE NAVY. people of tliese States." The well-armed and well manned sliips of our navy may be truly regarded as so many ocean sentinels stationed along the main to challenge at once any who miglit dare to seek an assault upon institutions sacred to us, but inconvenient to tliera. 'Tis true, we are at peace with the world; and so but a few months ago were the na- tions of Euro])0, and, under the benign influence of Chris- tianity and civilization, seemed hopeful of a quiet future, witli no rivalry but in arts, science, and national develop- ment. The scene is suddenly changed. War, with all its bloody calamities, is convulsing those mighty nations, and no j)rophetic statesman can foretell its extent or its termina- tion. But who are interested in the navy? It is not merely the citizen whose lot is cast along the coast, the wealthy mer- chant in our cities, the speculator in floating merchandize, but merchants,* mechanics, planters, our countrymen all along the coast, up our rivers, beyond the mountains. The agri- cultural interest is as much benefited and protected by the uavy as any other. Every planter in every section is not more truly protected by the enclosure around his farm than by our "wooden walls" which float around our coast. The States which border on the Mississippi transport on its bo- som their cotton, and grain, and sugar, and vast varieties of products, which are borne into the Gulf of Mexico. With no navy sufficient to protect it in that region, who can ap- preciate the inconvenience and embarrassment which our planting interest will experience in war? But the great cost is often suggested. That should always be vigilantly watclied by the prudent statesman ; Avho, should, however, remember that every dollar is expended among our; own people in the purchase of material and payment of laborers, and that it brings into exercise the mechanical skill of our country, promotes, and thereby perpetuates, a class in our midst e.s.seutial to our national independence. He who visits our navy yards, and lingers a moment in beholding the giant frames of the noble ships now being constructed by the ge- nius, the labor, and with the material of our own country, will find that the money expended not merely results in pre- senting a floating battery to protect our property and our flag, l)ut gladdens the hearts of hundreds of cheerful arti- sans, who pay it back into the treasury with fourfold interest. It is not wasted cai)ital; it is not like the millions annually sent aljroad to foreign capitalists to pay the debts contracted for schemes of extravagance, leaving embarrassment in its trail. I do not propose to increase the number of ojicers, nor materially to enlarge the squadrons, and thereby increase THE NAVY. 97 largely our current expenses, nor to have a navy of tlie im- mense size and expense of some of the powers of Europe. But I do propose so to increase the material of our navy as at least to approximate to a state of readiness for emergencies which wise statesmen strive to avoid, but wiser statesmen prepare to meet. It will be my pleasure to co-operate with the legislative department of government in practically car- rying out these views. For a detailed statement of the actual condition of our na- val force, I beg to refer you to the full report of the chief of the Bureau of Construction, Equipment, and Repair. In the exercise of the discretion imposed upon me by the act of Congress directing the construction of six steam fri- gates, I decided after mature consideration and inquiry, to have tliem built in the navy-yards, under the more imme- diate supervision of the department. The Government liad a fair supply of material, particularly of live oak, well sea- soned; had erected ship-houses, in which the vessels, while being built, could be protected from exposure, and the me- chanics employed could be sheltered comfortably, and able to prosecute the work in the most inclement weather. On examination, I discovered that there was neither ma- terial, building-slip, nor ship-house at Pensacola, and that the Franklin was being rebuilt, and the Santee altered and completed, at Kittery. I therefore ordered that immediate preparation be made for constructing the new frigates at the navy-yards in Boston, Brooklyn, Philadelpliia, Washington, and Norfolk. There is no difficulty in securing the services of as many skilful mechanics and laborers as are desired. The public officers at the several yards have all manifested a deep interest in despatching the work with success. Much progress has been made, and I have no doubt six first-class steamers, equal to the expectation of the country, will be completed as speedily as men and means can accoi*n[)lish the work. Not having facilities for manufacturing the steam machinery necessary, except at the Washington navy-yard, I had no alternative but to make contracts with private es- tablishments for five of the frigates. These contracts have been made with builders of established re])utation, and the contractors are busily engaged in fulfilling them. The i)lan adopted was to invite proposals, so as to call fortli the best skill of the country, and, before adoi)ting them, submit them for my guidance to a board of engineers. Bonds with ap- proved sureties have been taken for the faithful execution of the work, and two-fifths of the contract price is to be retained until the machinery has worked successfully and satisfacto- 13 98 THE NAVY. rilv at sea for six months. Before adopting anj^ of the plans pr()posed, I thou-j^ht proper, in consideration of the greater ex])erience of England and France in the application of steam machinery to men-of-war, to order the Engineer-in-chief, Martin, to visit, Europe with a view to availing himself of any improvements which may have been made. The obser- vations made during his visit, and the interesting reports pf Lieutenant Walker, who had been similarly engaged, will prove useful to the service. The Santee and Sabine frigates will be com])lcted and ready for being launched in a few- weeks. The Franklin is progressing rapidly, and it is con- fidently expected that the six steam frigates will be launched certainly by the ensuing fall, if not earlier. lleorgnnization of the Navy. — In my last annual report I ventured to express the opinion "that the present organiza- tion of the navy is not only essentially defective and unwise, but is, in its practical operation, working palpable and serious mischief to the efficiency and character of that branch of the public service," and "that a retired list on reduced pmj for the faithful who have become infirm; the discharge of the inefficient who have no claim on the bounty of their government for ser- vices rendered; promotion regulated by capacity, merit, and not by mere seniority of commission; and pay to some extent controlled by sea-service, are reforms not only demanded by the condition of the service, by considerations of justice, but absolutely necessary to the preservation of efficiency and usefulness." Efforts were made, during the last session, to accomplish many of the desired reforms. No final action was taken. Subsequent reflection and experience of nearly two years' connexion with the navy, an extended acquaintance with the officers, and an attentive observation of the practical working of the present system, have not only confirmed me in the correctness of those views, but constrain me, at the hazard of the charge of pertinacity, to renew most earnestly my previous recommendations, and to urge their considera- tion and adoption witli deep solicitude. So far as I have the authority at present, these views shall guide my action. I cannot recommend for promotion to higher rank and larger pay officers who do not merit it from incapacity, either moral or physical. I do not appreciate the justice or policy of pro- moting to a higher grade an officer who cannot perform its duties, unless in rare exceptional cases, as a complimentary reward for services rendered. It is neither more nor less than elevating the incompetent, and then ordering the un- promotod competent to do their work! Is there an alarm of laateuing upon the government an odious pension system? THE NAVY. 99 None can cherish a greater repugnance to that than myself; but none can be more fully convinced that it can he so well surrounded with safeguards, restrictions, and limitations, as to retain its virtues and reject its faults. Is the particular plan of having the aid of a board of offi- cers in ascertaining the incompetent and unworthy ohjoct'-d to ? I am not wedded to that or any other scheme, provided the main object can be attained. I should be content to have the Secretary from time to time officially report to the Pre- sident such names as he wishes should be retired or dropped ; that the President should transmit, if he thinks proper, their names to the Senate, with a recommendation suited to each case. Thus the President and the Senate, the appointing power, will be the removing power, and the apprehension of Star Chamber persecution and being victimized by secret in- quisition, now felt by some worthy officers, would be quieted. But I forbear to fatigue with details. The magic touch of reform is needed, and if skilfully applied will impart to the now drooping body of our navy a robust health and a new life. I believe that sound policy, stern justice, demand it; that true economy is not opposed to it. I shall be happy to co-operate with Congress in effecting it. I have no hesitation in saying that there are many officers now in the navy whose names do not adorn the register. There are those incapable of performing duty from age or affliction. There are also many good officers resigning from time to time, because the path of promotion is "blocked u})" by the incompetent, and the future seems to them so unprom- ising. But it is my pleasure, as well as my duty, to say that the corps is still full of chivalrous and gallant officers, who are not only ready for the post of danger, but would sustain the proud reputation of our navy, which has won so many laurels for our country, and by its brilliant victories cheeiv d the heart of many a desponding patriot. I will not, however, enlarge this report by repeating the views or reciting the various amendments and modifications of existing laws suggested in my last annual report, but con- tent myself with renewing the recommendation. Discipline of Seamen and the Enlistment of Boys as Appren- tices. — While the just and liberal action of Congress during the last session, authorizing an increase of pay of seamen corresponding to the compensation in the merchant service, has done much to encourage enlistments, and was received with grateful joy by many a veteran tar, much remains yet to be accomplished to give proper shape, vigor, character, and success to the system of discipline in this important — 100 THE NAVY. indeed vital — part of the public service. Language cannot describe, the mind can scarcely grasp, how much of happiness and wretchedness hang around the fidelity, the discipline, of the neglected sailor. Property, life, victory, defeat, national honor and renown, have much to do with the character and cheerful obedience and home-love of seamen. I am very fiir from recommending the restoration of pun- ishment by flogging. In my opinion, the experience of the navy, at least, justifies its abrogation. The sloop-of-M'ar Saratoga, Conmuinder Walker, constituted a part of the squadron to Japan, left the United States in September, 1850, and returned in the same month of the present year, after cruising for four years beneath tropical suns and amid un- congenial people, thousands of miles from home. The term of the crew's enlistment expired Avhile they were far in the east. They were informed while abroad that punishment by flogging was abolished. I allude to this case especially, as I think the test Avas a severe one. Yet, on their arrival at Boston, the most flattering reports reach me of the good conduct and discipline of the crew. I deemed it proper, also, to address an inquiry on the subject to Commander Walker. He resi)onds thus: "In regard to the first question, whether it is desirable to restore corporeal punishment, I re})ly that, from experience as well as conviction, I do not believe it would be desirable, or for the interest of the service." And yet he and every officer concur in the necessity of prescribing and legalizing some substitute, accompanied, however, with a plan o{ reward as well as punishment ; punishment jjrompt, sure, in order to restrain the offender and deter the incon- siderate; reward equally sure and generous, to encourage fidelity and promote respectability. It is not the severity, but the certainty iw\i{ promptness of punishment, Avhich pro- motes discipline. The sailor who now commits an ofience aboard shij) remote from home and the flag-ship, knows that he cannot be tried, possibly for months, until the vessel ar- rives in j)ort or falls in with the commodore of the squadron. I consider it all-important that the commander of any vessel should be authorized by law to order a summary court-martial for the trial of the petty officers and those below them; that they should have the power to punish by dishonorable discharge in any port; by confinement on reduced rations and witbout pay, with extra labor and de- nial of shore privilege. When the seaman knows that these puni.shnients can be promptly inflicted by the officers in command of the ship, he has much to deter him from dis- obedience. THE NAVY. 101 But, in order successfully to invite diligent and cntcr- prizing men, they must know that tlieir integrity Avill be commended, and their faithfulness remembered. ^ An hon- orable discharge, leave-of-absence pay, shore privilege, and the confidence of the officers, will animate and encoura.L^c them. I ho])e I may be excused for repeating that "I docra it indisiiensalde that some plan be adopted by which onr seamen shall become more distincthj and pcrmanendy a 2^art of the navy, and attached to the service. Whenever a ship- of-war now returns from her three years' cruise, the officers are detached, and granted a leave of absence for three months, with leave-of-absence pay, but the seamen are peremptorily discharf/ed — disconnected from the service. If they have been meritorious, I propose that on their return they be granted an 'honorable discharge,' (to be considered a leave of absence on pay,) if witliin a certain time they choose to re-enlist in the service. This would possess a two-fold virtue of ftiir and generous treatment at parting, an invitation to continue a member of a fomily caring for them during a temporary absence." I wish to raise the standard of character among seamen. It is my design, also, immediately to adopt, in a modified form, the "Apprentice System," and encourage the enlist- ment of American boys from fourteen until they are twenty- one' years of age. The object in view will be to train them up at first on our large receiving ships, and transfer a cer- tain number to each vessel starting on a cruise, to make them practical seamen, to teach them in their youth to be- come familiar with all the duties of a sailor, the require- ments of the service, the sacredness of obedience to orders; to watch over their proper moral and mental training, and thus incorporate into the service gradually, but surely, a body of seamen to be proud of in times of peace, to be re- lied upon in times of danger. I am also very clearly of opinion that the number of men in the service should be in- creased at least twenty-five hundred. Marine Corps. — The marine corps constitutes a most in- teresting, important, and useful portion of the naval force. Their service is equally cftective on land and on sea. They arc an armed and disciplined police on ship-i)oard. "Well trained and drilled before being detailed for duty at sea, aware of the foct that they are set apart to sustain the officers in command in the preservation of order and tlie t;uppression of mutiny, the first symptom of insubordination finds them ready, with strong hand and burnished arms, at the drum- tap, to put down disorder or disobedience. 102 THE NAVY. Recent occurrences at sea, painfully fresh in tlie recol- lection of all, imiu-ess the mind most vividly of the practi- cal value of such a body of men on ship-board in moments of peril and alarm, when mere panic and disorder are so often unnecessarily fruitful of desolation and death. But on laud also their services have ever been found efficient, either in the navy yards or on shore far from their country. This corps accompany our men-of-war in all their cruises in times of peace and war, and have signalized their valor in many a field. Their number now is entirely too small, and I earnestly recommend an increase, by which more time would be al- lowed for their proper discipline and drilling before they are ordered to sea, and their efficiency rendered still more re- liable. I am satisfied also that the corps could be improved and elevated in character by adopting some system of ap- pointing officers of military education and training. Yards and Docks. — We have now eight navy-yards, inclu- sive of the one now in rapid progress of construction at ]\Iare island, California. To keep these yards in proper con- dition for useful service, and to erect on them the necessary buildings and fixtures, occasion the expenditure, annually, of large sums of money, notwithstanding the diligence and vigilance of the chief of that bureau. Large appropriations will be from time to time required for the yard in Califor- nia, which it is presumed, Avill be a complete establishment, as it is the only one on the Pacific. The prices of labor and material and the necessaries of life in California are still far higher than on the Atlantic coast. My immediate predecessor, (Hon. John P. Kennedy,) in his last annual report, recommended the construction of a basin and railway, in connexion with the floating sectional dock in California, thus: "No appropriation was made for thle basin and railway, without Avliich the dock cannot be safely or usefully employed. I submit it to the decision of Congress whether these structures should not be made with- out delay." Congress subsequently, in the naval appropriation bill, approved March 3, 1853, adopted the following section : '' And the Secretary of the Navy is hereby directed to cumpk'te and carry into execution the verbal contract for a basin and railway in California, in connexion with the fldating dock, as made by the late Secretary, in pursuance of autliority for that purpose, given by the act of Septem- ber the twenty-eighth, one thousand eight hundred and fifty, entitled ' An act making appropriations for the naval ser- THE NAVY. 103 yice for tlie year ending the thirtieth of June, one thousand eight hundred and fifty-one,' and as stated in the letter of the said late Secretary addressed to the honorable Howell Cohh, Speaker of the House of Eepresentatives, and dated the twenty-first day of January, one thousand eight hun- dred and fifty-one, towards the execution of which one hun- dred and fifty thousand dollars is hereby appropriated: Provided, That, in the judgment of the Secretary, such basin and railway are necessary, and will be useful to the public service." In my last annual report, I informed you that I liad given the subject much investigation ; that my predilec- tions were decidedly in favor of stone docks; that Congress, however had decided that a sectional floating dock is pre- ferable in California ; that I entertained the opinion, that a basin is necessary to render it safe when a large ship is docked for repairs, which may expose it to months of dan- gerous weather, and that I should proceed to execute the contract unless Congress should otherwise direct. The difliculties about the title to IMare island were not removed until July last. Previous to making the contract, the opinion of the Attorney General was asked as to the proper construction of the law, and he advised that it was mandatory in its terms as to the amount to be paid, and the execution of the contract, if the basin and railway were de- cided to be necessary and useful to the public service. He uses the following language: "Thus far the terms of the act are, in my opinion, positively mandatory, and it only re- mains to discuss the proviso to the clause, which is : ' Pro- vided, That in the judgment of the Secretary, such basin and railway are necessary, and will be useful to the public service.' * * In all machines, great or small, parts are found which are necessary to the action, or to the safety, or to the permanent value, of the machine. That is a nie- chanical question, to be settled by the Secretary, by the aid of experts and of engineers." I deemed it my duty to procure the opinion and advice of experts, engineers, and practical men, some of whose opinions, heretofore verbally given, I have caused to be reduced to writing. I refer to a\rr. Lent- hall, naval constructor and chief of the Bureau of Construc- tion, Equipment, and Repair, and the civil engineer, Mr. Sanger, attached to the Bureau of Yards and Docks. I am not acquainted with any two gentlemen more distinguished in their respective professions, and more entitled to the con- fidence and respect of the department. It is proper that I jshould state, also, that these two gentlemen have always TD4 THE NAVY. been adverse to the construction of these floating docks ; but on the question of the necessity and usefulness to the public service of the hasin and railiuay in connexion with the sectional dock, they have expressed themselves with clearness and force, and presented •arguments and facts which, in my judgment, were convincing. Mr. Lenthail in answer to my inquiry, expresses himself thus: " In compliance with your request that I should com- municate my opinion in writing, which on several occasions has been verbally given, as to whether the basin and rail- way are desirable or necessary, in connexion with the sec- tional or floating dock, I would respectfully state that, with- out such an appendage, I would consider this floating dock, in a great measure, unsuitable for naval purposes. As a ship-builder, I could not recommend the execution of very extensive repairs, which are often necessary to ships of war, upon the uncertain foundation such a dock would present, and therefore I consider the basin necessary for its full effi- ciency. The danger to which such a floating structure would be exposed with a heavy ship upon it, probably for months, in my opinion renders this basin very desirable." The following extracts are taken from the opinion of Mr. Sanger : " In answer to the first inquiry, I have to say that in my opinion, the only feature in these works which commends them to the favorable consideration as suitable structures for naval purposes in making extensive repairs upon heavy vessels-of-war, is the connexion of the dock, basin and rail- way, so that when a vessel is put upon the dock for exten- sive repairs, and to remain a length of time, the whole structure can be floated into the basin and firmly grounded; the ship may then be taken on shore by the railway, or re- main on tlie dock, and would, in either case, rest as safely as if on a building-sli}), and would bo shored and secured in tlie same manner. I am therefore of opinion that Congress having ortlered the construction of a sectional floating dock in California, the addition of a basin and railway to operate in connexion witli that dock at Mare island becomes both necessary and useful. * * * * " These il' lilting docks often answer a good purpose for making slight repairs, such as repairing copper, cleaning bottoms, or renewing copper, Avhere the work to be per- f(jrmed requires but little time, and the ship is not weak- ened, but always in such condition that she could be let into the water at any moment without damages, should necessity require it; but for extensive repairs, where the planking is THE NAVr. 105 removed and the upper works are cut to pieces, as is fre- quently the case, I sliould consider tlieir use as very haz- ardous and unsafe; and I do not think they are ever used, or should be used, for such extensive repairs, unless in con- nexion with a basin. * * * * " I do not think that i)iers could bo constructed in such manner as to render a heavy ship-of-war upon the dock safe, when reduced to the conditions she must necessarily bo placed in to receive extensive and thorough repairs occupy- ing months, nor do I believe that any prudent naval con- structor Avould risk a national ship in such condition for a length of time upon any floating structure." I deemed it also my duty to visit the navy-yard at Phila- delphia and witness personally the operation of that dock, similar to the one in California. Notwithstanding the in- convenience and expense of dredging necessary at Philadel- phia, national vessels entering that port have been regularly repaired on the dock and in the basin with entire success since its completion. During my administration of tliis de- partment this dock and basin have been successfully used for repairing the steamers San Jacinto and Fulton, and the sloops-of-war St. Mary's, Oyane, and Jamestown. The San Jacinto was also hauled ashore on the railway, where she un- derwent several months' repairing, leaving the dock in the meantime ready for any ship that might arrive. I am not to be understood as advocating or recommending government to adopt this system in preference to stone docks. But while I am decidedly of opinion that this plan of dock is inferior to the stone dock in point of durability, safety, and because of the expense of repairing, and its requirement of a depth of water involving often the cost of dredging, I am also clearly of opinion that for naval purposes the hamn and rail- way impart to its chief value, and that without the former it would be unsafe. Congress having previously chosen to construct the sec- tional dock on the coast of California, the only one on the Pacific coast; able and scientific officers having expressed the opinion and assigned reasons in favor of the necessity and usefulness of the basin and railway in connexion with this dock; and being aware that the growth of our com- merce, and the enlargement of our squadron in the Pacific, demanded the service of the dock, I deemed it my duty "to complete and carry into execution the contract" as described in the law, for the construction of the basin and railway, to render it secure and useful for the " public service." For slight repairs these docks are used without the basin, and by U 106 THE NA\T. authority of Congress the contractors have built temporary jners, and are using tliis dock in California for such pur- })0ses. But I could not consent (except from necessity) to hazarding a national vessel on a floating structure like this for extensive repairs, Avith her planks off, in a weakened con- dition, to be exposed montht; to uncertain weather. The loss of one ship would equal the cost of the basin and railway, great as it is, and blame might then well attach to the Sec- retary who refused to protect it Avith a basin and railway, although Congress authorized him, and experts advised him of the hazard. I am thus particular on this subject because of the amount involved. The dock is completed, and will soon be thorough- ly tested. The contractors are actively engaged in building the basin and railway. I informcil you in my last report of the difficulties which had occurred 'in regard to the dock, basin, and railway at Pcnsacola. This is a balance, not a sectional, dock. When 1 came into the department I found that the contrac- tors had already been paid up for these works the entire amount agreed upon, as well as the reserved ten per cent., and that a bond in the sum of two hundred thousand dol- lars had been taken from them for the protection of the Government. The records indicate that this was done upon the certificates filed of the completion of the work, and the opinion of the Attorney General of the obligation of the Government, and not the contractors, to procure by proper dredging the depth of water necessary for the operation of the dock. A board had also been appointed, and the frigate Columbia selected to test the works, in order that the de- jKirtment miglit decide Avhether or not the stipulations en- tered into had been fulfilled. The report of the board was unfavorable, and I declined accepting the works. The con- tractors insisted that injustice had been done them in the mode of making the test, declined attempting to float the Columbia into the basin with her armament on board, pro- tested in writing against having the works rejected upon this test, and asked tliat another might be applied after they should make certain pro])Osed improvements and repairs. It lias not been convenient for the department to spare any national vessel for a second test, and I entertained the opinion that after the Government had been to the expense and in- convenience of furnishing one vessel, it became incumbent upon the contractors to demonstrate by a fair and reasonable test, at their own expense, that the works were in truth THE NAVY. 107 •worthy of acceptance, and tliat they had executed what they had undertaken. Mr. Kartt, junior naval constructor, who, until recently, was stationed at Pensacola, and was one of the committee reporting adversely, informed me, in an official communica- tion dated March 7, 1854, "that from the external apj)ear- ance of these repairs, &c., I [he] am of tlie opinion that the dock and basin is in a safe and better condition to perform the test than it was in May last; the basin required nothing to be done to it, everything being in good order;" and after enumerating the alterations and repairs, says: "I consider the repairs and alterations enumerated above of great ad- vantage, as regards the safety and efficiency of the dock." Still I declined receiving the works. Tlic contractors pro- posed several different vessels with Avhich to make tlie test, but I declined, because I did not consider either of them of sufficient weight and displacement to enable me to judge of the capacity of the dock. Having then informed them that I should deem it my duty to turn the case over to the courts of law, they finally proposed another test, which I re- ferred to the consideration of a board consisting of C\)mmo- dores Morris and McCauley, Constructor Lenthall and Civil Engineer Sanger. That board gave the whole case a thorough investigation, and, after consideration advised the depart- ment that it was proposed to take ballast in the large mer- chant ship "The Monarch of the Seas," until her weight or displacement was 2,500 tons, and then place ballast on the dock until a weight of 3,300 tons was made up, that being the estimated weight of the "Niagara," (the largest of the new frigates,) with only her steam machinery and its appur- tenances on board, thus making a weight of 315 tons more than was used in the former test. The vessel is to be placed on the dock, floated into the basin, and hauled ashore on the railway, and returned again. The board, considering the details of the proposed test and arrangements, recommend it as one that may be suffi- cient to enable the department to determine whether the works are worthy of acceptance or not. The vessel is now on her Avay to Pensacola, and the second test will be made immediately, when the department will be the better able to judge of the character of these structures. Tlie interests of the government shall be protected as fully as they can be, and every effort shall be made to ascertain tlie true facts as to the character and capability of the dock, basin and railway. In the third section of the naval appropriation act, passed at the last session of Congress, it was provided, "that all 108 THE NAVY. the grounds and appurtenances thereunto belonging, known as the Memphis navy-yard, in Shelby county, Tennessee, be, and the same is hereby, ceded to the mayor and aldermen of the city of Memphis for the use and benefit of said city, and that the Secretary of the Navy order the commandant of said navy-yard at Memphis to surrender to the mayor of ^Memphis said ])roperty." In pursuance of that provision of law, I addressed a communication to the mayor of the city of Memphis, to ascertain the views of the mayor and alder- men as to the acceptance of the donation. On receiving from them a certified copy of their proceedings, expressing their readiness to receive the property, an order was issued to the commander of the navy-yard at Memphis to surrender the grounds and ai)])urtenances to the mayor. The order was obeyed, and in due form the surrender was made, and the property is now in the possession and under the control of the corporate authorities of Memphis. It is perhaps proper that I should state that there were sundry articles of property belonging to the Government used in con- nexion Avith that yard, the sale of which the department has for the present suspended, at the request of the mayor and aldermen, on tlieir communicating to the department that they had resolved to appeal to Congress to re-establish the navy-yard. The ground and appurtenances, however, have, in pursu- ance of the law, been unconditionally surrendered, and the yard abandoned by the Government. MificeUancous. — The Naval Academy has during the past year continued to present to the country practical evidence of the wisdom and foresight of its projector. Under the vigilant superintendence of Commander Goldsborough and his wortliy assistants, the strictest discipline has been en- forced, to tlie marked benefit of this institution. The plan of e3 miles of transportation, or about 2i ])er cent., and of $134,708 cost, being about 3 per cent, Tlie increase of railroad service is 2,446,684 miles, and the expense $157,281, being 19 per cent, in transportation, and not quite 1 per cent, in cost. 112 THE POST OFFICE. 113 Tlie increased transportation by modes not specified is 377,157 miles, or about 1 per cent., at a cost of $37,520, or StVtt per cent. The transportation by coaclies is less by 439,796 milos, or about 2 per cent., though at an increased cost of $83,137, or 6-fVff per cent. The un])recedented extension of railroads superseded much coach service. The increased cost for a diminished amount of such service may be accounted for from the fact that the new contracts in New England and New York, commencing 1st July, 1853, were made at largely enhanced rates, in- creasing the aggregate expense, while the amount of service was largely reduced. The steamboat transportation during the past year was reduced 889,582 miles, or 15f per cent., at a reduced cost of $143,230, or 29tV per cent. This is accounted for by the discontinuance of service be- tween Wilmington, North Carolina, and Charleston, South Carolina, Savannah, Georgia, and Charleston, and Detroit, and Buffalo, and the suspension of service on the Arkansas and White rivers, owing to the failures of the contractors. Several steamboat routes were also dispensed with at the lettings of new contracts for New England and New York. Tlie portions of service in the foregoing estimates charge- able to California are 591,630 miles of annual transportation, costing $142,933, and varying but slightly from last year's report. Steamboat transportation 159,120 miles, at $21,000. Coach " 174,026 miles, at $35,185. Modes not specified, transportation 258,484 miles, at $86,- 748. In Oregon the service is as follows: Steamboat, 38,038 miles, at $17,000. Modes not specified, 98,988 miles, at $2,151. Total transportation 137,026 miles. Total cost $45,151. The annual transportation by steamboat was increased 10,760 miles during the year without additional pay. The following table exhibits the extension of railroad ser- vice during the year, separately, in five groups of States: Length of Miles of an- Additional route. nual trans- cost, portation. New England and New York 629 971,341 $29,488 N. Jersey, Pennsylvania, Dela- ware, Maryland, and Ohio 342 453,660 15,518 15 114 THE POST OFFICE. Virginia, North Carolina, S. Carolina, Georgia, and Flo- rida 328 235,227 $56,863 Michigan, Indiana, Illinois, andAVisconsin 605 710,952 44,214 Kentucky, Tennessee, Alaba- ma, Mississippi, and Loui- siana 121 75,504 11,234 The lettings for the year embraced the States of Alabama, Mississippi. Louisiana, Arkansas, Texas, Missouri, Kentucky, Tennessee, Iowa, Wisconsin, Michigan, Indiana, Illinois, Cali- fornia, and the Territories of Oregon, New Mexico, Utah, "Washington, and Minnesota. In some of the States and Territories I found the mail facilities greatly deficient, and not at all such as the Avants and requirements of the people absolutely demanded. After a careful survey of each State and Territory, I gave to it such additional facilities as its in- creasing trade and population seemed to require. A comparison of the service under the new contracts com- mencing 1st July last, as in operation on the 30th Septem- ber, with that under the expired contracts in the north- western and southwestern sections of the Union, shows that the annual transportation of mails has been increased 2,990,860 miles, at an increased cost of $395,373 per annum, divided among the several States and Territories, as follows: Increased miles Increased of annual trans- annual cost, portation. Michigan 146,342 $2,189 Indiana 240,255 60,425 Illinois 266,618 67,956 Wisconsin 75,537 32,320 Iowa 180,156 39,625 Missouri 23,820 11,635 Minnesota 62,960 2,002 Kentucky 269,258 Tennessee 16,285 Alabama 19,764 Mississippi 577,318 49,214 Arkansas 477,156 46,688 Louisiana 358,904 41,138 Texas 469,148 67,154 California 68,302 Utah 25,960 12,203 In Alabama the transportation has been slightly decreased, though the total cost of service is increased $19,764. THE POST OFFICE. 115 In New Mexico the same amount of transportation con- tinues under the former contracts, but at a reduced cost of $10,700. _ In California, 68,302 miles of additional transportation is obtained at a reduced annual cost of $41,804, accord int!; to the accepted bids; but, owing to tlie failure of tlie bidders on two important routes, it is expected that the actual cost of tlie service will be largely increased. The service in Oregon has been reduced by not renewing the contracts on the routes from Columbia to Cascades, Cas- cades to Wascapum, and Wasca]mm to Salt Lake. In Kentucky, 269,258 miles of additional service were ob- tained at less pay than under the former contracts. Of the 2,990,860 miles of transportation above stated, 1,292,650 miles are performed bv railroad. Oftho additional cost of ,$395,^373, $106,951 is for railroad service. The total annual transportation under the new contracts as adjusted for the quarter ending 30th September, is 29,- O4'[,0o0 miles, and the total annual cost $2,375,789, divided as follows, viz : 3,576,966 miles by railroad, at $343,118, or 9 cents and 6 mills per mile. 4,159,864 miles by steamboat, at $436,768, or 10^ cents per mile. 6,674,072 miles by coach, at $646,068, or 9 cents and 6 mills per mile. 14,636,148 miles by modes not specified, at $949,835, or 6A cents per mile. Contracts have been made to convey mails by steamboat between New Orleans, St. Francisville, and Vicksburg, at $75,000 per annum, and between Mobile and Montgon'iery, Alabama, at $35,000 per annum, which are not included in the foregoing statements. The amount of pay for service, as in operation on 30th September, between New Orleans and St. Francisville, by transient boats, is $33,680. It is proper, therefore, to add for the new regular service $41,320, which, with the $35,000 on the Alabama river route will in- crease the cost of the service for the current year $76.320 — making the whole additional cost of the new contracts $471,693. To these must also be added the cost of additional route agents, local agents, and mail messengers, appointed since 1st July, amounting to $7,988. There were in service on the 30th June last 236 route agents, at a compensation of $181,600 per annum; 21 local agents at 115,490 per annum ; and 968 mail messengers, at 116 THE POST OFFICE. $92,131 80 per annum ; making a total cost of $289,221_ 80 per annum to be added to the other cost of transportation, stated above at $4,630,676. Pursuant to the act of Congress of Sth August, 1854, I invited proposals on the 31st August for conveying mails from Cairo, Illinois, to New Orleans, and back, daily, in steamboats. Only one bid was received within tlie prescribed time, (6th November ;) and that being for $300,000, I did not feel myself at liberty to accept it. A second bid at a much more reasonable rate was received after the regular time had ex- pired. There are now no great mail lines in operation with which to connect the proposed one at Cairo. The time is, how- ever, not distant, when the necessary connexions will be effected by the completion of the Illinois Central railroad to Cairo, and of the Ohio and Mississippi road to its point of intersection from the East with the Illinois Central. I am informed that by the 1st of January the Illinois Central will be completed, and that by the 1st of July the Ohio and Mississippi road will make its eastern connexion with that road. The chain of railroads between the Atlantic at va- rious points and the Mississippi river, thus completed, will at- tract large and important mails which are now conveyed on other routes, and most materially enhance the importance of a steamboat route between Cairo and New Orleans. More- over, it is reasonable to anticipate such an increase of trade and travel in the same direction as will go very far towards sustaining a line of boats, thus reducing the cost of mail service. At present, the principal, if not the only support of the line, wouhl be from this department; and I have, therefore, deemed it my duty not to enter into a contract now, but await developments so soon to be expected, enabling me to negotiate terms much more advantageous both to the public and this department. In the mean time mails are regularly conveyed as hereto- fore, by the trip between Louisville and New Orleans, and St. Louis and New Orleans. I liavc also contracted for separate service between New Orleans and Vicksburg, Vicksburg and Napoleon and Memphis. There were in operation on the 30th September last 239 railroad routes; their aggregate length was 16,62H miles, and tlie cost of mail transportation thereon was 1 1,923,747 89. Add to this the sujns paid mail messengers, route and THE POST OFFICE. 117 local agents, and the whole cost of this service will be .$2,196,249 89. In adjusting the rate per mile to he paid these railroads great difficulties continue to exist. The principle which should regulate their pay seems to he agreed upon. Tlie companies allege that the government sliould not ask or expect them to jterform for it any service at a less rate tlian that i)aid by individuals for similar services. This i)rinciple has never been denied or disputed by the Post Office Depart- ment; but, on the contrary, it has always maintained — and this has been ever the great cause of difficulty between the department and the companies — that the government has been charged and paying much greater i)rices than those paid by individuals. Whether this by so or not, is a matter that could be easily settled by computation. And when the Post Office Committee of the House of Representatives at its last session proposed a bill fixing certain rates per mile for mail transportation on the roads, if it could have been shown to them that the rates thus fixed were too low, considering the weight of the mail, its importance, and the facilities and space given for its transportatitui, I am satisfied they would have at once increased the rates. What is re- quired is to fix fair and just prices, companies performing similar services to receive the same 2)ay, which is not now the case, and all of them to be paid according to the bulk of the mails, the speed with which they are conveyed, and the accommodations required. The sums paid by express com- panies would be a very unfair criterion by which to regulate the charges to be paid for the conveyance of the mails. Con- trolled by no competition excepting such as it is in the power of the railroad companies themselves to prevent, they can pay any prices which may be demanded of them and assess it upon their customers. It would be unjust, too, to found a calculation upon the assumption that the mail car was twenty-five feet in length, fifteen for a mail room and ten for a post office, and tlien to estimate and charge both for weight of car and mails at fourteen tons. Accommodations such as these are required both for the security of the mails and to enable route-agents properly to discharge their duties; and to this fact I early drew the attention of tlie companies; but these accommodations have not been given. Many of the railroads, desirous of properly serving the public, devote a car exclusively for mail purposes; but in the great ma- jority of cases a car is divided between the government and the express companies, or a space is apportioned off for the route-agent, the mail being placed with the baggage in one ^-:ir "T.t- J ■crTr»rii-Trvr«...;»nTnT I --_— -, - ^- — - rntf Z!^;- -L^ jtcti r^ ^s& Its: _~- sjk. *' j^* jmuzv auJoAiAUk. juLiJfe jtr ns fRnsz. X9 I as ■OTETf ^^[%f^"' - :■= las "^Bipx- _ £r T^'r :^5i^Beii. ^fcEcasi. The CHHe^neaee ias ~iesL ~"^-£r- -itf- 120 THE POST OFFICE. and, instead of a letter being mailed direct to the distribu- tion office to which it belon2;s, it would be mailed from point to point along the route until it reached its destined point. To prevent these delays, and at the same time to possess my- self of the local knoAvledge of the postmasters at the distribu- ting post offices, I caused to be forwarded to me the different 8chem<^ of distribution. Some of them I found quite per- fect, but the great majority of them were very defective, and my only surprise has been that greater delays in the delivery of letters have not taken place. I am now having prepared distribution schemes for every distributing office in the coun- try, allotting to each its proper distribution. When they are completed the postmaster at the mailing point can, by turning to his scheme and looking to the counties and towns in each State allotted to the various distributing offices, be enabled to mail direct. The department will likewise have the important matter of distribution under its exclusive con- trol, and when new mail arrangements are made, by railroad or otherwise, which would change the course of distribution, the different offices can be instructed accordingly. Much, however, remains to be done. Every distribution causes de- lay, and this must necessarily take place under our present system once or twice, which is one great cause of complaint that letters do not reach their point of destination as soon as passengers. When the letter is from one distributing office to another the mailing is direct, and if sent on its proper course there is no good reason for any delay. The mailing, indeed, should be direct from every post office in the United States to another, but this under our present system I view as impracticable. With our existing regulations, Avhich pre- scribe that every postmaster shall mail direct to the place addressed all letters for his own State or Territory, and all letters for post offices in other States and Territories which should not pass through a distributing office on their proper route to the office of delivery, rigorously enforced, and the new schemes of distribution in operation at the various dis- tributing post offices, I trust to be able to give to our mails greater speed and regularity. The Auditor reports the expenditures of the department for the last fiscal year at $8,577,424 12, for the following objects, viz: Cuui])ensation to postmasters $1,707,708 29 Extra compensation to postmasters by the act ^ of March 3, 1851 34,799 97 Ship, steamboat, and way letters, 19,549 67 THE roST OFFICE. 121 Transportation of tlie mails, including the , mails to Bremen, Havre, and Havana, and the mails across the isthmus of Panama $5,401,382 50 Wrapping paper 40,4t);i 06 Office furniture for post offices 5,021) 36 Advertising 103,863 57 Mail bags 48,861 57 Blanks.'". 78,176 81 Mail locks, keys, and stamps 10,070 77 Mail depredations and special agents 48,769 51 Clerks for offices (of postmasters) 631,138 26 Official letters received by postmasters 447 32 Postage stamps 13,664 57 Stamped envelopes 47,418 77 Postage stamps of old issue redeemed 51 65 Payments to letter carriers 135,968 52 Compilation of post routes 1,000 00 Miscellaneous payments 153,617 96 Payments for British mails 94,541 39 $8,577,424^12 The gross revenue of the last fiscal year, including foreign postages and the annual appropriations from the treasury granted by the acts of 3d March, 1847, and 3d March, 1851, in compensation of mail services rendered to the government, amounted to $6,955,586 22, viz: Letter postage $3,277,110 50 Postage stamps sold 2,146,476 02 Newspapers and pamphlets 606,148 18 Fines, other than from contractors 17 50 Emolument accounts of postmasters 81,952 46 Letter carriers 135,968 52 Recovered from failing contractors 400 00 Dead-letter money unclaimed 4,346 11 Miscellaneous receipts 3,166 93 6,255.586 22 Annual appropriations above stated 700,000 00 6,955,586 22 The revenue, as above stated, includes the balance against the department of $138,565 61, resulting from our postal ac- count with Great Britain, Prussia, and i3remen for the last fiscal year. 16 122 THE POST OFFICE. The expenditures of the department for the past year, in- cluding payments for foreign postages, were, as already stated!.... .........•: $8,577,424 12 The revenue of the year, including foreign post- ages and the appropriation for free matter, amounted to 6,955,586 22 Deficiency 1,621,837 90 To the deficiency ahove stated should be added the balances due and unpaid to the London and Bremen offices up to the 1st of July last, less the balances due by the Prussian office up to the same period, viz : Balances due the London office from April 1, 1853, to June 30, 1854. $230,259 07 Balances due and unpaid to the Bremen office to the same period 13,465 40 243,724 47 Less balances due from the Prus- sian office 1st January, 1853, to June 30, 1854 110,241 14 133,483 33 Total deficiency for 1854 1,755,321 23 The deficiency for the year ending June 30th, 1853, as sta- ted in my report of last year, was $2,117,078 20 In the year 1854 the deficiencv, as stated above, was.. ": 1,755,321 23 Difference in favor of 1854 361,756 97 One of the results of the great activity and expansion which have ])revailed in the general business operations of the country during the past year is manifest in an extraor- dinary increase of the Post Office revenue ; and that it may be seen in which branch this increase has mainly arisen, the revenue of the past and preceding year is here presented in a coin])arivtive statement from wliicli the foreign postages are excluded: Revenue of 1853. Revenue of 1854. Letter postage $2,843,965 42 $3,277,110 50 Stamps sold 1,629,262 12 2,146,476 02 Newspapers and pami)hlets... 611,333 42 606,148 18 Emolument account of post- masters 38,386 01 81,952 46 Received from letter-carriers... 113,017 73 135,968 52 THE POST OFFICE. 123 Revenue of 1853. Revenue of 1854. Miscellaneous receipts $4,760 00 $7,930 54 Annual appropriations for free matter 700,000 00 700,000 00 5,940,724 70 6,-955,586 22 Deduct the balance in each year resulting from our postal accounts with Eng- land, Prussia, and Bremen.. 94,466 27 138,928 31 5,846,258 43 6,816,657 91 5,846,258 43 Total increase of 1854 970,399 48 or 18^V(y per cent. If from tlie letter postage and stamps sold in each year tlie foreign halances be deducted, tliere will appear an increase over 1853 of 20TVir per cent.; while the revenue from newspapers and pamphlets in 1854 seems to have fallen off nearly one ])er cent. But the general account of "stamps sold" is necessarily so kept as to embrace not only tlie letter postage stamps and stamped envelopes, but also the one-cent blue stamps, which are generally used to prepay transient newspapers, printed circulars, and dropped letters, and occasionally upon domes- tic and foreign correspondence. Therefore, to arrive at a proper estimate of the revenue from printed matter, it is necessary to accord to it its due proportion of the stamps sold. If we admit 75 per cent, of the average amount of the blue stamps, sold in tlie last three years, to_ belong to the revenue from printed matter, then the condition of the revenue derived from that branch in the last four years will be shown by the following statement : Year ending Year ending Year ending Year ending June 30, 1851. June 30, 1852. June 30, 1853. June 30, 1854. Revenue as stated by the Auditor... $1,035,130 89 $789,240 30 $011,333 42 $000,148 18 Three-fourths blue ^'one issued stamps sold this year... 38,081 C4 32,858 17 53,950 01 1,035,130 89 827,328 00 044,291 59 600,008 79 As the act of the 30th August, 1852, fixing the present rates of postage on printed matter, took effect on the 1st October following, a fair com])arison can only be instituted between the revenue of the two last fiscal years, through the 124 THE POST OFFICE. whole of which the existing rates of postage prevailed. This shows that after giving to each year the liberal allow- ance of three-fourths of the one-cent stamps sold, the year ending June 30, 1854, exceeds the previous year only 2[VTf per cent. In this act there is a clause which provides that "when the postage upon any newspaper or periodical is paid quar- terly or yearly in advance," one-half only of the regular rates shall be charged. In view of the trivial increase of the post- age on printed matter, and of the extremely low rates, par- ticularly i'ov newspapers and periodicals, I would recommend that the law be so far changed as to omit the clause referred to, leaving the department to fall back upon the act of 1825, under which quarterly payments in advance on newspapers and periodicals have heretofore always been required. The propriety of this recommendation will be apparent not only for the reasons above suggested, but also from the following comparative statement of facts: Under the act in operation prior and up to July 1st, 1851, the postage, for instance, on a weekly newspaper when sent not over one hundred miles, or any distance in the State where published, was thirteen cents, and Avhen sent over one hundred miles, or out of the State where published, nineteen and a half cents a quarter. By the act of IMarch 3d, 1851, six different rates, according to distance, Avere established. Thus, on a weekly newspaper, for any distance not exceeding fifty miles, five cents a quar- ter; over fifty, and not exceeding three hundred miles, ten cents; over three hundred, and not exceeding one thousand miles, fifteen cents; over one, and not exceeding two thou- sand miles, twenty cents; over two, and not exceeding four thousand miles, twenty-five cents; over four thousand miles, thirty cents a quarter; and weekly newspapers to subscri- bers in the county where published were made free. By this act the postage, it will be perceived, for any distance not over one thousand miles, was greatly reduced ; but owing to the diversity of rates — the too great reduction for the shorter and too great increase for the longer distances — its modifi- cation was at once called for, and this resulted in the pre- sent law, by which the quarterly rate on any weekly news- paper or i)eriodical not exceeding three ounces in weight sent any distance in the United States, is only six and a half cents. On newspapers not exceeding one and a half ounce in weight, when circulated in the State where pub- lished, the quarterly rate is still one-half less, being only tliree and a quarter cents; and weekly newspapers to sub- Bcribers in the county where published go free. I cannot THE POST OFFICE. 125 avoid the conviction, that had it been clearly uiulerstood that the act of 1825 required payment quarterly in advance on rej^ular news])apers to subscribers, and that the effect of the clause in ([uestion would be to reduce the postap^e on the p^reat bidk of }>rintcMl matter to rates so exceedin<;jly low, Congress never Avould have given its sanction to the mea- sure. If my recommendation be adopted, the quarterly postage, for instance, on a weekly newspaper or periodical not exceeding one and a half ounce, circulated in the State where published, (and in the same proportion for more fre- quent publications,) will be six and a half cents; and when not over three ounces in Avcight, sent to any part of the United States thirteen cents a quarter. The newspapers to subscribers living in the county where published will con- tinue to go free. The expenditures of the current year ending June 30, 1855, owing to causes not within the control of the depart- ment, will greatly exceed those of the past year. In my report of the 1st December last, I had tlie honor to state that the commissions allowed to postmasters by the Cth section of the act to establish certain post-roads, &c., approved 3d March, 1853, had proved insufficient at several of the distributing offices to defray the expenses necessary to their efficient administration; and to remedy a state of things so injurious to tlie service, I then recommended the restoration to the Postmaster General of the discretion given him by the 6th seotion of the " Act to reduce and modify the rates of postage," approved March 3, 1851, so that he might have it in his power to allow to the postmas- ters at such distributing offices the means necessary to de- fray expenses. At the same time I took occasion to say, that while this power should be given to meet the exigen- cies of a particular class of cases, not exceeding twenty in number, there were a])undant reasons why a larger share of the postages should not be diverted from the general purposes of the department. Upon representations subse- quently made, it was deemed ex])edient to ask an enlarge- ment of the power above mentioned so far only as to em- brace a few separating offices situated at i)oints exacting great labor and affording but a nominal comi)ensation to the incumbents. Careful estimates were made by the Au- ditor of the increase of expense necessary to relieve the few distributing and separating offices which might, upon in- vestigation, appear to be justly entitled to aid from the de- partment, and the conclusion was that the whole amount could not exceed $45,000 per annum. 126 THE POST OFFICE. This sum •would certainly have been sufficient to cover all proper demands for additional aid. But the views of the department did not prevail, and Con<2;ress passed the act of June 22d, 1854, fixing an increased scale of commissions and raising the aggregate compensation of all the post- masters in the United States not less than $300,000 per an- num, thereby increasing the expenditures of the department to that amount, instead of $45,000, as had been recom- mended. Tlie expenditures of the current year for '• com- pensation to postmasters," " clerks for offices," &c., Avill be further increased by the operation of the 4th and 5th sec- tions of the act of 2ttli July, 1854, i-uaking provision for the postal service in the State of California and the Territories of Oregon and Washington. By the 5th section of the act, the Postmaster General is authorized and directed to allow in the statement of the accounts of postmasters in California and Oregon originating previous to the 30th June, 1853, " all just and reasonable expenses incurred by them in and about the business of their respective offices and the dis- charge of their official duties ; provided, that no allowance shall be made whereby the United States shall be charged with any indebtedness whatsoever." The balances due from late and present postmasters in California and the Territories of Oregon and Washington, subject to the operation of the 4th and 5th sections of the act just mentioned, amounted, on the 30th June, 1854, to |164,i44 41, of which sum it is estimated that not less than $50,000 must be cancelled under tlie provisions of the 5th section, and carried into the gen- eral accounts of the department as expenditures of the cur- rent year. In addition to the burdens thrown upon the revenue of the department by the general increase of the compensation of postmasters, and the special legislation for those in Cali- fornia, Oregon and Washington Territories, the cost of transporting the mails will be greatly increased in the pre- sent year by putting new post-routes in operation, by the enhanced prices demanded in the very large section let to contract from the 1st July last, and by important improve- ments in the grades of service generally. Whilst I shall take care that the expenditures of the de- partment are not unnecessaril)'- increased, and that it shall draw from the general treasury only as much as its absolute wants reqnire, which, I fear, it must necessarily do for some years under the present rates of postage, it would be neither wise nor exi)edient to deprive or keep from our people the mail facilities which they require. The principle adopted TUE POST OFFICE. 127 in tlie inf\incy of our republic, tliat tlie Post Office Depart- ment should sustain itself from its own revenues, was, in my opinion, most wise and salutary. A postage was then laid sufficient to meet the wants of the service, and under this system eacli citizen paid the expenses of the transpor- tation of his own letters, and others were not taxed for liis benefit, as they must be when sums have to be drawn from the general treasury to meet deficiencies in the Post Office revenues. Having thus briefly adverted to some of the causes of in- crease in the expenditures in the current year, I proceed to show what those expenditures will probably be, and what means the department will have to meet them. It is estimated that the expenditures for the year 1855, exclusive of payments for foreign postages accruing within the year, will be about $9,841,921 33, viz : The rate of cost of transportation, including foreign mails, on tlie 30th June, 1854, was...$5,517,312 00 To the cost of transportation in 1854 add the increase in the current year which will be occasioned by the enhanced prices of the new contracts commenced 1st July last in the northwestern, western, and southwestern States and Territories, including California and Oregon, by the extension and improve- ment of the service therein, and by improve- ments in other sections about 650,000 00 Total for transportation in 1855 6,167,312 00 For compensation to postmasters, clerks for offices, ship, steamboat, and way-letters, wrapping pajier, advertising, office furniture, mail bags, blanks, mail locks, keys and stamps, mail depredations and special agents, postage stamps and stamped envelopes, letter carriers and miscellaneous payments 3,541,126 00 For balances due to foreign countries up to June 30, 1854, which will be paid in 1855, amounting to 133,483 33 9,841,921 33 The means for the year 1855 will probably amount to $9,989,944 90. The balance stated by the Auditor as at the credit of the revenue account on the 30th June last was $740,078 €3 128 THE POST OFFICE. From the above balance the following deduc- tions should be made, viz: Dcmbtful and unavailable balances due by late postmasters origina- ting prior to June 30, 1854 149,438 34 California accounts, estimated at... 50,000 00 Balances due from foreign postage accounts prioT to June 30, 1854 133,483 33 332,921 67 Available for 1855 ._ 417,156 96 The gross revenue of the year, exclusive of bal- ances, resulting from the foreign postage ac- counts, is estimated at 6,728,324 00 The appropriations for free matter, less $200,- 000 drawn in 1854 500,000 00 The approi)riation to sn})ply deficiencies in the year 1855, made by the act of August 5, 1854 2,344,464 00 9,989,944 96 Estimated expenditures of 1855 9,841,921 33 Estimated surplus June 30, 1855 148,023 63 During the three years which commenced on the 1st July, 1851, and ended on the 30th June, 1854, the department is- sued 166,120,417 postage stamps, and 25,076,056 stamped envelopes, amounting in the aggregate to $5,507,022 03, of wliich ,$5,092,301 73 were sold, being about 92^ per cent, of the whole amount issued. Having ascertained that the mode of examining and check- ing the (luarterly returns of postmasters was radically de- fective, 1 took occasion to invite attention to the subject in my report of last year, and I again advert to it because sub- sequent investigation and exj)erience have convinced me that a thorough check of the accounts under the present system is wholly ini])racticable. Such a check is indispensable to the safety of the revenue, and can in no way be effected so certain- ly, at so little cost, and with so much advantage to the service, as by adopting prepayment of postage in all cases not com- ing within our postal arrangements with foreign countries. This ])lan, connected with a well-digested system for the registration of letters, to which I shall presently allude, would (juicken correspondence, while it would facilitate and exj>edite the operations of the post offices in mailing and de- livering letters, and inspire confidence in the department as a Bate means of transmiting letters containing remittances. THE POST OFFICE. 129 Very soon after I entered upon my duties in this depart- ment, its larGie and increasing correspondence in ref::ard to the loss of valuable letters intrusted to the mails attracted my attention. I found, on examination of the suhject, that altliougii Congress, in estal)lishing our ])ostal system. a]>pears to have had princijially in contemplation the providing of suitable and convenient means of correspondence and the ditlusion of intelligence, yet, from that time until now, the mails have been used, to a large and constantly increasing extent, for the transmission of bank notes and otlier valuable enclosures, and are now the ])rincipal means through whicli the remittances of the country are made; while neither the laws nor any regulations of this department have provided any additional guards for their security against loss or de- predation beyond those originally established. In view of the enormous sums which are constantly passing through the mails, the losses by depredation are inconsiderable. Still, such losses are numerous, their aggregate amount is large, and they are increasing with the growth of our country and the extension of its mail service. Under these circumstances, I have thought it proper to recommend such legislation on this subject as may enable this department to give greater security to valuable letters in the mails, without assuming any liability for their ultimate loss. By our present system, all letters mailed at a given date at one post office for deliv- ery or distribution at another, are entered in gross, according to their several rates of postage, upon one post bill. If a let- ter of great value be embraced in the bill, neither its address nor any other descriptit)n of it is entered on the post bill, by which it can be distinguished from other letters of the same grade or rate of postage. Nor is the address or descri})tion of any such letter entered on the postmaster's account of mails sent, nor indeed upon any other record kept in the of- fice from which it is sent. The only account kept by the postmaster is a money account, made up each day of the sev- eral aggregates of i)ostages of the ditferent rates, either col- lected or charged as uni)aid. It will be seen that, under such a system of accounts, a missing letter can never be traced with certainty, for the account neither furnishes evidence tliat a particular letter ever reached the place of its destina- tion, nor even that it left the office of mailing. Believing that this imperfection in our system can only be remedied by the adoption of a general and uniform plan of registration for all valuable letters, I have, alter consulting the expe- rience of other countries on the subject, devised a plan of 17 130 THE POST OFFICE. registration which I think suited to onr circumstances, and likely to add greatly to the security of the mails against de- predation. It i>rovides that receipts shall he given for valnahle letters when posted, and that duplicates of these receipts shall he kejjt for reference at the office of mailing; that the full ad- dress of such letters shall he entered on a separate post hill, which shall he copied at large upon an account to he kept of registered letters sent. This post hill is to he forwarded in a sealed envelope, separate from the package of letters to which it relates, and its receipt at the office of its destination is to be acknowledged by a duplicate thereof returned to the office of mailing — marked correct, or otherwise^ as it may be found on comparison. It provides that at the large offices valuable letters shall be received at one window only, and that tlie receiving clerk shall check them to the register clerk, and he to the mailing clerk. It is, in short, designed to fix responsibility and to furnish means which do not now exist for tracing a missing letter from the point of its recep- tion to that of its disappearance. To carry this plan into effect, it will be required that new and expensive blanks be prepared and distributed, and tliat an increased clerical force be employed in the principal post offices. I have not, there- fore, felt at liberty to adopt it without the sanction of Congress, and authority to establish such additional rate of postage on this class of letters as may be deemed adequate to the expense of registration. In Great Britain tlie "registration fee" on inland and most foreign letters is sixpence sterling (about twelve cents) in addition to tlie ordinary rates of postage, and it is expressly l)rovided tliat "such registration shall not render the Post- master General or the post office revenue in any manner lia- ble for the loss of any such post letters or the contents thereof." It is believed that authority to establish an additional rate of five cents on each letter registered, and to require the postage on all registered letters to be prepaid, would enable the department to carry into effect the plan here submitted without prejudice to its revenues. It is not proposed to make the registering of valuable let- ters compulsory, nor that the government shall become liable for such letters when lost, but only to enable each person mailing a valuable letter to do so in the ordinary manner, or to add something to its security by the payment of a small registration fee. I luivc no doubt that the registration of valuable letters as proposed, would be highly appreciated as a means of security THE POST OFFICE. 131 by the large commercial classes of the community, whose collections and exchanges are made princijjally through the mails, and who have from time to time urged in vain upon this department the adoption of some such plan for tlu-ir protection. I believe, too, that such a system of registratirm would relieve this department from tlie imputation ol nu- merous losses not properly chargeable upon it — cases in which valuable letters alleged to have been lost through the mails either never readied any post office, or have been stolon after arriving at the places of their destination. The cost of the service for the last fiscal year on the sev- eral United States mail steamship lines, and across the isth- mus of Panama, is as follows: New York to Liverpool, Collins line, twenty-six round trips... $858,000 00 New York, via Southampton, to Bremen, eleven round trips .' 183,333 20 New York, via Cowes, to Havre, eleven round trips 137,500 00 New York and New Orleans to Aspinwall, twenty-four round trips, including same number of trips between New York and New Orleans, ^;/a Havana 289,000 00 Astoria, via San Francisco, to Panama, twen- ty-four round trips 348,250 00 Charleston, via Savannah and Key West, to Havana, twenty-four round trips 50,000 00 New Orleans to Vera Cruz, twenty-four round trips, omitting Tampico 37,200 00 Aspinwall to Panama.^ 119,727 03 2,023,010 29 By the act of Congress approved the third of March, 1S47, the President was authorized to contract for the construc- tion and equipment of four first-class sea-going steamships, to be attached to the navy of the United States. It was by the second section made the duty of the Secretary of the Navy to accept on the part of the Government of the United States the proposals of E. K. Collins and his associates for the transportation of the United States mail between New York and Liverpool. The steamships to be employed were to be so constructed as to render them convertible at the least possible cost into war steamships of the first class. By the fourth section of the same act it was likewise made the duty of the Secretary of the Navy to contract with A. G. Sloo for the transportation of the mail from New York to New Or- 132 THE POST OFFICE. leans twice a month and back, touching at Charleston, if practicable. Savannah, and Havana, and from Havana to Chag-rcs, and back twice a month. The fifth section author- izedhim to enter into a contract to carry the mail from Pa- nama to Oregon once a month. The sixth section made it the duty of the Secretary of the Navy to i3rovide in the con- tracts authorized by the act that the Navy Department shall at all times exercise control over said steamships, and at any time have the right to take them for the exclusive use and service of the United States, due provision being made in the contracts for the mode of ascertaining the proper com- pensation to the contractors therefor. On the first of March, 1847, the Secretary of tlie Navy entered into a contract with E. K. Collins and his associates. The contract contains all the stipulations required by the act of Congress; the service to be performed Avas twice each month for eight months of the year, and once a month during the other four months. The sum to be paid was three hundred and eighty-five thousand dollars, or nineteen thousand two hundred and fifty dollars a trip, and the contract was to continue in force for ten years from the date of the commencement of the service. A. Gr. Sloo was contracted with by the Secretary of the Navy on the 20th of April, 1847, to perform the service mentioned in the fourth section. The service was to be twice a month; the sum to be paid two hundred and ninety thousand dol- lars, and the contract to continue in force for ten years from the commencement of the service. This contract likewise contains all the stipulations required by the act of Congress, and was assigned by A. G. Sloo to George Law, Marshall 0. Koberts, and B. K. Mcllvain on the third of September, 1847. The contract to trans])ort the mail from Panama to Oregon was entered into Avith Arnold Han-is on the IGth of November, 1847. The service was to be once a month ; the price to be paid was one hundred and ninety-nine thousand dollars, and the contract was to continue for ten years from the first of October, 1848. All the stipulations required by the act of Congress are contained in this contract also, which was assigned on the 19th of November, 1847, to William H. AspiuAvall. On the 13th of March, 1851, the Secretary of the Navy and Postmaster General, in pursuance of a law passed on the 3d of March, 1851, entered into an additional contract with the Pacific Mail Steamship Company, acting by William H. As])iuwall, by which the service from Panama to California and (Jregon was increased to twice a month, at an increased ]>rice of one hundrc^d and forty-nine thousand two hundred and fifty dollars, making the whole cost of the service three THE POST OFFICE. 133 hundred and forty-eight thousand two Imndred and fifty dollars. The ohject of Congress in the passage of this act seems to have been to build up a naval steam marine, which mi^ht temporarily be employed for commercial purjjoses. In order to enable private individuals to build and equip these steam- ships in the mode pointed out by Congress, sums of money were advanced to them, and to sustain tliem until wanted for Government purposes, largo sums of money were paid them for conveying the mails. If in tlie progress of time it is dis- covered that these steamships are not suited for naval i)ur- poses, or that the large sums paid their owners for mail transportation have created a monopoly, checking the enerf^y and enterprize of others of our citizens, Congress, in my opinion, is called upon to terminate their contracts, if it can do so consistently with plighted iaith. By the terms of the act, and of the contracts entered into between the Navy De- partment and tliese companies in juirsuance of the act, it will be seen that Congress reserved to itself the right to purchase the steamships, and thus terminate the connexion between the companies and the Government. When they have been paid for their vessels the sums fixed by the appraisers mu- tually chosen, every thing has been done which the f;iith of the nation requires. It is of course of great importance to the commercial and other interests of the country that the mails should continue to^ be carried ; but if these contracts are to be considered with reference to the transportation of the mails, the prices paid are too high, and if continued, all competition on the part of private individuals unconnected with the govern- ment must cease. High, however, as are tlie i)rescnt prices, if the competition on the New York and California line be driven off by the aid of funds derived from the general gov- ernment, no one can foretell the prices that will have to be paid after the expiration of the present contract. If the present contractors do not wish the government to purchase their steamships, and thus to end the contracts, it will be for them to agree to a reduction of the present prices. Gov- ernment will then pay a fair remuneration for all the ser- vice which it receives, and tlie carrying and passenger trade between our Atlantic and Pacific coasts will not have be- come a monopoly. In the bids received under an advertise- ment issued to obtain information, recjuired by tlie third section of the act of 3d March, 185:}, tlie Nicaragua Com- pany proposed to carry a semi-monthly mail between New Vork and California for a sum not exceeding three hundred 134 THE POST OFFICE. thousand dollars, or six hundred thousand dollars for a weekly service, which is now required; and this, in my opinion, is the highest rate of pay which ought to he de- manded. The present semi-monthly service, including the sum of $119,727 03, paid for the isthmus transportation, will cost this year the' sum of $757,977 03. By the act of July 21, 1852,'the numher of trips on the Collins line was iocreased to twenty-six, and the i)rice raised from nineteen thousand two hundred and fifty to thirty-three thousand dollars a trip, making the yearly cost of this service eight hundred and fifty-eight thousand dollars. The section thus increasing the compensation contains a proviso reserving the power to Congress to terminate this additional allow- ance at any time after the thirty-first of December, 1854, upon giving six m.onths' notice. While I shall always take great pleasure in testifying to the faithfulness with which these contractors have performed the service, and in saying that the ships huilt under the contract reflect great credit upon American skill and enter- prize, I cannot resist coming to the conclusion that the sums now paid are too high, and tliat tlie notice should he given. Considering the size and cost of those steamships, and the speed with which the mail is carried, the sums fixed in the contract may have been too low ; but however that may be, the present rates are much too high, and such as ought not tt) be paid. For the mail service between Liverpool and the United States, the English government pay the Cunard line the sum of one hundred and seventy-three thousand three hundred and forty pounds, which computing the pound ster- ling at five dollars, will make the sum of eight hundred and sixty-six thousand seven hundred dollars. For this sum they have weekly service, the seven steamships which con- stitute the line running alternately between Liverpool and New York, and Liverjiool and Boston, and receiving sixteen thousand six hundred and eighty-six dollars a trip. It is true there is a difference in the tonnage of the Collins and Cunard lines, and that the American steamers make their voyages in a shorter time; but the difference in the tonnage and speed of the two lines does not, in my judgment, afford any valid reason why there should be so marked a disparity in the prices paid by the two governments. Th.e steamships Humboldt and Franklitt, of the New York and Havre line, have botli been wrecked during the year. The former was lost in the month of December, 1853, and the latter in July, 1854, in consequence of which the service on that line has been irregular. Temporary arrangements THE POST OFFICE. 135 have been made to supply the pLaccs of the lost steamers until suitable steamships can be built to re])lace them on the line, and such vessels are now in course of construction. Both on this and on the Bremen line, one of the montlily trips has been omitted. These irregularities materially detract from tlie efficiency of our mail service across the Atlantic. In September last, the United States Mail Steamship Com- pany having withdrawn their direct steamers between New Orleans and Aspinwall, the mails between New Orleans and the Pacific have since been conveyed, according to the ori- ginal contract, by the way of Havana. On the Pacific line, the company are permitted to omit Monterey and San Diego by their ocean steamers, and thus expedite the through mails, on condition of their supplying those offices, together Avith Santa Cruz, Santa Barbara, San Louis Obispo, (if jirac- ticable,) and San Pedro, semi-montlily by a coastwise steamer from San Francisco, in due connexion witli the through route, without change of pay. No progress has been made since my last annual report in the pending negotiations with Great Bsitain, relative to the admission of France into the arrangement as contem- plated by the provision in the 12th article of our i)ostal con- vention. This article provides that " the rate of postage to be taken by the British post office upon letters arriving in the United Kingdom from the United States, either by British or United States packets, and to be forwarded Ihrough the United Kingdom to colonics or possessions of the United Kingdom, or of the United States, or to foreign countries — and vice versa — shall be the same as tlie rate which is now or which may hereafter be taken.by the British post office upon letters to or from such colonics or possessions, or foreign countries, respectively, Aviien posted at the port of arrival or delivered at the port of departure of the jiackots conveying the mails between the United Kingdom and the United States. By this article a similar privilege is secured to Great Bri- tain in respect to letters to and from the United Kingdom, to be forwarded through the United States. But letters and newspapers passing through the United Kingdom, "to and from France" are expressly excepted from the stipulations in said article. The two contracting parties, however, agreed '•to invite France to enter into communication witii them without loss of time, in order to effect sucli arrangement for the conveyance of letters and newspapers, and closed mails through the territories of the United Kingdom, of tlie United States, and of France, resiicctively, as may be most conducive 136 THE POST OFFICE. to the interests of the three countries." The chiuse above referred to, exchidinu; the correspondence between the United States and France from the advantages of the convention, was strongly objected to by Mr. Bancroft, who negotiated the treaty on our part, and lie was induced finally to consent to it only on being assured by the British government that '■the treaty stipulations between England and France ren- dered its iiisertion necessary, as witliout it the latter power would have just cause of complaint against the former." This representation, however, appears to have been incorrect, as Mr. Lawrence, the successor of Mr. Bancroft, was subse- quently assured that "France was then ready to negotiate at once, waiving the privileges of the convention which Eng- land set up in her behalf" This government, deeming the treaty unequal in its bearing upon the interests of the two countries, particularly on account of the exceptional clause referred toj and being desirous of consummating without loss of time the triple arrangement contemplated by the 12th ar- ticle, commenced negotiations for that purpose immediately after the treaty t.'as executed; which negotiations have been continued to the present time — nearly six years — without any beneficial result. The British government has steadily de- clined to unite in effecting such arrangements as would "be most conducive to the interests of the three countries," which arrangements might have rendered the treaty more equal in its o])eration; and the original terms of the convention still remain uucliangcd. The more important parts of the cor- respondence which has passed between the two governments on this subject is contained in Executive Document No. 32, published by c»-der of the Senate at the second session of the 32d Congres^s. On the part of this Government, it is claimed that the British transit charge for the United States and French cnrrespondence, if sent in closed mails through the United Kingdom, shall not exceed twelve and a lialf cents an ounce, tliat being the price paid by Great Britain for the transit of British closed mails through the United States to and from the British American provinces. The lowest offer of the British government is that contained in Lord Pal- mer.ston's note of the Dtli May, 1851, in reply to Mr. Law- rence's communication of 18th October preceding, of oiie shilling (twenty-four cents) an ounce — a sum nearly or quite double that received by the United States for similar service. Under a partial arrangement concluded between Great Bri- tain and France in May, 1851, the mails from France for the United States have been forwarded through England as dosed mails, France agreeing to pay to Great Britain the price de- THE POST OFFICE. 137 manded — viz: a transit postage of one shilling, (twenty-four cents,) and for the Atlantic sea conveyance one shillinc; eight pence, (forty cents,) an ounce. Prior to that date, the P^ritlsh office was charging and receiving the sea postage on all cor- res})ondence between the United States and France, via Eng- land, conveyed across the Atlantic by United States steam- ers, the same as when conveyed by their own ]iackets; the result of which was, that double sea postage having to be paid on all correspondence forwarded by United States pack- ets, the great bulk of the United States and French mails, via England, was sent by the Cunard line. Since the par- tial arrangement above referred t(^ went into o2)eration, no charge has been made by Great Britain for tlie sea posta<'-e of letters conveyed by American packets ; yet under its ope- ration, the single rate of postage between "the United States and France, by United States packets, is six cents higher on each letter of the weight of one quarter ounce and under than by British packets; and, consequently much the larger part of the correspondence is still diverted to the British lines. For instance, taking the weight of the French mails received at New York by the Cunard packets to be the same Avith that received by these packets at Boston, and reckoning four letters to the ounce, the number of French letters brought by the Cunard line during the year was 237,570, while the number received by the Collins steamers, perform- ing just half as many trips, was only 41,GU8 — less than one- fifth. The present treaty in other respects gives an undue advantage to Great Britain, and operates to the serious in- jury of the United States. Under its provisions, as will be seen by a statement in Appendix A, an excels of at least $75,000 British postages has, during the last year, been col- lected by the United States for the British office over and above the whole amount of United States postages collected l)y Great Britain. This large balance of British postages has been collected at an actual expense of about $01,000 in the shape of commissions to our postmasters; and this department suffers also the additional loss by exchange, &c., necessary to place the money in possession of the British office in London, of not less than |3,500. When it is considered that all this outlay is made on our part without receiving any equivalent in return, one of the most striking inequalities of the exist- ing arrangement is pointedly exhibited. No satisfactory progress has been made since my last re- port toward eftecting a postal convention with France, nor has the contemplated arrangement with Belgium been yet consummated. 18 138 THE POST OFFICE. Some steps Lave been taken with reference to a postal convention with Mexico. A mutual exchano;e of dead let- ters has already been agreed upon and carried into effect; and I now await a project which Mexico is to propose, for a more perfect arrangement, hy which it is expected the rates of postage between the two countries will be materially reduced. Under our postal convention with Great Britain, the Phila- delphia post office, with the concurrence of that Government, has been constituted an office of exchange for United States and British mails. The articles of agreement on this sub- ject are hereto annexed. I regret to state that my proposi- tion for tlie reduction of pamphlet and magazine postage between the two countries to one cent an ounce on either side has been positively declined by the British Post Depart- ment. The combined rate is at present altogether too high, being eight cents an ounce for all works of this kind above the weiglit of two ounces. In the month of March last an arrangement was made with tlie proprietors of the Australia Pioneer Line of monthly packets to convey mails regularly between New York and Port Philip, Australia, at two cents a letter, one-half cent per newspaper, and one-quarter cent an ounce for pamphlets and magazines, and, with the view of affording to our citi- zens the cheapest practicable means of communication with that country, I have fixed the rates on all outgoing matter by that line at five cents a letter, two cents each lor news- papers, and one cent an ounce or fraction of an ounce for pamphlets and magazines, prepayment required. These rates embrace both the United States inland and sea postage. As the United States postage cannot be prepaid on incom- ing letters by this line, they are treated as ordinary ship letters. Similar arrangements have been made during the year with the proprietors of the steamers Black Warrior and Cahawba to convey mails semi-monthly between New York and Havana, and New Orleans and Havana, at two cents a letter, and also with the pi-oprietor of the steamship Jewess to convey mails once in every twenty days between New York and Nassau, New Providence, returning by way of Ha- vana, at the same rate of comi)ensation. By these agreements an ini])ortant point lias been gained in sustaining the department in the efforts which should be made in all future arrangements to keep the cost of the ocean service, if possil)le, within its receipts. To the appendix (marked A) 1 invite your particular at- tention and that of Congress. THE POST OFFICE. 139 It exhibits full statistical information on the sul)ject of the foreign mails ; embracing- the amount of postages, in- land, sea, and foreign, on mailable matter received and sent by the different mail steamshi]) lines during the year ; the amounts of letter postages on British, Prussian, Bremen and Havre mails ; the portion tliereof collected by the United States, Great Britain, Prussia and Bremen, resjtectively ; and tlie amounts of unpaid and i)aid matter received and sent by each of the lines of mail steamers. The gross and net revenues received by the department from each of the trans-atlantic mail lines are shown, and also the revenue derived from the correspondence with Great Britain, Prus- sia, and Bremen, respectively, under the existing postal ar- rangements with these countries, both including and exclu- ding the United States inland postage. It also shows the number of letters and newspapers exchanged during the year between the United States and Great Britain in British mails, between the United States and Bremen in Bremen mails, and between the United States and tlie Kingdom of Prussia in closed mails ; the number of letters {in ounces) received and sent in closed mails under each of our closed mail arrangements, and the number of letters and newspa- pers conveyed by the several home lines of ocean steamers. Other valuable statistics connected with the foreign mail service are also fully stated. The usual report of fines and deductions will be duly fur- nished for the information of Congress. These fines and deductions for the year ending the 30th June, 1854, amount to $110,486 59. The amount for the previous year was $3*7,920 31. The increased amount has been mainly caused by a more rigorous exaction than heretofore of forfeitures in- curred for del'ective service. The aggregate amount ot" fines and deductions for the last year has thus been greatly increased. I am jdeased to say that the introduction into the post offices of a better system of responsibility for mail bags has resulted in checking the waste of this species of property. The consequence has been a decrease of twenty per cent, in the number of letter mail bags procured during the year ending 30th of June last, as compared with the i>receding year; though the ordinary increase in the transportation of letters has required the use of a greater number of bags than were actually used before. My assistants and chief and other clerks have faithfully attended to all their duties during the ])ast year. JAMES CAMPBELL. To the President. YI.-THE INTERIOR. REPORT OF THE SECRETARY OF THE INTERIOR. Department of the Interior, December 4, 1854, Sir: I liave the honor to submit the usual annual report of the operations of this department. The business of the General Land Office has greatly in- creased, but has been conducted with vigor and ability. The surveys of the public lands have progressed rapidly, and the necessary preparations, so far as appropriations will permit, have been made for extending them into new Terri- tories. The quantity of land in market has been largely aug- mented, and every facility given to the hardy pioneers to se- cure eligible and permanent homes. The adoption of the graduation principle introduced into the land system a novel and important feature, and stamped it with a character almost entirely new. The labor on the part of the bureau produced by it is immense, and has in- volved the office in difficulties that cannot be easily or effec- tively surmounted without the further aid of Congress. The law may be so modified as to preserve its distinctive features, relieve its ])rovisions from the uncertainty that now attaches to them, and at the same time more efiectually accomplish the grand object to be attained. No doubt the intention was to aid and protect the actual settler, and not promote the schemes of mere s])eculators. This being assumed, the law, according to the plausible construction of the latter, will be ibund lamentably defective. It could not have been enacted to subserve their interests at the expense of those seeking permanent residences; and yet, unless it be more strictly guarded, its provisions more clearly defined, and its objects more fully declared, it is feared such will be the result. During the last fiscal year, 11,070,935 acres have been sur- veyed, and 8,190,01'7 acres brought into market. Within the same period there were sold for cash 7,035,735.07 acres. Amount received therefor, $9,285,533 58. Located with military scrip and land warrants 3,416,802.26 140 THE INTEKIOR. 141 Swamp lands, selected for States 11,033,813.58 acres. Selected on donations for roads, &c. 1,751,9G2.1"J Making a total of 23,238,313.05 acres; cxliibitin*:: an increaseof 5,952,240.07 acres over tlie previous year, of lands sold for casli ; and a sensible diniiuntion in the amount located with scrip and land warrauts, and selected for States. The quantity of land sold durin^i;- the second and third quarters of the present year Mas about 5.436,538 acres, heinoj an increase of about 3,82B,619 acres (in cash of $3,642,496 44) on that of the corresponding- quarters of the last year. This cxtraordinai-y diflerence is owing to the remarkable advance in the price of real estate over the whole country, and to the operation of the law graduating the i)rices of the public lands. The quantity of land granted to satisfy the warrants is- sued to soldiers of all the wars since 1790 amounts to 31,- 427,612 acres. To satisfy Virginia land warrants, scrip em- bracing 837,356 acres has already been issued, and the bal- ance yet required is estimated at about 200.000 acres. In my last annual report donations of public land for the construction of great leading higliAvays in the new States were recommended, for reasons therein stated. Although nothing has since transpired to change or modify the views then entertained and advanced by the department, yet it would be i'olly to attem])t to conceal the fact that, through the popularity of the scheme, the apparent prospect of being able to prostitute it to mere ])urposes of gain has induced many projects which are totally unworthy of public confi- dence. It may tlicrefore be difficult, under existing circumstances, to discriminate between those worthy of governmental aid and tliose urged for mere speculative ])urposes. But if the application proceeds from the legislature of the State in which the improvement is contemplated, and, upon a tho- rough examination and rigid scrutiny, it is found to be pro- motive of the develo])ment of the country and the enhance- ment of the value of the adjacent lands, there can be no rea- sonable objection to the grant. By confining it to the land in the vicinity of the pro- jected thoroughfare, restricting the amount at any time to be patented to the construction and completion of a given num- ber of miles of road, and throwing such guards around the grant as legislative wisdom may devise, there can be little danger of the donation being improperly used. 142 THE INTERIOR. The applications to Congress at its last session contemplated the construction of 5,056 miles of road, (exclusive of the great Pacific railroad and its branches,) and assuming six sections to each mile of road, Avould have required in round numbers twenty millions of acres. In compliance with the urgent solicitations of the repre- sentatives of the several portions of country where these contemplated improvements were to be made, large bodies of land, estimated at about thirt_y-one millions of acres, were withdrawn from market in anticipation of the grants being made; but this not having been done, the lands were restored to market immediately after the adjournment of Congress. The withdrawal of lands from market under such circum- stances, was found, on examination and reflection, obnoxious to several objections, viz: Its effects in retarding the settle- ment of the country, its questionable propriety, the difficulty in discriminating between cases in which it should be done and those in which it should not, and the injury that might be inflicted upon the section of country the proposed grant was intended to benefit, by turning the tide of emigration elsewhere. For these and many other equally obvious rea- sons, it was determined that there should hereafter be no reservations for such purposes until grants are actually made by Congress. The department would reiterate its recommendation that officer connected with the survey and sale of the public lands be prohibited, under severe penalties, from becoming pur- chasers. Such is the general rule in regard to ordinary agents and auctioneers, and it is essential that it should bo applied here. Experience shows its absolute necessity. After the passage of the act of 1850, granting the swamp and overflowed lands to the several States in which they lie, many of them were entered at the government land offices, and now the purchasers claim their patents, and are equita- bly entitled to them. It is therefore recommended that, Avith the concurrence of the respective States in Avhich the lands are situate, the patents be issued; and that where the land was sold for cash, the money l^e paid to the State in which the land lies; and where it was located with scrip or land warrants, the proper State be authorized to enter the amount of land so located from the public lands in that State subject to private entry. As the lands belonged to the respective States from the date of the act, this will be the most equita- ble and perhaps satisfactory manner of settling the difficulty. Some mode should be speedily devised to relieve the general THE INTERIOR. 143 government, the States interested, and innocent purchasers, from emharrassment. It will bo necessary again to extend the time for the com- pletion of the work of the commission to ascertain and settle the ])rivatc land claims in California. It expires on tlie 4th of March next; and if the time is extended, it is desirable that it should be done sufficiently early in the session to en- able the department to advise the commissioners to contiimc their labors. Notwithstanding the indefatigable exertions of the commissioners, their labors cannot, with a due regard to the public interests, be closed within the time allotted. The whole number of claims presented is 813. Of these, 72 Avere adjudicated by the old board, which was constituted in September, 1851, and 325 by the new board, a]-)pointed in April, 1853. Of the 397 claims thus adjudicated, 294 were confirmed for 736 square leagues of land, and 103, covering 383 square leagues, rejected. Transcripts have been forwarded to the Attorney General in 295 cases, and duplicate transcripts in 202 cases to the proper courts, as required by law. The recorded depositions of witnesses, decisions of the board, original Spanish documents, translations, and the daily proceedings of the board, cover, in all, 6,749 pages, equal to about 41,492 folios. It is estimated that there is at least as much more of this kind of clerical work to be done. I append hereto a copy of the most recent report received from the commission. Since the new classification and reorganization of the Pen- sion bureau, it has been conducted with much order and reg- ularity. There is no unnecessary delay in deciding the ap- plications presented, and every attention is given them that can be desired. The fact was before noticed, that the pension act of 3d February, 1853, did not cover the cases of widows of officers, non-commissioned officers, marines, and mariners, who served in the navy during the revolutionary war. Congress at its last session overlooked it; and as the omission was clearly accidental, it is proper it should be again presented for con- sideration. The widows of seamen who die in service in time of peace are entitled to pensions, which are Avitliludd from those of officers and soldiers of the army. Tliere is no rea- son for this distinction. It is supposed by some that a fund is raised, for the purpose, by the seamen themselves, when in service; but this is an error. Both stand upon the same footing and have like claims, the pension being a gratuity in either case. 144 THE INTERIOR. Great inequalities exist in the pension laws, and in their operation. The evil is of so absurd a character in many in- stances as to he exceedingly annoying and mortifying, as well as unjust. Of those that might be adduced, it is pre- sumed that a single one will be sufficient to attract proper attention to the subject. A seaman, a marine, and a private soldier of the army, may be engaged in the same battle, and all alike totally disabled. The seaman, by existing laws, will receive three dollars, the marine six dollars, and the sol- dier eight dollars per month. The disability and all the at- tending circumstances being the same, there should be no such gross disparity. There has been, within a few years past, a large increase in the aggregate amount of pensions paid, much of which is owing to the departure from the original design of the pen- sion policy. The intention of its first projectors was to re- lieve the wants of those who, having served their country faithfully, and hazarded their lives and fortunes for its free- dom and happiness, Avere destitute. Now it has become gen- eral, and has been more and more enlarged every year, until it has grown into a stupendous system. At an early period of our history it was considered derogatory for any one, however meritorious, to accei)t the gratuity even when tendered by the government, unless in needy or indigent circumstances. A different sentiment, however, has now obtained, and the purest, best, and most honorable of our citizens do not re- fuse it. T-liere can be no well-founded objection to this, so long as the law remains as it is. But, considering the small pittance (often, under existing laws, only one dollar and fifty cents or two dollars per month) doled out to the indigent soldier, his Avidow, or minor cliildren, it is a question worthy of con- sideration, whether humanity does not demand that the sys- tem be so modified as at least to approximate the principle established by its founders, to increase the amount bestowed upon those whose merits and circumstances entitle them to aid, and to give to them, if nothing more, such substantial relief as sound policy will permit. By adopting such plan, and cutting off all arrearages of pensions, the great evil of the system may be remedied. The Third Auditor of the Treasury executes several acts of Congress giving half-pay, for five years, to widows and orphans of officers of the army. These acts being of the same general character as others executed by the Commis- sioner of Pensions, and the same principles of construction applying to both, there is a manifest i)ropriety in conferring THE IXTEBIOR. 145 the whole power upon the Pension bureau, and therehy pre- serving uniformity in the decisions. A biennial exaininatiou of invalid pensioners, to detect fraud and prevent imposition, was recommended to the con- sideration of Congress, but not authorized. It is a remark- ably striking fact, that of the large and entire number on the invalid pension roll, Avith recently two honorable excep- tions, there appears never to have been any diminution of the disability, but frequently an increase. Besides, the Pen- sion bureau, cripi)led as it is for means, has discovered many instances in wliich palpable fraud has been perpetrated, and gross deception practised. As the imputation of guilt may fall upon the innocent as well as the guilty, it does seem proper that authority should be given the Commissioner of Pensions, on satisfactory proof of the commission of such offence, to reduce the pension where the disability has de- creased, and to strike the name of the pensioner from the list where it has ceased. The Commissioner may safely be clothed with this power; for, besides subserving the interests of the public, it will protect from unjust aspersion the honest and worthy pensioner. The department Avould again earnestly recommend a modi- fication of the act of Congress limiting to two years prose- cutions lor perjury and forgery committed in pension and laud-warrant cases. Why should the criminal escape, when the offence owing to the ingenuity of the offender, is concealed until the time for his prosecution has elapsed ? With all possible vigilance this cannot be avoided. The cunning and duplicity of the persons engaged in the commission of such oflences are wonderful; still, many have been detected through the watchfulness of the Pension bureau. Up to the 30th of Sei)tember last, thirty have been indicted; of whom eleven have been convicted, nine fled and forfeited their recogni- zances, one died, one committed suicide, two have eluded the officers, and six await trial. Others have not been i)rose- cuted, owing to the limitation referred to, and in several aggravated cases the statute has been successfully pleaded. The pertinacity and success of the Pension bureau in pursu- ing the offenders have perceptibly diminished the offence, and with enlarged power it may probably be totally checked. The limitation operates as an incentive, and is in effect a bounty to the ingenuity and cunning of the felon. By examining the reports of the able and efficient chief of the Pension bureau, the necessity of a thorough revision of the pension laws will be apparent. Justice to those entitled to pensions, as well as sound policy and true economy, de- 19 146 THE INTERIOR. niand it. With a judicious, well-arranged system, the gov- ernment could diminish the exi)enditure, give more satisfac- tion, and do a vast deal more good than is now practicable. By the act of Congress approved March 3, 1853, this de- partment was authorized to designate three clerks of the fourth class to act as disbursing clerks, and to allow each of them two hundred dollars additional for their services as such. With a view, however, to concentrate the responsibility, and the better to preserve uniformity in the disbursement of the ])ublic money, it was deemed best to employ but one dis- bursing clerk, who, with the aid of two or three assistants of lower grades, should constitute a financial division of the department, where the salaries of all the officers of the de- partment and its bureaus, and all contingent and other bills, should be paid and all requisitions drawn for the advance or payment of public money. So far the plan has worked ad- mirably well, and it cannot fail to be liighly beneficial. Prioi- to the commencement of the last fiscal year, (July 1, 1853,) no ledgers or other books had been kept in the de- partment, from which the state of its various appropriations, and the amounts in the hands of agents, could be ascertained without resort to those kept by the treasury. The proper books were therefore provided, and a system devised, to supply this important defect; and now the bal- ance to the credit of any appropriation can be readily ascer- tained, and payments or advances made as the public service requires, or the means at the command of the department will admit. The adoption of this plan has enabled the department to ascertain and correct what it conceived to be a mischievous practice, viz: the undue accumulation of public funds in the hands of ofticers who act as disbursing agents. On the 31st of March, 1845, there was in the hands of pension agents alone the sum of... .$1,011,495 79 On the 31st of March, 1846, the sum of. 681,786 84 On the 31st of March, 1849, the sum of 950,918 25 On tiie 3 1st of March, 1850, the sum of. 748,900 37 On the 31st of March, 1853, the sum of. 948,475 80 As constituting this sum in part, the agents had, under some acts, enough money to meet their estimated demands for several years, and they were required to repay it into the treasury, which has been done in the adjustment of their accounts. During the last fiscal year, advances have been made to pension agents, Avith strict reference to carefully-prepared estimates of the amounts necessary to meet probable de- THE INTERIOR. 147 maiuls upon them, and by this course the amount in their hands lias been reduced from $948,475 80 on tlic olst of March, 1853, to $3")3,801 20 on the 30th of June last. No difficulty has existed in ]irocurin<^ agents to pay ])en- Bions. On the contrary, such offices are sought after with as much eagerness as others; and from the large aniouiiTs it has been heretofore customary for tliem to have on hand, it is not doubted but that they have been fully compensated for their services. The Mexican boundary survey is presumed to have been recommenced in the field, and no doubt was entertained uf its completion, under the acconijdished officer at its head, within the time and amount estimated; but recent intrlli- gence from tlie commission has reached the department which may render a further appro])riation necessary. An appropriation of $10,000 will be required to complete the maps and drawings of the previous survey. The whole estimate for this purpose was $20,000; but as $10,000 was all that could be economically expended during the fiscal year, that sum only was asked for. The boundary line between the United States and the British provinces in the northwest, as designated in the con- vention of June, 1846, deserves attention. That part, es- pecially, Avhich separates the Territory of Washington from the British possessions, should be traced and marked. As the British government is understood to be ready to co-oper- ate, there should be no delay on our part. The Territory of Washington is in process of settlement, and difficulties have already arisen in regard to the extent of the rights of the Hudson's Bay and Puget's Sound Com- panies, and the interests of many of our citizens are being involved in the controversy. As yet, not very much value has attached to the country, and it is a question of moment whether it is not the wisest policy to settle these claims at once. They can probably be extinguished for a reasonable consideration; if so, it should be done. The Patent Office is in excellent condition; and the man- ner in which its atiairs are conducted gives universal saris- faction. Still, the character of the force, as now authorized by law, is not such as to attain the accomplishment of all that could be desired. By adopting a new arrangement, the result of urgent necessity, the Commissioner has despatched more than the usual amount of business. Instead of six principal examiners, with two assistants each, there have been practically, since the first of April last, eleven princi- 148 THE INTERIOR. pal examiners, each with one assistant. Thus, instead of the usual tedious delays, most of the work is up to date. Since the first of January last tliere liave been issued up- wards of sixteen hundred patents; and witliin the year, tlie number will probably reach nineteen hundred, Avhich will be about double the number issued during the last year. Tlie arrangement by which this result has been produced was ju- dicious, and has proved satisfactory to all parties interested. Several amendments to the patent laws were suggested last year. Those of most immediate and pressing necessity are, i)rovision for taking testiuKjny, appeals, and prescribing a new rate of fees. Many questions of great importance are frequently pending before the Patent Office, depending, for a correct decision, upon the testimony of witnesses, and there is no power provided of compelling them to give it. Nothing is more common than ibr a witness to refuse to attend an ex- amination, or to give testimony after he has attended. The law now allows any person who appeals from the de- cision of the Commissioner of Patents to select which of the three judges of the circuit court of the District he chooses before whom to bring his appeal. The chief justice of that court will probably never again be able to entertain an appeal, so that taking an ap})eal before him is tantamount to its postponement during the term of his natural life; and even after his death there may be some question whether the delay will be at an end. By such an abuse of the law a case has been suspended in this manner for nearly two years, and may be continued for an indefinite period. The rate of fees was fixed at a time when the real value of money was much greater, in ])roportion to its nominal value, than at the present time. The i)ay of the employees in the office has been much increased by Congress, and in various other ways its expenses have been largely augment- ed, whilst the fees have remained the same. In addition to this, the force of the bureau has been considerably increased in order to dis})ose of the accumulation of business. From all these causes, the inevitable consequence has been, that during the current year the expenses of the office have been continually exceeding the revenue, and such will continue to be the case until the increase of the revenue shall have been provided for. Such a re-organization of the examining corps as will place all its members on a proper footing, is a subject worthy of consideration. The assistant examiners who are perform- ing the duties of principal examiners may justly expect, at THE INTEKIOR. 149 no distant day, the compensation attached to those duties and responsibilities. The Attorney Cfeneral shonhl be clotlied witli supervisory power over the accounts of the uuirshaLs, clerks and other officers of the courts of the United States, now ])osse.ssed by this department. It is germane to tlie other powei's intrusted to him. A law department should, for many obvious reasons, he constituted. Properly organized, it would be very advan- tageous to the other dejjartments of the government, and at the same time introduce, many radical and salutary retbrms in onr judicial expenditure. The salaries of most of the judges of the district courts of the United States are inade(|uate. Their duties are arduous and important, and constantly increasing. The professional ability, knowledge, and qualities required for their faithi'ul discharge, would insure a much larger compensation at the bar. In many of the districts the clerks and marshals, wlio perlbrm comjjaratively little intellectual labor, are far better remunerated for their services. A respectable support should be given to men who cannot, on account of the positions they occupy, engage in any other profession or avocation. The preservation and perpetuity of our most valued institutions depend, to a great extent, on the purit}-, firmness, and inde- pendence of the judiciary, and these qualities should be nur- tured and encouraged. Much ambiguity exists in the act of 18.53 as to the discre- tionary power of the Secretary of the Interior over the ex- penditures of judicial officers, and for judicial purposes. In several instances judges have presented for allowance bills for law-books purchased by them, wdiich were disallowed. The district attorneys have frequently asked that offices and furniture be provided for them, which has generally been refused, the rule being to allow office acconiniodati(>us when, at particular places or in large cities, the government is compelled to make provision for the courts by renting buildings, and rooms can be spared without inconvenience, but not otherwise. h\ other cases, marshals have exceeded the limit prescribed by the statute in the purchase of furni- ture, where the assent of the Secretary of the Interior is made a condition precedent to the exi)enditure, and the de- partment has refused to allow such accounts, on the ground that the prerequisite approval had not been obtained, and it was doubted wdiether he then had the power to legalize an act manifestly illegal. In all such cases it has been contended, by intelligent and experienced jurists and lawyers, that such allowances are pi oper, and that the power has been conferred 150 THE INTERIOR. Oil the department, and they feel aggrieved that it is not ex- ercised. Xot disposed in tlie slightest degree to wrong men ■whose opinions are entitled to so mnch weight, I hope Con- gress will, in the next appropriation for the exjjenses of the United States courts, indicate their opinion on the point in issue, and relieve it of all doubt in the future. Some time after I entered upon the discharge of my duties, I observed that many inquests were held in the city by the coroner, and I'ound that the sum of ^9,800 had Avithin the last four years, been drawn from the treasury to defray the expenses. Believing these expenditures to be unauthorized by law, I sought the advice of the Attorney General, who, in an elaborate opinion, having concurred with me, all further payments were discontinued. In June, 1853, on the question being presented on appeal, I was of opinion that tlie clerk of the United States courts in this District was, by the IGTtli paragraph of the act of 1842, obliged, as other clerks, to make a report of his fees and emoluments, embracing those of the criminal court. As a contrary view had been taken by one of his predecessors, I submitted the question to the Attorney General, who, upon a tliorough examination, came to the conclusion that such was his duty. From his reports, since made, after making large allowance for expenses, his fees and emoluments in the five years ending the olst of December last were $29,986 48, being an excess of $12,486 48 over the maximum allowed by law, which will be refunded. There is not even a j^lausible pretext for his being made a solitary exception to a rule ap- l)lying to tlie clerks of all the other United States courts. By existing laws, the costs of all criminal complaints made l)efore the magistrates of this District, whether the complaint JK sustained or not, are paid by the general government. This item, for the last fiscal year, amounted to upwards of $10,500. The power should surely be conferred upon the magistrate or court to compel the complainant to i)ay the costs in all cases where the magistrate or court may deem the prosecution unfounded, frivolous, or malicious. This may be the means of preventing the institution of many prosecutions in wliich the })ublic have no interest. The judicial expenses of the United States are largely on the increase. To some extent this is natural, and many causes contribute to it; but some exist which seem to be unnecessary, and sliould therefore be removed. A pre-eminent one is be- lieved to 1)0, the great number of terras and })laces at which courts are held. Two hundred and twenty-three terms of the United States THE INTERIOR. 151 courts (exclusive of the Territories) are held in eijj^lity-eight different phices during each year. In the western district of Virginia, courts are hekl at six different ])LT,ces; in the northern district of New York, at eight; in California, at six; in Louisiana, at six; and in Florida, at five. It is well to inquire whetlier the judicial husiness transacted justifies the expense in tliese and other instances. Were there hut one or two places only, in each State, for holding the United States courts, there would he many obvious reasons in i'avor of con- structing suitable buildings at those points for their exclusive use, so as to make them entirely independent of the State, county, or other local authorities; such buildings, and every- thing connected with the federal courts, being assimilated, as nearly as practicable, to those of the State courts. The accompanying report from the First Comptroller of the Treasury contains suggestions on this and other kin- dred subjects which, emanating from such a source, deserve, and will no doubt receive, the proper consideration of Con- gress. In pursuance of the separate resolutions of the two houses of Congress passed at the last session, tlie Superintentlent of the Census has prepared, with much labor and ability, a Compendium of the Seventh Census ; and the required number of copies is ready for delivery. This has nearly exhausted the appropriation for census purposes, a small amount only remaining unexpended. The matters to whicli his attention was directed being completed, the Su})erintcnd- ent has tendered his resignation to take effect in the course of the present month, and the office has been discontinued. Many public improvements are required in the District of Columbia, which can be constructed at this time without the expenditure being seriously felt by the treasury. In such a city, certain objects of magnitude are to be accom- plished, which are beyond the reach of the citizens ah>ne. xSothing can be lost by exhibiting a generous s})irit of lib- erality, the more especially where important interests of the government are thereb}' promoted. The erection of fire-proof buildings is absolutely neces- sary for the safety and security as well as the convenience and accommodation of the State, War, Navy, and Interior Departments. No city can be more exi)osetl than this to fire, and none are in possession of fewer means to extin- guish it. When there is such a surplus lying dormant in the treasury, what good reason can be assigned for perniit- ting millions of public property to be constantly exposed to imminent danger vithout an efibrt to protect it? The 152 THE INTERIOK. rents paid for additional buildings, although large, are tri- fling in comparison with the irreparable loss that would accrue from the occurrence of such a calamity. If the money is not thus expended, may it not be applied to pur- poses of less importance to the American people ? The appro])riations made for the present fiscal year for improving and ornamenting the public grounds were too small and too limited. With a A^iew to the comfort, health, and beauty of the city, tlie admirable i)lan of Mr. Downing sliould be rapidly pressed to completion. It is impractica- ble to prosecute it vigorously without additional means. If liberal appropriations were made, as well as provision for the en)j)loynient of a skilful and intelligent landscape gardener, all tlie ])ublic grounds might soon be made to assume a beautiful ajtpearance. The portions cultivated and improved are certainly very creditable to the action and taste of Congress ; but the remainder, in their present con- dition, are not only offensive to the eye, but well calculated to generate disease in the city. The force employed upon the public grounds should be differently organized and arranged. There should be a controlling spirit at the head, who would direct and dis- tribute the subordinates and laborers; and the salaries of the officers, instead of being paid at the discretion of the de])artment, should be fixed by law. The lots in the city belonging to the general government are now sold by the Commissioner of Public Buildings, and the ])roceeds expended for the improvement of the streets, nothing going into the treasury. The propriety is sug- gested of selecting such as may be necessary for the public use, and turning over the balance to the city authorities, to be exclusively devoted by them to the purposes of education. This would relieve the department from all embarrassment in connexion with tliem, prevent private individuals from obtaining them on ex parte statements for a mere trifle, and would benefit a most worthy class of 2)eople. Under the appropriation of fifteen thousand dollars for completing the Little Falls bridge, a contract has been en- tered into for erecting on the stone abutment and piers al- ready built two spans of wooden bridge, in length three hundred and twenty feet. The i)lan adopted is known as '•Howe's Truss," combined with arches, and the structure is to be capable of sustaining a test-weight or load of one ton for every foot in length. To make it available for travel, an inclined timber roadway will be constructed, to lead from the rivcr-bottomj which is dry at low water, up to the roadway THE INTERIOR. 153 of the bridge. This jiart is liable to be carried away by the spring freshets, but can be re[)laced at a comparatively Binall cost. The whole will be completed by the 15th inst. To finish the bridge as originally pi'oposed, would, accordin" to the estimate of the engineer in charge, cost seventy-live tliousand dollars more. If a])prupriated, the departnient will endeavor to cx2)end it judiciously and with frugality. Tlie erection of the buikliugs for the National Hosjiital lor the insane has been prosecuted with great energy, and strictly Avith an eye to utility and economy. It was supposed that ere this it would have been ready to receive inmates ; but, on reflection, it was concluded best to defer its occu- l)ancy until the erection of permanent appendages, which otherwise must have been temporary, and, in the end, far more expensive. The present intention is, to receive the patients of the District — now under the care of the Mary- land Hospital and Mount Hope Institution at Baltimore — on the first day of January next. It is probable the jjresent edifice Avill be completely finished and in readiness for oc- cupation on the oOtli of June next. It will then accommo- date eighty-five patients, with the usual proportion of olfi- cers, attendants and servants. There are now twent}^ in- sane persons belonging to the army and navy establish- ments, and fifty-three indigent insane, in the Baltimore in- stitutions, supported by the government; and eleven are detained in the jail in this city : so that it appears there are already eighty-lour who will be entitled to the benefits of this institution according to its original design. It is con- ceived that no project can commend itself more favorably to the attention of Congress. To make it a model institu- tion of its kind should be the determined effort of the gov- ernment. This can be done, with the aid and exjjcrience of the present excellent superintendent, at a small cost, com- pared with our other public buildings and similar structures m many of the JStates. The penitentiary of the District, although conducted with care and rigitl economy, is considerably in debt. In 1846 a special appropriation of §11,949 64 was made, in addition to the annual ai)propriation lor its support, and to meet as is sui)posed, the then existing indebtedness. It proved to be insufficient, however; for, though the appro])riation for the next ensuing year was about double tlie ordinary amount provided, an indebtedness is still reported to have existed on the olst December, 1847, of $1,055 15, which continued annually to augment until the present warden took charge of the institution, on the Sth June, 1853, when it amounted 20 iS4 THE INTERIOR. to about $12,000. Collections and payments have been since made, which enabled him to reduce this indebtedness to about $7,000, which the institution has no means of paying, as no further collections can be confidently relied upon. Soon after the present wurden Avas appointed, he was instruct- ed to abandon the credit and adopt the cash system, which has thus far had a salutary effect. He is now anxious that an appropriation should be made to enable hira to pay off the indebtedness for which he is in nowise responsible. It is necessary to increase the number of guards and em- ])loyees about the penitentiary, as the duties to be discharged are entirely too onerous for those now engaged. In 1849 there were forty convicts incarcerated in it, to guard whom there were nine persons, including the messenger. In 1853 there were one hundred convicts imprisoned, and only eight per- sons to guard them. That an additional number is required admits of no doubt. In the increase of salaries to officers and clerks of the dif- ferent departments, by a late act of Congress, no notice was taken of the chief clerk of this department, whose duties are as arduous and of as important a character as those of the assistant secretaries of the other departments. These assis- tants receive each $3,000 per annum; he only $2,200. No such invidious distinction should exist between them. Justly appreciating the value of his services, I have no hesitation in recommending the increase of his compensation, and that he be made ex-officio assistant secretary in the absence of the Secretary from the department. Temporary clerks, when necessary, are employed under the act of 26th August, 1842, and paid for every day of actual service. The act of 22d April last requires their compensa- tion to conform to that of regular salaried clerks performing similar duties. A modification of these laws is suggested, so that the temporary clerks shall hereafter be paid by the folio, or piece, as in the Patent Office. This would tend to ])revent partiality, and encourage and reward the expert, in- dustrious, and experienced. Within tlie year fourteen treaties have been entered into with the Indian tribes. The most important have been con- cluded with the Omahas, Ottoes, and Missourias; Sacs and Foxes of Missouri; lowas, Kickapoos, Delawares, Shawnees, Kaskaskias and others ; Miamies, and the Menominees. Vig- orous efibrts have been made, and are still being made, to execute in good faith all the i)rovisions and stipulations to be performed on the part of the Government, and the In- dians seem desirous of strictly conforming to their respective THE INTERIOR. 155 en<2:agement.s. The appropriations to carry tliose treaties into complete effect were made at so late a period, that it was found impracticable to accomplish all that was desij:jncd. In these treaties the Government adopted a liberal poli- cy towards the Indians; and if it is pursued and prosecuted efficiently, it must lead to most beneficial consequences. The ])rincipal thin<]f to be feared is, that the poor, ip;norant, unlettered, and inexperienced Indians may be brou,t;ht into too close contact with the whites, which <;eiierally degrades them, because they seem inclined to contract their evil habits, instead of imitating their virtues. The annuities are abundantly sufficient for all legitimate purposes. A large portion of them should be devoted to the improvement of their moral condition. Ample i)rovision should be made for educational purposes. The missionary establishments among them, which have been very successl'ul in converting many to Christianity and reforming and civil- izing them, should be fostered and encouraged. There is a ])rovision in some of these treaties of grave im- portance, and requires prompt attention. One of the stipu- lations with the Delawares, as well as lowas, and the con- federate band of Kaskaskias, and others, requires that the land ceded by them (excej^t the Delaware outlet) shall, after survey, be offered at public sale, and sold to the highest bidder; and such portions as may not be sold at })ublic sale, shall be subject to entry at one dollar and twenty-five cents per acre for the term of three years; after wluch Congress may reduce the price of the residue unsold. The expense of surveying, managing, and selling the land is to be deducted from the proceeds of the sales, and the balance paid to the Indians. The Governinent is bound to preserve these lands from all such trespass and intrusion as will interfere with ixbomi fiih: compliance with this treaty stipulation. If, as is now the case, intruders occupy these lands, and more especially with a view of making permanent settlements, and effectually pre- venting the governmental authorities from executing this stipulation, they should be promptly ejected. The duty of the Government is clear, and justice to the Indians rei^uires that it should be faithfully discharged. Experience shows that much is gained by sacredly observing our jilighted faith with these poor creatures, and every principal of justice and humanity promi)ts to a strict performance of our obligations. The better to protect the interests and promote the welfare of the Indian tribes, between whom and the United States treaties exist, instructions have been given requiring the 156 THE INTERIOR. agents and sub-agents to reside within the limits of their re- spective districts, and to make, through their superintend- ents, periodical reports, in detail, of their operations. Many of the Indian tribes are doing well, and their con- dition is daily improving; wliilst others are rapidly deteriora- ting, and constantly assuming a more dissolute and degraded character. The aggregate number is fast diminishing, and some of the tribes whose numbers in former days were large, and whose prowess was great, are now nearly extinct. Not- withstanding the unremitting eflforts of the department, it seems impossible effectually to prevent the introduction of ardent spirits amongst them. The facility with which the use is acquired, and the misery and destitution which are its inevitable consequences, are matters of deep concern and regret. The abolition of the system of cash payments, which is being accomplished as rapidly as practicable, will lessen the quantity consumed, as it directly interferes with the interests of the vendors. The traders, who have on this account a most potent and controlling influence over the Indians, are generally opposed to the change in the mode of payment, and have seriously embarrassed the efforts made to effect it. The crops of many of the tribes who have been induced to till and cultivate the soil have, from the continued drought, partially tailed. As the quantity of breadstuffs and provi- sions usually produced affords, at best, but a scanty subsist- ence, their wants and necessities will be materially increased. As they may be exposed to much suffering during the coming winter, instructions have been given to reserve a portion of their annuities, to avert, as far as practicable, that calamity. Every effort M'ill be made to relieve them; and it is expected the agents will not be remiss in faithfully dis- charging the duties incumbent upon them under such peculiar circumstances. The liunter tribes have lately exhibited more than their usual boldness and desperation. The limits of their hunting grounds are being rapidly reduced, and the buffiilo and other game are fast diminishing, so that they are driven by stern necessity to theft or starvation. In consequence of this, the frontier settlements and the emigration to California and Oregon have been much exposed and harassed. The mili- itary force at the command of the War Department is small, and, although active and vigilant, has not been able to give that protection to our citizens which is so much required. Perhaps the only course that can be pursued to reclaim these THE INTERIOR. 157 tribes, and prevent their depredations upon their innocent, and in many cases defenceless victims, is, to make liberal a])])roi)riations for their colonization and civilization. Colo- nization was, many years a<:!;o, ])artially tested in California, and the recent trial, it is hoped, will ])rove successful. There is every reason to believe the i)lan a <:jood one, if those in- trusted with its execution have the ])roper aptitude and qualifications. Few possess the qualities necessary to the useful discharge of the duties of an Indian a^ent, and fewer still the properties required to carry out skilfully and suc- cessfully such a system. If this last hope fails, their extinc- tion appears to be inevitable. Such should not be tlic destiny of this unfortunate race, if it can be averted by the power of this Government. Some are impressed witli the idea that the only successful way of treating them, and preserving the relations that should exist between them and the Govern- ment is to chastise and punish them whenever they err; but, in my judgment, kind treatment in most cases will sub- serve a far better and more useful purpose, and eventually lead to more desirable results. The whites who mingle with, or live contiguous to them are not always blameless. Olten, to their mischievous conduct may be traced the most brutal and distressing depredations of these children of the forest. Kindness has operated wonderfully on some tribes, and why should it not succeed with others? Colonization might be attempted in the Territories of New Mexico, Utah, Oregon, Washington, and the country immediately east of tlie Kocky mountains. The object should be twofold, to domesticate and isolate them as much as practicable from the white set- tlements. Tiie arts of civilized life should be introduced, and, if possible, a settled form of government established among them. To effect this, large ai)pro])riations would be requisite; but how could money be expended more charitaldy or a])propriately than in this great cause of huuuuiity? I have the honor to be, very respectfuUv, vour obedient servant, R. McCLELLAND, The President. Secretary. VII. -THE PUBLIC LANDS. REPORT OF THE COMMISSIONER OF THE GENE- RAL LAND OFFICE. General Land Office, November 30, 1854. Sir : I have the honor to submit the following report of the operations of this office for the fiscal year ending June 30, 1854, and for the third quarter of the current calendar year. From the 30th September, 1853, to the 30th September, 1854, 9,384,464 acres were surveyed, chiefly in Wisconsin, Iowa, Minnesota, and Florida, and 8,190,017 acres were brought into market. This is exclusive of the surveys in California, Oregon and Washington, amounting to 1,686,471 acres, which have not yet been proclaimed for sale, for the reason tliat those in California could not be disposed of till the private claims and pre-emptions in that State had been adjusted ; and no provision Avas made by law for the ordinary sale of lands in Oregon and Washington till the last session of Congress. As soon as it can be done with a due regard to outstanding claims, these lands will be brought into market in the same manner as those east of the Rocky mountains. During the fiscal year ending the 30th June last, there were — Acres. Sold for cash 7,035,735.07 Located with military warrants 3,402,620.00 Located with other certificates 14,182.26 Making atotal of 10,452,537.33 In addition, there were reported — Under swamp-land grants 11,033,813.53 Internal im})rovements, railroads, &c 1,751,962.19 Making an aggregate of 23,238,313.05 158 THE PUBLIC LAXD?. |59 For the quarter ending September 30, 1854, tliere were — Acres. Sold for cash (part estimated) 2,894,300.00 Located with bounty-land warrant.s 388,300.00 I\[alvin^ a total of...... 3,282.0(;0.()0 Reported under swamp-land grant «.... 1,490,1)02.57 Making an aggregate of. 4,779,628.57 This shows an increase in sales for the last fiscal year over the preceding of 5,952,239.80 acres; and although the aggregate disposed of was less than that of the preceding year_ by over 2,000,000 acres, the difference was caused by the lact that the most of the grants for bounty land, swamp, railroad, &c., had previously been disposed of The sales for the third quarter of the current calendar year are more than twice as heavy as those for the corres- ponding quarter of tlie previous year, though the locations are less numerous, for similar reasons to those above given. During the year ending the 30th September last, 120,784 patents under the various laws were written, exclusive of the swamp-land grants, and 111,158 were recorded, occupy- ing 224 folio volumes ; 429 manuscript patents were also written and recorded, covering 851 pages, or nearly two folio volumes. Tr.acts. Of certificates of purchase there were posted 100,279 Declaratory statements 17 goO Land-warrant locations 50 324 Selections for internal improvements 13'473 Swamp-land selections 93 302 Equal to 281 244 The following accounts were also adjusted, to wit : Of receivers of public money 486 Of disbursing agents 402 Of refunding accounts 508 Of surveyors general and deputy surveyors 333 Of publishers of newspapers 277 Equal to 2,006 accounts, and occupying four large folio vohmics of records. 125 lists of swamp-land selections, coverin.ij; 2,920 pao-es and 4 lists of railroad selections, covering 348 pages, have been received and acted on. 160 THE PUELIC LANDS. 508 Virginia boiinty-laml claims, filed for the issue of scrip under tlic act of Augu.st 31, 1852, have been examined, of whicli 37o were allowed, 62 rejected, and 73 suspended. 4,043 pieces of scrij) were issued, amounting to 292,195 acres ; and 190 claims Avere filed, calling for 90,342 acres. 2,806 pre-emption claims under the several laws have been examined and settled, and the voluminous correspondence therewith connected promptly attended to. 26,617 letters have been received and registered, the re- gistery covering 3,659 pages, or 7 volumes of large folio re- cord ; and 24,279 letters were written, filling 15,473 jiages, or 31 volumes of record. 6,684 packages, exclusiv' e of letters, have been transmitted, and the seal of the office attached to 51,000 patents, copies, &c. It will thus be perceived, that, on an average, full one- third more business has been done in the office durinar the past year than in the preceding ; and although more assist- ance has been furnished for part of the current year than formerly, the gentlemen in the office, heads of divisions, and others, who cordially co-operated in pressing on this labor, are entitled to high commendation. The unusually large number of patents prepared, and the office business connected therewith, evince the amount of labor performed in the recorder's division. The onerous and responsible duties of the chief clerk have been faithfully and efficiently discharged, and the internal police of the office fully sustained. The principal clerk of privato land claims has also been actively employed in the difficult and complicated duties of his division, which are in a satisf ictory state of forwardness. The principal clerk of surve3^s, though in ill health, has been assiduously engaged as his strength would permit in organizing the surveying operations in the now Territories, and carrying them out in the States. The clerk in charge of the pre-emption division lias also been most indefatigably em})loyed, and, in view of the fact tliat many cases were com])licatcd and difficult, has disposed of a very large amount of business. The clerk in charge of the Virginia revolutionary claims and war of 1812 bounties, has labored indefatigably and ably in this most difficult branch of duty. The clerks in charge of the Mexican bounty-land claims, and those under the acts of 1850 and 1852, have striven earnestly and successfully to keep up the duties of their re- THE PUBLIC LANDS. 161 spective divisions, notwithstanding the great pressure of those duties. The accountants liave had the posting of the sales and locations, thougli unusually heavy, brought up as close as possilde, and the accounts of the receivers and disbursing agents, adjusted to the latest dates practicable ; and notwith- standing the large amount of money received for lands, it is confidently believed that every dollar has been or will be paid into the treasury. The duties of these divisions, though exceedingly arduous, have been zealously and faith- fully performed. Tlie clerk in charge of the swamp-land division has also been diligently employed, and has ably pressed forward the duties of it towards completion. Witli very few exceptions, the assistants in those several divisions have ably and efficiently seconded the efforts of their principals to consummate speedily and satisfactorily the duties of their respective branches. The accounts of the surveyors general, deputy surveyors, and publishers of newspapers, have been adjusted and re- ported to the latest possible dates. The following table shows the present condition of the bounty-land warrants, under the acts of 1847, 1850, and 1852, to wit : Act of 1847, Grade of warrant. Number issued. Acres embra- ced thereby. Number located. Aorcs embra- ced thereby. No. out- standing. Acres onihr.i- ccd thereby. 160 acres 40 acres 79,407 7,269 12,705,120 290,760 71,939 5,596 11,516,240 223,840 7,468 1,673 1,194,880 66,920 Total 86,076 12,995,880 77,535 11,734,080 9,141 1,261,800 Act of 1850, 160 acres 80 acres 40 acres 26,808 56,220 101,567 184,595 4,289,280 4,529,600 4,062,680 22,713 43,434 75,034 3,634,080 3,474,720 3,001,360 4,095 12,786 26,533 655.200 1,054,880 1,061,320 Total 12,881,560 141,181 10,110,160 4.3,414 2,771,400 Act of 1852. 160 acres 80 acres 40 acres 1,157 1,049 8,7.32 185,120 131,920 349,280 709 959 5,037 113,440 76,720 201,480 448 690 3,005 71,680 55.200 147,800 Total „ 11,538 666,320 6,705 391,640 4,833 274,680 SUJIMARY. Act of 1847.. Act of 1850.. Act of 1852.. 86,676 184,-595 11,538 12,995,880 12,881,560 666,320 77.535 141,181 6,705 225,421 11,734,080 10,110.100 391,040 9,141 43.414 4,833 1,261,800 2,771,400 274,680 Grand total 21 282,809 26,543,760 22,235,880 57,383 4,307,880 1G2 THE PUBLIC LANDS. It Avill thus "be perceived, that of the 26,543,760 acres embraced by the ■warrants now issued, 22,235,880 acres have been located, leavinjj:; only 4,307,880 acres to be satisfied. The followino- table exhibits the present condition of the grant of 500,000 acres made to each of the States for inter- nal improvements by the act of September 4, 1841, to wit : States. Qiinntity to Quantity selected Quantity to be Miiicli entitled. and approved. selected. Illinois 209,085.50 208,980.05 105.45 Missouri 500,000.00 500,000.00 Alabama 97,469,17 97,469.17 Mississippi 500,000.00 499,984,59 15.41 Louisiana 500.000.00 387,875.20 112,124.80 Michigan 500,000.00 498,638.54 1,361.46 Arkansas 500,000.00 499,889.03 110.97 Florida* 499.990.09 368,290.10 131,699.99 Iowa 500,000.00 500,000.00 Wisconsint 500,000.00 416,721.41 83,278.59 Total 4,306,544.76 3,977,848.09 328,696.67 This grant may be regarded as closed in all these States except Louisiana, and it is presumed that it will soon be disposed of by that State also. The grant for the central railroad from Chicago to Mo- bile, with a branch to Galena, has been adjusted and finally closed ; tluit in Missouri, from Hannibal to St. Joseph's, is also closed, except a few tracts claimed by the railroad, which have been selected by the agents of the State as swamp lands under the act of 1850, and which are in pro- cess of adjustment. The grant for the southwestern road from St. Louis, Missouri, is in process of adjustment, and will be completed as soon as practicable. Nothing has yet been done Avith the grants for roads in Arkansas, for the reason that, by the terms of the grant, the legislature of the State was authorized to have the routes of the road estab- lished, and that body did not meet since the grant was made till this fall. It is presumed that the routes of these roads will be established from surveys already made ; and when established, the grant Avill be adjusted as speedily as practicable. The grant for the Sault Ste. ]\Iarie canal, it is expected, will be finally adjusted by the commencement of the session , of Congress. ' U * Sulijeot to readjustment, owing to imperfection of plats from which selec- tions were made, t Under decision of Attorney General, July 24, 1852. THE PUBUC LANDS. ] C3 At the instance of many members of Congress, and others, about thirty-one millions of acres in several of tlie land States had been withdrawn from market in anticipation of grants for railroad and other internal improvements ; as snch grants were not made, it was deemed ex])edient to re- store these masses of lands to market, especially in view of the passage of the bill graduating the price oi' the public lands ; and this has been, except Avhere the reservation was for a fixed period, or grants have already been made. The adjustment of these grants, and the prompt discharge of the current duties of this office, have been materially in- terfered with by the delay in selecting the swamp lands. When the act of the 28th of September, 1850, was passed, granting the swamp and overflowed lands to the several States, the surveyors general were charged with the selec- tion of those lands in the States where that office still ex- isted, and where not, that duty was devolved on the regis- ters and receivers of the land.offices. The instructions required tliat the selections should be made from the field or descriptive notes of survey where the States were willing to accept that basis ; but where they were not, and claimed other lands in addition to those shown by the field or descriptive notes to be embraced by the law, that the lands so claimed should also be certified to the States on satisfactory evidence that they were of the character alleged. More than four years have elapsed and the selections are not yet completed. In the mean time numerous entries and locations were made of lands subsequently claimed by tlie States, and in many cases of this kind where these claims have been contested it has been found that the lands were not embraced by the swamp law, and consequently the sales or locations were confirmed; the claim on the jiart of the States having originated in the ignorance or carelessness of some of their agents. As the matter now stands, however, it is impossible to issue patents for sales and locations with any safety till the final returns of the swamp selections have been made and posted. The parties who claim these patents complain — and Avith good reason — of this withholding of the evidences of their titles; and the extent of the evil may be judged of from the fact, that by careful estimates it appears there are now in this office about one hundred and twenty- four thousand patents written and not transmitted. To remedy this evil I respectfully recommend that author- ity be given for the issue of these patents, and that provision be made by law that the purchase money for any such lands 164 THE PUBLIC LANDS. he paid over to the States, and that they he aiithorized to se- lect others in lieu of those located with scrip, land warrants, &-C., on due proof hy the authorized afj;ents of the States, that such lands were of the character embraced hy the swamp- land act of 1850. Further experience in examining the Virginia revolution- ary bounty-land claims filed for scrip under the act of Au- gust, 1852, has fully evinced the difficulties in arriving at a satisfactory conclusion in many of those cases. In view, how- ever, of the liberal construction given to the act of 31st Au- gust, 1852, by your decision, and the opinion of the Attorney General rendered since the recommendation in my report of last year, I am clearly of opinion that every claim can be satisfied that should be allowed, and hence that further legis- lation on this subject is unnecessary, if not inexpedient. iSTonc can entertain a higher estimate than is held by this office of the value of the services for which bounty lands were promised by Virginia in the revolutionary struggle, and hence the most liberal construction consistent with the law has been applied to claims of this character. The attention of Congress is again respectfully called to the imperfect condition of part of the records of this division. These records are the only evidence of title to numerous bodies of land in Ohio, patented prior to 1834, and it is highly important that measures should be promptly adopted for per- fecting them, as every year's delay increases the difficulty in accomplishing that object. In connexion with this subject it is suggested that a num- ber of "entries," as they are termed, of Virginia revolutionary warrants were made in the military district in Ohio for which no surveys have been executed, or patents issued, owing to the neglect of the owners, many of whom, or their heirs or assigns, now occupy those lands. The act of 20th February, 1850, expired on tlie 1st of January, 1852, and since that time no survey could be executed of any of these "entries," however meritorious. To close this whole matter, it is re- spectfully recommended that authority be given to consum- mate all cases of this character; and that the balance of the public land, amounting, it is estimated, to about 60,000 acres, be donated to the State for school purposes. This recom- mendation is made in view of the i'act that these lands are mere interstitial slips of irregular shapes, generally excluded from tlie adjoining surveys, it is believed, because they were considered of little or no value; and, further, that it would in all jirobability cost the government more to hunt up sur- veys, sell and issue patents for them, than would be realized •THE PUBLIC LANDS. 105 from the lands. It is important, however, in finally dispo- sing of these tracts, either hy the federal or State govern- ment, that provision be made giving a preference in the ])ur- chase of them to adjacent proprietors, at a given ])rice and for a fixed time. This suggestion is made to prevent con- flict of boundaries, and the litigation that will necessarily grow out of it in surveying these lands, as it will be neces- sary for this purpose to retrace old boundaries of irregular figures, the marks and monuments of many of which it is probable have been entirely effaced by time or accident. In fact it would seem to be necessary, in this case, to introduce something of the old Maryland system of surveys to take up vacancies, or re-surveys to include vacancies. In view of the increase of business consequent on the oj)e- rations of the law graduating the price of the public lands, and the decrease in the compensation of the land officers caused by that reduction, it would seem to be just that some provision be made to recompense them for their labor. The measure of compensation heretofore allowed should, there- fore, be continued — that is, one per cent, where fees are al- lowed, estimating all the lands at one dollar and twenty-five cents per acre, with the restriction that they should not ex- ceed six hundred and twenty-five dollars for any one quar- ter, nor twenty-five hundred dollars for the wliole of an official year, except where the sales exceed that amount — say to an extent that would make the per centage equal to one hundred dollars where a proportionate per centage should be allowed to compensate a clerk or clerks for the additional duty necessary to keep up the business. An allowance should also be made those officers for office rent, and they should be required to keep their offices in safe and secure buildings, so that the valuable documents in tlieir custody would be preserved against every risk of loss or destruction. As it is, these offices, containing the only reliable evidence of the foundations of title to the numerous and valuable farms all over the land States, are frequently located in frame buildings, so situated as to insure their destruction in case of fire in the vicinity, and often wholly insecure against tres- pass by the mischievous, designing, or dishonest. The cost is too slight in comparison with the risk, and it is jjrobably the only class of cases in the world where so little regard is paid to such valuable archives. As the matter now stands, every effort within the power of this office is made to obtain suitable locations, by suggestions, &c.; but if the government paid the rent, it would have the power to require that the offices should be kept in secure buildings. 166 THE PUBLIC LANDS. For donation claims in Orcc;on one hnndred and forty-two certificates were transmitted to this office for patenting, but on examination it was ascertained that most of them were hounded by lines differing from those of the public surveys, and that special plats of the locations had not been trans- mitted with them as required by instructions. Without those plats, showing their locations in connexion with the lines of the ])ublic surveys, there would have been no secu- rity that difierent patents, wdien issued, would not have in- cluded the same land, in whole or in part. The certificates for such donations Avero therefore returned, that the instruc- tions might be complied with. The others were placed in hands for patenting; and in view of the difficulty in pre- paring these patents, as special forms are required in differ- ent cases, I have devolved that duty on the principal clerk of private land claims. Tlie business of that division, which has been promptly and efficiently discharged, was already onerous, embracing the Indian grants as well as private claims; but as these donations partook in some degree of the nature of that business, this arrangement was deemed the most judicious. The surveyors general of Kansas and Nebraska, New Mexico and Washington Territories, have repaired to their respective posts, witli full instructions for their guidance and government, under tlie legislation of the last session of Con- gress; but it is not expected that reports can be received from them in time to be laid before Congress, in view of their recent appointment and the remoteness of their fields of labor. The instructions to them, moreover, required much care and consideration, and consequently some time, that they might be fully advised of their duties, and that the intention of Congress should be carried out in their legislation on this subject. As these instructions are voluminous, and will probably be interesting to those of our citizens who may wish to emigrate to either of those Territories, especially those for the examination and adjudication of private claims in New Mexico, I have appended coi)ies of them. The land officers for Wasliington and Oregon Territories authorized at the last session of Congress having been ap- p(.iinted, full instructions, with the necessary tract-books, blanks, &c., have been transmitted to their offices, that they may be able, at once, to enter on duty. Those for Kansas and Nebraska were not appointed; and as no surveys have yet been made in those Territories, they would have had nothing to do, and their appointment would therefore have involved unnecessary expense. Arrangements have been made for organizing a new land THE PUBLIC LJ^DS. 167 district in the southern part of Florida in accordance with the requirements of the act of 5th Aujinst last, which takes effect on the 5th of February next. This act, however, re- quires an amendment, Kivino; authority to tlic President to ap])oint tlie ofiiccrs, and defining their duties and responsi- hilities. All the other laws of the last session which require the action of this office — and they are nearly one-fifth of the whole number passed — have been considered and disposed of, or are in process of execution. The able and lucid reports of the surveyors general are herewith communicated, and special attention is respectfully requested to the suggestions and recommendations therein contained. The great amount of surveys executed in their several districts, and the strenuous efforts to secure accuracy in that service, evince the most untiring energy on the part of those officers. The report of the surveyor general of Michigan presents a most satisfactory statement of the operations of his district during the past year. He has successfully overcome most* of the difficulties incident to the fraudulent surveys heretofore made, and is pursuing the only plan by which the evils re- sulting therefrom can be remedied. In reference to the sur- vey of the village lots at Sault Ste. Marie, referred to by him, it is proper to state, that in attempting to protract, on a large scale, the surveys formerly made of those lots, as re- quested by this office, the surveyor general found that they would not close ; and, further, that the corners of the blocks and squares had not been properly marked. In view of the increased value of the lots in the village, it was deemed ne- cessary to have them resurveyed with care, having reference to the decisions of the land officers under the law, and the corners permanently marked and established. This has been done, and it is hoped that the whole business will be closed at an early day. It is proper to state, however, that the long delay in disposing of this matter is not attributable either to this office or the surveyor general. From the report of the surveyor general of Wiscnnsin and Iowa, whose district includes also the Territory df Min- nesota, it Avill be perceived that the emigration to tliat re- gion is so great that it is impossible for the surveys to keep pace with the settlements, notwithstanding the most judi- cious application of the means placed at his disposal, the unceasing efforts of his deputies, and a devotion to labor on the part of his clerks of about twelve hours cacli day. The surveyor general of Illinois and ]Missouri is rapidly brinoiing the labors of his office to a close, and but ibr the 168 THE PUBUC LANDS. difficnlt and complicated duties connected with the location and survey of the private claims in his district, would soon have them completed. The granting of the request made hy him for the appropriation of a small sum for the pur- chase of law books for the use of his office is earnestly re- commended as indispensably necessary to enable him under- standingly to adjudicate the intricate and important ques- tions arising in the discharge of his duties. The surveyor general of Arkansas, it will be perceived, is only prevented from closing the business of his district by the discovery of frauds in surveying executed many years ago, which require correction or the resurvey of considerable tracts of land. The prevalence of sickness in Louisiana during the past season has materially interfered with the field operations in that State; notwithstanding which, very satisfactory pro- gress has been made in the difficult and complicated duties of the district, including the adjustment of the swamp-land grant, Avhich has been nearly completed. In Florida the surveys have been closed on the line be- tween that State and Alabama, and arrangements are being made for extending the surveys over the neutral ground sur- rounding the reservation heretofore made for the Seminoles, and also over part of that reservation, including the lands adjacent to Kissimie river and Lake Akechobee, which are represented as among the finest in Florida. It will be remembered that the appropriations for survey- ing the keys on the coast of Florida, and the islands off the coast of California have been placed under the direction of the superintendent of the Coast Survey. By this judicious management but little expense is incurred beyond that re- quired for the coast survey purposes; whereas, if these islands and keys were surveyed in the usual manner, in con- nexion with the ordinary land surveys, the expense would be very heavy. Whenever practicable, the coast survey has surveved the necessary boundaries to divide these keys and islands into tracts of suitable size for sale; and where from the nature of the ground this could not be done, posts or corners have been established which can easily be connected by straight lines, so as to produce this result. " Plats on this work, covering a very considerable portion of it, and of a character highly satisfactory, have already been ])laced at the disposal of this office, and others are ex- pected at an early day. Advices have also been received that the work on the "coast of California is progressing as rapidly as possible. THE PUBLIC LANDS. 169 Special attention is requested to the report of the surveyor general of California, and it is earnestly suggested tluit the most stringent means be adopted to prevent the outra"-es mentioned by him. Iftlic surveyor general cannot l)e sus- tained in the discharge of liis duties, or the marks and monuments of the United States surveys can be obliterated with impunity, the extension of the system over tlie regions of country where such offences are committed is worse than useless. The report of the surveyor general of Oregon has not yet been received, but is expected in time to be laid before Con- gress early in the session. At tlie last session of Congress action was had on several subjects that had been brought to the attention of tliat body, but there are others which require action, and Avliicli I beg leave to present for consideration. The necessity has heretofore been presented of authorizing the department under the direction of the President, to re- store to market lands whicli had been reserved, but wliich were no longer required for the purposes for which they were thus set apart. Numerous, and in some instances, large bodies of land are kept out of market for want of such au- thority, the settlement of tlieir localities materially hin- dered, and special legislation frequently invoked on the subject. The authority now asked would enable the de- partment to dispose of the unimi)roved lands in such reser- vations, under the general laws, and, where improvements had been made at the expense of the government, so to ave- rage the sale as to reimburse such expense. The law of April 20, 1854, organizing the new land dis- trict of Cheboygan, in Michigan, having no date, took ef- fect from its passage ; and as the land officers for the old districts out of which it was formed could not be immedi- ately apprized of the change, a number of sales were made in those districts of land which by the act had been trans- ferred to the Cheboygan district. As these sales are illegal under the decision of the Supreme Court in the case of Matthews vs. Zane, the land officers of the Cheboygan dis- trict have been instructed to reserve the lands so entered till Congress can confirm these sales ; and it is respectfully recommended that an act be passed to that effect, with a pro- vision that in all cases hereafter, where laws of this charac- ter are passed without date, they shall take effect six months after their approval. This will give full time to organize the new districts and prevent the confusion and risk of error consequent on hasty action. 22 170 THE PUBLIC LANDS. Under a misapprehension of the provisions of the relief laws, passed for winding up the old credit system, sales were closed many years ago which were not embraced by these i)rovisions, and patents were issued on them. In other cases illegal subdivisions have been made by the land officers, and those subdivisions sold. To remedy these evils, I respectfully suggest that an act be passed making these patents and sales valid. The muniments of titles under the credit system, as^ here- tofore rei)orted, are subject to loss, and are rapidly going to decay. 13 ut few are now living who understand the opera- tions of that system, and hence, in addition to the risk of the loss or destruction of those papers, the holders of titles of which they are the original evidence, may be subject hereafter to inconvenience or actual loss from information derived from those who are not familiar with the details of the system. To obviate all difficulties on the subject, I re- spectlul.ly recommend that autliority be given for recording all these documents, with proper notes showing the entire deraignment of titles in each case. The work would be la- borious and expensive, but little in comparison to the good that will flow from it hereafter, in rendering certain those old titles, and infinitely less when compared with the value of the lands affected by them. Uniformity in the action of the several branches of the business of this office renders its duties more simple, and the titles to lands more secure. By the act of 2 2d March, 1852, this office was authorized to prescribe the form and regulations for the assignment of land warrants. A like authority in relation to all transfers of entries, so far as they are regarded as assignable by this office, would intro- duce uniformity into this branch, and put at rest the ques- tion of the validity of such assignments. It would, more- over, secure evidence at least, of the identity of the vendor with the purchaser, and thus prevent frauds in assignments. The necessity for an act of limitation in relation to sur- veys and sales by the United States is every year becoming more ap})areut, and the expediency of the measure cannot be doubted. So far as the survey of private claims is con- cerned, this office, with your a])])robation, has established the common-law doctrine of estopi)els; but difficulties arise in carrying out this doctrine in relation to the notice of the survey that should be given to the parties in interest, and the length of time that should elapse after such survey be- fore that doctrine should properly apply. To sales or loca- tions no such principle can be applied, as they are regulated THE PUBLIC LANDS. ITl by law. Cases of great hardship may arise to suhsequent purchasers, who, relying upon the evidence given by the United States officers to tlie original parties, buy in good liiitli, and improve the land. If the title is finally fduud illegal or defective, it is vacated; the first purcliaser muy have left the country, and the innocent assignee has no remedy. In cases of this character some general principle established by law would afford relief to the })arties, and obviate the necessity for much special legislation by Con- gress. • I beg leave to renew the recommendations in my last an- nual report, not heretofore specially adverted to, and to re- quest for them the consideration their im])ortance requires. This city and District, severed by their political i)osition from the fostering care of any one State, are deprived of the assistance given to education by all the States, unless Con- gress, as their special legislators, shall make the necessary provisions for them. This may be done as elsewhere, by do- nations of public lands, under judicious restrictions. A number of locations of warrants have been rejected be- cause the parties to whom those warrants were granted had died before the issue of them, leaving neither widows nor minor childreu to receive the grants under the law. This, with the subject of further grants to the old soldiers, or their heirs, is respectfully submitted for consideration. The act of the 4th August last, "to graduate and reduce the price of the public lands to actual settlers and cultiva- tors," judging from tlie reports received, has been productive of much fraud and perjury, and jiroved seriously injurious to the actual settlers on the public domain. As far as prac- ticable, these evils have been remedied by construction and instructions; l)ut the law is inherently defective if it be de- signed to ingraft this feature permanently on our land system. The privilege of ]varchasing at the graduated price sliould have been limited to pre-emptors, or made general to all. Now, it is alleged that persons take the oath prescribed by the law, with the mental qualification that the land will be required for actual settlement and cultivation at soine future time. Others, it is stated, liave employed men to go forward and make the affidavit, paying all their expenses, and also paying for the land; the employer agreeing to give his em- ployees, in fee simple, a portion — say one-eighth, or a quarter, of the land so entered — retaining the balance. The only corrective of this abuse, in the power of the office, was to refuse to recognise assignments of entries of this character, and to issue the patents to the persons in whose names the 172 THE PUBLIC LANDS. entries were made ; and this rule has been established. Efforts have been made to enter lands actually occupied and culti- vated, but to which the settlers had no pre-emption claim. This has been refused on the f^round that the settlers, being in occupancy of the land, could not, and should not, be ousted of his improvements by a party who wished to settle upon the same land, to the prejudice of the settler's occupancy. Attempts have also been made to enter land in the names of femmes covert, minors, &c. This, too, has been refused, for the reason that the obligation of settlement and cultiva- tion, roiiuired to constitute the right to enter under the law, contemplates a contract; and hence those only can claim the benefit of the act who are capable of contracting. The pro- viso to the second section renders the execution of the law exceedingly intricate, and it is difficult to explain this feature in connexion with the several pre-emption laws in such a manner as to make it thoroughly understood. In fixing the periods for the several classes, fractions of years were disre- garded from necessity, to prevent the dates becoming so nu- merous as to produce confusion. In many cases, as you are aware, the several parts of the same township, for various causes, were offered at different periods, frequently years apart; and hence these several parts are in different classes. In such cases it would have been desirable to fix a mean date as the average period of offering, but the office had not the power to do so. The pre-emption clause is a peculiar feature in this law. Its effect is to give to pre-emptors settled on offered lands a perpetual credit, subject only to the risk of entry by others, for one month at the end of each period of graduation ; in other words, to denote the land subject only to this risk. The effect, though ostensibly beneficial to the settlers, would probably prove most disastrous to them in the main. Rest- ing in fancied security, the time in which they would be subject to this risk might be forgotten, and their land and improvements be taken by speculators; or death might in- terpose, and difficulties arise in subsequent domestic arrange- ments as to the persons by Avhom the entries authorized by the law should be made. This would certainly lead to liti- gation, and might have the still more disastrous and unhappy effect of producing discord and contention in families. The basis of this law is the length of time the lands have been in market. It has been heretofore fully shown, that from eight to twelve millions of acres have been annually brought into market, while the demand has only ranged from one to four millions. It would be absurd to suppose that all THE PUBLIC LANDS. 173 the best lands are first purchased, or that all the lands first entered were of the best quality. Our people are eminently social in their habits, and, moreover, naturally con;^re<:;ate together for the advantages of churches, schools, and mutual assistance. The inference is ftiir, therefore, that except the most worth- less class, which was disposed of by the swamp-land grant, a fair ])roportion of lands of all qualities have been annually entered, leaving the same relative proportion in each class of lands subject to entry. Moreover, as time elapses and set- tlements increase and extend, lands comparatively poor and uniVuitful become more valuable, because of increased facili- ties for market, or that the improvements in the nciglibor- hood bring into requisition the peculiar products of those lands. For these reasons, beds of sand and fields of rock or gravel, in the vicinity of growing towns or villages, though unfit for cultivation, are actually more valuable to their owners, on account of the materials for building and improve- ment obtained from them, than the most productive agricul- tural lands. The best evidence of these facts is found in the State of Ohio, Avhere the richest lands had all been taken years ago, and yet, in proportion to those remaining unsold, the sales have been heavier than in any other of the land States. Indeed, evidence might be produced to almost any extent corroborative of this view, or showing, rather, that, generally speaking, lapse of time is a better reason for in- creasing than for decreasing the price of lands. This, however, is not the only erroneous view that seems to have been entertained on the subject of the public domain. It has been alleged, on the one hand, that by it injustice is done to tlie old States, while the utmost liberality is mani- fest-ed towards the new; and on the otlier, that in conse- quence of the Government being the great landholder in the new States, and its lands not subject to taxation, the sparse settlements of those States are compelled to sustain the expenses of State, county, and municipal governments, unaided by the means that should be derived from taxing all the lands. These views, on both sides of the question, are, to a greater or less extent, erroneous, as the facts will show. The land system was originated by Jefierson, and fashioned into form by that great statesman, aided by Livingston, Gerry, Howell, Read, Williamson, Lang, King, Johnson, Stewart, Gardner, Henry, Grayson, Ball, Houston, and Mon- roe. In the enactment of the ordinance of 1785, and the acts of 1796, 1800, and 1805, the nation had the benefit of 174 THE PUBLIC LANDS, the wisdom and patriotism of the sages, who, under Heaven, founded our free and happy government. The advancement of the puhlic interest was then the onlyohject sought. The heavy deht of the revolution pressing on the young repuhlic required liquidation, and every means at the disposal of the gov^ernment was carefully and judiciously applied to that object. Among these the public lands were considered a per- manent and prominent item. With the utmost care, fore- cast, and wisdom, the land system was brought to perfection by a series of laws and executive and judicial decisions, till, by the passage of the act of 24th April, 1820, the cash was substituted for the credit system. This is a brief summary of the inception and progress of our land system, which has continued for over seventy years, unaffected by any radical change till the passage of this graduation act, and which, in its past history for simplicity, harmony, certainty, and uniformity, has commanded univer- sal admiration. Let us now see how this system has been administered, with special reference to the benefits derived from the public lands by the old and new States respectively, excluding, of course, the lands on the Pacific. The bounty lands for services in the revolutionary war, and that of 1812, flowed mostly to the citizens of the old States, and (say) one-half of those for services in the Mexi- can war. The amount actually paid to the old States, under the act of 4th September, 1841, of the surplus revenue, is, of course, charged to those States. As tlie proceeds of the public lands went into the treasury, and were applied to aid in defraying the expenses of the Government, the necessity was thus obviated of increasing the tariff" to that amount. The tariff, it is admitted, bears more equally on the entire population of a country than any other tax. The old States originally, and until within a few years, Averc vastly more populous than the new, and this relief, therefore, applied in the same proportion. Sup- pose then, that for the entire period of the operation of the laud system, the average i)roportion of the population of the old States to that of the new was as three to one: on this basis the people of the old States would have been benefited by three-fourths of the proceeds of the public lands, and those of the new States by one-fourth of those proceeds. To stat« the account, then, on these hypotheses, the old States are chargeable with the amount of lands given as bounties in the revolutionary war and that of 1812, including THE PUBLIC LAXDS. 175 that under the acts of 1850 and 1852— say 19,200,297 acres, equal to $24,011,020 00 One-half of the act of 1847— say G,477,880 acres, equal to 8,097,330 00 Amount actually paid the old States under the act of 1841 409,912 42 Three-fourths of the proceeds of the public lands 113,676,758 67 Making a total of. 146,195,641 09 the benefit of which has flowed chiefly, if not entirely, to the people of the old States. This amount, it will be remem- bered, is exclusive of the sum of more than forty-eight and a quarter millions net receipts for imports at the ports of Flo- rida and Louisiana, which went into the treasury, and by which the people of the old States were also proportionably benefited. One of the greatest benefits, however, to the old States, and that which cannot be estimated by dollars and cents, was the opening given by the new to the ambitious and enterprizing citizens of the former, and the facilities furnished them by Government of obtaining valuable farms at mere nominal prices. They have also enjoyed immense benefits from the products of the West — the sup]dy being vastly increased thereby, and the cost proportionably reduced. On the other hand, grants have been made to the new States and Territory of Minnesota for schools, academies, uni- versities, seats of government, public buildings, and internal improvements; the swamp lands being left out of the account, because, by the terms of that grant, the proceeds Avere to be applied in draining those lauds — say 34,89l,063TVTr acres, equal to $43,613,829 50 One-half the bounty-land act of 1847—6,477,- 880 acres, equal to 8,097,350 00 Amount actually jmid under the act of 1841.. 178,141 39 One-fourth the proceeds 37,892,252 89 Two, three, and five per cent, fund 4,502.813 34 Making a total of 94,344,387 12 the benefits of which would have flowed to the new States on this basis. Thus it will be perceived that mutual benefits to an im- mense extent, and in about equal })roportion, have flowed to both the old and new States under this judicious system; and if either has apparently the advantage, it is all within the 176 THE PUBUC LANDS. one grnat family, and not a sufficient ground of controversy between sires and sons. The true ])olicy of the land system is, first, to encourage the actual settlement and improvementof the public domain. This may be done by sucli amendments to the pre-emption laws as ex})erience may prove necessary for the purpose, and by which every actual settler may secure his improvements in a reasonable time, without risk of competition from specu- lators. And, second, to aid in providing the necessary facilities for intercommunications, and for the transportation of the jiroducts of the lands to market. Although the railroad ex- citement, in many cases, has been carried to excess, experi- ence has proved that grants for such purposes, when carried out in good faith, are alike beneficial to the people, the States, and the general government. To prevent mere speculation, and to secure an equivalent to the government for the lands granted for those purposes, some modifications in the acts making them seem proper — as, for instance, that no grant should be made except on the application of the legislature of a State; that the lands should be taken in alternate sections within a certain dis- tance on each side of the improvement, the minimum price of the remaining sections to be doubled, throughout the whole extent of the grant; and the lands to be certified to the States as the work progresses, with a provision of for- feiture in case of failure. It is impossible to portray the vast benefits already derived by the West from this system. Immense regions have been disposed of that were thought to be wholly unsaleable, be- cause of the difficulty of access ; and so numerous are the ap- plications for these lands, that in some cases, for want of time, they cannot be acted on for months after they are made. The government has consequently been benefited, as will be seen in part from the following tables: THE PUBLIC L.\NDg. m A. — Within the six mile limit. Statement shou-ing the quantity of land sold, with amount of purchase money received Jot the same; also, the quantity located within the six and fifteen mile limits of the Illinois Central railroad, from the date of beiny offered at public sale to the 30tA September, 1854, within the State of Illinois, by land districts. Districts. D.ite wlicn oH'i.-rcil. Quantity. Purchase money. Quantity loca- ted with war- rants. Excess pur- cliaso money upon locations with warr.-iiiLi. Shawneetown Kaskaskia. July 19, 1852 July 5, 1852 Sept. 20, 1852 Aug. 2,1852 Aug. 23, 1852 Sept. 1,1852 Aug. 16, 1852 Acres. 5,246.02 36,826.00 62,240.-34 146,238.91 132, 480. .58 35,801.23 5,640.00 $1.3,116 06 92,068 93 160,600 00 375,845 05 332,531 79 91,217 89 14,100 00 Acres. 2,235.78 18,147.90 57,903.16 $2,754 80 22,882 87 Edwardsville Dixon 72.378 9.'i 118,548.99 140,961 11 118,806.33 149,835 97 13 574 40 18,262 16 Palestine 12,000.00 15.000 00 Within six mile 424,473. Os'l. 079. 478 72 341,216 56' 4:^.0. 0'?:'! 86 B. — Within the fifteen mile limit. Districts. Date when otTered. ^--^'>- ''irir Quantity loca- ted with war- nnts. Excess pur- chase money upon location^ with warrants. Shawneetown July 19, 1852 July 5, 1852 July 12, 1852 Sept. 20, 1852 Aug. 2,1852 July 26, 1852 Aug. 23, 1852 Sept. 1,1852 Aug. 16, 1852 Acres. 41,352.57 35,700.96 3,497.95 49,943.04 66,215.91 26,123.00 99,886.08 5,160.67 21,000.00 $51,690 68 44,680 40 4,349 93 62'. 438 80 82,863 73 33,400 26 125,097 4G o!492 06 27,304 19 Acres. 66,673.06 39,700.99 7,926.95 184,914.86 382,453.29 94 989.00 $1,140 92 5S5 66 Edwardsville Dixon 16 82 8,870 08 Vandalia 6,889 99 Springfield 7r.(i on Danville 369. 829.72]' 17.740 17 Chicago 4li9,3G.08! l*iiles tine 75 000 00' "^53 23 Within fifteen n ule„ 348,880.18 438,317 51 1,26.3,424.55 36,256 92 Acres sold within both limits 773,353.26 Acres located within botli limits; 1,604,041.11 Total sold and located with military war- rants ■ ". 2,37 7,994.37 Cash received for land sold $1,517,796 23 Excess in cash upon locations with warrants... 466,332 78 Total cash received Ji^^i'i29_01 Cash value of warrants surrendered $2,005,081 38 23 178 THE PUBLIC LANDS. The necessity for means of communication between the Pa- cific and the Mississippi, across the continent, is becoming more apparent and pressino; every year. The only mode by which this can be accom]dished is a grant of the character above alluded to. No State can do it ; it has not the power to go beyond its own limits. The work is too vast for pri- vate enterprize, and too important for further delay. Should the land system be crippled, this work, and all others of like character, will be rendered impracticable. If the object sought in the passage of the graduation act was to get rid of the lands as soon as practicable, tliere is but little doubt that object will be attained by it. If, on the contrary, tlie supposition was tliat the lands would not sell for more, the foregoing, I think, will satisfactorily show that supposition to be erroneous. The sales have always been equal to the demand; the supply far, very far, beyond it. The demand at the reduced prices will be increased, but chiefly for pur- poses of speculation; and the hardy and enterprizing settler, instead of dealing with a kind paternal government in the purchase of his land, and securing a perfect title, will have to look to the wealthy monopolist and trust to his tender mercies, with the risk that h'is title is encumbered by prior liens or mortgages. With these views, the natural suggestion is, that the gradu- ation law be radically amended, if it be the pleasure of Con- gress to ingraft it ])ermanently on the land system; and in that event it is further suggested that the twelve-and-a-half- cent class be abolished, or rather donated to the States re- spectively in which they lie, as the profit will scarcely defray the expenses of disposing of them. The materials to answer the resolution of the House of Representatives of the 4th of August last cannot be prepared in time to ))e laid before that body at the commencement of tbe next session. That resolution requires "that tlie Secre- tary of the Interior cause to be prepared for the use of the House of Representatives, during the recess of Congress, a statement of the time the public lands may have, been in market, as well as the quantity, classified according to the act gradiuiting and reducing the price of the public lands, passed 4tli August, 1854." Tlie statistics now on hand can- not aid in preparing an answer to this resolution, even if they could be relied on. The classification of the lands is progressing as rapidly as possible; and when completed, it will be necessary to ascer- tain the amount in each township that remains vacant, as well as the time of offering, that the classifications required THE PUBLIC LANDS. 179 by the act may from time to time be made. This work is tedious and slow, and requires the services of those who are familiar with the land system. To obtain a starting-point, it was necessary to post all sales, locations, and selections up to 1st July last. This is mostly done, and every effort cuii- sistcnt with a due regard to correctness will be made to pre- pare the answer to the resolution at the earliest day prac- ticable. All of which, with the accompanying documents, is most respectfully submitted. Your most obedient servant, JOHN WILSON, Convmissioner. VIII.-INDIAN AFFAIRS. KEPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. Department of the Interior, Office Indian Affairs, Nov. 25, 1854. Sir : I submit for your consideration, the usual annual report from this branch of the public service, referring to the accompanying reports of the diiferent superintendents, agents, sub-agents, and other communications, for detailed information respecting the operations of the department and the condition of the various Indian tribes. The remnants of the " Six Nations," remaining in_ the State of New York, present the interesting spectacle of one of the most renowned portions of the aboriginal race of this continent, still adhering, Avith traditional tenacity and vene- ration, to the homes of their forefathers. Subjected to many trying and adverse vicissitudes, by which their numbers and territorial possessions have been greatly diminished, this once barbarous and heathen people, devoted only to war and the chase, have undergone one gratifying change, and now generally acknowledge, and partially practise, the more en- nobling and beneficial principles and pursuits of Christi- anity and civilization. Internal dissensions, alluded to in former reports, have materially interfered with their ad- vancement and welfare ; but these it is hoped will all soon cease, and never hereafter be renewed. The peculiar and unfortunate situation of the Indians in the State of Michigan, consisting, mainly, of the confede- rated bands of Ottowas and Chipiiewas, was fully stated last year, and the measure deemed best lor their preserva- tion and welfare suggested. It is requisite that there be new conventional arrangements with them, providing for material changes in tlieir ailairs, and in their relations with the United States and the State of Michigan. Sucli ar- rangements could not be effected without more or less ex- pense ; and, on the ai)plication of tlie de])artment, the sum of ten thousand dollars was apprt)priated therefor by Con- gress. But, in consequence of the late period at whicli the 180 INDIAN AFFAIRS. 181 appropriation was made, and other circumstances, it has been deemed advisable to postpone further proceedings until the next year. By tlie convention with the Monomonees of the r2t]i of May last, tliey relinquisli tlieir rit^ht to a large tract of coun- try in Minnesota, west of tlie Mississippi river, set apart fir their permanent home by the treaty of 1848, but which, proving to be unsuitable for that purpose, was therefore un- acceptable to them. In exchange therefor they were con- firmed in the possession of a portion of the tract on the Wolf and Oconto rivers, in Wisconsin, which, with the as- sent of the authorities of that State, had been assigned for their use, and to wliich they had removed. The tract granted them by the treaty of 1848 was guarantied to con- tain not less than six hundred thousand acres; that secured to them by the convention of May last, embraces only two hundred and seventy-six thousand four hundred and eiglity acres, and is deemed to be more than ample for tlieir com- fortable accommodation. The lands retroceded by them, though not suitable for their purposes will be equally valu- able to the government, if not more so than those granted in exchange. In consideration of the great difference in the quantities of the lands thus exchanged, and because it Avas believed that the consideration stipulated for the lands they had been induced to cede by the treaty of 1848 was inadequate, in addition to the pecuniary and other beneficial provisions of that treaty, which were continued to them, the sum of one hundred and fifty thousand dollars was stipulated to be paid in fifteen annual instalments, commencing with the year 1807, when the payments in fulfilment of the treaty of 1848 will expire. This consideration wa^ increased by the Senate, in the additional sum of ninety-two thousand six hundred and eighty-six dollars; making the aggregate amount of two hundred and forty-two thousand six hundred and eighty-six dollars. Having thus been jiermanently and most liberally provided for, and all causes of discontent re- moved, it is hoped and believed that in a few years the IMe- nomonees will exhibit some evidence of moral and social ad- vancement. The department has been perplexed and embarrassed by the refusal of that portion of the Stockbridge Indiann of Wisconsin, parties to the treaty of 1848, to accept the tract of land selected for them in accordance with that treaty, and to which selection they at one time gave their assent. They are, or pretend to be, anxious to remain where they now 182 INDIAN AFFAIRS. are, at Lake Winnebago ; and individual members of tbe band have repeatedly visited this city to urge an arrange- ment to that cftect. For reasons stated in my special report to you of the 25th ultimo, their application could not be granted. The only alternative seems to be to find them a suitable home witliin tlie limits of Wisconsin ; and as they require but a very small tract, this can be accomplished without prejudice to the interests of the white population of the State. It should not be done, however, without making provision for all belonging to the band — those jxarties to the treaty of 1848, and those who were not ; including also tlieir brethren the Munsees, whose rights and interests were entirely disregarded in that treaty. It is much to be re- gretted that such an arrangement has not heretofore been etfected ; as the distracted condition of these Indians, and the uncertainty as to their future destination, have been of serious injury to them. A recent personal visit disclosed manifest evidences of a former state of advancement and prosperity far beyond Avhat they now enjoy. The only other Indians having territorial rights in Wis- consin are tlie band of Oneidas, who occupy a small reser- vation near Green Bay, and are so far advanced in civiliza- tion as to justify the presumption that, like the Brothertons, tliey will at no distant day, dissolve their tribal organiza- tion and become citizens. There are, however, within the limits of Wisconsin, and also within the northern peninsula of Michigan, a few small bands of the Chippewas of Lake Superior, who still occupy tlieir former locations on lands ceded by the treaties of 1837 and 1842. It has not, thus far, been found necessary or practicable to remove them. They are very unwilling to relinquisli their present residences, as are all the other bands of tlic same Indians; and it may be necessary to per- mit them all to remain, in order to acquire a cession of the large tract of country they still own east of the Mississippi, which, on account of its great mineral resources, it is an object of material importance to obtain. They would re- quire but small reservations; and thus permanently settled, the efforts made for their improvement will be rendered more effectual. The Chippewas who reside in Minnesota, west of the Mis- sissippi, are not, it is understood, desirous of ceding any por- tion of their country west of that river; nor is such a cession at this time deemed absolutely necessary, so far as the wants of our citizens are immediately concerned; yet, in view of the rapid spread of population in that direction, and of the INDIAN AFFAIRS. 183 future interests of tlie Indians themselves, it is believed that an early opportunity should be embraced to circninscribe their limits, and to concentrate them upon permanent loca- tions, as recommended lor their brethren on the east side. There are also bands of Chippewa Indians residinf^- in tlie region north of the head-waters of the Mississippi, who, from the imperfection of former treaties, do not participate in their benefits, and are therefore in a very destitute condition. Some arrangement should be made to secure to them the means of subsistence and improvement. It having been found that the country proposed to be given to the Winnebagoes, by tlie agreement made Avith them last year, for an exchange of lands, would, in many respects, be an improper location for them, it was recommended by the department that the agreement should be so amended as to assign them a location on the southern branch of the Crow river, to include Eed Cedar Island lake. The amendment which was adopted by the Senate au- thorized the assignment of this location to them, or one furtlier west, as might on examination be found most ad- visable. A reconnoissance of the country west having thus been rendered necessary, the arrangements for the jjerma- nent establishment of these Indians, unfortunately for them, have not yet been consummated. The difficulties connected with our relations with the Sioux Indians of Minnesota were, a year ago, as explained in the last annual report, of a serious character, but they have happily been surmounted. Congress having, at its late session, confirmed to these Indians the reservations origi- nally intended for them by the treaties of" 1851, measui-es were promptly adopted for concentrating them thereon, and for commencing a system of operations calculated to domes- ticate and improve them. During the past season articles of agreement and conven- tion were concluded with the Omaha, Ottoc and I\Iissouria, Sac and Fox of jMissouri, Iowa, Kickapoo, Delawaie, Shaw- nee, Kaskaskia, Peoria, Wea, Piankeshaw, and ]Miaini In- dians, all residing within the central superinteinlency, and in the newly organized Territories of Nebraska and Kansas. These tribes possessed lands bounded on the east by the western boundaries of the States of Missouri and Iowa, and lying between the parallels of 3*7 deg. and 42 deg. 40 min. north latitude, embracing, in the aggregate, nearly 15,000- 000 of acres; all of which, with the exception of about 1,342,000 acres, being the amount of their several reserva- tions, was ceded to the government. All the cessions vest 184 IXBIAX ATFAIRS. the title unconditionally in the United States, except those from the loways. the confederate band of Kaskaskias and Peorias. Weasand Piankeshaws. and the Delawares. The stipulations with these tribes are, that the land ceded by them (except the Delaware outlet) shall, after survey, be offered at public sale, and sold to the highest bidder; and such portions as are not so sold shall be subject to entry at |1 25 per acre for the term of three years: after which time Congress may reduce the price of the land then remaining unsold. The expense of surveying, managing, and selling the land is to be deducted from the proceeds of the sales, and the residue to be paid to the Indians. The prices stipulated for the lands acquired in Nebraska do not exceed the average prices given heretofore for Indian lands, whilst those for the acquisition in Kansas are greater. This is attributed to the higher grade of title possessed by the Indians treated with in the latter Territory, but which will not necessarily be the case in the conventions contem- plated to be held with the tribes there, who are the mere holders of title without guaranty for perpetuity by the United States. The payments have been graduated and extended so far as was deemed judicious, in view of the condition of the tribes dependent, from present habits, upon annuities for subsistence. But perpetual annuities have been discountenance, as tending to indolence and helplessness. The moneys have been placed, except in a few instances, and in those to a limited extent, under the control of the President of the United States, to be so applied as will, in his opinion, most conduce to civili- zation, comfort, and mental and moral improvement; and the payment of debts contracted by a few individuals, or alleged' to have been contracted by them in the name of the tribes, and termed national obligations, heretofore a prolific source of bribery and corruption, are expressly forbidden. The lands thus acquired are of excellent quality, eligibly situated, are now l>eing rapidly settled, and will soon be brought under cultivation by that portion of our population who intend to make these Territories their future homes. Congress appropriated the funds necessary to fulfil the stipulations of these conventions, the Senate having ratified all without amendment, except those with the Miamies and Shawnees. The amendments to the former did not require the assent of the Indians; and those to the latter were as- sented to by the Shawnees, coupled with the condition that neither the' present nor any future council of the tribe should ever appropriate any of the funds stipulated to be paid them INDIAN AFFAIRS. 185 to the satisfaction of certain pretended claims of E. W. Thomp- son. G. C. Johnson, and Ewings and Clymer, atjainst the tribe. The condition was deemed of such a character as to require the consideration and action of the Senate, and the paper was returned to the Indians, with a suggestion hv the department tliat they should cancel it, make their assent un- conditional, and, if they desired to do so, express their views of these claims in the form of an independent resolution. This suggestion was adopted by the Shawnees, the amend- ments unconditionally assented to, and a resolution unani- mously adopted expressive of the wish and desire of the Shawnees, "tliat no countenance be given by any of the departments at Washiugton to the aforesaid pretended claims, or any other of a like character." There are several other tribes in Kansas Territory with which it will be necessary to have new conventions at an early day; and it is also very important that arrangements be made as soon as practicable Avith the Pawnee and Poncah Indians, of Nebraska, by which their limits may be restricted and defined, and their assaults upon emigrants, and their* hostile excursions against other tribes, terminated. "Within the central superintendency no perceptible im- provement has taken place during the year in the moral condition of the Indian tribes; while the unusual and pro- tracted drought that has prevailed in that region of country has caused, in many instances, an almost total failure of the crops of some of those who have heretofore attempted to cultivate the soil. Some of the tribes will have corn sufficient to supply their necessities; and to guard against inevitable suffering and want, it has been determined to retain a portion of the an- nuities of the present year due to such as are destitute of provisions, and thus afford them the means necessary to pro- cure food during the approaching winter and spring. The various bands of Sioux, Gros- Ventres, Arickarees, and others of the Upper Missouri agency who are parties to the treaty of Fort Laramie, received their annual presents and annuity goods with great satisfiiction. The Arickarees, Mandans, and Gros-Ventres informed the agent that he might in future dispense with any further su})ply of corn, as they had raised enough for their own use, besides a quantity to sell. The rapid dispersion of the buffalo, and other causes alluded to in the report of the agent, require that such action be taken at once as will lay a foundation for the future sup- port of these people. The discontent of some of the bands on the Upper ^lis- 24 186 INDIAN AFB'AIRS. souri, and the attempts of those who committed tlie massa- cre near Fort Laramie — alluded to elsewhere — to enlist all the Indians of that region to join them in a general war ou the whites — for details of whicli you are referred to the re- port of the agent — are, in my judgment, sufficient to require prompt action and such military defences as will be suffi- cient to protect those avIio may travel over the plains next spring. The Omaha, Ottoe, and Missouria, and the Pawnee tribes, embrace the Indians in the Council Bluif agency. Through the neglect of their former agent, and the delay necessarily occasioned by his rejection by the Senate, and the appoint- ment and qualification of a successor, these Indians have had but little attention during the past season. The Oma- has and Pawnees have, it is understood, raised and gathered less than an average crop of corn, but the Ottoes and Mis- sourias are without food for the winter, and all of them are nearly destitute of clothing. When recently in Nebraska, I directed the agent to make provision for the necessary wants *of the Omahas, and Ottoes and Missourias; and to proceed at once, with parties of each to select the reservations pro- vided for in tlie recent treaties, so that these Indians may be removed early in the spring. 13y the treaty with tlie Omahas it is stipulated that the United States will protect them in their new home from the assaults of the Sioux and other hostile tribes. Without this protection they will not, and indeed ought not to remove; and the military post, before alluded to, should be located with reference to such protection. Tlie Indians of the Great Nemahaw agency, comprising the Sacs and Foxes of Missouri, and tlie loways and Kicka- poos, will, with the partial crop raised by them, and the portion of their annuities withheld to meet tlieir necessities, get along without any serious inconvenience. It is gratify- ing to know that some of the Indians of this agency are im- pressed with the necessity of exerting themselves to change their mode of life, to adopt new habits, and to liave their means emj'loyed in the erection of houses and the opening and cultivation uf farms. The crops of the Indians within the four agencies embra- cing the Delawares, Shawnees, Wyandots, Pottawatomies, Kansas, Sacs and Foxes of the Mississippi, Chip[)ewas, Otto- was, Kaskaskias, Peorias, Weas, Piankesliaws, and Miamies, have, to a very great extent, failed, and suffering to an unu- sual degree will only be prevented by the application of a portion of the ample money-annuities, which most of them INDIAN AFFAIRS. 18T have, to the purchase of such supplies as may be necessary for their comfort. The ageuts have hecn instructed to cause tlie exterior lines of the tracts reserved hy the recent treaties with the tril)es west of Missouri and Iowa for their future lionies to he sur- A-eyed and distinctly marked, so that the Indians may re- move within them at the earliest practicable period. In the case of the Shawnees, the united tribe of the Kaskaskias and others, and the IMiamies, the homes of the Indians cannot be selected until the government surveys are made, embra- cing the tracts ceded by them; and it is tlierefore very de- sirable that the public surveys in the Territory of Kansas should be prosecuted without delay. The tribes in Kansas and Nebraska with Avhom conven- tions have recently been concluded, as well as several otliers within the range of the emigration to those Territories are now undergoing a severe trial, and it is by no means sur- prising that their moral condition has not improved during the pa'st year. IMost of them were to remove to new loca- tions; but the conventions had first to be ratified by the Senate, and the necessary appropriations made to carry out their provisions. In this unsettled state, the minds of the Indians were ready for any and every impression that the circumstances surrounding them Avould be calculated to pro- duce. The effect has been, and will continue to be unfavor- able to them, until they can be placed securely in their new homes; and it will then require the most faithful attention on the part of their agents, and the constant and devoted ef- forts of the missionaries and teachers to prevent them from contracting the vices and rejecting the virtues of civilized life. It is gratifying, liowever, to notice the fact tliat, in the midst of these adverse influences, the various mission scliools within the central superintendency from which reports have been received are in a sound, if not flourishing condition, and the number of Indian youth attending them is equal to that of any former year. As heretofore reported to you, an association of persons has undertaken to appropriate to their own use a portion of the land ceded by the Dehuvares, fronting on tlie Missouri river, and south of Fort Leavenworth; liave laid out a citv thereon, and actually had a public sale of the lots of the same on the 9th and lUtli of October last. These unlawful proceedings have not only taken place under the eyes of the military officers stationed at the fort, but two of them are said to be members of the association, and have been active 188 INDIAN AFFAIRS. agents in this discreditable business. Encouraged by these proceedings, and prompted by those engaged in them, other persons have gone on other portions of the tract ceded by the Delawares in trust to the tJnited States, and pretend to have made, and are now making, such " claims" as they assert will vest in them the lawful right to enter the land at the minimum price under the pre-emption law of July 22, 1854. It is well understood that these parties can acquire no title to the lands thus "claimed." They must be sold at public sale to the highest bidder, and the stipulations of the treaty com- plied with in good faith; and the government should at once interpose its authority, and expel all who are trespass- ing on the Delaware cession. The effect has already been injurious to the peace of the Delawares, and it is due to them that such prompt and unmistakeable action be had as will assure them that the United States will keep its faith. The Indians should under no circumstances be permitted to become dispirited, or to lose confidence in the public authorities, for if they do, all efforts to civilize them or im- prove their condition must be unavailing. Procrastination or delay in this case will induce others to trespass on the similar cessions made by the loways and Kaskaskias, and others, if not upon the homes reserved by these and other Indians. In view of the fticts above stated, I am constrained to sub- mit a few suggestions in relation to the emigrated tribes in Kansas Territory, who, by the policy of the government adopted more than thirty years ago, and reluctantly acqui- esced in by them, were removed to, and became inhabi- tants of, the country now embraced in this Territory. Al- ready many of them have ceded, and it is expected that others will cede, the larger portion of their lands to the United States for the use and occupation of our citizens. The faith of the nation Avas pledged in the most solemn form, before these tribes removed to the region west of the Missis- sippi, that they should have the undisputed possession and control of the country, and that the tracts assigned to them therein should be their permanent homes. It was called the " Indian Territory," and the intercourse act made it unlaw- ful for white men to go into it, except on a license obtained, and for special purposes : and, in this secluded home, it was believed the efforts of the government and the philanthropist to civilize the red man would be more successful than ever before. Such was not the case, however. Our population advanced rapidly to the line which Avas to be the barrier, and, INDIAN AFFAIRS. 189 with the emi<:ijration consequent upon our acquisitions from Mexico and tlie organization of our new TerritDries, neces- sarily subjected the Indians to tliat kind of contact witli the whites which was sure to entail on them the vices, while de- prived of the good influences, of civilization. In the recent negotiations for their lands, the Indians dwelt upon the former ])ledges and promises made to them, and were averse generally tt) the surrender of any portion of their country. Tliey said tliat they were to have the land "as long as grass grew or water run," and they feared the result if they should consent to yield any part of their pos- sessions. AVhen they did consent to sell, it was only on the condition that each tribe should retain a portion of their tract as a permanent home. All were unitedly and firmly opposed to another removal. So fixed and settled was this idea that propositions clearly for their interest were rejected by them. The residence of the tribes who have recently ceded their lands should, therefore, be considered (subject in a few cases to a contraction of limits) as permanently fixed. Already the white jiopulation is occu})ying the lands between and adjacent to the Indian reservations, and even going Avest of ■ and beyond them; and at no distant day all the country im- mediately to the west of the reserves which is worth occu- pying will have been taken up. And then the current of })opulation, until within a lew years flowing only from the East, now conies sweeping like an avalancliefrom the Pacific coast, almost overwhelming the indigenous Indians in its approaches. It is, therefore, in my judgment, clear, beyond doubt or question, that the emigrated tribes in Kansas Ter- ritory are permanently there — there to be thoroughly civil- ized, and to become a constituent portion of the ])opulation, or there to be destroyed and exterminated. "What a spec- tacle for the viewof the statesman, p]iilauthi-o}»ist, Christian — a subject for the most ])rofound consideration and reflection! With reservations dotting the eastern portion of the Terri- tory, there they stand, the representatives and remnants of tribes once as powerful and dreaded as they are now weak and dispirited. By alternate persuasion and force, some of these tribes have been removed step by step, from mountain to valley, and from river to plain, until tlicy have been jiushed half-way across the continent. They can go no further; on the ground they now occupy the crisis must be met, and their future determined. Among tliem may be found the educated, civilized, and converted Indian, tlie be- nighted and inveterate heathen, and everv intermediate 190 INDIAN AFFAIRS. grade. But there they are, and as they are, "vvlth outstand- ing obligations in their behalf of the most solemn and im- perative character, voluntarily assumed by the government. Their condition is a critical one — such as to entitle them not onlv to the justice of the government, but to the most pro- found sympixthy of the people. Extermination may be their fate, but not of necessity. By a union of good influences and proper effort, I believe they may, and will be saved, and their complete civilization effected. Be that as it may, however, the duty of the government is, in my opinion, plain. It should fulfil, with the_ greatest promptness and fidelity, every treaty stipulation with these Indians ; frown down, at the' first dawning, any and every attempt to corrupt them; see that their ample annuities are directed faithfully to their education and improvement, and not made the means of their destruction ; incessantly resist the efforts of the selfish and heartless men who, by specious plans and devices for their own gain, may seekto distract and divide them ; require diligence, energy, and in- tegrity in the administration of their afi'airs by the agents who may be intrusted with their interests and welfare ; and •visit the severest penalties of the law on all who may violate its salutary provisions in relation to them. Let these things be done; the co-operation of the civil officers, magistrates, and good citizens of the Territory secured, and the most ac- tive efforts of the friends of the benevolent institutions now- existing among them be brought into exercise for their moral culture; and, by harmonious and constant effort and action, a change may, and it is believed will, be brought about, and Kansas become distinguished as a land in which the complete and thorough civilization of the red man was worked out and accomplished. The agent for the Upper Platte and Arkansas agency_ ex- perienced no difficulty in obtaining the assent of the tribes who were parties to the Arkansas treaty, to the amendments of the Senate to that instrument, except the Apaches ; and he expresses the belief that the Comanches and Kioways have faithfully comi)lied with the stipulations of the same, except in their forays on citizens of New Mexico, seeming not to understand that that territory now belongs to the United States. When the agent met the Apaches, he was without an interpreter, and therefore could not submit the amendments to them. It is stated that the great majority of the Indians of that agency luive no respect for the government of the United States' or the citizens thereof; that emigrating parties have INDIAN AFFAIRS. 191 g;enerally to buy their way tliroiigh the country, and that the military force at the different po.sts can render no assist- ance, being, indeed, unable to protect itself beyond the reach of the guns of the forts. The Osages, Pawnees and others, have also annoyed the emigrants, and committed depredations upon them. The roads on the principal routes to the Pacific coast have be- come very important thoroughfares. Thousands of emi- grants, and many merchants, wlio, with their i)ropcrty to the amount of several millions in value, pass annually over the plains, are entitled to the protection of the government. The weakness of the present military force operates injuri- ously in various ways, and it would be much better to with- draw it entirely, and let emigrants have notice that they must protect themselves and their property, and leave the Indians to be dealt with by our agents alone, than to permit the posts to remain in their present weak and enfeebled con- dition. The report of Agent Whitfield reiterates the admonition of his predecessor in relation to the impending fate of the Indians of the Arkansas, the Platte, and the Plains, if some policy be not soon introduced by which their habits, tastes, and pursuits may be changed. The buffalo, on which they mainly rely, not only for food and clothing, but also for the means of shelter, is rapidly disa])pearing, and must soon cease to be a source of reliance and dependence for support. The best policy to be adopted to meet tlie exigency it is dif- ficult to determine satisfactorily. But that sometliing should be done, and that speedily, must be apparent to every reflecting mind. In the report last year of the late Agent Fitzpatrick, he states tliat, in his then recent visit he found many of the Cheyennes, Arapahocs, and Sioux in a starving condition, on account of the scanty supply of buffalo; and the U|)per Missouri agent, in his last year's report, also states that within his agency there are at least four hundred thousand of these animals annually destroyed. The present agent for the Upper Platte and Arkansas is of the opinion, tliat although starvation be inevitable, yet the Indians alluded to will never voluntarily abandon their present mode of life ; and that to effect a change and obtain control over them, the United States must first efi'ectually chastise every band. Although having confidence in the prudence and judg- ment of the agent, I am constrained to think that the sug- gestion has not been well considered by him; and without 192 INDIAN AFFAIRS. questioning the beneficial effects which might result from the successful execution of such a measure, it would in my opinion, if attem])te(l, prove an utter failure. These Indians have no fixed habitations, no houses, no fields, and no pro- perty, herds, or flocks, but such as may be removed with great celerity; and in their rapid migration from one portion of the country to another, thoy leave no trace behind to guide and direct their pursuers. I am not prepared to suggest any better plan for their do- mestication and preservation tlian to make an effort to colo- nize them in suitable tracts of country, to be selected for that purpose, and there teach them to labor and to cultivate the soil. Some, no doubt, would at once embrace the oppor- tunity, if presented; and the improvement of their condition would have its influence upon others, who, from their desti- tution and want, could, it is believed, be induced to take refuge in these retreats. A portion of the funds now applied to the purchase of merchandise for annual distribution among them might be appropriated for this purpose, and the experi- ment made without any demand upon the treasury beyond the amount required to pay the wages of a few employees and minor agents. The four principal tribes witliin the southern superintend- ency — the Chcrokees, Creeks, Choctaws, and Chickasaws — continue gradually to improve their condition. Having gen- erally adopted the habits and pursuits of civilized life, they are probably more prosperous and happy than any of the other tribes within our borders. Their forms of government, which have been modified and improved as their knowledge and experience have increased, and the manner in which their internal affairs are administered, do them great credit; while the zeal and anxiety of their leading men for the general educa- tion of their people entitle them to the highest commenda- tion of the government. They are loyal and friendly to the United States, and quiet and generally peaceful towards each other. The only cause of anxiety with regard to them, at present, is that they may be subjected to some hardship and suffering in consequence of the shortness of their crops, occasioned by the extreme drought which has prevailed in that region, as well as elsewhere. The Scminoles within tliis supcrintendency are in a much less satisfactory condition, being ignorant and more or less debased, idle, and addicted to dissipation. The Creeks, with- in whose boundaries they reside, complain that they are the instruments and agents through whom most of the ardent spirits brought into their country are introduced, and they INDIAN AFFAIRS. 193 have appealed to tlie government to interpose to abate this nuisance, which is attended with much injury to their people. The United Senecas and Shawnees, and the otlier small Lands of Quapaws and iSenecas, also within tlie southern supcrintendcncy, are in comj)aratively comlortahle circuni- stances; but the Osages, in the same district, who have not yet abandoned the chase, are in a much less favorable con- dition. An cflbrt, Avhich has been partially successful, is now being made to effect treaties with these several bands, for the purj)Ose of reducing their territorial possessions, which are much too extensive, and of bringing them under a better system of control and management, with a view to their more rapid improvement. The question of a political separation between the Choc- taws and Chickasaws, which has for some time been earnest- ly sought for by the latter, but opposed by the former, and which has excited much feeling between the members of both tribes, still remains unadjusted. Commissioners ap- pointed for the purpose by each were to meet early in Octo- ber, to consider and discuss the subject; but informati ;i adjudicated; yet inquiries are often made in relation to applications on file, and the suspended applications, number- ing about one hundred, are the subject of frequent and often laborious examinations. Fifty-seven original applications have been allowed under the third section of the act of July 4, 1836. The annual pay in these apiDlications was $6,284 97. Twenty-five applica- tions under this section have been increased, amounting to the sum of $2,504 05 annually. The arrearages under this section found due and paid, during the year, amount to the sum of $71,304 45. The number of pensioners now upon the list, under this section, is two hundred and eighty- eight. One hundred and sixty-nine original applications have been admitted under the act of July 7, 1838. The annual pay was $12,598 44. Thirty-four applications have been in- creased, amounting to the sum of $2,337 35 annually. Un- der the acts of March 3, 1843, and June 17, 1844, which are a continuation of the act of July 7, 1838, one hundred and fifty-seven applications have been admitted, at the annual stim of $10,618 44; and thirty-one applications have been increased the sum of $1,662 29 annually. Under the act of February 2, 1848, one hundred and sixty-five applications have been admitted at the annual sum of $9,172 37; and forty-four applications have been increased the sum of $1,353 53 annually. Under the act of July 29, 1848, and the resolution of July 1, 1848, one hundred and ten appli- cations have been admitted at the annual sum of $6,897 40. The arrearages of pension found due in the applications under the five last named acts, and which have been paid during the year, amount to the sum of $178,040 57. As the acts of July 7, 1838, March 3, 1843, and June 17, 1844, give a pension for a limited number of years, which have already expired, the payments under them are now made to each re- cipient at one time; consequently, there are no pensioners now on the list under these several acts. The acts of February 2, 1848, and July 29, 1848, continue the pensions during widowhood. The whole number of pensioners under these two acts upon the list is three thou- sand three hundred and seventy-five. The number paid during the year is three thousand one hundred and twenty - five. Two thousand and forty applications have been admitted 203 THE PENSION OFFICE. under the second section of the act of Fehruary 3, 1853, at the yearly sum of $102,763 58; and fourteen have been in- creased $784 38 annually. The arrearages found due upon these applications, and paid during the year, amount to the sum of $180,750 94. The whole number of pensioners un- der this section now upon the list is two thousand three hundred and nineteen. In my last annual report I noticed the fact that the widows of the officers, non-commissioned officers, mariners, and ma- rines, who served in the navy of the United States during the revolutionary war, were not provided for by this act. I then had no doubt, and still remain of the same opinion, that this omission was purely accidental. In all other pen- sion acts relating to revolutionary service no distinction is made between sea and land service; nor can it be supposed that it was the intention of Congress to make any invidious distinction in this act. As this omission is one which Con- gress only can remedy, I would most earnestly recommend that the matter be presented to their early notice. The number of persons to be benefited by this addition is very small, and cannot exceed twenty-five; but whether the num- ber be small or large, it is an act of justice that should be no longer delayed. From the preceding statements it will be seen that thr.ee thousand and thirteen applications for pensions under the acts relating to revolutionary services have been favorably adjudicated during the year, and that upon these applica- tions the arrearages of pension found due and paid amount to the sum of $529,295 63. Of these applications one hun- and sixty-seven were in the names of the soldiers of the re- volution, upon which the arrearages amount to the sum of $96,584 56, and two thousand eight , hundred and forty-six applications were in behalf of the widows of revolutionary soldiers, upon which the arrearages amount to the sum of $432,711 07. By arrearages of pension is meant the sum that is due upon the claim at the time it is adjudicated. The whole number of male pensioners under these various acts now upon the list is one thousand and sixty-nine. The whole number of females is five thousand nine hundred and eighty-two. The whole amount paid to revolutionary pensioners, whose names were upon the list at the commencement of the last fiscal year, by the agents for paying pensions, is $378,975 33. The amount paid by the Treasurer to those pensioners who had neglected to apply to the usual paying agents for four- teen months is $12,368 85. The whole amount paid during THE PENSION OFFICE. the year on account of revolutionary services is $920,639 81. As the sum due pensioners at the expiration of the fiscal year, which will be paid during the current year, is sup- posed to be as large as the suui due pensioners at the com- mencement of the fiscal year and paid by the Treasurer, tlie sum last mentioned may be assumed as an approximation to the exact sum due pensioners for revolutionary service during the last fiscal year. When it is considered that the war in which these services were rendered terminated more than seventy years ago, and that but very few who were even cotempary with these services now survive, it must be con- ceded that this is a very liberal disbursement from the trea- sury by Avay of pensions, and will be conclusive that this government is not justly chargeable with the sin of in- gratitude. Much of the labor in this division now consists in answer- ing inquiries of persons relating to the revolutionary ser- vices of their ancestors, and giving them information in respect to the condition of the applications by them hereto- fore presented. Many of these inquiries are prompted by curiosity, but more from interest, with a hope tliat some ar- rearages remain unpaid. These inquiries should be promptly and correctly answered. To enable us to do so, a well ar- ranged index of all the adjudicated claims is indispensable. The only substitutes now in use are hasty and imperfectly prepared registers, well calculated to mislead those that are not well versed in all their intricacies. Feeling the importance of some better guide, I early obtained your consent to have a systematic arrangement of these claims so made that the history of eacli could be traced from its commencement to its close at a single glance. This work has been commenced under the superintendence of a gentleman well fitted for the task, who has nearly completed the arrangement in three of the States. The great advantages expected from tliis ar- rangement are more than realized in the examination of ap- plications in these States, and urge us to a more vigorous prosecution of the work. As the ordinary business in this division diminishes, more attention can be given to this mat- ter, and the whole be completed at no distant day. II. — Half-pay Pensions for Five Years. The acts relating to this class of pensions now executed in this bureau are those of March 19, 183(5, July 4, 1836, July 21, 1848, February 22, 1849, and February 3, 1853. Eleven original applications have been admitted under the 1st section of the act of Julv 4, 1836. The annual payments 27 210 THE PENSION OFFICE. in these cases amount to |420. One application has been increased eighteen dollars annually. One hundred and fifty- two applications have been admitted under the acts of July 21, 1848, and February 22, 1849, the annual payments of which amount to |9,946. One thousand four hundred and thirty-nine applications have been admitted under the 1st section of the act of February 3, 1853, at the annual sura of $92,900. The whole number of pensioners now upon the list under these various acts is two thousand and eight. As most of the pensioners under the preceding acts are paid from the same appropriation as the revolutionary pensioners, under the acts of July 4, 183G, and February 3, 1853, the precise number of each class that have been paid during the past year cannot be readily ascertained. It is to be observed that the widows of the officers and soldiers of the regular army, whose husbands died in service in time of peace, are not entitled to the provisions of these acts; while the widows of seamen under similar circumstances are entitled to benefits of a kindred character. It is a no- torious fact that the widow of the soldier is often left in des- titute circumstances, and his minor children cast upon the charities of the world. The occupation and pay of a soldier are incompatible with the acquisition of wealth, and he is often destitute of that providence which secures a competen- cy for future wants. He seldom serves his country under the promptings of avarice, but for that love of honor and renown which does not furnish aliment for the hungry or clothing for the destitute. At the close of an eventful life it is often a source of the bitterest anguish to the generous-hearted sol- dier that he must leave the objects of his tenderest affection without the means of a comfortable support. To remedy these evils, and to place the soldier and sailor in this respect upon the same footing, I would recommend the passage of a law allowing the widows and minor children of the officers and soldiers of the regular army who die in service half-pay for five years, under the usual limitations and restrictions. There are a number of acts of Congress giving half-pay for five years to widows and orphans of officers and soldiers of the army that are now executed in the office of the Third Auditor of the Treasury. As these acts are of the same general character as those above referred to, which are ex- ecuted in this office, and as the applications under them are not now very numerous, and oftimes intimately connected with tlie applications here adjudicated, I would suggest that the further execution of those acts be transferred to this bureau. THE PENSION OFFICE. 211 III. — IiTVALiD Pensions. Two Imndred and thirty-seven original applications have been admitted to the list of invalid pensioners during the year, at the annual sum of $20,688. One hundred and five applications have been increased the sum of $4,10G 54 an- nually. The whole number of invalid pensioners now upon the list is five thousand and six. The number paid during the year is four thousand four hundred and eighty-six. The annual sum required to pay this class of pensioners is $444,- V14 27. The number of suspended applications in this di- vision is very large, and many of them of very ancient date. The labor of adjudicating claims in this division is becoming more difficult, and requires great discrimination and care. "When the disability must have been occasioned by some known wound received in the line of duty, the connexion be- tween the cause and the effect was obvious and easily traced. But since persons may receive pensions for disabilities aris- ing from diseases contracted in the service, the task of con- necting the result with the cause assigned is more perplex- ing. We are often required to look for the cause of a present disability to some disease the applicant may have contracted in service more than forty years ago, and to distinguish be- tween the infirmities incident to old age and the innovations upon health resulting from the privations of military life. In these cases much reliance must be placed upon the opin- ions of medical gentlemen respecting the cause of the disa- bility as well as its degree. We have derived essential aid in these examinations from advice received from the office of the surgeon general, for which our acknowledgments are due. The people of this country have ever regarded it a duty to sustain those who become disabled in military service. In 17*76 the Continental Congress promised pensions, during the continuance of disability, to the officers and soldiers of the army disabled in service. In 1785 the same body strongly urged upon the State governments to make provision for such invalids as were residents in their respective limits; and it was among the first acts of the first Congress under the con- stitution to provide for the payment of the pensions granted by the States. Subsequently, the whole matter of invalid pensions was assumed by the federal government, and ample provision made not only for those that were disabled in the war of the revolution, but also for those that were disabled in subsequent wars and in the peace establishment. The first appropriation by Congress for the payment of invalid pensions was made July 16, 1790, and amounted to 212 THE PENSION OFFICE. the sum of $96,979 72. For the ten years next succeeding, the annual appro})riations for this object averged $90,791 58. From 1800 to 1803, inclusive, the annual appropriations were $93,000. From 1804 to 1815, inclusive, tlic annual ap- propriations were $98,000. For the first ten years after 1815, the annual average appropriations vrcre about $256,000. From 1826 to 1848, inclusive, the annual appropriations for invalid pensions averaged about $180,000. Since the year 1848 the annual appropriations for this object amount to nearly $405,000. From present indications, this sum cannot for some years be materially diminished. The persons who received invalid pensions for disabilities incurred in the revolutionary Avar have, with one exception, it is believed, ceased to be pensioners. Nearly the whole of the present expenditure, therefore, for this class of pensions, is for disabilities received in subsequent v/ars, and in the peace establishment. A comparison of the present expen- diture with that of any other period since the revolution, leads to the conclusion that the facilities for obtaining in- valid pensions have not been diminished, if, indeed, the benevolent designs of the government have not been abused. Further experience has confirmed the convictions ex- pressed in my last annual report, that many persons are improperly enjoying the beneficence of government, intended only for the infirm and disabled. In cases where persons have been placed upon the list through misrepresentation and fraud, they can be stricken therefrom without ceremony; but in cases where the applicant, at the time of his admis- sion, was laboring under a disability supposed to have been permanent, but which has yielded to the rcraperative power of youth and a vigorous constitution, some further legisla- tion is needed. If Congress is unwilling to re-enact the provisions of the law of March 3, 1819, requiring biennial examinations, it is hoped provision will be made for a re- examination of those cases in which the Commissioner of Pensions shall, from reliable information, have good reason to believe the })ensioner has recovered from the disability for which he was pensioned. It aftbrds me pleasure to say, that in two instances where officers in the Mexican war Avere placed upon the pension list for sui)posed ])ermanent disa- bilities, from which they have recovered, tliey have volun- tarily relinquished their pensions, and asked to have their names stricken i'rom the roll. Such rare examj)les of strict integrity and honesty should be placed before the public as worthy of universal commendation — I allude to the cases of THE PENSION OFFICE. SlSt Capt. Thomas H. Ford, of the State of Ohio, and Capt. John L. McConnell, of the State of Illinois. IV. — Navy Pensions. In this division thirty-eight persons have heen admitted to the list of invalid pensions at the annual sum of |2,034 50. The amount of arrearages on these several claims, including the current pension, is |1,756 79. The claims of thirty-two widows have heen admitted amounting annually to the sura of $4,404. The amount of arrearages found due on tliesc claims, including the current ])ension, is .f 17, 184 28. Eleven claims of orplians have been admitted, amounting annually to the sum of |2,190. The arrearages in these cases, found due and paid, including the current pension, amount to the sum of $10,157 62. It will be observed that the arrearages of pension in the invalid cases are less than the current pension, while they greatly exceed the current pension in the case df Avidows and orphans. The reason of this dif- ference is, that invalid pensions are made to commence at the date of completing the evidence in the case, while the pensions to widows are made to commence from the day of their husbands' death, and to orphans, from the date of their fathers' decease, when no widow survives ; and incase of a widow's surviving, from her death or marriage. The number of invalid pensioners now upon the roll is 497 The amount of money recjuired to pav these an- nually is ". $30,558 95 The number of widows u})on the navy pension list is 442 The sum required for their annual payment is... 91,176 00 The number of cases payable to orphans is 78 The amount of money neiicssary to pay them an- nually is ". 9,510 00 In adjudicating claims in tliis division, it has been a pri- mary object to make the practice correspond with the prac- tice in other divisions of a similar character, in order to ob- tain a more uniform system. To effect tliis, a declaration, with proof of identity, in invalid applications, is now re- quired; and the discretion heretofore exercised in fixing the time when such pensions should commence, has yielded to the long-established rule in other invalid applications. A cursory glance at the laws relating to navy pensions cannot fail to convince any person that some modification is required, so that the practice of the office, which is believed to be in accordance with the benevolent spirit in which they 214 THE PENSION OFFICE. were passed, may not conflict with the letter of the law. For example: the act of June 30, 1834, contains a provision that "the pensions of such widows shall commence from the pas- sage of this act." A literal compliance with this provision would give a widow wliose husband died after the passage of the law a pension for the time he received his pay in the service. This provision is construed to mean from the death of the haishand, or from the expiration of a former 'pension^ in- stead of from the passage of said act. The act of March 3, 1845, intended to authorize the renewal of certain pensions, uses this language: "which pensions have ceased in conse- quence of the expiration of the period for which they were originally granted." This expression was first construed to embrace only such pensions as had expired at the date of such act, but is now construed to include all pensions of that class, whether they expired before or after the date of said act. The act of August 11, 1848, provides for the payment of the pension to the orphan children of deceased parents, "after the death of the widow;" but makes no provision, in terms, for the orphan, when no widow has survived. This act is now construed so as to give a pension to the orphan children where the father has died without leaving a widow.' All navy pensions are graduated by the pay of the navy, as it existed on the first day of January, 1835. Since that date changes have been made, by introducing new grades of offi- cers into the service. It is obvious that pensions on account of the services of these officers cannot be graduated by any positive provision of law. Tbe only effective remedy for these various defects, and others not here noticed, is the passage of an act, simple in its provisions and clear in its details, embracing the principles and carrying out the manifest intention of Congress in its previous action upon this subject. The pensions of petty oflicers, seamen, ordinary seamen, landsmen, boys of the nav}^, marines, and their widows and orphans, are disproportionate to other pensions. For exam- ple: if a seaman be totally disabled he can only receive three dollars and fifty cents a month, while a marine, for the same disability, can receive six dollars a month, and a private sol- dier of the army can receive eight dollars a month. This subject attracted the favorable notice of the Senate Committee on Pensions during the last session of Congress, and should receive prompt legislative action. The widows and orphans of those who serve in the navy are entitled to pensions only when tlieir husbands or fathers have died in service. There are instances where officers and THE PENSION OFFICE. 215 jseamen have been compelled to leave the service on account of wounds received or of diseases contracted in the line of duty, and have died from those wounds or of those diseases. It is respectfully submitted that the benefits of the pension laws for naval service be extended to the widows and or- phans of those who may die from wounds received or of dis- eases contracted in service, though they may not be in actual service at the time of their decease. The act of May 31, 1854, made an appropriation for the payment of the arrears due those persons who had been placed upon the invalid privateer pension list between July 1, 1851, and June 30, 1854, inclu- sive. There is no provision for the payment of this class of pensions subsequent to the day last mentioned. Only nine- teen applications have been made under the last-mentioned act, and two of those were in right of deceased pensioners. The number of those that might present claims should fur- ther provision be made for their payment cannot be accu- rately stated, but from the best data we have it will not ex- ceed twenty-two. The annual payments to this number will probably amount to |2,200. No further payments can be made to this class of pensioners without further legislation. V. — Bounty Lands. 1. Bounties for revolutionary services and service during the war of 1812. The business of this desk was suspended from June 26, 1853, to February 8, 1854, because there was no law in force during that time under which these claims could have been adjudicated. On said 8th day of February a bill for a public act reviving and extending former acts upon this subject for a period of five years from June 26, 1853, was approved. From the 8th day of February to the 30th of September, 1854, we have issued five warrants, amounting to seven hundred and twenty acres, for revolutionary services. Sixty-seven warrants for one hundred and sixty acres each, and one war- rant for three hundred and twenty acres — making a total of eleven thousand and forty acres — have been issued for ser- vices in the war of 1812 during the same time. Eighteen new certificates of right to locate warrants of one hundred and sixty acres each, one new certificate of right to locate a V. arrant of three hundred and twenty acres, which Avarrants were previously issued, but not patented, have been issued during the time aforesaid. The total amount of acres con- tained in warrants issued under the acts of 1811, 1812, and 1814, for services during the war of 1812, to September 30, 1854, is four million eight hundred and thirty -four tliousand 216 THE PENSION OFFICE. nine hundred and seventy-two. One hundred and twenty- seven existing claims for one hundred and sixty acres each, under these acts, have heen established, and warrants will he issued as soon as the evidence of heirship is furnished. The number of suspended claims under these acts is four hundred and fifty. 2. Bounties under the act of February 11, 1847. The whole number of applications for land under this act for the year ending September 30, 1854, is 1,522 The number for money in lieu of land is 1 Total 1,523 Seven hundred and fifty-four warrants for 160 acres each, five hundred and forty-one for 40 acres each, and one certifi- cate for |100 in lieu of land, have been issued on these ap- plications, and two hundred and twenty-seven have been suspended or rejected. The whole number of applications under this act for land is 93,144 The whole number of applications for money in lieu of land is 4,340 Total 97,484 These applications have been disposed of as follows: Cases. Warrants for 160 acres each have been issued in 79,483 Do. 40 do. do 7,289 Certificates for scrip of |100 each in lieu of land in.... 2,269 Do. do. 25 do. do. 460 Do. money 100 do. do. 450 Do. do. 25 do. do. 59 Applications suspended or rejected 7,474 97,484 The total amount of land-warrants already issued under this act for service in the Mexican war Avill cover 13,008,840 acres. The amount of money paid iu lieu of land is $3,238. 3. Bounties under the acts of September 28, 1850, and March 22, 1852. The number of applications in the hands of the ex- aminers, and at the rolls on the 30th day of Septem- ber, 1853, was 3,619 Applications under the act of September 28, 1850, have been received during the year ending September 30, 1854, as follows: THE PENSION OFFICE. 217 For service in the war of 1812 9,854 For service in the Florida and other Indian wars 604 For services as commissioned officers in Mexi- can war , 183 10,641 The whole number of applications under the act of March 22, 1852, is 1,328 Applications on the suspended files September 30, 1853 50,713 66,301 These applications have been thns disposed of: The number of warrants issued upon tliera, under act of September 28, 1850, to Septem- ber 30, 1854, is 13,773 The number issued under act of March 22, 1852, is 2,593 Applications in hands of examiners and at rolls 188 Applications on suspended files September 30, 1854 49,747 66,301 Duplicate and triplicate warrants have been issued during the year as follows : Under act of September 28, 1850, seventy-three for 160 acres each, one hundred and fifty for 80 acres each, and one hundred and eighty-four for forty acres each; under act of March 22, 1852, four for 160 acres each, three for 80 acres each, and sixteen for 40 acres each — making a total of four hundred and thirty warrants. Warrants have been cancelled during the year as follows, to wit: Under act of September 28, 1850, ninety warrants for 160 acres each, two hundred and forty-seven for 80 acres each, and five hundred and forty-three for 40 acres each; under act of March 22, 1852, ten warrants for 160 acres each, fourteen for 80 acres each, and thirty for 40 acres each. The Avhole number of warrants cancelled is nine hundred and thirty- four, for fifty-nine thousand eight hundred acres of land. The whole number of applications for land boimty, under the act of September 28, 1850, to September 30, 1854, is as follows: For services in the war of 1812 181,726 Do in the Indian wars since 1790..., 47,705 Do in the war with Mexico by officers 3,734 28 218 THE PENSION OFFICE. The number under act of March 22, 1852, to same date 13,966 Total 247,131 Upon these applications the following action has been had: Warrants issued for 160 acres each 27,997 Do. do. 80 do 58,408 Do. do. 40 do 110,791 Number of applications in hands of examiners and at rolls 188 Applications on suspended files September 30, 1854, 49,747 Total 247,131 Warrants covering 13,583,800 acres of land have already l)een issued under the acts of September 28, 1850, and March 22, 1852. The total amount of land warrants issued to the soldiers of all the wars since 1790 contain 31,427,612 acres. The practice of presenting duplicate applications for land from different States, or for different periods of service from the same State, by the same person, has been detected in this division. Instances have been discovered where the same individual has obtained two and tliree warrants in this way. To guard against this abuse, and for other purposes, it has been deemed advisable to make a complete alphabetical index of all applications presented to this office, with an analysis of the service and the action of the office in each case. This work has been commenced, and, though it is one of great labor, yet it has been found, so far as completed, of greater assistance in detecting attempts at fraud in this branch of our business than was expected, and of sufficient importance to Avarrant its completion. The subject of the frauds upon tliis bureau attracted the attention of Congress during its hist session, and a call was made upon the Secretary of the Interior for information concerning them. In answer to this call, a detailed report from this office was, on the 15th day of May last, submitted to you, giving a statement of the operation of this bureau from the 1st of April, 1853, to that date. The following ex- tracts from that report give a summary of the number and extent of the frauds in revolutionary cases, and the number of persons detected in fraudulent practices, then discovered : "From the preceding statements it will be seen that frauds in revolutionary cases have been detected in ten States, that fifty-four cases have been found to be fraudulent, of which THE PENSION OFFICE. 219 twenty-nine have been admitted and twenty-five rejected. The amount of money abstracted from the treasury in these cases is $68,232, and the amount claimed in cases tliat have been rejected because of their being fraudulent is $44,0-i2." * * * "The whole number of persons connected with the frauds upon this bureau that have been detected under such circumstances as to leave no reasonable doubt of their guilt is twenty-six. Of this number seven have been con- victed, and sentenced to hard labor in the penitentiary; one has died; one has committed suicide; six have forfeited their bonds and fled their country ; nine are now waiting their final trial; and two, against whom bills of indictment have been found, have not yet been arrested." Since the date of this report six fraudulent revolutionary cases have been detected, and traced to one person, who has been arrested, held to bail, and has forfeited his bond, amount- ing to the sum of $5,000. Three persons have been detected in presenting fraudulent papers in applications for bounty land, and have been arrested and held to bail. One of them has forfeited his bond. The number of persons against whom bills of indictment have been found, up to September 30, 1854, is thirty. Nine of these have been convicted; eight have forfeited their bonds and fled; one has died; one has committed suicide; two have not yet been arrested; and nine await their final trial. Several cases have been discovered which are clearly fraudulent, but which have not been prosecuted, because the fraudulent acts were committed more than two years before the discovery was made. The importance of changing the statute of limitations in regard to these ofiences was noticed in my last annual report. I can only repeat the earnest re- commendation then made. The current business of this bureau was brought up to date about the first of December last, and has been kept up since that time. The attainment of this desirable object is mainly attributable to the energy and industry of the cleri- cal force, Avhich is now fully adequate for all the service re- quired of this bureau. The general fidelity of the gentlemen composing this force deserves and receives my commendation. I have the honor to be, very respectfully, your obedient servant, L. P. WALDO, Commissioner of Pensions, Hon, K. McClelland, Secretary of the Interior. X.-INTEUNAL IMPEOVEMENTS. SPECIAL MESSAGE OF THE PRESIDENT. To the Senate and House of Representatives : In retuvning to the House of Representatives, in which it originated, a bill entitled "An act making appropriations for the repair, preservation, and completion of certain public works, heretofore commenced under authority of law," it be- came necessary for me, owing to the late day at which the bill was passed, to state my objections to it very briefly, an- nouncing, at the same time, a purpose to resume the subject for more deliberate discussion, at the present session of Con- gress; for, while by no means insensible of the arduousness of the task thus undertaken by me, I conceived that the two Houses were entitled to an exposition of the considerations M'hich had induced dissent, on my part, from their conclu- sions in this instance. The great constitutional question, of the power of the gen- eral government in relation to internal improvements, has been the subject of earnest difference of opinion, at every pe- riod of the history of the United States. Annual and special messages of successive Presidents have been occu])ied with it, sometimes in remarks on the general topic, and frequently in objection to particular bills. The conflicting sentiments of eminent statesmen, expressed in Congress, or in conventions called ex]n-essly to devise, if possible, some plan calculated to relieve the subject of the embarrassments with which it is environed, while they have directed public attention strongly to the magnitude of the interests involved, have yet left un- settled the limits, not merely of expediency, but of constitu- tional power, in relation to works of this class by the general government. What is intended by the phrase "internal improvements?" What does it embrace, and what exclude? No such lan- guage is found in the Constitution. Not only is it not an expression of ascertainable constitutional power, but it has no sufficient exactness of meaning to be of any value as the basis of a safe conclusion, either of constitutional lavi^ or of practical statesmanship. President John Quincy Adams, in claiming, on one occa- 220 INTERNAL IMPROVEMENTS. 221 sion, after his retirement from office, the authorship of the idea of introducing into the administration of the affairs of the general government "a permanent and regular system" of internal improvements, speaks of it as a system by whicli "the whole Union would have been checkered over with rail- roads and canals," aftbrding "high wages and constant em- ployment to himdreds of thousands of laborers;" and he places it in express contrast with the construction of such works by the legislation of the States and by private enter- prize. It is quite obvious, that, if there be any constitutional power which authorizes the construction of "railroads and canals" by Congress, the same power must comprehend turn- pikes and ordinary carriage roads; nay, it must extend to the construction of bridges, to the draining of marshes, to the erection of levees, to the construction of canals of irriga- tion — in a word, to all the possible means of the material im- provement of the earth, by developing its natural resources, anywhere and everywhere, even within the proper jurisdic- tion of the several States. But if there be any constitutional power, thus comprehensive in its nature, must not the same power embrace within its scope other kinds of improvement of equal utility in themselves, and equally important to the welfare of the whole country? President Jefferson, Avhile intimating the expediency of so amending the Constitution as to comi)rise objects of physical progress and well-being, does not fail to ])erceive that "other objects of public im- provement," including "public education," by name, belong- to the same class of powers. In fact, not only public in- struction, but hospitals, establishments of science and art, libraries, and indeed everything appertaining to the internal welfare of the country, are just as much objects of internal improvement, or, in other words, of internal utility, as canals and railways. The admission of the power in either of its senses, im|)lies its existence in the other; and since, if it exists at all, it in- volves dangerous augmentation of the political functions and of the patronage of the federal government, we ought to see clearly by what clause or clauses of the Constitution it is conferred. I have had occasion more than once to ex|)ress, and deem it proper now to repeat, that it is, in my judgment, to be ta- ken for granted, as a fundamental 2>roposition not requiring elucidation, that the federal government is the creature of the individual States, and of the peoi)le of the States severally; that the sovereign power was in them alone; that all the 222 INTERNAL IMPROVEMENTS. powers of the federal government are derivative ones, the enumeration and limitations of which are contained in the instrument which organized it; and by express terras, "The powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to the States respectively or to the people." Starting from this foundation of our constitutional faith, and proceeding to inquire in what part of the Constitution the power of making appropriations for internal improve- ments is found, it is necessary to reject all idea of there being any grant of power in the preamble. When that instrument says: "We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tran- quillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity," — it only declares the inducements and the an- ticipated results of the things ordained and established by it. To assume that anything more can be designed by the lan- guage of the preamble, would be to convert all the body of the Constitution, with its carefully weighed enumerations and limitations, into mere surplusage. The same may be said of the phrase in the grant of the power to Congress, "to pay the debts and provide for the common defence and gen- eral welfare of the United States;" or, to construe the words more exactly, they are not significant of grant or concession, but of restriction of the specific grants, having the effect of saying that, in laying and collecting taxes for each of the precise objects of power granted to the general government, Congress must exercise any such definite and undoubted power in strict subordination to the purpose of the common defence and general welfare of all the States. There being no specific grant in the Constitution of a power to sanction appropriations for internal improvements, and no general provision broad enough to cover any such indefinite object, it becomes necessary to look for particular powers, to which one or another of the things included in the phrase "internal improvements," may be referred. In the discussions of this question by the advocates of the organization of a "general system of internal improve- ments" under the auspices of the federal government, reli- ance is had, for the justification of the measure, on several of the powers expressly granted to Congress: such as to es- tablish post offices and post roads; to declare war; to pro- vide and maintain a nav}'; to raise and support armies; to regulate commerce; and to dispose of the territory and other public property of the United States. INTERNAL IMPROVEMENTS. 223 As to the last of tliese sources of power, that of disposinigj of tlie territory and other public property of the United States, it may be conceded, that it authorizes Congress, in the management of the public property, to make improve- ments essential to the successful execution of the trust; but this must be the primary object of any such improvement, and it would be an abuse of the trust to sacrifice the interest of the property to incidental purposes. As to the other assumed sources of general power over in- ternal improvements, they being specific powers, of which this is supposed to be the incident, if the framers of the Con- stitution, wise and thoughtful men as they were, intended to confer on Congress the power over a subject so wide as the whole field of internal improvements, it is remarkable that they did not use language clearly to express it; or, in other words, that they did not give it as a distinct and sub- stantive power, instead of making it the implied incident of some other one. For such is the magnitude of the supposed incidental power and its capacity of expansion, that any system established under it would exceed each of the others, in the amount of expenditure and number of the persons employed, which would thus be thrown upon the general government. This position may be illustrated by taking, as a single ex- ample, one of the many things comprehended clearly in the idea of "a general system of internal improvements," namely, roads. Let it be supposed that the power to construct roads over the whole Union, according to the suggestion of Presi- dent J. Q. Adams, in 1807, whilst a member of the Senate of the United States, had been conceded. Congress would have begun, in pursuance of the state of knowledge at tlie time, by constructing turnpikes. Then, as knowledge ad- vanced, it would have constructed canals; and at the present time, it would have been embarked in an almost limitless scheme of railroads. Now, there are in the United States, the results of State or private enterprize, upwards of 17,000 miles of railroads, and 5,000 miles of canals, in all 22,000 miles, the total cost of which may be estimated at little short of six hundred mil- lions of dollars; and if the same works had been constructed by the federal government, supposing the thing to have been practicable, the cost would have probably been not less than nine hundred millions of dollars. The number of persons employed in superintending, managing, and keeping up these canals and railroads may be stated at one hundred and twenty-six thousand, or thereabouts; to which are to be added seventy thousand or eighty thousand employed on the 224 INTERNAL IMPROVEMENTS. railroads in construction, making a total of at least two hun- dred thousand persons, representing in families nearly a mil- lion of souls, employed on or maintained by this one class of public works in tlie United States. In view of all this, it is not easy to estimate the disastrous consequences Avhich must have resulted from such extended local improvements being undertaken by the general gov- ernment. State legislation upon this subject would have been suspended, and private enterprize paralyzed, while ap- plications for appropriations would have perverted the legis- lation of Congress, exhausted the national treasury, and left the people burdened with a heavy public debt, beyond the capacity of generations to discharge. Is it conceivable that the framers of the Constitution in- tended that authority, drawing after it such immense conse- quences, should be inferred by implication as the incident of enumerated powers? I cannot think this; and the impossi- bility of supj)osing it would be still more glaring, if similar calculations were carried out in regard to the numerous ob- jects of material, moral, and political usefulness, of Avhich the idea of internal improvement admits. It may be safely inferred, that if the framers of the Constitution had intended to confer the power to make appropriations for the objects indicated, it would have been enumerated among the grants expressly made to Congress. When, therefore, any one of the powers actually enumerated is adduced or referred to, as the ground of an assumption to warrant the incidental or implied power of "internal improvement," that hypothesis must be rejected, or at least can be no further admitted than as the particular act of internal improvement may happen to be necessary to the exercise of the granted power. Thus, when the object of a given road, the clearing of a particular channel, or the construction of a particular harbor of refuge, is manifestly required by the exigencies of the naval or mili- tary service of the country, then it seems to me undeniable tliat it may be constitutionally comprehended in the powers to declare war, to provide and maintain a navy, and to raise and support armies. At the same time, it would be a mis- use of these powers, and a violation of the Constitution, to undertake to build upon them a great system of internal im- provements. And similar reasoning applies to the assump- tion of any such power as involved in that to establish post roads and to regulate commerce. If the particular improvement, whether by laud or sea, be necessary to the execution of the enumerated powers, then, but not otherwise, it falls within the jurisdiction of Congress. To this extent INTERNAL IMPROVEMENTS. 225 only can the power be claimed as the incident of any express grant to the federal government. But there is one clause of the Constitution in which it has been suggested, that express authority to construct works of internal improvement has been conferred on Con- gress, namely, that wliich empowers it " to exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the le- gislature of the State in which tlie same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings." But any such supposition will be seen to be groundless, when this provision is carefully examined, and compared Avith other parts of the Constitution. It is undoubtedly true, that " like authority" refers back to "exclusive legislation in all cases whatever," as applied to the District of Columbia ; and tliere is, in the District, no di- vision of powers as between the general and the State gov- ernments. In those places which the United States has purchased or retains within any of the States — sites for dock-yards or forts, for example — legal process of the given State is still permitted to run for some purposes, and therefore tlie juris- diction of the United States is not absolutely perfect. But let us assume, for the argument's sake, that the jurisdiction of the United States in a tract of land ceded to it for the purpose of a dock-yard or fort, by Virginia or Maryland, is as complete as in that ceded by them for the seat of govern- ment, and then proceed to analyze this clause of tlie Con- stitution. It provides that Congress sliall have certain legislative authority over all places purchased by the United States for certain purposes. It imi)lies that Congress has otherwise the power to purchase. But where does Congress get the })ower to purchase ? Manifestly it must be from some other clause of the Constitution, for it is not conferred by this one. Now, as it is a fundamental j^i'inciple that the Constitution is one of limited powers, the authority to purchase must be conferred in one of the enumerations of legislative power. So that the power to purchase is itself not an unlimited one, but is limited by the objects in regard to which legislative authority is directly conferred. The other expressions of the clause in question confirm this conclusion, since the jurisdiction is given as to places 29 226 INTERNAL IMPROVEMENTS. purchased for certain enumerated objects or purposes. Of these, the first great division, forts, magazines, arsenals and dock-yards are obviously referable to recognized lieads of specific constitutional power. There remains only the phrase "and other weerf/'^fnjuildings." Wherefore needful? Need- ful for any possible purpose Avithin the whole range of the business of society and of government? Clearly not; but only such " buildings" as are " needful" to the United States in the exercise of any of the powers conferred on Congress. Thus the United States need, in the exercise of admitted powers, not only forts, magazines, arsenals and dock-yards, but also court-houses, prisons, custom-houses, and post- offices, within the respective States. Places for the erection of such buildings the general government may constitu- tionally purchase, and, having purchased them, the jurisdic- tion over them belongs to the United States. So, if the general government has the power to build a light-house or a beacon, it may purchase a ])lace for that object ; and hav- ing purchased it, then this clause of tlie Constitution gives jurisdiction over it. Still the power to purchase for the l^urpose of erecting a light-house or beacon, must depend on the existence of the power to erect ; and if that power exists, it must be sought after in some other clause of the Constitution. From whatever point of view, therefore, the subject is re- garded, whether as a question of express or implied poAver, the conclusion is the same, that Congress has no constitu- tional authority to carry on a system of internal improve- ments ; and in this conviction the system has been steadily opposed by the soundest expositors of the functions of the government. It is not to be suj^posed that in no conceivable case shall there be doubt as to whether a given object be, or not, a necessary incident of the military, naval, or any other power. As man is imperfect, so are his methods of utter- ing his thoughts. Human language, save in expressions for the exact sciences, must always fail to preclude all possi- bility of controversy. Hence it is that, in one branch of the subject — the question of the power of Congress to make ap- propriations in aid of navigation — there is less of positive conviction than in regard to the general subject; and it therefore seems proper, in this respect, to revert to the his- tory of the practice of the government. Among the very earliest acts of the first session of Con- gress, was that for the establishment and support of light- houses, approved by President Washington on the 7th of August, 1789, which contains the following provisions : INTERNAL IMPROVEMENTS. 227 " That all expenses which shall accrue, from and after the fifteenth day of August, one thousand seven hundred and eighty-nine, in the necessary support, maintenance, and repairs of all light-houses, beacons, buoys and public piers, erected, j^laced, or sunk before the passing of this act, at tlie entrance of or within any bay, inlet, harbor, or port of the United States, for rendering the navigation thereof easy and safe, shall be defrayed out of the treasury of the United States : Provided, nevertheless, That none of the said ex- penses shall continue to be so defrayed, after the expiration of one year from the day aforesaid, unless such light-houses, beacons, buoys, and public piers shall, in the meantime, be ceded to, and vested in the United States, by the State or States, respectively, in which the same may be, together M'ith the lands and tenements tliereunto belonging, and to- gether with the jurisdiction of the same." Acts containing appropriations for this class of public works were passed in 1791, 1792, 1793, and so on, from year to year, down to the present time ; and the tenor of these acts, when examined with reference to other parts of the subject, is worthy of special consideration. It is a remarkable fact that, for a period of more than thirty years after the adoption of the Constitution, all appro- priations of this class were confined, with scarcely an ajipa- rent exception, to the construction of light houses, beacons, buoys, and public piers, and the stakeage of channels: — to render navigation "safe and easy," it is true, but only by indicating to the navigator obstacles in his waj^, not by removing those obstacles, nor in any other respect changing artificially the pre-existing natural condition of the earth and sea. It is obvious, however, that works of art for the removal of natural impediments to navigation, or to prevent their formation, or for supplying harbors where these do not exist, are also means of rendering navigation safe and easy; and may, in supposable cases, be the most efficient, as well as the most economical, of such means. Nevertheless, it is not until the year 1824 that, in an act to improve the navi- gation of the rivers Ohio and Mississippi, and in another act making appropriations for deepening the cliaunel leading ,into the harbor of Presque Isle, on Lake Erie, and for re- pairing Plymouth Beach, in Massachusetts Bay, we have any example of an appropriation for the improvement of harbors, in the nature of those provided for in the bill returned by me to the House of Representatives. It appears not probable that the abstinence of Congress in this respect is attributable altogether to considerations of 228 INTERNAL IMPROVEMENTS. economy, or to any failure to perceive that the removal of an obstacle to navigation might be not less useful than the in- dication of it for avoidance; and it may be well assumed that the course of legislation, so long pursued, was induced, in whole or in part, by solicitous consideration in regard to the constitutional power over such matters vested in Congress. One other peculiarity in this course of legislation is not less remarhahle. It is, that when the general government first took charge of light houses and beacons, it required the works themselves, and tlie lands on which they were situa- ted, to be ceded to the United States. And although for a time this precaution was neglected in the case of new works, in the sequel it was provided by general laws that no light house should he constructed on any site previous to the ju- risdiction over the same being ceded to the United States. Constitutional authority for the construction and support of many of the public works of this nature, it is certain, may be found in the power of Congress to maintain a navy and provide for the general defence; but their number, and, in many instances, their location, preclude the idea of their being fully justified as necessary and proper incidents of that power. And they do not seem susceptible of being referred to any other of the specific powers vested in Congress by the Constitution, unless it be that to raise revenue, in so far as this relates to navigation. The practice under all my pre- decessors in office, the express admissions of some of them, and absence of denial by any, sufiiciently numifest their belief that the power to erect light houses, beacons, and piers, is possessed by the general government. In the acts of Con- gress, as we have already seen, the inducement and object of the appropriations are expressly declared: those appropria- tions being for "light houses, beacons, buoys, and public piers" erected or placed "within any bay, inlet, harbor, or port of the United States for rendering the navigation thereof easy and safe." If it be contended that tliis review of tlie history of appro- priations of this class leads to the inference, that, beyond the purposes of national defence and maintenance of a navy, there is authority in the Constitution to construct certain works in aid of navigation, it is at the same time to be re- membered that the conclusions tlius deduced from cotem poraneous construction and long continued acijuiescence are themselves directly suggestive of limitations of constitution- ality, as well as expediency, regarding the nature and the description of those aids to navigation which Congress may provide as incident to the revenue power. For, at this point INTERNAL IMPROVEMENTS. 22^ controversy begins, not so much as to the principle as to its application. In accordance with long established legislative usage, Congress may construct light houses and beacons, and pro- vide, as it does, other means to prevent shipwrecks on the coasts of the United States. But the general government cannot go beyond this, and make improvements of rivers and harbors of the nature, and to the degree, of all the provisions of the bill of the last session of Congress. To justify such extended power, it has been urged that, if it be constitutional to appropriate money for the purpose of pointing out, by the construction of light houses or beacons, where an obstacle to navigation exists, it is equall)^ so to remove such obstacle, or to avoid it by the creation of an artificial channel; that if the object be lawful, then the means adopted solely with reference to the end must be lawful, and that therefore it is not material, constitutionally speaking, whether a given obstruction to navigation be indicated for avoidance, or be actually avoided by excavating a new chan- nel; that if it be a legitimate object of expenditure to preserve a ship from wreck, by means of a beacon, or of revenue cutters, it must be not less so to provide places of safety by the improvement of harbors, or, where none exist, by tlieir artificial construction; and thence the argument naturally passes to the jjropriety of improving rivers for the benefit of internal navigation: because all these objects are of more or less importance to the commercial, as well as the naval, interests of the United States. The answer to all this is, that the question of opening speedy and easy communication to and through all parts of the country, is substantiall}^ the same, whether done by land or water ; that the uses of roads and canals in facilitating commercial intercourse, and uniting by community of inter- ests the most remote quarters of the country by land com- munication, are the same in their nature as the uses of navi- gable waters ; and that therefore, the question of the facili- ties and aids to be provided to navigation, by wliatsocver means, is but a sub-division of the great question of the con- stitutionality and expediency of internal improvements by the general government In confirmation of this, it is to be remarked, that one of the most important acts of appropri- ation of this class, that of the year 1833, under the admin- istration of President Jackson, by including together and providing for, in one bill, as well river and harbor works, as road works, impliedly recognizes the fact that they are alike branches of the same great subject of internal improvements. 230 INTERNAL IMPROVEMENTS. As the population, territory and wealth of the country increased, and settlements extended into remote regions, the necessity I'or additional means of communication impressed itself upon all minds with a force which had not been expe- rienced at the date of the formation of the Constitution, and more and more embarrassed those who were most anxious to abstain, scrupulously, from any exercise of doubtful power. Hence the recognition, in the messages of Presidents Jeffer- son. Madison, and Monroe, of the eminent desirableness of such works, with admission that some of them could lawfully and should be conducted by the general government, but with obvious uncertainty of opinion as to the line between such as are constitutional and such as are not; such as ought to receive appropriations from Congress, and such as ought to be consigned to private enterprize, or the legislation of the several ►States. This uncertainty has not been removed by the practical working of our institutions in later times; for although the acquisition of additional territory, and the application of steam to the propulsion of vessels, have greatly magnified the importance of internal commerce, this fact has, at the same time, complicated the question of the power of the general government over the present subject. In fine, a careful review of the opinions of all my prede- cessors, and of the legislative history of the country, does not indicate any fixed rule by which to decide what, of the infinite variety of possible river and harbor improvements, are within the scope of the power delegated by the Consti- tution; and the question still remains unsettled. President Jackson conceded the constitutionality, under suitable cir- cumstances, of the improvement of rivers and harbors through the agency of Congress; and President Polk ad- mitted the propriety of the establishment and support, by ap- propriations from the treasury, of light houses, beacons, buoys, and other improvements, within the bays, inlets, and harbors of the ocean and lake coasts immediately connected with foreign commerce. But, if the distinction thus made rests upon the differences between foreign and domestic commerce, it cannot be re- stricted thereby to the bays, inlets, and harbors of the oceans and lakes, because foreign commerce has already j)enetrated thousands of miles into the interior of the continent by means of our great rivers, and will continue so to extend itself with the progress of settlement, until it reaches the limit of navigability. At the time of the adoption of the Constitution, the vast INTERNAL IMPROVEMENTS. 231 valley of the Mississippi, now teeming with population, and supplying almost boundless resources, was literally an un- explored wilderness. Our advancement has outstripped even the most sanguine anticipations of the fathers of the Re- public; and it illustrates the fact, that no rule is admissible which undertakes to discriminate, so far as regards river and harbor improvements, between the Atlantic or Pacific coasts, and the great lakes and rivers of the interior regions of North America. Indeed, it is quite erroneous to suppose that any such discrimination has ever existed in the practice of the government. To the contrary of which, is the significant liact before stated, that when, after abstaining from all such appropriations for more than thirty years, Congress entered upon the policy of improving the navigation of rivers and harbors, it commenced with the rivers Slississippi and Ohio. The Congress of the Union, adopting, in this respect, one of the ideas of that of the Confederation, has taken heed to declare, from time to time, as occasion required, either in acts for disposing of the public lands in the Territories, or in acts for admitting new States, that all navigable rivers within the same "shall be deemed to be and remain public highways." Out of this condition of things arose a question which, at successive periods of our public annals, has occupied the at- tention of the best minds in the Union. This question is, what waters are public navigaable waters so as not to be of State character and jurisdiction, but of Federal jurisdiction and character, in the intent of the Constitution and of Con- gress? A proximate, but imperfect, answer to this important question is furnished by the acts of Congress and the decisions of the Supreme Court of the United States, defining the con- stitutional limits of the maritime jurisdiction of the general government. That jurisdiction is entirely independent of the revenue power. It is not derived from that, nor is it mea- sured thereby. In that act of Congress which, in the first year of the government, orgauized our judicial system, and which, whether we look to the subject, the comprehensive wisdom Avith which it was treated, or the deference with which its provisions have come to be regarded, is only second to the Constitution itself, — there is a section in Avhich the states- men who framed the Constitution have placed on record their construction of this matter. It enacts that the district courts of the United States "shall have exclusive cognizance of all civil cases of admiralty and maritime jurisdiction, including all seizures under the law of impost, navigation, or trade of 232 INTERNAL IMPROVEMENTS. the United States, when the seizures are made on waters which are navigahle from the sea hy vessels of ten or more tons hurden, within their respective districts, as well as npon the high seas." In this cotemporaneous exposition of the Constitution, there is no traceof suggestion, that nationality of jurisdiction is limited to the sea, or even to tide-waters. The law is marked hy a sagacious apprehension of the fact that the great Lakes and the Mississippi were navigable waters of the United States even then, before the oacquisition of Louisiana had made wholly our own the territorial greatness of the West. It repudiates, unequivocally, the rule of the common law, according to which the question of whether a water is public navigable water or not, depends on whether it is salt or not, and therefore, in a river, confines that quality to tide water: a rule resulting from tlie geographical condition of England, and applicable to an island with small and nar- row streams, the only navigable portion of which, for ships, is in immediate contact with the ocean, but wholly inappli- cable to the great inland fresh water seas of America, and its mighty rivers, with secondary branches exceeding in magnitude the largest rivers of G-reat Britain. At a later period, it is true, that, in disregard of the more comprehensive definition of . navigability afforded by that act of Congress, it was for a time held by many, that the rule established for England was to be received in the Uni- ted States; the effect of which was to exclude from the ju- risdiction of the general government, not only the wiiters of the Mississippi, but also those of the great Lakes. To this construction it Avas with truth objected, that, in so far as con- cerns the Lakes, they are in fact seas, although of fresh wa- ter; that they are the natural marine communications be- tween a series of populous States, and between them and the possessions of a foreign nation; that they are actually navi- gated by ships of commerce of the largest capacity; that they had once been, and might again be, the scene of foreign war; and that therefore it was doing violence to all reason to undertake, by means of an arbitrary doctrine of technical foreign law, to exclude such waters from the jurisdiction of the general government. In regard to the river Mississi])pi, it was objected that, to draw a line across that river at the point of ebb and flood of tide, and say that the part below was public navigable water, and the part above not, while in the latter the water was at least equally deep and navigable, and its commerce as rich as in the former, with numerous ports of foreign entry and delivery, was to sanction a distinc- INTERNAL UrPROVEMENTS, 233 tion artificial and unjust, "because regardless of the real fact of navigability. We may conceive that some such considerations led to the enactment, in the year 1845, of an act, in addition to that of 1789, declaring that "the district courts of the United States shall have, possess, and exercise the same jurisdiction in matters of contract and tort, arising in, npon, or concerning steamboats, and other vessels of twenty tons burden and up- wards, enrolled and licensed for the coasting trade, and at the time employed in business of commerce and navigation betAveen ports and places in different States and Territories upon the Lakes, and navigable waters connecting said Lakes, as is now possessed and exercised by the said courts in cases of the like steamboats and other vessels employed in naviga- tion and commerce upon the high seas or tide-waters, within the admiralty and maritime jurisdiction of the United States." It is observable that the act of 1*789 applies the jurisdic- tion of the United States to all "waters which are navigable from the sea" for vessels of ten tons burden; and that of 1845 extends the jurisdiction to enrolled vessels of twenty tons burden, on the Lakes, and navigable waters connecting said Lakes, though not waters navigable from tlie sea, provided such v.essels be employed between places in different States and Territories. Thus it appears that these provisions of law, in effect, pre- scribe conditions by which to determine whether any waters are public navigatjle waters, subject to the authority of the federal government. The conditions include all waters, whether salt or fresh, and whether of sea, lake, or river, pro- vided they be capable of navigation by vessels of a certain tonnage, and for commerce, either between the United States and foreign countries, or between any two or more of the States or Territories of the Union. This excludes water wholly within any particular State, and not used as the means of commercial communication with any other State, and subject to be improved or obstructed, at will, by the State within which it may happen to be. The constitutionality of these provisions of statute has been called in question. Their constitutionality has been main- tained, however, by repeated decisions of the Supreme Court of the United States, and they are, therefore, the law of the land by the concurrent act of the legislative, the executive^ and the judicial departments of the government. Regarded as affording a criterion of what is navigable water, and as such subject to the maritime jurisdiction of the Supreme 30 234 INTERNAL IMPROVEMENTS. Court and of Congress, these acts are objectionable in this, that the rule of navigability is an arbitrary one; that Con- gress may repeal the present rule, and adopt a new one; and that thus a legislative definition will be able to restrict or enlarge the limits of constitutional })ower. Yet this variable- ness of standard seems inherent in the nature of things. At any rate, neither the first Congress, composed of the states- men of the era when the Constitution was adopted, nor any subsequent Congress, has afforded us the means of attaining greater precision of constriiction as to this part of the Con- stitution. This reflection may serve to relieve from undeserved re- proach an idea of one of the greatest men of the Republic, President Jackson. He, seeking amid all tlie difficulties of the subject for some practical rule of action in regard to ap- propriations for the improvement of rivers and harbors, pre- scribed for his own official conduct the rule of confining such appropriations to -'ijlaces below the ports of entry or delivery established by law." He saw clearly, as the authors of the above mentioned acts of 1789 and 1845 did, that there is no inflexible natural line of discrimination between what is na- tional and what local, by means of which to determine ab- solutely and unerringly at what point on a river the juris- diction of the United States shall end. He perceived, and of course admitted, that the Constitution, while conferring on the general government some power of action to render navi- gation safe and easy, had of necessity left to Congress much of discretion in this matter. He confided in the patriotism of Congress to exercise that discretion wisely, not permitting himself to suppose it possible that a port of entry or delivery would ever be established by law for the express and only purpose of evading the Constitution. It remains, therefore, to consider the question of the mea- sure of discretion in the exercise by Congress of the power to provide for the improvement of rivers and harbors, and also that of the legitimate responsibility of the Executive in the same relation. In matters of legislation of the most unquestionable con- stitutionality, it is always material to consider what amount of public money shall be appropriated for any particular ob- ject. The same consideration applies with augmented force to a class of appropriations which are in their nature i)ecu- liarly prone to run to excess, and which, being made in the exercise of incidental powers, have intrinsic tendency to overstep the bounds of constitutionality. If an appropriation for improving the navigability of a INTERNAL IMPROVEMENTS. 235 river, or deepening or protecting a harbor, have reference to military or naval purposes, then its rightfulness, whether in amount or in the objects to which it is applied, depends, manifestly, on the military or naval exigency; and the sub- ject matter affords its own measure of legislative discretion. But if the a]ipropriation for such an object have no distinct relation to the military or naval wants of the country, and is wholly, or even mainly, intended to promote the revenue from commerce, then the very vagueness of the proposed pur- pose of the expenditure constitutes a perpetual admonition of reserve and caution. Through disregard of this, it is un- deniable that, in many cases, appropriations of this nature have been made unwisely, without accomplishing beneficial results commensurate with the cost, and sometimes for evil, rather than good, independently of their dubious relation to the Constitution. Among the radical changes of the course of legislation in these matters, which, in my judgment, the public interest demands, one is a return to the primitive idea of Congress, which required in this class of public works, as in all others, a conveyance of the soil, and a cession of the jurisdiction to the United States. I think this condition ought never to have been waived in the case of any harbor improvement of a permanent nature, as where piers, jettees, sea-walls, and other like works are to be constructed and maintained. It would powerfully tend to counteract endeavors to obtain ap- propriations of a local character, and chiefly calculated to promote individual interests. The want of such a provision is the occasion of abuses in regard to existing works, ex- posing them to private encroachment without sufficient means of redress by law. Indeed, the absence, in such cases, of a cession of jurisdiction, has constituted one of the constitutional objections to appropriations of this class. It is not easy to jierceive any sulficient reason for requiring it in the case of arsenals or forts, which does not equally apply to all other public works ; if to be constructed and main- tained by Congress in the exercise of a constitutional j^iower of appropriation, they should be brought within the juris- diction of the United States. There is another measure of precaution, in regard to sucli appropriations, which seems to me to be worthy of the con- sideration of Congress. It is, to make appropriation for every work in a separate bill, so that each one shall stand on its own independent merits ; and if it pass, shall do so imder circumstances of legislative scrutiny, entitling it to 236 INTERNAL IMPROVEJIENTS. "be regarded as of general interest, and a proper subject of charge on the treasury of the Union. During that period of time in which the country had not come to look to Congress for appropriations of this nature.; several of the States, whose productions or geographical po- '. sition invited foreign commerce, had entered upon phans for the improvement of their harbors by themselves, and through means of support drawn directly from that commerce, in virtue of an express constitutional power, needing for its ex- ercise only the permission of Congress. Harbor improve- ments thus constructed and maintained, the expenditures upon them being defrayed by the very facilities they afford, are a voluntary charge on those only who see fit to avail themselves of such facilities, and can be justly complained of by none. On the other hand, so long as these improve- ments are carried on by appropriations from the treasury, the benefits will continue to inure to those alone who enjoy the facilities afforded, while the expenditure will be a bur- den upon the whole country, and the discrimination a double injury to places equally requiring improvement, but not equally favored by appropriations. These considerations, added to the embarrassments of the whole question, amply suffices to suggest the policy of con- fining appropriations by the general government to works necessary to the execution of its undoubted powers, and of leaving all others to individual enterprize, or to the separate States, to be provided for out of their own resources, or by recurrence to the provision of the Constitution, which au- thorizes the States to lay duties on tonnage with the consent of Congress. FRANKLIN PIERCE. Washington, December 30, 1854. XI.-THE COAST SURVEY. The survey of the Coast bep;iin by Mr. F. E. Hassler, in 1832, (after some fruitless earlier operations) has since his death in 1843, been under the charge of Prof. A. D. Bache, the present Superintendent. It is conducted under the Treasury Department, but is not a Bureau, being of a tem- porary character, and not possessing an organic structure adapted to that designation. The office is situated on Capi- tol Hill, some 300 yards from tlie Capitol, down New Jersey Avenue. During the portion of the year when the Super- intendent is not in the field, he has his office in the Coast Survey buildings, and in his absence he is represented by the Assistant in charge of the office. The coast is divided into eleven sections, extending in order from Maine around to Texas, and thence up the Pa- cific Coast. Operations are noAv in progress in all these sections, and thus the widest development of these labors is now nearly reached. The order of field work is essen- tially the following : 1st. Reconnoissaxce. — By this is meant that preliminary exploration Avhich is requisite to determine the proper points to be occupied as stations for observations, the sites of base lines, and the facilities and obstacles to the i'utnre conduct of 0})erations. 2d. Base Line Measurements. — Each section has at least one base of from five to ten miles long, which is measured by a very accurately compensating standard base apparatus of some 20 feet in length. From this base, all the other dis- tances in the section are deduced by a continuation of angle observations and computations. 3d. Astronomical and Magnetic Observations. — A limited number of the primary stations in each section are occupied for very accurate and detailed observations for latitude, lon- gitude and azimuth, whereby their positions on the earth are very precisely determined, and the bearings of the va- rious lines between the stations made known. The mag- netic elements are so observed as to serve botli practical and theoretical purposes. 4th. Triangulation. — Intervisible stations are successively occupied so as to spread along the entire coast a connected net work of triangles, all the angles in which are mea- 237 238 THE COAST SURVEY. sured by accurate theodolite observations. The main tri- angulation, whose sides are the longest, is called the pri- mary, and is carried from the base over the section, with as few stations as possible. The secondary and tectiary trian- gulations work down from the primary to all the points whose positions are to be determined. By discussing the astronomical and primary triangulation observations, the geodetic results concerning the lengths of latitude and lon- gitude degrees, and the figure of the earth, are finally to be brought out. 5th. Topography. — Having by the triangulation deter- mined so many points that a convenient sized field sheet on the scale of j-sin-s will contain some three or more of these points, the country under survey is distributed into a series of sheets, on which these points being accurately plotted, it only remains to fill in all the details of surface in their cor- rect relation to these points. This is done by the plane table and other instruments, so that a series of sheets is produced giving all the accidents of ground, the shore lines, the hill slopes, &c., graphically located and represented. All these topographical distances refer back to the section base line. Gtli. Hydrography. — Having a correct shore line from the topographical sheets, and points fixed by the triangulation, these are plotted on large sheets for the hydrographic parties. These proceed to execute a series of soundings, located by the signals on shore, or new ones referred to the given points, so that all the soundings can be plotted in correct relation to the shore line. A series of tidal observations is made at the same time, by which all soundings are referred to the same plane of reference which is usually that of mean low water. Current observations are also made, so as to de- velop all the essential hydrographic features of the water surveyed. Soundings are conducted by shore references, by intermediate signal vessels, or by latitude and longitude observations to such a distance ofi' the shore as is needed to unfold all the main peculiarities of the bottom within prac- ticable soundings. The Gulf Stream has been observed also, especially in relation to temperature. Thus all the hydro- graphic operations proceed in tlie train of the triangulation, each sounding being located by reference to the same con- nected scheme of fixed points. Passing now to the Office operations, wliich are necessary to make all these observations available for charts and other I)urposes, we find a similar train of processes is still to be gone through, which is briefly the following: THE COAST SURVEY. 239 1st. The Archives. — All the journals of astronomical, magnetic and triangulation observations, all the topographic and hydrographic sheets, all the note books of soundings, sextant angles, &c., all the special records of longitude ope- rations by telegraph and chronometers, the specimens of bottoms, &c., indeed all records of observations of whatever sort, are brought together and arranged systematically in one fire proof repository called the Archives. Here also the library of the survey is kept. All these materials require to be so administered as to make all and each at once available. 2d. Computations. — The astronomical, magnetic, triangu- lation and tidal observations, require to be subjected to the process of computation, to bring out the final results required for use, in the shape of latitudes, longitudes, azimuths, dis- tances, &c. Two sets of computations are made as a check on each other. 3d. Drawing. — Preparatory to the final charts, drawings are made in which the points are accurately plotted, and the topography and hydrography from the several sheets re- duced to the publication scale and accurately combined. Skill, taste, and fidelity to the originals are first requisites, and all measures are taken to ensure superior style and great accuracy in the drawings. 4th. Engraving. — The drawing of a chart being completed, it is placed in the engraver's hands, to be transferred by the graver into the copper plates. Careful tracings of the parts, being made on fish glue or tracing paper, the outlines are re- versed on a wax coating and then drawn into the copper. The style is elaborated in the engraver's execution of hills, woods, marshes, &c., so as to unite beauty and truth. Sail- ing directions, notes, titles, &c., are added, and at last the engraved plate is finished. 5th. Electrotyping. — Before proceeding to the printing it is essential to procure copies of the finished plate by means of the electrotype art, as otherwise the costly originals would soon be worn out and re-engraving would be neces- sary. By galvanic action, a cojiper case of the plate is made, on which all the graver lines appear in relief, and casts be- ing again taken from this, come out perfect duplicates of the original. These are then employed by the printer. The art of electroty})ing copper plates is in the very highest perfection at the Coast Survey office. 6th. Printing. — The printer from the electrotype copper plates proceeds to work off the impressions required to meet the demands for sale and distribution. The plates in the 240 THE COAST SURVEY. Coast Survey Eeports are printed by transfer on to stone, as the number is too great for copper-plate printing. Thus, the long train of field and office operations reach their culmination in the series of general coast and harbor charts, many of which have already appeared, and to the list of which each year is steadily adding. They embrace all the best elements of perfect charts, and when our entire sea- board is thus pictorially presented, nothing will be lacking to the hydrographic facilities for commerce and navigation along our extensive coast. From the annual report of the Superintendent for 1854, in a summary view of the progress of the survey up to this time, we learn that the chain of triangulation of the Coast Survey now extends, with a single broken link of fifteen miles, from Penobscot bay, in Maine, to Bogue sound, in North Carolina. South of this it crosses Cape Fear entrance, and passes up the river to Wilmington, includes Winyah bay and Georgetown harbor, and the coast from the Ashley river to St. Helena sound, Calibogue sound and the Savan- nah river to the head of Argyle island, and St. John's river entrance; connects the Florida reefs and keys from Cape Florida to Key Roderiguez, and from the Pine islands to Key West; extends from Crystal river offing to Cedar Keys, in- clusive, on the western coast of the Florida peninsula, over Ocilla river entrance; connects Mobile with New Orleans and passes from Mobile to the Gulf, and across Mississippi sound, and through Lake Borgne and Lake Ponchartrain to New Orleans; includes Galveston Lower and Upper bays, and East and West bays, and passes the coast to the head of Ma- tagorda bay, and covers the entrance of the Rio Bravo del Norte. In some cases the main triangulation leads and in others follows, affording first and last the check which the minor work requires. It rests upon carefully measured bases which, when imited, serve as bases of verification. A preliminary triangulation is made whenever a specially im})ortant locality requires survey out of the regular course, and is brought subsequently into the general scheme. Upon this series of points determined by the triangula- rion, the plane table surveys rest, furnishing the shore line and details of topography, and with these the hydrography is readily and accurately executed. It gives the sound- ings, pointing out shoals and rocks to be avoided and chan- nels to be followed, the set and drift of currents, and the rise and fall of tides. It would be difficult to find a country which presents a greater variety in the coast, to wbich dif- THE COAST SURVEY. 2^^ "T ferent plans of survey should be adapted, or more varied fea- tures in the oceans which wash it, in all their relations of depth, of current, and of tide. The land work finds its most interesting applications amongst the hills and mountains of the eastern coast and on the islands and adjacent main of the Grulf of Mexico, and the hydrography in that great stream which connects the Gulf of Mexico with the northern seas; in exploring the shoals and depths of the great Gulf in which it has its source, and the depths and shoals of tlie nortli and east whence return is made for its flow. It might at first be supposed that in the beaten tracks of commerce and navigation, such a survey had merely to map down accurately and laboriously what, was before imperfectly known and carelessly traced. But, even the approaches to our great marts of commerce have not failed to yield actual discoveries or developments so near akin to theni that it is difficult to draw the line between them. Gedney's channel off New York has associated the name of that veteran hydrographer Avith discovery in the most fre- quented port of the Union. Blake's channel, in the Dela- ware, Davis' shoal, and Davis' bank, near Nantucket, Stell- wagen's bank at the entrance of Massachusetts bay, Almy's shoal, off Cape Charles, Jenkins' channel, across Cape Fear shoals, Maffitt's channel, at Charleston, and Rodger's chan- nel, at Key West, have connected their skill and patient re- search with the most thronged routes and customary ap- proaches. The pilot or navigator follows the middle way without seeking to the right or to the left, sounding only when necessity requires, his object being to carry his single vessel into port; the surveyor explores tlie entire approach, carrying his vessel into places deemed both safe and unsafe, that he may develop their facilities or discover their dangers. The result of this exploration for the last year exhibits the following list of developments and discoveries: List of Coast Survoj Discoveries and Developments for 1854. 1. Determination of the dimensions of Alden's rock, near Cape Elizabeth, Maine. 2. A bank (Stellwagen's bank) with ten and a half to four- teen and a half fathoms of w^ater on it, at the entrance to Massaciiusctts bay, and serving as an imjiortant mark for approaching Boston and other harbors. 3. A dangerous sunken ledge (Davis' ledge) to the east- ward and in the neighborhood of Minot's ledge. 4. Several rocks in the fair channel way, in Boston harbor entrance. 31 242 THE COAST SURVEY. 5. The tidal currents of Xantucket shoals and the ap- proaches. 6. The tidal currents of Long Island sound. 7. The changes in New York harbor near the citv between 1845 and 1854. 8. The general permanence of the Bodkin channel, and shoals in its vicinity, at the entrance of the Patapsco river, between 1844 and 1854. 9. A shoal (New Point shoal) in Chesapeake bay with six- teen feet water on it, S. E. from New Point Comfort light- house, off Mobjack ba}'. 10. A reconnoissance of the Wimble shoals, near Nag's head, coast of North Carolina. 11. The general permanence in depth on the bar of Beau- fort, N. C, witli the change of position of the channel. 12. The changes in Matfit's channel, Charleston harbor, S. C, from 1852 to 1854. 13. A harbor of refuge (Turtle harbor) to the northward and westward of Carysport light-house, Florida reef, with a depth of water of twenty-six feet at the entrance. 14. A safe rule for crossing the Florida reef, near Indian 15. Cotidal lines for the Atlantic coast of the United States. 16. An increase of depth of water on the bar at Pass Four- chon, Louisiana. 17. A shoal at the entrance to the Straits of Rosario, Washington Territory, giving good holding ground in thirty- three feet. 18. Belle rock, in the middle of Piosario strait, Washing- ton Territory, visible only at extreme low tides. 19. Entrance rock at the entrance of Rosario strait. 20. Unit rock, in the Canal de Haro, Washington Terri- tory. 21. A five fathom shoal in the strait of Juan de Fuca, be- tween Canal de Haro and Rosario strait. 22. The non-existence of two islands at the northern en- trance of Canal de Haro, laid down on charts. 23. The non-existence of San Juan island, usually laid among the Santa Barbara group. 24. Tides of San Diego, San Francisco and Astoria. A statement of the Coast Survey field work, in each of the eleven sections during the year 1854, is contained in the following summary: Section I. — Coast of Maine, Neiv Hanipsliire, Massacliu- setfs, and Rhode Idand. — Ragged mountain, near Camdeu, THE COAST SURVEY. 243 Maine, has been occupied as a priraary station, astronomical and magnetic observations being also made tliere. The lines of sight reach forward to Mt. Desert and Humpback mountain in Brewster. The reconnoissance has been continued to the eastern boundary. The triangulation of C-asco bay has been extended to Cape Small Point, entrance of the Kennebeck. The topography of Baker's island, part of Cape Small Point, of the approaches to Portland harbor, of Cape Neddick, and to include Ognnquit harbor, in Maine, of the vicinity of Newbury port, Massachusetts, from the connection with the former work south of it, of part of the vicinity of Boston to determine certain changes for the State Commissioners, and of the approaches to Plymouth harbor, has been executed. A hydrographic reconnoissance of the eastern part of Egge- moggiu reach, Maine, has been made; some additional hydro- graphy in and near Portland harbor for the City Commission has been executed. The hydrography of Massachusetts bay has been commenced, including the sounding out of a four- teen fathom bank at the entrance. The inshore Avork from Nahant to Marblehead has been completed. A dangerous ledge oif the Minot's and several rocks at the entrance of Boston harbor have been determined. The oftshore work from the 'northward of Cape Cod to Monomoy has been commenced. Deep sea soundings have been made from the Nantucket shoals outwards, from S. E. round to George's bank. The hy- drography of the north side of the Vineyard and Nantucket sounds, and eastward from the former work, including the sounding out of Horse Shoe, Luccowesset and L'Homme Dieu shoals, has been completed. A jiortion of a section from Nantucket south eastwardly across the Gulf Stream has been run. The tides of these sounds and their approaches have been investigated. The regular tidal station at Boston has been kept up. The current observations of the Nantucket shoals and in Muskeget channel have been worked up. Views have been taken for the sheets of Salem and Gloucester har- bors. The discussion of the results of the chronometer expeditions between Cambridge and Liverpool has been completed. Examinations in regard to the necessity for light houses and the selection of sites have been made, under the law, at Baker's island, Eggemoggin Reach, Isle au Haut Thoroughfare, Castine, Tenant's harbor. South island, Dama- riscotta river entrance. Wood island near Cape Small Point, and Keunebunk pier, Maine, and at Westport, Massachusetts. The computations and reductions of the season's work have been kept up. The following maps, charts and sketches be- longing to this section have been drawn or are in progress: — 244 THE COAST SURVETT. Portland harbor, York harbor and Cape Neddick, Annisquam and Ipswich harl)ors, Gloucester harbor, Plymouth harbor, Monoinoy shoals, Nantucket shoals, Bass river harbor, Mus- kep;et channel, eastern series Nos. 2 and 3, and current chart of Nantucket shoals. The engraving of the following plates has been completed during the year: — Alden's rock, Minot's ledge, Wellfleet harbor, Nantucket shoals and sound, Pig's reef off Cuttyhunk; and tlie ibllowing are in progress, Ports- mouth harbor, Newburyport harbor, Salem harbor, Boston harbor, Monomoy harbor, Muskeget channel, and eastern series from Point Judith to Nantucket shoals, three plates. Section II. — Coast of Connecticut, New York, Neio Jersey, Pennsi/lvanm and Delaivare. — Observations for latitude, azi- muth and magnetic elements have been made at Mount Rose station, N. J. and at Yard station, Penna. The trian- gulation of the Hudson has been carried from the limits of last year to Blue Point Hill, Ulster Co., N. Y., and the topo- graphy and hydrography to near Fort Montgomery, and including the wide part of the river known as the Haverstraw bay. The east and north rivers have been re-surveyed to determine the changes there, and systematic observations of currents made. The city shore has been re-determined to connect with the survey just mentioned. Tidal observations have been continued at Governor's island with the self regis- tering gauge. Special current observations have been made at sea off the south shore of Long Island. Examinations of light house sites have been made at Pine island, Niautic, Black Point and Southport, Conn., and Race Point and Hor- ten's Point, N. Y., and others are in i)rogress at Absecum bar. Bower's beach, and mouth of Old Duck creek. Drawings have been made of Long Island sound No. 1, re-drawn in part, comparative chart of Romer shoals and Flynn's knoll, 1835 to 1854, shore line of part of Manhattan island, chart of currents of Long Island sound. The engraving is in progress or completed of Long Island sound. No. 1 south side of Long island, Nos. 2 and 3 current cliart of Long island sound and of Romer shoal and Flynn's knoll. Section III. — Coast of JJelaiunre, Maryland ami Virginia. — Observations of the solar eclipse of May 2Gth were made at the Seaton station, Washington, and Roslyn station, Peters- burg. Telegraphic differences of longitude have been deter- mined between Petersburg, Va. and Wilmingt )n, N. C. The stations of the main triangulation of t!ie Chesapeake coui- pk'ted last year have been generally secured. The secondary triangulation of James river from Richmond to Harrison's bar has been completed and its extension is in progress. The THE COAST SURVEY. 245 topography of the ocean shore near Drnmniondtown has heen continued from Metorakin to Wachapreague inlets; that of the Chesapeake has furnished the shoreline of York. Pocosin and Back river entrances, has been carried up James river from its mouth to Warwick river on one side and to Day's [loint on the other, has included the muutli of Nanse- mond river and extended up Elizabeth river beyond Ports- mouth and Norfolk, and along the shore to Turner's creek. The topography of the immediate shores of the Rappahannock lias been carried from Port Ptoyal to Ta]ipal)annock. Veri- fication work has been done on Back river, Maryland, and Meekin's neck. The hydrography of Chesapeake bay proper lias been completed, including the sounding of Hampton Roads and of the Elizabeth river, and harbor of Norfolk. The hydrography of the Ra})pahannock has been carried to Port Royal, and that of James river entrance has been com- menced and extended to the limits already stated for the topography. A re-survey has been made off the Bodkin channel and approaches, at the entrance of the Patapsco river, to test changes there. The tidal station at Old Point Comfort has been continued, and tem2)orary stations on the James river have been occupied. Drawings have been made or are in progress of Chesapeake bay, sheets Nos. 1, 2 and 3, first series, and Nos. 1 and 2 of second series, a general chart of the bay, preliminary charts of the James and Appomattox rivers, and of the Rappahannock river, and sea coast of Vir- ginia No. 2. Sketches have been engraved of the sea coast of Virginia No. 2, Wachapreague, Machipungo, and Metora- kin inlets, Virginia, of Ship and Sand shoal inlets, of Cape Charles and the vicinity, and Cherrystone inlet, and Pungo- teague creek, Virginia, and maps of the Chesapeake bay, No. 1 and No. 2, and of Patapsco river, re-engraving, are in progress. Section IV. — Coast of Virginia and North Carolina. — The difference of longitude of Raleigh, Nortli Carolina, and Co- lumbia, South Carolina, has been determined as part of the connection between Washington and New Orleans, and the latitude and magnetic elements measured at Raleigh. Wil- mington, North Carolina, has been connected with Peters- burg, Virginia, for difference of longitude I'rom Washing- ton, and its latitude and magnetic elements determined. The secondary triangulation has been carried north of Cur- rituck sound to within fifteen miles of Cape Henry, and south- ward over Bogue sound towards New river. The topography of Cape Fear river has been finished, that of Currituclj: sound has made some progress in connection with the tri- 246 THE COAST SUU\'EY. angulation, and that of Beaufort harbor has been completed. The hydrography of Beaufort harbor and its dependencies and approaches has been completed. A reconnoissance of the Wimble shoals has also been executed. Tidal observations have been made at Cape Hatteras, at Cape Lookout, and Beaufort entrance, and at Bald Head, Cape Fear. A line of levels for connecting the tidal stations, has been run from Wilmington to Smithville, North Carolina. Maps and charts have been finished or are in progress, of Beaufort harbor, Cape Fear river, reconnoissance of Wimble shoals, of the Gulf Stream, with diograms of temperatures on different sections, charts of Albemarle sound. One sheet preliminary of tlie same sound, Nos. 1 and 2 of Beaufort harbor, of Wim- ble slioals reconnoissance, of Ca})e Fear entrance and New Inlet, new edition, of the Cxulf Stream explorations and the diagrams, and of cotidal lines of the Atlantic coast, have been engraved during the year or are in progress. Section V. — Coast of South Carolina and Georgia. — A gen- eral reconnoissance has been made from the Santee river to the Ashley. The latitude of Allston station, near George- town, South Carolina, approximate longitude, and the mag- netic elements have been determined. The telegraphic dif- ference of longitude between Columbia, South Carolina, and Kaleigh, North Carolina, part of the line from Washington to New Orleans, and the latitude and magnetic elements at Columbia have been determined. Astronomical observations at Charleston were continued during part of the year. The primary triangulation between the Edisto base and Charles- ton has made some progress, and the secondary triangula- tion connected with it, has been executed up the Mundo river to Donnell's island. The secondary triangulation east of Charleston, has been extended. That of Savannah river entrance and Calibogue sound to May river, has been com- pleted. The topography of Seabrooks and Kiawah island, of the mouths of the Stono and Kiawah rivers, of Cove island and part of John's and Folly islands, has been com- pleted. Mafiitt's channel has been re-surveyed, and the im- portant changes develoi)ed. The hydrography of the entrance to Savannah river has been completed. The tidal station in Charleston harbor has been kept u}), and temporary stations there and at St. Simons established. A comparative map of Mafiitt's channel in 1852 and 1851, has been made, and one of Winyah bay and Georgetown harbor and of Savan- nah river commenced. The preliminary map of Charleston harbor is nearly completed ; North Edisto river, new edition, is engraved. THE COAST SURVEY. 247 Section VI. — Coast, Keys and Beefs of Florida. — A re- connoissance has been carried from the St. John's river to Ju- piter inlet on the eastern coast of the peninsula of Florida. Astronomical observations have been made to connect Key AVest and Mobile for difference of longitude. The secondary trianp:nlation has been extended from East harbor key to near Loggerhead key, outside of the keys, and inside over Card's and Barnes' sound, to Grassy Point, and has fur- nished points near Collin's Patches. The topography has been carried from Old Rhodes key westward to Wednesday Point, and from Boca Chica north and east over several keys, marking them for the Land Office. The hydrogra- phy of the reef has been executed from Pacific reef to near Key Eodriguez, and a reconnoissance of Collin's Patches, has been made. Turtle harbor, near Carysfort reef has been surveyed. A winter exi)loration of the Oulf Stream has been made across it on the St. Simon's and Cape Canaveral sec- tions. Tides have been observed at St. Augustine harbor and entrance, at Cape Florida, and at Eganouk key, Tampa bay. Drawings are completed of the reconnoissance of the eastern coast of the Florida Peninsular, of Turtle harbor, Florida reef, and of Collin's Patches, and the first sheet of the chart of Florida reefs, has been commenced. The maps of St. John's river entrance and of Key West harbor, have been engraved. A sketch of the reconnoissance of the western coast of the peninsula of Florida, and tidal diograms for Key West harbor have been engraved during the year. Section VII. — Part of the Coast of Florida. — A prelimi- nary base has been measured at St. Andrew's bay, and a tri- angulation laid out. Determinations of latitude and longi- tude have been made at Cape San Bias and at St. Andrew's bay, and azimuth observations at tlie latter place. A small triangulation and topographical survey of Ocilla river en- trance has been made. The topography of Cedar keys and approaches has been completed, and the hydrography has made considerable progress. Tidal observations have been taken near St. Marks. The reconnoissance of the middle or main and western entrances of St. George's sound has been engraved. Section VIII. — Coast of Alabama, 3Iississippi and, Loiiisi^ ana. — A reconnoissance has been made for the main trian- gulation from lake Borgne to the delta of the Mississippi, and from New Orleans to Barataria bay. Also for the trian- gulation from Atchafalaya to Vermillion bay. A special reconnoissance of Pass Fourchou entrance to Bayou La 248 THE COAST SURVEY. Fourche has also been made. The primary trianpjulation of Mississippi sound has been resumed. Tlie secondary trian- gulation from Lake Ponchartrain to New Orleans has been completed so far as to connect Mobile and New Orleans. The inshore hydrography of the Gulf has been completed from tlie meridian of Round island westward to Chandeleur sound, and of Mississippi sound to the former work at Cat and Ship islands. Search has been made for a shoal re- ported south of the Belize, and its site has been sounded over. Tidal observations have been taken at Calcasieu. Drawings have been executed of the progress sketch of a chart of deep sea soundings off the Mississippi and of Pass Fourchon. The charts and sketches engraved during the year have been, besides the progress sketches, Horn Island Pass, new edition, Pascagoula river entrance, and Ship Island shoal or Isle Deruiere. Mobile bay, Nos. 1 and 2, are in progress. Section IX. — Coast of Louisiana and Texa^. — A triangu- lation and topographical survey of the entrance of the Rio Bravo del Norte, and for four miles up tlie river liavc been made, and the h3'drography of the entrance and approaches executed for the boundary commissioii. The tidal observa- tions at Galveston and at Bolivar point have been completed. The hydrography of Galveston bay near Red Fish bar, and of part of East and West bays has been completed. Tidal observations have been taken at Aransas pass and at the Brazos St. Jago, belonging to the general series for the Gulf of Mexico. The progress sketch and a topographical sheet of the mouth of the Rio Grande have been drawn. The sketches of Sabine pass, of Galveston bay entrance, of San Louis pass, of Aransas pass, and of the Rio Grande entrance, have been engraved within the year, or are in progress. Sections X and XL — Coast of California, and of Ore- gon and Washington Territories. — Observations for latitude and azimuth and magnetic elements liave been made at Humboldt bay. Magnetic observations have also been made at San Diego, San Pedro, San Luis Obispo and at Monterey. The primary trianguiation and secondary con- nected with it, resting on the Pulgas preliminary base, have been carried north to Ballonas bay and south to Monterey, and the tertiary trianguiation along the immediate shore lias been ccnnmenced. A tertiary trianguiation has been carried over Ballenas bay and to Duxbury reef The trianguia- tion for connecting the Santa Barbara Islands and main, rest- ing on the Los An*ades base, has been carried from Las Bol- THE COAST SURVEY. 249 sas to Point Duma, and Santa Catalina island has been connected with the main. The triangulation of the Gulf of Georgia and approaches has made good progress. The to- pography of 8an Francisco bay has been continued and ex- tended to Point San Matteo, and that of the coast north to Duxbury reef, completed. The topography of Monterey bay has been completed from the Salinas river on the south to the north of Ano Nuevo, and a party is at work towards Point Lobos, San Francisco entrance. The hydrography of Toinales bay has been executed. That of Humboldt bay from Eureka, to include the entrance and north to Eel river, has been finished. That of Lummi, and other islands in the Gulf of Georgia, executed. The hydrography of San Fran- cisco entrance and approaches has been nearly completed. That of the inner bay has made some progress. Um(|uali river entrance has been sounded out. A bank off the coast of Oregon has been explored. Seattle harbor and Port Townsend, Puget's sound, Wasliington Territory, have been sounded out. The hydrography of the Straits of Rosario and approaches has been completed, and that of the Gulf of Georgia continued. Examinations for light houses have been made at Aiio Nuevo, and Anacapa island, and others for Punta de los Reyes, Point Lobos, harbor of San Pedro, harbor of Santa Cruz, bay of Monterev, harbor of Santa Bar- bara, Umquah, Blunt's or Smith's island. New Dungeness and Cape Shoalwater are in progress. Permanent tide gauges have been established at San Diego, San Francisco and As- toria, and temporary ones at San Pedro, San Luis (3bispo, Monterey, Humboldt bay, and Port Oxford. Drawings liave been completed of Alden's reconnoissance, Nos. 2 and 3, of Santa Cruz harbor, of Point Ano Nuevo^, of Pulgas base, of Shelter cove, Mendocina city, Port Oxford or Ewing harbor, and Crescent city, of Umquah river and of tidal diagrams. The following maps and charts are in progress: Alden's re- connoissance No. 2, Santa Cruz, Point Aiio Neuvo, Shelter cove, Mendocina city, Port Oxford or Ewing harbor, and Crescent city harbor and anchorages, and of Umquah river entrance. The following have been engraved during the year: Alden's reconnoissance, San Diego to San Francisco, new edition, the Cortez bank, San Diego harbor entrance, tidal diagrams for Rincon point, the site of the Pulgas base, the tidal diagrams for San Diego, San Francisco, and Astoria. The observations of the field parties, as they have been turned into the office, have been computed, and when ap- 32 250 THE COAST SURVEY. proved, passed into the arcliivcs. The topographical maps and hydrographical charts with the computed results have furnished the data from which the new maps and sketches referred to have been drawn and engraved. Some plates liave been jirepared for the annual report not coming under the head of any of the sections. The engraved maps have been electrotyped, and from these plates impressions taken for publication. Tlie numerous sketches of progress and others accompanying the report are in part from this data. The operations of the survey for the last two years have been so seriously embarrassed by the general advance of prices, as to call for a reduction of the scale of surveying operations, or an increase of the several appropriations. The Superintendent has therefore estimated the appropria- tions for the next year at an advance of twenty per cent, for the Atlantic coast, and somewhat more than tliat for the Florida reefs and keys. No increase is asked for the western coast, and it is suggested that the appropriation for publish- ing records and results may be diminished. The Report of 1854 is more abundant in the results of the Coast Survey observations, disciLs.sions and researches, than any of its predecessors. Its contributions to geodesy and the related sciences are exceedingly rich and varied, and we regret that our limits will not permit us to avail ourselves more largely of its contents. Among tlie valuable results embodied in the Report, to which we can only allude, are a table showing the de])ths which can be carried into some of the principal harbors, bays, &c., on the coast of the United States; a table of Mag- netic Declinations, one of the most extensive and laborious contributions ever made to the physical science of our coun- try ; accounts of the several discoveries and developments of the year; several reconnoissances; reports on the com- mercial facilities of Chesapeake bay, Tampa bay. Cedar keys, and Humboldt bay; various tidal papers; an elabo- rate geodetic paper on the application of the method of least squares to the primary triangulatiou; Captain Crane's re- port on the methods of measuring heights; a description of Professor Bache's base apparatus; Professors Pierce, Bond, and Kendall on the longitudes by moon culminations; ob- servations on the solar eclipse of 1854; Doctor Gould's re- ports ou telegraphic longitude and Pierce' criterion; a dis- cussion of cotidal lines on the Atlantic coast, and of the diurnal inequality of the Pacific coast tides; a paper on Grulf THE COAST SURVEY. 251 stream temperatures; discussions of the currents of Nan- tucket shoals, Muskeget channel, and Long Island sound; tide tables for the United States coast; very extensive and complete descriptions of Mitchell's tide gauge and Craven's sounding box; a report ou Mr. Mathiot's self sustaining- battery, and a report on the art of engraving. To these might be added sundry special reports on light house examinations and other incidents of the year's opera- tions; also, a full consolidated index of the Coast Survey Keports for the last ten years. XII.-ORGANIZATION OF TERRITORIES. Tliirty-TMrd Congress, Sess, I. Cli. 59, 1854. AN ACT TO ORGANIZE THE TERRITORIES OF NEBRASKA AND KANSAS. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the territory of the United States included within the following limits, except such portions thereof as are hereinafter expressly exempted from the operations of this act, to wit: beginning at a point in the Missouri River where the fortieth parallel of north latitude crosses the same; thence west on said parallel to the east boundary of the Ter- ritory of Utah, on the summit of the Rocky Mountains; thence on said summit northward to the forty-ninth parallel of north latitude; thence east on said parallel to the western boun- dary of the territory of Minnesota; thence southward on said boundary to the Missouri River; thence down the main chan- nel of said river to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Nebraska; and when admitted as a State or States, the said Territory, or any portion of the same, shall be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission: Pro- vided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States: Provided further, That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such right shall re- main unextinguished by treaty between the United States and such Indians, or to include any territory wdiich, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdic- tion of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the Territory of Nebraska, until said tribe shall signify their 252 ORGANIZATION OF TERRITORIES. 253 assent to the President of the United States to be included within the said Territory of Nebraska, or to affect the au- thority of the government of tlie United States to make any reguhations respecting such Indians, their lands, ])roperty, or other riglits, by treaty, law, or otherwise, which it would have been competent to the government to make if this act had never ]vassed. Sec. 2. And he it further enacted, That the executive power and authority in and over said Territory of Nebraska shall be vested in a Governor, who shall hold his office for four years, and until his successor shall be appointed and quali- fied, unless sooner removed by the President of the United States. The Governor shall reside within said Territory, and shall be commander-in-chief of the militia thereof He may grant pardons and respites for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, and shall take care that the laws be faithfully exe- cuted. Sec. 3. And he it further enacted, That there shall be a Sec- retary of said Territory, who slmll reside therein, and hold his office for five years, unless sooner removed by the Presi- dent of the United States; he shall record and preserve all the laws and ]iroceedings of the Legislative Assembly herein- after constituted, and all the acts and proceedings of the Governor in his executive department; he sliall transmit one co]\v of tlie laws and journals of the Legislative Assembly Avithin thirty days after the end of each session, and one copy of the executive proceedings and official corres])ondence semi- annually, on the first days of January and July in each year to the President of the LTnited States, and two co})ies of tlie laws to the President of the Senate and to tlie Sjieaker of the House of Representatives, to be deposited in the libraries of Congress; and in case of the death, removal, resignation, or absence of the Governor from the Territory, the Secretary shall be, and he is hereby, authorized and required to exe- cute and perform all the powers and duties of the Governor during such vacancy or absence, or until another Governor shall be duly appointed and qualified to fill such vacancy. Sec. .4. And: he it further enacted. That the legislative power and authority of said Territory shall be vested in the Gov- ernor and a Legislative Asseml)ly. The Legislative Assembly shall consist of a Council and House of Rei^resentatives. The Council shall consist of thirteen members, having the quali- 254 ORGANIZATION OF TERRITORIES. fications of voters, as hereinafter prescribed, whose term of service shall continue two years. The House of Representa- tives shall, at its first session, consist of twenty-six members, possessinj^ the same qualifications as prescribed for members of the Council, and whose term of service shall continue one year. The number of representatives may be increased by the Legislative Assembly, from time to time, in proportion to the increase of qualified voters: Provided, That the whole number shall never exceed tliirty-nine. An apportionment shall be made, as nearly equal as jiracticable, among the several counties or districts, for the election of the council and representatives, giving to each section of the Territory representation in the ratio of its qualified voters as nearly as may be. And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district or county, or counties for which they may be elected, respectively. Previous to the first election, the Gov- ernor shall cause a census, or enumeration of the inhabitants and qualified voters of the several counties and districts of the Territory, to be taken by such persons and in such mode as the Governor shall designate and appoint; and the per- sons so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such time and places, and l)e conducted in such manner, both as to the l^ersons wlio shall superintend such election and the returns thereof, as the Governor shall appoint and direct; and he sliall at the same time declare the number of members of the Council and House of Representatives to Avhich each of the counties or districts shall be entitled under this act. The ])ersons having the highest number of legal votes in each of said council districts for members of the Council, shall be de- clared by the Governor to be duly elected to the Council; and the persons having the highest number of legal votes for the House of Representatives, shall be declared by the Governor to be duly elected members of said house: Provided, That in case two or more persons voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur in either branch of the Legislative Assembly, tlie Governor shall order a new election; and the persons thus elected to the Legislative Assembly shall meet at such place and on such day as the Governor shall api)oint; but thereafter, the time, place, and manner of holding and conducting all elec- tions by the people, and the apportioning the representation in the several counties or districts to the Council and House of Representatives, according to the number of rj[ualified vo- ters, shall be prescribed by law, as well as the day of the ORGANIZATION OF TERRITORIES. 255 commencement of the regular sessions of the Legislative As- sembly: Provided, That no session in anyone year shall ex- ceed the term of forty dfiys, except the first session, wliich may continue sixty days. Sec. 5. Awl he it further enacted, That every free white male inhabitant above the age of twenty-one j^ears, who shall be an actual resident of said Territory, and shall possess the qualifications hereinafter prescribed, shall be entitled to vote at the first election, and shall be eligible to any office Avithin the said Territory ; but the qualifications of voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the Legislative Assembly : Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States and those who shall have declared on oath their intention to be- come such, and shall have taken an oath to support the Con- stitution of the United States and the provisions of this act : And provided fui-tlter, That no officer, soldier, seaman, or marine, or other person in the army or navy of the LTnitcd States, or attached to troops in the service of the United States, shall be allowed to vote or hold office in said Terri- tory, by reason of being on service therein. Sec. 6. And he it further enacted, That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of this act ; but no law shall be passed interfering w^ith the primary disposal of the soil ; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. Every bill which shall have passed the Council and House of Representatives of the said Territory shall, before it be- come a law, be presented to the Governor of the Territory ; if he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the Gov- ernor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like 256 ORGANIZATION OF TERRITORIES. manner as if he had signed it, unless the Assembly, by ad- journment, prevents its return, in which case it shall not be a law. Sec. T. And he if further enacted, That all townsliip, dis- trict, and county officers, not herein otherwise provided for, sliall be appointed or elected, as the case may be, in such manner as shall be provided by the Governor and Legislative Assembly of the Territory of Nebraska. The Governor shall nominate, and, by and with the advice and consent of tlie Legislative Council, appoint all officers not herein other- wise provided for ; and in the first instance the Governor alone may appoint all said officers, who shall hold their of- fices until the end of the first session of the Legislative As- sembly ; and shall lay off the necessary districts for mem- bers of the Council and House of Representatives, and all other officers. Sec. 8. And he it further enacted, That no member of the Legislative Assembly shall hold, or be appointed to, any office which shall have been created, or the salary or einolu- ments of which shall have been increased, Avliile he was a member, during the term for which he was elected, and for one year after the expiration of such term ; but this restric- tion shall not be applicable to members of the first Legisla- tive Assembly ; and no person holding a commission or ap- pointment under the United States, except Postmasters, shall be a member of the Legislative Assembly, or hold any office under the government of said Territory. Sec. 9. And he it further enacted, That the judicial power of said Territory shall be vested in a Supreme Court, Dis- trict Courts, Probate Courts, and in Justices of the Peace. The Supreme Court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually, and they shall hold their offices during the period of four years, and until their successor shall be appointed and qualified. The said Territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the Su- preme Court, at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively reside in the districts which shall be assigned them. The jurisdiction of the several courts herein j)rovided for, botli appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law : Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or ORGANIZATION OF TERRITORIES. 257 boundaries of land may he in dispute, or where the debt or sum claimed shall exceed one hundred dollars ; and the said supreme and district courts, respectively, shall possess chan- cery as well as common law jurisdiction. Each District Court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals shall be allowed in all cases from the final decisions of said district courts to the Supreme Court, under such regulations as may be pre- scribed by law ; but in no case removed to the Supreme Court shall trial by jury be allowed in said court. The Su- preme Court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error, and appeals from the final decisions of said Su- preme Court, shall be allowed, and may be taken to the Su- preme Court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or af- firmation of either party, or other competent witness, shall exceed one thousand dollars ; except only that in all cases involving title to slaves, the said writs of error, or appeals shall be allowed and decided by the said Supreme Court, without regard to the value of the matter, property, or title in controversy ; and except also that a writ of error or appeal shall also be allowed to the Supreme Court of the United States, from the decision of the said Supreme Court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus, involving the question of personal free- dom : Provided, that nothihg herein contained shall be con- strued to apply to or affect the provisions to the "act respect- ing fugitives from justice, and persons escaping from the service of their masters," approved February twelfth, seven- teen hundred and ninety-three, and the " act to amend and supplementary to the aforesaid act," approved September eighteen, eighteen hundred and fifty ; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and Laws of the United States as is vested in the Circuit and District Courts of the United States ; and the said Supreme and District Courts of the said Territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are granted by the judges of the 33 258 ORGANIZATION OF TERRITORIES. United States in the District of Columbia ; and the first six days of every term of said courts, or so much thereot as shall he necessary, shall he appropriated to the trial of causes arising under the said constitution and laws, and writs ot error and appeal in all such cases shall he made to the bu- preme Court of said Territory, the same as in other cases. The said clerk shall receive in all such cases the same tees which the clerks of thedistrict courts of Utah Territory now receive for similar services. . . Sec. 10. And be it further enacted, That the provisions ot an act entitled "An act respecting fugitives from justice, and persons escaping from the service of their masters," approved February twelve, seventeen hundred and ninety-three, and the provisions of the act entitled "An act to amend and sup- plementary to, the aforesaid act," approved September eigh- teen, eighteen hundred and fifty, be, and the same are hereby, declared to extend to and be in full force withm the limits of said Territory of Nebraska. Sec. 11. And be it further enacted, That there shall be ap- pointed an Attorney for said Territory, who shall continue in office for four years, and until his successor shall be ap- pointed and qualified, unless sooner removed by the President, and who shall receive the same fees and salary as the Attorney of the United States for the present Territory of Utah. There shall also be a Marshal for the Territory appointed, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as Circuit and District Courts of the United States; he shall perform the duties, be subject to the same regulation and penalties, and be entitled to the same fees, as the Marshal ot the District Court of the United* States for the present ier- ritory of Utah, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services. Sec 12. And be it further enacted, That the Governor, Secretary Chief Justice, and Associate Justices, Attorney and Marshal, shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President ot the United States. The Governor and Secretary to be appointed as aforesaid, shall, before they act as such, respectively take an oath or affirmation before the District Judge or some Justice of the Peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the Chief Justice, or some Associate Justice of the Supreme Court of the United States, ORGAXIZATION OP TERRITORIES. 259 to support the Constitution of the United States, and faith- fully to discharge the duties of their respective offices, which said oaths, when so taken, shall he certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said Secretary among the Executive proceedings; and the Chief Justice and Asso- ciate Justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said Governor or Secretary, or some Judge or Justice of the Peace of the Territory, who may be duly com- missioned and qualified, Avhich said oath or affirmation shall be certified and transmitted by the person taking the same to the Secretary, to be by him recorded as aforesaid; and, afterwards, the like oath or affirmation shall be taken, certi- fied, and recorded, in such manner and form as may be pre- scribed by law. The Governor shall receive an annual salary of two thousand five hundred dollars. The Chief Justice and Associate Justices shall each receive an annual salary of two thousand dollars. The Secretary shall receive aia annual salary of two thousand dollars. The said salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the Treasury of the United States; but no such payment shall be made until said officers shall have entered upon the duties of their respective appointments. The members of the Legislative Assembly shall be entitled to receive three dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route; and an additional allowance of three dollars shall be paid to the presiding officer of each house for each day he shall so preside. And a chief clerk, one assistant clerk, a sergeant- at-arms, and doorkeeper may be chosen for each house; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day, during the session of the Legislative Assembly; but no other officers shall l)e paid by the United States : Provided, That there shall be out one session of the legislature annually, unless, on an extraordinary occasion, the Governor shall think proper to call the legislature together. There shall be appropriated, annually, the usual sum, to be expended by the Governor, to defray the contingent expenses of the Territory, including the salary of a clerk of the Executive Department; and there shall also be apjiropriated, annually, a sufficient sum, to be expended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of 260 . ORGANIZATION OF TERRITORIES. the United States, to defray the expenses of the Legislative Assembly, the printing of the laws, and other incidental expenses; and the Governor and Secretary of the Territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the Secretary of the Treasury of the United States, and shall, semi-annually, account to the said Secretary for the manner in which the aforesaid moneys shall have been expended; and no expen- diture shall be made by said Legislative Assembly for ob- jects not specially authorized by the acts of Congress, ma- king the appropriations, nor beyond the sums thus appro- priated for such objects. Sec. 13. A7id he it further enacted, That the Legislative Assembly of the Territory of Nebraska shall hold its first session at such time and place in said Territory as the Grov- ernor thereof shall appoint and direct; and at said first ses- sion, or as soon thereafter as they shall deem expedient, the Governor and Legislative Assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said Governor and Legislative Assembly. " Sec. 14. And be it further enacted, That a delegate to the House of Kepresentatives of the United States, to serve foi the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect mem- bers of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other Territories of the United States to the said House of Kepresentatives, but the delegate first elected shall hold his seat only during the term of the Congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner, as the Governor shall appoint and direct; and at all subsequent elections the times, places, and manner of holding the elections, shall be prescribed by law. The per- son having the greatest number of votes shall be declared by the Governor to be duly elected; and a certificate thereof shall be given accordingly. That the Constitution and all Laws of the United States which are not locally inapplicable, shall have the same force and efiect within the said Terri- tory of Nebraska as elsewhere within the United States, ex- cept the eighth section of the act preparatory to the admis- sion of Missouri into the Union, approved March sixth, eigh- teen hundred and twenty, which, being inconsistent with the principle of non-intervention by Congress with slavery in the ORGANIZATION OF TERRITORIES. 261 States and Territories, as recognized by the legislation of eighteen hundred and fifty, commonly called the Compro- mise Measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legis- late slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States : Provided, that nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of sixth March, eighteen hundred and twenty, either protecting, establishing, prohibiting, or abol- ishing slavery. Sec. 15. And he it further enacted, That there shall hereaf- ter be appropriated, as has been customary for the Territorial governments, a sufficient amount, to be expended under the direction of the said Governor of the Territory of Nebraska, not exceeding the sums heretofore appropriated for similar objects, for the erection of suitable public buildings at the seat of government, and for the purchase of a library, to be kept at the seat of government for the use of the Governor, Legislative Assembly, Judges of the Supreme Court, Secre- tary, Marshal, and Attorney of said Territory, and such other persons, and under such regulations, as shall be pre- scribed by law. Sec 16. And he it further enacted, That when the lands in the said Territory shall be surveyed under the direction of the government of the United States, preparatory to bring- ing the same into market, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being ap- plied to schools in said Territory, and in the States and Ter- ritories hereafter to be erected out of the same. Sec. 17. And he it further enacted, That, until otherwise provided by law, the Governor of said Territory may define the Judicial Districts of said Territory, and assign the judges who may be appointed for said Territory to the seve- ral districts; and also appoint the times and places for hold- ing courts in the several counties or subdivisions in each of said Judical Districts by proclamation, to be issued by him; but the Legislative Assembly, at their first or any subse- quent session, may organize, alter, or modify such Judicial Districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient. Sec. 18. A^id he it further enacted, That all officers to be 262 ORGANIZATION OF TERRITORIES. appointed by the President, by and with the advice and con- sent of the Senate, for the Territory of Nebraska, who, by virtue of the provisions of any law now existing, or which may be enacted during the present Congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security, at such time and place, and in such manner, as the Secretary of the Treasury may prescribe. Sec. 19. Aiid be it further enacted, That all that part of the Territory of the United States included within the following limits, except such portions thereof as are hereinafter ex- pressly exempted from the operations of this act, to wit, be- ginning at a point on the western boundary of the State of Missouri, Avhere the thirty-seventh parallel of north latitude crosses the same; thence west on said parallel to the eastern boundary of New Mexico; thence nortli on said boundary to latitude thirty-eight ;' thence following said boundary westward to the east boundary of the Territory of Utah, on the summit of the Kocky Mountains; thence northward on said summit to the fortieth parallel of latitude; thence east on said parallel to the western boundary of the State of Missouri; thence south Avith the western boundary of said State to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Kansas; and when admitted as a State or States, the said Territory, or any portion of the same, shall be received into the Union with or with- out slavery, as their Constitution may prescribe at the time of their admission: Provided, That nothing in this act con- tained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient aud proper, or from attaching any portion of said Territory to any other State or Territory of the United States : Provided further, That nothing in this act contained shall be construed to impair the rights of per- son or property now pertaining to the Indians in said Ter- ritory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of tlie territory of Kansas, until said tribe shall signify their assent to the President of the United States to be included within the said Terri- ORGANIZATION OF TERRITORIES. 263 tory of Kansas, or to affect the authority of the govern- ment of the United States to make any regulation respecting such Indians, their lands, property, or other rights, by treaty, hxw, or otherwise, which it would have been com- petent to the government to make if this act had never passed. Sec. 20. And be it further enacted, That the executive power and authority in and over said Territory of Kansas shall be vested in a G-overnor, who shall hold his office for four years, and until his successor shall be appointed and quali- fied, unless sooner removed by the President of the United States. The Governor shall reside within said Territory, and shall be commander-in-chief of the militia thereof He may grant pardons and respites for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the Pre- sident can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, and shall take care that the laws be faithfully executed. Sec. 21. And he it further enacted, That there shall he a Secretary of said Territory, who shall reside therein, and hold his office for five years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the Legislative Assembly hereinafter constituted, and all the acts and proceedings of the Governor in his Executive Department; he shall trans- mit on© copy of the laws and journals of the Legislative As- sembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspon- dence semi-annually, on the first days of January and July in each year, to the President of the United States, and two copies of the laws to the President of the Senate and to the Speaker of the House of Representatives, to be deposited in the libraries of Congress; and, in case of the death, removal, resignation, or absence of the Governor from the Territory, the Secretary shall be, and he is hereby, authorized and re- quired to execute and perform all the powers and duties of the Governor during such vacancy or absence, or until an- other Governor shall be duly appointed and qualified to fill such vacancy. Sec. 22. And he it further enacted, That the legislative power and authority of said Territory shall be vested in the Governor and a Legislative Assembly. The Legislative As- sembly shall consist of a Council and House of Representa- tives. The Council shall consist of thirteen members^ having 264 ORGANIZATION OF TERRITORIES. the qualifications of voters, as hereinafter prescribed, whose term of service shall continue two years. The House of Re- presentatives shall, at its first session, consist of twenty-six members, possessing^ the same qualifications as prescribed for members of the Council, and whose term of service shall continue one year. The number of representatives may be increased by the Legislative Assembly, from time to time, in proportion to the increase of qualified voters : Provided, That the whole number shall never exceed thirty-nine. An ap- portionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the Council and Representatives, giving to each section of the Territory representation in the ratio of its qualified voters, as nearly as may be. And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district or county, or counties, for which they may be elected, respectively. Previous to the first elec- tion, the Governor shall cause a census, or enumeration of the inhabitants and qualified voters of the several counties and districts of the Territory, to be taken by such persons and in such mode as the Governor shall designate and ap- point ; and the persons so appointed shall receive a reason- able compensation therefor. And the first election shall be held at such time and places, and be conducted in such man- ner, both as to the persons who shall superintend such elec- tion and the returns thereof, as the Governor shall appoint and direct ; and he shall at the same time declare the num- ber of members of the Council and House of Representatives to which each of the counties or districts shall be entitled under this act. The persons having the highest number of legal votes in each of said Council districts for members of the Council, shall be declared by the Governor to be duly elected to the Council ; and the persons having the highest number of legal votes for the House of Representatives, shall be declared by the Governor to be duly elected members of said house : Provided, That in case two or more persons voted for shall have an equal number of votes, and in case a va- cancy shall otherwise occur in either branch of the Legisla- tive Assembly, the Governor shall order a new election ; and the persons thus, elected to the Legislative Assembly shall meet at such place and on such day as the Governor sliall appoint ; but thereafter, the time, place, and manner of hold- ing and conducting all elections by the people, and the ap- portioning the representation in the several counties or dis- tricts to the Council and House of Representatives, according to the number of qualified voters, shall be prescribed by law, OKGANIZATION OF TERRITORIES. 265 as well as the day of the commencement of the regular ses- sions of the Legislative Assembly : Provided, That no ses- sion in any one year shall exceed the term of forty days, ex- cept the first session, which may continue sixty days. Sec. 23. And he it further enacted, That every free white male inhabitant above the age of twenty-one years, who shall he an actual resident of said Territory, and shall possess the qualifications hereinafter prescribed, shall be entitled to vote at the first election, and shall be eligible to any office within the said Territory ; but the qualifications of voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the Legislative Assembly : Provided, That the right of suffrage and of holding office shall be ex- ercised only by citizens of the United States, and those who shall have declared, on oath, their intention to become such, and shall have taken an oath to support the Constitution of the United States and the provisions of this act : And, provi- ded further. That no officer, soldier, seaman, or marine, or other person in the army or navy of the United States, or at- tached to troops in the service of the United States, shall be allowed to vote or hold office in said Territory by reason of being on service therein. Sec. 24. And he it furtJier enacted. That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of this act ; but no law shall be passed interfering with the primary disposal of the soil ; no tax shall be imposed upon the projierty of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. Every bill Avhich shall have passed the Council and House of Representatives of said Territory shall, before it become a law, be presented to the Governor of the Territory ; if he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, Avho shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and, if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house, respective- ly. If any bill shall not be returned by tbe Governor within three days (Sundays excepted) after it shall have been pre- sented to him, the same shall be a law in like manner as if 34 266 ORGANIZATION OF TERRITOIITES. lie had signed it, unless the Assembly, by adjournment, pre- vent its return, in which case it shall not be a law. Sec. 25. And he it further enacted, That all township, dis- trict, and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the Governor and Legisla- tive Assembly of the Territory of Kansas. The G-overnor shall nominate, and, by and with the advice and consent of the Legislative Council, appoint all officers not herein other- wise provided for ; and, in the first instance, the Governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the Legislative Assembly ; and shall lay off the necessary districts for mem- bers of the Council and House of Representatives, and all other officers. kSec. 26. And he it further enacted, That no member of the Legislative Assembly shall hold, or be appointed to, any office which shall have been created, or the salary or emolu- ments of which shall have been increased, while he was a member, during the term for which he was elected, and for one year after the expiration of such term ; but this restric- tion shall not be applicable to members of the first Legisla- tive Assembly; and no person holding a commission or ap- pointment under the United States, except postmasters, shall be a member of the Legislative Assembly, or shall hold any office under the government of said Territory. Sec. 27. And he it further enacted, That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The Su- preme Court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Ter- ritory annually ; and they shall hold their offices during the period of four years, and until their successors shall be ap- pointed and qualified. The said Territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the Su- preme Court, at such times and places as may be prescribed by law ; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law : Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or ORGANTZATION OF TERRITORIES. 267 sum claimed shall exceed one hundred dollars ; and the said supreme and district courts, respectively, shall possess chan- cer}'" as well as common law jurisdiction. Each District Court, or the judge thereof, shall appoint its clerk, who sliall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals, shall be allowed in all cases from the final decisions of said district courts to the Supreme Court, under such regulations as may be prescribed by law ; but in no case removed to the Supreme Court shall trial by jury be allowed in said court. The Supreme Court, or the jus- tices thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error, and appeals from the final decisions of said Supreme Court, shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under tlie same regulations as from the Circuit Courts of the United States, where tlie value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other compe- tent witness, shall exceed one thousand dollars ; except only that in all cases involving title to slaves, the said writs of error or appeals shall be allowed and decided by said supreme court, without regard to the value of tlie matter, property, or title in controversy ; and except also that a writ of error or appeal shall also be allowed to the Supreme Court of the United States, from the decision of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus, involving the question of personal freedom : Provided, That nothing herein contained shall be construed to apply to or affect the provisions of the " act re- specting fugitives from justice, and persons escaping from the service of their masters," apjjroved February twelfth, seventeen hundred and ninety-three, and the "act to amend and supplementary to the aforesaid act," approved September eighteenth, eighteen hundred and fifty ; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and laws of the United States as is vested in the Circuit and District Courts of the United States ; and the said supreme and district courts of the said Territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are granted by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as may be ne- 268 ORGANIZATION OF TERRITOBIES. cessar}-, shall be appropriated to the trial of causes arising under the said Constitution and laws, and writs of error and ap[)oal in all snch eases shall l)e made to tlie Supreme Court of said Territory, the same as in other cases. The said clerk shall receive the same fees, in all such cases, which the clerks of the district courts of Utah Territory now receive for sim- ilar services. 8eo. 28. Jlnd he it further enacted, That the provisions of the act entitled "An act respecting;' fu<2;itives from justice, and persons escapin<; from the service of tlieir masters," ap- proved February twelfth, seventeen hundred and ninety- three, and the provisions of the act entitled "An act to amend, and supplementary to, the aforesaid act," approved September eighteenth, eighteen hundred and fifty, be, and the same are hereby, declared to extend to and be in full force within the limits of the said Territory of Kansas. Sec. 29. And he it further enacted, That there shall be ap- pointed an attorney for said Territory, who shall continue in office for lour years, and until his successor shall be ap- pointed and qualified, unless sooner removed by the Presi- dent, and who shall receive the same fees and salary as the Atti)rney of the United States for the present Territory of Utah. There shall also be a marshal for the Territory appointed who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President, and Avho shall execute all pro- cesses issuing from the said courts when exercising their ju- risdiction as Circuit and District Courts of the United States; he shall perform the duties, be subject to the same regula- tions and penalties, and be entitled to the same fees, as the Marshal of the District Court of the United States for the present Territory of Utah, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services. Sec. oO. And he it further enacted, That the Governor, Secretary, Chief Justice, and Associate Justices, Attorney, and Marshal, shall be nominated, and, by and with the ad- vice and consent of the Senate, appointed by the President of the United States. The Governor and Secretary to be appointed as aforesaid shall, before they act as such, respec- tively take an oath or affirmation before the district judge or some justice of the peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the Chief Justice or some As.sociate dustice of the Supreme Court of the United States, to support the Constitution of the United States, and ORGANIZATION OF TERRITORIES. 269 faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall he certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said secre- tary amono; the executive proceedings; and the Chief Justice and Associate Justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said Governor or Secretary, or some Judge or Justice of the Peace of the Territory who may be duly commissioned and qualified, which said oath or affir- mation shall be certified and transmitted by the person taking the same to the Secretary, to be by him recorded as aforesaid; and, afterwards, the like oath or affirmation shall be taken, certified, and recorded, in sucli manner and form as may be prescribed by law. The Governor shall receive an annual salary of two thousand five hundred dollars. The Chief Justice and Associate Justices shall receive an annual salary of two thousand dollars. The Secretary shall receive an annual salary of two thousand dollars. The said salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the Treasury of the United States; but no such payment shall be made until said officers shall have entered upon the duties of their respective appointments. The members of the Legislative Assembly shall be entitled to receive three dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route; and an additional allowance of three dollars shall be paid to the presiding officer of each house for each day he shall so preside. And a chief clerk, one assistant clerk, a sergeant-at-arms, and door-keeper, may be chosen for each house ; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day, during the session of the Legislative Assembly; but no other officers shall be paid by the United States : Provided, That there shall be but one session of the Legislature annually, unless, on an extraordinary occasion, the Governor shall think proper to call the Legislature together. There shall be appropriated, annually, the usual sum, to be expended by the Governor, to defray the contingent expenses of the Territory, including the salary of a clerk of the Executive Department, and there shall also be appropriated, annually, a sufficient sum, to be expended by the Secretary of the Territory, and upon an es- timate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the Legislative As- 2T0 ORGANIZATION OP TERRITORIES. sembly, the printing of the laws, and other incidental ex- penses; and the Governor and Secretary of the Territory shall, in the disbnrsement of all moneys intrusted to them, be governed solely by the instructions of the Secretary of the Treasury of the United States, and shall, semi-annually, ac- count to the said Secretary for the manner in which the aforesaid moneys shall have been expended; and no expen- diture shall be madeby said Legislative Assembly for objects not specially authorized by the acts of Congress making the appropriations nor beyond the sums thus appropriated for such objects. Sec. 31. And be it further enacted, That the seat of gov- ernment of said Territory is hereby located temporarily at Fort Leavenworth; and that such portions of the public buildings as may not be actually used and needed for military purposes, may be occupied and used, under the direction of the Grovernor and Legislative Assembly, for such public purposes as may be required under the provisions of this act. Sec. 32. And he it farther enacted, That a delegate to the House of Representatives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised and en- joyed by the delegates from the several other Territories of the United States to the said House of Representatives, but the delegate first elected shall hold his seat only during the term of the Congress to which he shall be elected. The first election shall be held at such time and places, and be con- ducted in such manner, as the Grovernor shall appoint and direct; and at all subsequent elections, the times, places, and manner of holding the elections shall be prescribed by law. The person having the greatest number of votes shall be de- clared by the Governor to be duly elected, and a certificate thereof shall be given accordingly. That the Constitution, and all laws of the United States which are not locally in- applicable, shall have the same force and effect within the said Territory of Kansas as elsewhere within the United States, except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March sixth, eighteen hundred and twenty, which, being incon- sistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of eighteen hundred and fifty, commonly called the Compromise Measures, is hereby declared inope- rative and void; it being the true intent and meaning of this ORGANIZATION OF TERRITORIES. 271 act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof per- fectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regu- lation which may have existed prior to the act of sixth of March, eighteen hundred and twenty, either protecting, estab- lishing, prohibiting, or abolishing slavery. Sec. 33. And he it further enacted, That there shall here- after be appropriated, as has been customary for the territo- rial governments, a sufficient amount, to be expended under the direction of the said Governor of the Territory of Kan- sas, not exceeding the sums heretofore appropriated for simi- lar objects, for the erection of suitable public buildings at the seat of government, and for the purchase of a library, to be kept at the seat of government for the use of the Gfov- ernor. Legislative Assembly, Judges of the Supreme Court, Secretary, Marshal, and Attorney of said Territory, and such other persons, and under such regulations, as shall be pre- scribed by law. Sec. 34. And he it further enacted, That when the lands in the said Territory shall be surveyed under the direction of the government of the United States, preparatory to bring- ing the same into market, sections numbered sixteen and thirt3^-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being ap- plied to schools in said Territory, and in the States and Ter- ritories hereafter to be erected out of the same. Sec. 35. And he it further enacted, That until otherwise provided by law, the Governor of said Territory may define the Judicial Districts of said Territory, and assign the judges who may be appointed for said Territory to the several dis- tricts; and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts by proclamation to be issued by him; but the Legislative Assembly, at their first or any subsequent session, may organize, alter, or modify such judicial dis- tricts, and assign the judges, and alter the times and places of holding the courts as to them shall seem proper and convenient. Sec 36. And he it further enacted, That all officers to be appointed by the President, by and with the advice and con- sent of the Senate, for the Territory of Kansas, who, by virtue of the provisions of any law now existing, or which may be enacted during the present Congress, are required to give 2*72 ORGANIZATION OF TERRITORIES. security for moneys that may be intrusted with them for dis- bursement, shall give such security, at such time and place, and in such manner as the Secretary of the Treasury may prescribe. Sec. 37. And be it further enacted, That all treaties, laws, and other engagements made by the government of the United States with the Indian tribes inhabiting the territo- ries embraced within this act, shall be faithfully and rigidly observed, notwithstanding any thing contained in this act; and that the existing agencies and superintendencies of said Indians be continued with the same powers and duties which are now prescribed by law, except that the President of the United States may, at his discretion, change the location of the office of superintendent. Approved, May 30, 1854. XIII.-rOPvEIGN ArrAins. DENMARK AND THE SOUND DUES. [Ex. Doc. No. 108, House of Representatives, 1st Session 33d Congress.] 3Ir. Jackson to the Secretary of State. [No. 6.] Legation of the U. States, Copenhagen, December 1, 1841. Sir: Iu compliance with the instructions contained in your despatch No. 6, I have made minute inquiries in lehxtion to the practical effect of the new tarifl' of Sound dues on American commerce, and more especially as to the duty im- posed by this tariti' upon the two items named by you — to wit, raw sugar and rice in paddy. I hasten to lay before you the result of my investigation. The proposed object of the new tariff was to correct the arbitrary and indefinite mode of ascertaining the Sound dues on certain articles not enumerated in the tariff of the treaty of Christianople, and to correct the ad valorem duty calcu- lated on those articles, according to the rule laid down in the od section of the treaty of 1715, into a specific duty l)y the means of a fixed valuation. The treaty of Christianople, to which reference has been made in all subsequent treaties in relation to the Sound dues, was concluded on the IGth of August, in the year 1G45, be- tween Denmark and the Netherlands, It is the earliest treaty between Denmark and any foreign power in which the amount of duty to be paid on the passage of the Sound and the Belts was fixed with any degree of certainty. By this convention a tariff of specific duties was established on nearly three hundred enumerated articles; and it was further agreed that "all merchandise not specified in this list should be reckoned after mercantile usage, and as had been the custom from time immemorial.' That is to say, according to the best Danish writers on the subject, "conformably to the denomination of these non-specified articles," they should either be compared with tliose specified to which they bore the greatest resemblance, and tbe calcu- tion to be made on that basis, or they should be reckoned according to their value, and tlie duty to be paid thereon at the rate of one per centum. As the articles not enumerated in this tarifi' grew into commercial importance, it was found necessary to clear up 35 273 274 FOREIGN AFFAIRS. tlio ol)sciirity in wliicli tliey wqvq left by this treaty, and to establish some more definite mode of ascertaining the amount of duties to be levied njion them. Anotlier treaty was consequently made between Denmark and the Low Countries, at Co[)enhag^en, on the 15th of June, in the year 1701. By the 3d article of this treaty, it was declared tliat the wares and i!;oods which are not specified in the aforesaid taritf of the year llUo, shall })ay the same Sound duty according:: to their value — that is to say, the value of the same shall be reckoned according to the place whence they came, and they shall pay one per centum of that value. The great change wliich has taken place in the commerce of the world since the date of tlicse two treaties, the immense increase in tlie trade of the Baltic, but more especially the tall in the price of those commodities which constitute the basis of that trade, had caused the Sound dues to vary very essentially from the sjurit of those treaties, as declared in the 3d section of the treaty of ITOl. The Danish govern- ment had made no correspt)nding change in the mode t)f cal- culating those dues, but still continued to levy them accord- ing to their long-established custom. In this maimer a duty of fiom two to six per cent, ad valorem was often levied upo'u commodities which should have paid but one per centum. Against these abuses the merchants of the United States, of Great Britain, and of Sweden, had often remonstrated; but it is worthy of remark that the government of the United States was the iirst that publicly declared its intention to have these abuses corrected. This intention it clearly set forth in the very able paper on the subject issued from the State Department, and laid before Congress at the opening of the late extra session. Moved by the complaints of the English merchants, the government of Great Britain entered into a negotiation with that of Denmark in relation to the Sound dues, which ter- minated in the establishment of the new tariff, declared by his Danish ]\Iajesty's envoy extraordinary and minister pleni- potentiary at the Cotirt of St. James and her Britannic Ma- jesty's Principal Secretary of State for Foreign Affairs, to be adopted by their respective governments for the space of ten years from the loth day of June. 1841, "and further until the end of twelve months after either of the respective gov- ernments shall have given notice to the other of its intention no longer to abide by this agreement."' The avowed intention of this new tariff' was to reduce the duty on all articles not enumerated in the tariff' of the treaty FOREIGN AFFAIRS. 27.' of Christianople to one per cent, ad valorem. The commis- sioner.s appointed to arrange the mode of calculating this duty, Mr. Macgregor, the British consul at Elsinore, on the part of Grreat I3ritain, and Mr. We.ssel and Mr. Olrik. officers in the Danish custom-house, on the part of Denmark, wore selected for this purpose, as being especially well qualified therefor Ijy their long official residence at Elsinore, and their familiarity with everything connected with the levying uri'l collecting of the Sound dues. It was at first proposed to charge a duty of one per cent. ad valorem on the invoices of all cargoes passing the Sound or the Belts, taking the original cost of the various commo- dities at the place whence they were shipped, as the amount on which the one per cent, should be calculated. But to this mode, although apparently the plainest and most sim]de, many strong objections were made; the principal of which were, the difficulty of ascertaining at all times the original cost of various articles, and the vexktious delays that would frequently and unavoidably occur in the slow and laborious process ot" levying the dues in this manner at Elsinore, where sometimes forty or fifty vessels arrive in a single day. After much discussion, the commissioners finally agreed upon a tariff founded on the principle of converting the ad valorem duty of one per cent, on articles not enumerated in the treaty of Christianople, into a specific duty to be equivalent to one per cent, upon a fixed valuation on those articles. The tariff thus agreed upon by the commissioners is the new tariff adopted by the respective governments of Great Britain aud Denmark. The effect of the new tariff on the two articles named in your dispatch No. 6, viz: raw sugar and rice in paddy, has been to reduce the duty on the former from nine to five sti- vers on the hundred pounds; and, on the latter, from one and a half stiver the bushel,* to six stivers the four hun'lred pounds. In fixing the specific duty of five stivers per hundred pounds on raw sugars, ten specie dollars is assumed as the original cost of this article. This appeared to be so high a valuation for raw sugars in general, as to lead me to make very particular inquiries into the mode by whicli this valu- ation was arrived at. I ascertained that with regard to this, as well as other commodities, the commissioners have taken, as near as they could learn it, the original cost of the article at the pla ce whence it was shipped, for the past ten years, *A bushel of paddy -weighs, upon an average, about 40 pounds Dani=h, is-cich is 44j pounds American. 9^6 FOREIGN AFFAIRS. iliiiiSliitip Sd are thf fi S k nds' of white Havana sngars-the Wor Tfriced^Xw sugars being now very rarely sent up th BaCin American^essels, simidy because, as they pay precisely the same duties with the finer white sugars, the) ^^^^"he ;:r.^:nrn^nerf ting to the uncertain state of the^'motyCrket, and the .---j/i^-Xer^lealL'^at of trade, the price of sugars, as well ^'f^^^'];'^'^^^^ +iplp«s of commerce is unusually low, not only m i^tum.Miv and throuZu the north of Europe, hut likewise at the po^sot original shipment. The present price, therefore, .?n form no criterion for the fair average value o/ such su- gars as are now ent up the Baltic. The cost of the finer lh?te su 'ars for the past ten years, has varied rom eight Tnc .a 1 ff to'ieven dollars per hundred VO^n^f^^nR^^ Zm which place, or from the neighboring P^^^'t ^[/^l^l":'^- ; the o-reater portion of the sugars sent up the Baltic i lme?icTn veslels is originallv^shipped f ^-^ . -PP^:; J^" a reference to the "statement ' appended to ^^^^^^^i;^^^^^^^ The ayera<'-e of these prices would make the valuation ot the om'mTssioners appear to be a fair one; and, c^^f^, tlie specific duty of five stivers per hundred pounds, it at ail too 1 i>h would certainly be only a small fraction- ot one per c Jn t' more, upon an ^average, than the ad yalorem dut/of one per cent, to be levied according to the thud "^^-^ t^X ^v'l^'-^- tariii; the Sound dues are reduced from Ce aml'a half stiver per bushel to six stivers ;fr four iiundred pounds-a reduction o -^^^P;^^^ of the old duty. The original cost ot all the American iicc h^ has paid the Sound dues, for the Past^n J-J ha. averaged about eighty-five cents per bushel. At this ati. t le spec fie duty of six stivers per ibur Inindred pounds, is alK^^^ Te and a half per cent, on the average ^^^S-^^^ ^^ article- an evident excess, therefore, so far as Amaican rice i fpaddyTs concerned^ofW^ha^^ -^__— ^-^^r— ^^^^ live stivers .s ^e-i/?rof a stiver mo're than one per cent, ou ten spee.o dollars. FOREIGX AFFAIRS. 277 ad valorem duty agreed upon in the third section of the treaty of 1715. Your instructions rendered it my duty to obtain the pro- per information to transmit to the department in relation to the effect of the new tariff on the second item named iu your despatch No. 6. In the course of my investigation. however, I have ascertained tliat the duty on this com- modity is one of very little importance to American com- merce. Clean rice is now invariably preferred to rice in paddy by the Baltic mercliants ; and Copenhagen and 8tras- burg (a town of considerable commerce in the Duchy of 81es- wick) are the only places east of the Sound where mills are now in operation to clean rice from its husk. A reference to the "statement" appended to this despatch, will show that but one small cargo of rice in paddy has passed the Sound in an American vessel for the past four years — beyond which my research has not extended ; and even this one cargo, though freighted in an American ship, was wholly owned by a Dane, by whom the Sound dues were paid. By the new tariff, the duty on some other articles of more importance to American commerce is greatly reduced. On dye-iooods, with wliich American vessels are sometimes freighted up the Baltic, the duty is reduced from thirty sti- vers to eight stivers per thousand pounds, of certain kinds ; and from thirty-six stivers to twelve stivers for the remain- der. On coffee, the duty is reduced from twenty-four stivers to six stivers per hundred pounds. The effect of this latter reduction will probably be to cause this very important ar- ticle to be hereafter shipped directly up the Baltic, instead of being sent, as heretofore, to liambarg, and thence by land, across to Lubec, to avoid the heavy Sound dues. The general effect of the new tariff will, I have no doubt, prove beneficial to American commerce. The profit on each individual cargo passing the Sound may be no greater to the American shipi)er, as the price of the various commodi- ties affected by this tariff will probably fall in the Baltic markets, in proportion to the reduction of the duty thereon; but a lower price will, as a matter of course, increase the consumption of those commodities, and will, therefore, create a demand for a greater supply. Of the advantages arising from this increased demand, the well-known enterprise of American merchants will no doubt give them a full share. I have the honor to be, very respectfully, vour obedient servant, ' J. R. JACKSON. To the Hon. Secretary of State of the United States. 27S FOREIGN AFFAIRS. Mr. Webster to 3Ir. Jackson. [Extract.] [Fo. 11.] Departmext of State, Washington, Junt _^, xo42. [«^rp^ . -(; ;|< * * * * 5): Copies of the new tcariif of Sound dues have just been com- municated to the department by the charge d'affaires of Den- mark near this government, with a note explanatory of its favorable operation upon American commerce. These provisions have proved very satisfactory to this government, and you will take a fit opportunity for com- municating the expression of this satisfaction to the govern- ment of Denmark. I have pleasure in adding, that your diligence and fidelity in discharging your duties in regard to this subject, meet the President's approbation. I am, sir, respectfully, your obedient servant, DANIEL WEBSTER. Isaac Rand Jackson, Esq., dx:, dr., Copenhagen. Mr. Irwin to the Secretary of State. [Extract.] [No. IS.] Legation of the United States, Copenhagen, i^eftrwar?/ 10, 1844. Your observations witli regard to the Sound dues and the treaties with the Northern powers, have given rise to much comment and speculation on tlie part of my diplomatic col- leagues ; but all remark on those subjects has been studi- ously avoided by every one connected with the administra- tion of this government. Although the payment of the Sound dues has been guarantied by several of the European powers in their treaties with Denmark, I have no doubt that the example of our government in refusing longer submis- sion to the exaction would be soon foUoAved by Prussia and other States, who look upon it as a burden on their trade in the Baltic. These dues yield a very considerable revenue to Denmark, any diminution of which, in the present condition of her finances, would subject her to great inconvenience. She claims them by virtue of long established usage, and uu(hn' the pretence of protecting the commerce and vessels of otlier nations, at her sole expense, by furnishing an ade- quate number of lights and safe pilotage in an extremely difficult and hazardous navigation. I have heard it also in- FOREIGN AFFAIRS. 279 timated that she maintains her right by the allegation that the Baltic has been iramemorially regarded as a mare clausum. Denmark will doubtless, therefore, seek to fortify her position by alliance and treaty with other nations ; and, if it is contemplated by our government to give the notice stipulated in our treaty with this government, with a view to some new arrangement, or to the resistance of any further exaction of this tribute, I would respectfully suggest the in- expediency of any unnecessary delay on our part. If it is ex- pected that I shall make any movement in this matter, or in reference to a new treaty, I shall be glad to be furnished wath full instructions by your department. With the view of placing you in possession of as much information as I could readily command with regard to the number of Ameri- can vessels, and those of other nations which had passed the Sound during a series of years, and the amount of dues paid by our vessels during the same period, I have the honor to enclose herewith three lists which have been furnished, at my instance, hj our consul at Elsinore. The lists embrace the years 1837, 1838, 1839, 1810, 1811, 1812, 1813, and are as follows: 1. List of American vessels that have passed the Sound at Elsinore, to and from the Baltic. 2. Specifications of ships of all nations that liave passed the Sound at Elsinore, to and from the Baltic. 3. Specification of Sound dues 2)aid on goods shipped by American vessels to and irom the Baltic. In the last mentioned list, the amount is given in species, each species being equal to two rigsbank dollars Danish, or one hundred and seven cents of our money. I regret that it has not been in ni}^ power to furnish you Avith a statement of the tonnage of the above vessels, being informed that no register of the tonnage is k(^pt at Elsinore. [Enclosed in despatch No. 18.] 1. List of American vessels that have passed the Sound at Elsinore, to and from the Baltic sea, during the following years, viz: Years. Vessels. 1837 104 1838 153 1839 114 1840 143 1841 122 1842 113 1843 152 280 FOREIGN AFFAIRS. [Enclosed in despatch No. 18.] Specification of ships of all nations that have passed the Sound at Elsinore, to and from the Baltic sea, during the following years, viz: 1837. 1838. 1839. 1840. 1841. 1842. 1843. American... 104 153 114 143 122 113 152 Belgian 43 25 34 20 11 6 6 Bremen 40 45 05 58 68 56 36 Danish 1,125 1,019 1,139 1,045 1,032 1,070 1,410 Dutch 848 955 1,192 950 970 917 1,236 English 3,417 4,009 4,498 3,972 3,777 3,519 3,515 French 130 268 240 239 218 238 179 Hamburgh.. 40 29 18 23 20 14 27 Hanoverian 471 528 819 768 823 765 837 Lubeck 93 107 108 96 88 77 76 Mecklenb'g. 763 842 970 953 958 826 840 Neapolitan. 27 28 44 48 15 51 67 Norwegian. 1,843 1,497 1,691 2,082 1,666 1,848 1.635 Oldenburg.. 56 59 125 83 132 142 183 Portuguese. 4 3 4 3 2 2 Prussian 2,319 2,491 3,045 2,996 2,850 2,311 2,582 Ptussian 735 759 837 820 831 757 738 Spanish 14 17 20 18 14 4 8 Swedish 1,043 1,152 1,252 1,384 1,182 1,278 1,451 Total 13,115 13,983 16,214 15,702 14,780 13 994 14,980 [Enclosed in despatch No. 18.] Specification of Sound dues paid on goods shipped hy Ameri- can vessels to and from the Baltic sea in the following years, viz : SUM.MARY. Specks. 1837 90,224 01 1838 128,165 40 1839 84,119 33 1840 113,414 46 1841 90,514 32 1842 67,144 14 1843 81513 42 Mr. Irwin to 3Ir. Buchanan. [Extract.] [No. 81.] Legation of the United States, Copenhagen, June 1, 1846. Sir : I have the honor to inform you that on the 29th ult. FOREIGN AFFAIRS. 281 I received a note from his Danish Majesty's Minister of Foreign Affairs, bearing date the day previous (copies of which, and of my reply thereto, are herewith transmitted,) communicating copies of proclamations, by order of his Danish Majesty, respecting sundry modifications in the tariff of Sound dues, and of tolls on certain articles of mer- chandise i)assing the Sleswick-Holstein canal. Enclosed you will find translations from the German and Danish of these proclamations, from which it will be perceived that a reduction has been made in tlie Sound tolls on cotton- wool (raw,) from 18 to 10 stivers per 100 lbs., on spirits (dis- tilled from potatoes and grain,) from 4 to 3 stivers per barrel, and on raw sugar from 5 to 4 stivers per 100 lbs. The stiver, according to the convention on the Sound toll with Great Britain, of the 13th August, 1841, is computed at 4 rigsbank shillings, Danish, or a little more than two cents of our money ; so that the duty on our great staple, raw cotton, is reduced from about 36 to about 20 cents per 100 lbs. in Sound toll, and a similar reduction is made on that article with respect to the tolls on the Sleswick-Holstein canal. The reduction commences this day. Mr. Flenniken to 3Ir. Buchanan. [Extract.] [No. 45.] Legation of the United States, Copenhagen, September 8, 1848. gjj^. * * * * * * I would respectfully draw the attention of the department to the question of the Sound dues. I think it not improb- able that Germany, in negotiating a permanent treaty of peace with Denmark, will insist upon the abolishment of these dues, which, in my opinion, she would have a very just right to do, for surely this exaction is a most oftensive burden upon the commerce of the world, and wholly inde- fensible upon any princijde of international right. I have recently introduced this question twice in my interviews with the Minister of Foreign Affairs, who, with the charac- teristic frankness of his nature, admits to me that he cannot defend the principle upon which these dues are exacted, but begged me to delay pressing the question until they got rid of their war with Germany. I told him it was by no means my intention to add to the embarrassments of the ministry by the addition of this question during the pen- dency of hostilities, but might perhaps more formally intro- duce the subject upon the conclusion of a general armistice. 36 282 FOREIGN AFFAIRS. 3Ir. Buchanan to Mr. Flennihen. [No. 7.] Department of State, WasJiington^ October 14, 1848. Sir: From your despatch No. 45, of the 8th Septemher, as well as from your private letter, I am happy to learn that there is now a reasonable prospect that our commerce may he relieved from the " Sound dues" paid to Denmark. The admission of the Danish Minister for Foreign Affairs, in conversation with you, " that he cannot defend the principle upon which these dues are exacted," is certainly a favorable indication. You acted properly in not pressing the question whilst Denmark was engaged in hostilities with Germany ; but as the armistice concluded between the King of Prussia and his Danish Majesty has now been finally ratified at Frank- fort, I agree with you " that the present may, perhaps be an auspicious period to introduce this question formally and with determination to the Danish government." Under the public law of nations, it cannot be pretended that Denmark has any right to levy duties on vessels pass- ing through the Sound from the North Sea to the Baltic. Under that law, the navigation of the two seas connected with this strait is free to all nations ; and therefore tlie nav- igation of the channel by which they are connected ought also to be free. In the language employed by Mr. Wheaton, " even if such strait be bounded on both sides by the terri- tory of the same sovereign, and is at the same time so nar- row as to be commanded by cannon-shot from both shores, tbe exclusive territorial jurisdiction of that sovereign over such strait is controlled by the right of other nations to com- municate with the seas thus connected." But the Sound is not bounded on both its shores by Danish territory, nor has it been since the treaty of Eoeskild, in 1658, by which all the Danish provinces beyond the Sound were ceded to Sweden. So that even tliis pretext for levying the Sound dues has ceased to exist for nearly two centuries. It is true that for several centuries Denmark has continued to levy these dues ; and she now claims this as a right, " upon immemorial prescription, sanctioned by a long suc- cession of treaties with foreign powers." But the foundations of this claim were laid in a remote and barbarous age, even before the discovery of America ; and the reasons which are now alleged in its support have no application whatever to the United States. They apply exclusively to the nations of Europe. FOREIGN AFFAIRS. 283 It may be said that the 5th article of our treaty with Denmark of the 26th of April, 1826, gives an indirect sanction to this practice, hy providing that " neither the vessels of the United States nor their cargoes shall, when they pass the Sound or the Belts, pay higher or other duties than those which are or may be paid by the most fevored nation." But this article does not recognize the right of Denmark to levy these duties. It is a mere submission to the practice for a period of ten years ; and the government of the United States may now at any moment give the no- tice required by the treaty, and thus terminate it at tlie end of one year. These duties are both vexatious and onerous to our naviga- tion. The loss of time and delay of our vessels at Cronberg castle, whilst the duties are assessed and paid, constitute a serious annoyance and injury to our commerce. Besides, the amount of duties is so great as to be a heavy burden upon our trade to the Baltic. Your predecessor, Mr. Irwin, in a despatch under date of the 3d June, 1847, (No. 121) to which I refer you, has furnished the department with tabular statements of the amount of these duties exacted from Ameri- can vessels for a period of sixteen years, from 1828 to 1843, both inclusive ; from which it appears that the average for each year would amount to $107,467 71. According to these statements, the average tonnage of our vessels going through the Sound during these years was 21,415, and that returning was 21,108 tons. This sum would, therefore, bo about equal to an average tonnage duty upon each vessel for passing and repassing the Sound of $5 per ton, including both voyages. Besides, there are other charges for light- money, fees, &c. This large tax is paid by vessels of the United States for liberty to pass through a strait between two seas, which, by the law of nature and of nations, is free and open to all mankind! The United States have thus long submitted to the exaction from deference and respect for Denmark ; but it cannot be expected, great as is our re- gard for that ancient and respectable power, that we shall submit to it much longer. The 11th article of our existing treaty with Denmark provides " that the present convention shall be in force for ten years from the date hereof, (26th April, 1826 ;) and, further, until the end of one year after either of the con- tracting parties shall have given notice to the other of its intention to terminate the same." Congress may, therefore, at any moment, authorize the President to terminate this convention — a convention, I venture to say, more favorable 30 284 FOKEIGN AFFAIRS. in its terms to the commerce and navigation of Denmark than any which noAv exists, or has existed, between her and any other nation. Perfect reciprocity in the direct trade between any two countries is always jnst. The vessels of both, carrying the productions of either between the ports of these countries, ought to be placed upon the same footing. Be the amount of this trade great or small, they ought equally to partici- pate in its benefits. This rule, however, is based upon the presumption that the one party shall not, on its part, have restricted the mutual trade by establishing unreasonable and extravagant import duties upon the productions of the other. Whilst this rule is just in regard to the direct trade between any two countries, let us examine the question for a few moments in regard to the indirect or triangular trade between Denmark and the United States. Our convention with Denmark opens to her navigation not only the direct trade, but it enables her vessels to go all over the world, and bring the productions of every clime to this cpuntry upon the same terms with American vessels. But it may be said that similar advantages are secured by the same con- vention to vessels of the United States in the ports of Den- mark. Whilst this cannot be denied, it is yet manifest that such a concession to our vessels is far, very far, from being a fair equivalent for the privileges which Danish vessels enjoy in our ports. The United States now extend across the whole continent of North America, and have a front of twenty-two degrees of latitude upon the Atlantic, and seven- teen degrees upon the Pacific ocean. On both oceans we have numerous and excellent harbors inviting foreign trade. We now number at least twenty millions of industrious and prosperous people, able and willing to pay for foreign com- modities, whilst our exports are immense. The vessels of Denmark enjoy the privilege, under the convention, of trans- porting from all other foreign countries to the United States every article required for the consumption of our popula- tion, and of exporting from the United States to all foreign countries our productions, upon the same terms with our own vessels. Now, what is the supposed equivalent? Denmark is com- paratively a small and poor country, in a high and severe northern latitude. Its population does not much exceed two millions. Its exports are not great, and its people consume comparatively but a small amount of foreign productions. American vessels may, it is true, under the convention, trans- port to and from Denmark the productions of third countries FOREIGN AFFAIRS. 285 upon the same terms with Danish vessels ; and this is the compensation which we receive for all the superior advan- tages which we confer. It would perhaps not be extrava- gant to assert, although I have not made the calculation, that, under the present convention, we offer to Denmark ten times the quantity of productions for the employment of her navigation in the indirect or triangular carrying trade, which she can offer to the navigation of the United States. The truth is, that, so far as regards this trade, the recipro- city of the convention is hut a mere name. But to make the inequality still greater, the fith article of the convention excepts from its provisions Iceland, the Fer- roe Islands, Greenland, and her colonial possessions beyond the Cape of Good Hope. It is not my purpose to enumerate the immense advan- tages, present and prospective, which Denmark enjoys, under this convention, in the encouragement of her commercial and military marine, and in the promotion of her national wealth and pi:osperity. It is certain that we shall hei'eafter conclude no such une- qual treaties with foreign 2:)0wers like Denmark, without equivalents to the United States to compensate in some degree for the superior advantages which we may grant over those whicli we receive. The late treat}^ with Hanover (of which I transmit you a copy, with the accompanying correspondence sent to the Senate) was the commencement of a new era in our commercial polic^y. This will sufficiently explain itself without any observations on my part. Under its provisions, 3'ou will perceive that we have obtained equivalents for the advantages which we have conferred. It will be admitted by all that the commercial marine of Denmark is much more capable than that of Hanover of availing itself of these advantages, and of becoming successful competitors with us in the indirect trade. Why, then, sliould not Denmark grant us also fair equivalents for these advan- tages? We desire to accept as an equivalent from Denmark the abrogation of the Sound and Belt dues, rather than as- sert our rights against her under the law of nations. Let Denmark perform this act of justice, and the President is willing that you shall conclude a new commercial treaty with the Danish government, upon the same terms with the present convention, to continue for a period of ten or twelve years, reserving the usual right to either of the parties to terminate it at the end of this period by giving a year's notice. Instead of the 5th article of the present convention, some- 286 FOREIGN AFFAIRS. thinor like the followins; mis-ht be inserted in the new treaty : Article 5. Vessels of the United States, in passing and repassing the Sonnd and the Belts, shall be forever exempt from the payment of any duties, either upon their tonnage or their cargoes. Light-money, and other reasonables charges noAv existing, if disconnected irom charges or fees for levying and collect- ing the Hound and Belt dues may still be continued. Of these, you will be the best judge. It would be desirable that the proposed fifth article should be expressly excepted from the operation of any notice Avhich may be given by either party to terminate the new treaty, and be thus rendered perpetual. Upon this, however, you are not to insist as a sine qua non; because, if the Sound dues should be suspended for a period of ten or twelve years, it is highly im})robable that they can ever afterwards be revived. But the President is willing to proceed still further, if the object cannot otherwise be accomplished. It is probable that two years might elapse before the existing convention could be terminated, as an act must first pass Congress to enable the I'resident to give the required notice, after which a year must expire before it could be rendered effectual. During the whole period our vessels would be subject to the Sound dues under the present convention. For this reason, if you should find it indispensable to success, but not otherwise, you may stipulate to pay the government of Denmark a sum not exceeding $250,000; but, in that event, the abrogation of the Sound and Belt dues must be made i)erpetual, and must be excluded, in express terms, from any notice which may hereafter be given by either party to terminate the treaty. From the enclosed tables, Avhich I have just received from the Treasury Department, you will perceive how very incon- siderable our direct trade is with Denmark in Europe; whilst in the year 1847, forty-four Danish vessels entered our ports, all of which, with three exceptions, arrived from other por- tions of the world, and were engaged in the triangular or indirect trade. It is also worthy of remark, that since the tariff of 1846, the Danish tonnage employed in this trade for 1847 has nearly doubled. For highly important information on the subject of these dues, I refer you to Macgregor's Commercial Regulations, vol. 1, chapter 3, title Denmark; or the same author's Com- mercial Statistics, vol. 1, page 165. FOREIGN AFFAIRS. 287 If you could procure from the Danish government the abolition of its transit duties on American productions in the Duchies, and wherever else they may exist, this would he very desirable ; and for this purpose you can use our treaty with Hanover to great advantage. I would tliank you to complete Mr. Irwin's tables up to the present time, and transmit copies to the department. Should it become expedient to address a note to the Danisli Minister for Foreign Affairs on the subject of the Sound dues, you may quote such portions of this despatch as you may, in your discretion, deem appropriate and useful. But this is left entirely to your own judgment. You are now intrusted by the President with a most im- portant negotiation. Should you prove successful, this will reflect high honor upon 3'ourself, and promote the best inter- ests of your country. May success attend you. I am, sir, respectfully, your obedient servant, JAMES BUCHANAN. Egbert P. Flenniken, Esq., dc, t&c, Cope7iJiage7i, [In compliance with the instructions of Mr. Buchanan, Mr. Flenniken had several interviews with Count Maltke, who had succeeded Count Knath in the Foreign Office, and for- mally introduced to him the subject of a treaty in relation to the Sound and Belt dues. At these interviews, and in a written despatch, he communicated the substance of Mr. Bu- chanan's views, and his proposition for a pecuniary compro- mise. These negotiations were fruitless, and on the 13th of February, 1839, Mr. Flenniken wrote to the Secretary of State that until peace were established between Denmark and Ger- many he should be unable to resume the subject of the treaty relating to the Sound dues.] — y Mr. Ma7-cy to Mr. Bedinger. [Extract.] Department op State, Washingtrm, July 18, 1853. gjj^. ***** * * The subject of the "Sound dues," collected at Cronberg Cas- tle, from American vessels, has been repeatedly brougiit to the notice of the Danish government by your predecessors, under instructions from this department. The President in- tends that this subject, aifecting so injuriously important in- terests of the United States, shall be pressed to a conclusion, and you are accordingly instructed to obtain an early inter- 288 FOREIGN AFFAIRS. view, after your official reception, with the Minister of For- eign Affairs of Denmark, to commirnicate to him in em- })]iatic, hut respectful terms, the intention thus entertained. In 1848, the Minister of Foreign AiFairs admitted to Mr. Flenniken, our then representative near the government of that kingdom, as reported by him to Mr. Buchanan, that "the princii\leu])on which those dues are collected cannot be defended." This is assuredly the case. It is clear that no defence can he made in behalf of a "y)rinciple" so flagrantly at variance with the established right of each of the nations of the earth to the liberum mare. It has been alleged by Denmai'k that our acquiescence, until recent years, in the Elsineur exactions, was a tacit sanction of their legitimacy, as "established by usage." It is true that, down even to the present moment, Ave have of- fered no positive resistance to the collection of the "dues;" but our forbearance heretofore in this respect does not justify the inference that we regarded them as rightfully imposed, and would forever acquiesce in the continuance of this bur- den upon our commerce. Our mercantile marine measures at this time not less than 4,500,000 tons, and in our rapidly extending trade and in- tercourse with the world, it is a paramount object of this government, as it is its imperative duty, to remove every ob- struction to free commerce by vessels sailing under our flag. We can recognize no "immemorial usage" as obligatory when it conflicts with natural privileges and international law. These ancient customs have, in many instances, been found to be inconsistent with rights now generally recognized in tlie more liberal and reasonable practice of commercial na- tions, and have been made to yield to views better suited to the improved system of foreign trade. A burdensome impo- sition upon that trade, which has for its support nothing but anti(]uity, and is so directly opposed to modern policy, Avill not, it is hoped, be longer insisted on by Denmark. The date of the origin of the Sound tolls has never been, as far as is known to this government, authentically ascer- tained. They are presumed to be the relics of exactions by the Norman pirates of the dark ages. As civilization ad- vanced, they were enforced under the plea of protecting the lucrative herring-fishery at Sclionen. The coasts of the three straits (Sliaggcrack, Cattegat, and the Sound) were owned T)y Denmark until 1658, (with the exception of thirty-six years in tlie 14th century,) when, by the treaty of peace of Rothschild, the east coast of the Great Belt, including the fortifications of Helsinburg, was transferred to Sweden, and FOREIGN AFFAIRS. 289 is still owned by her. The right of sovereignty upon which Denmark presumed, in consequence of her ownership on ei- ther side of this connecting link of ocean water, necessarily ceased after this occurrence, even if it had been before in the slightest degree in conformity with national law. But, nevertheless, she persisted at Cronberg, the key to the Sound, in extorting large sums from every bottom that passed. Pre- vious to the treaty with Sweden in the 14th century, the col- lection of the Sound tolls was resolutely and successfully re- sisted by the Hanseatic league. Then, as now, they came in direct conflict with the interests of all the cities upon the Baltic; and that powerful confederacy, at that time in the meridian of its greatness, obtained a free passage for its ships and cargoes through the Sound. In the year 1491, Denmark, perceiving that the Hanseatic league held her au- thority over the straits in utter contempt, deemed it judicious to invite other nations to engage in the trade of the Baltic, and a convention was entered into with England, and sub- sequently Avith Holland, by which their vessels Avere per- mitted to pass through the Sound by the payment of mere nominal tolls. In 1515 it appears that the latter country paid no tolls whatever, but stipulated to give a small sura instead thereof This was, as intended, a blow at the Han- seatic cities; and in their' name Lubec demanded the imme- diate exclusion of the Dutch from the Baltic; a demand, how- ever, that was not complied with. In 1544 a treaty of com- merce was concluded between Christian III of Denmark and Charles V, (regent of the Netherlands,) by which the subjects of the high contracting parties were permitted to trade with each other, by paying the Sound dues Avhich had been levied "since days of old." The Dutch at this period were a great navigating and commercial people, and the stipulations which they entered into imparted dignity to the jurisdiction claimed by the Danes over the Sound. The influence of the Hanse towns began to decline about the beginning of the 15th century, but they exercised a supremacy over the North and Baltic seas until the middle of the 15th. I'rom their un- ceasing quarrels with Denmark, relative to the Sound tolls, recourse Avas had to negotiation; and, in 1560, "the King of Denmark and his subjects on the one part, and the right honorable Hanseatic cities and the merchants thereof on the other part," concluded the treaty of the Odensee. In 1563, Denmark was involved in a Avar with Sweden, and she made this circumstance a pretext to increase the Sound tolls against the Hanse towns, notwithstanding her coA'enant to the contrary three vears before, which was still in force; but 37 290 FOREIGN AFFAIRS. the Hanse towns, in their declininf;; power, were compelled to sulimit to this violation of her obligations. In 1570 a treaty was contracted between Denmark and Sweden at Stettin, by which it was agreed that the latter nation shonld be ex- empted from the Sound dues ; but this was evaded from time to time by Denmark, in levying the toll upon the wines in- tended for Queen Christina's own private use, and by the prohibition of ammunition when Sweden was in absolute want of it for prosecuting the thirty years' war. At length Denmark became so intolerant as to search Swedish vessels, unnecessarily detain them, and, in some instances, convey them to Copenhagen. The Netherlands experienced but little better treatment. The Stadtholder complained, and he was put off with promises. In 1G40, the year after the dissolu- tion of the Hanseatic league, the United Netherlands, which liad secured their independence, formed a compact with Swe- den for the maintenance of their respective rights; and in 1645 a new treaty was concluded between Denmark and Sweden, and on the same day, August 13, one between Den- mark and the Netherlands. In the negotiations which con- cluded them, the Dutch and Swedish plenipotentiaries de- manded free navigation through the Sound for all nations. The Danish plenipotentiaries contended that the Sound was a "Danish canal," and that the tolls collected were of a simi- lar character to those exacted at the mouths of certain rivers in Germany and Holland. France, acting as a mediator, held the question under consideration to be decided at a more convenient period; and subsequently she sustained the in- terests of Denmark, for which she was rewarded by the be- stowal of the same advantages to her flag as had been be- stowed upon the Netherlands, and without any limit as to duration. In 1G54, Great Britain concluded a treaty with Denmark, which was renewed in 1670, by which all the ad- vantages were to be enjoyed by her which had been con- ferred upon the Netherlands. Previous to 1720, (from 1647,) Denmark fixed the toll, in her treaties with other countries, "in conformity to the terms granted to the Netherlands;" but after that time she placed them upon the footing of "the most favored nations." Sweden, in consideration of the res- toration of her provinces, Avhich had been conquered by Den- mark, stipulated to pay in future, by the treaty of Frederics- burg of June 3, 1720, the same rate of Sound dues that were collected upon the ships and cargoes of the most favored na- tions, reserving to herself the right to establish a commis- sary at Elsinore, to prevent impositions upon her navigation and commerce. These conditions and obligations (although FOREIGN AFFAIRS. 291 several treaties have been made between the two nations since) continue to he observed. During the 18th century, Sweden havinji; been quieted, the Sound tolls seem to have been submitted to by other Powers and States without oppo- sition. Denmark concluded several new treaties, but none of them contained provisions prohibitory of the exaction of the dues demanded at Elsinore. This was the condition in which Denmark was found when the Congress of Vienna assembled. It was quite naturally expected, at that time, that the Danish Sound tolls would present a legitimate subject for the deliberations of that body, and that, in the settlement of the affairs of Europe, they would be entirely abrogated. But Frederick VI of Denmark was present at Vienna, and the object of compassion with the representatives of the sovereigns most interested, on ac- count of the bombardment of Copenhagen and the destruction of his fleet a few years before; and out of tenderness to him, as it is reasonable to suppose, this question was permitted to remain in statu quo. Vague intimations, it is stated, have occasionally been given at Copenhagen, that the Sound tolls were guarantied to Denmark by the Congress of Vienna, as an indemnity for the surrender of Norway to Sweden. Ad- mitting the truth of this, and that every European govern- ment was irrevocably bound by such proceeding, the United States were not a party to it in any way, and no obligation is imposed upon them to respect the arrangement. Nothing has been more remote from the purpose of our government, from the day on which it was ushered into existence, than that of surrendering to any power its right of using the ocean as the highway of commerce. This right it claims. and will use all proper means to secure to itself the full en- joyment of in every quarter of the globe. The fact is notorious that the Sound dues affect us more sensibly than any European nation. Under their operation, Great Britain has a decided advantage over us, as concerns our chief staple. Raw cotton, according to the most relia- ble statements before the department,, is charged with about three per cent, ad valorem in its transit through the Sound ; while cotton twist, of which Great Britain ships from oO,- 000,000 to 50,000,000 pounds to ports of the Baltic, pays only one per cent, ad valorem! If we quietly submit to such a tax upon the raw material of our fields, Great Britain, as a matter of profit, can well afford to consent to the compar- atively moderate one upon the article manufactured from it, because she cannot fail to perceive that, were the dues abol- ished, we should as certainly gain markets for the raw pro- 202 FOREIGN AFFAIRS. duct, as she would lose them for the manufacture of her spin- neries. For the five years terminating the 31st December, 1848, 2G4 American vessels entered the Baltic, upon the tonnage and cargoes of which the Sound tolls amounted to 570,473 Danish bank rix dollars. Since then no tabular statements have been received of our vessels passing Elsinore, nor the sums annually paid. The Sound toll levied upon our chief products, which find a market in the countries bordering upon the Baltic and be- yond them, according to the most reliable information on the subject, is as follows: Eaw cotton, per 100 lbs 20 cents. Rice, per 100 lbs 11 " Paddy, (rice in husk,) per 100 lbs 3| " Raw tobacco, per 100 lbs 17J " Whale oil, per bbl 6|- " Consequently a cargo of 2,000 bales of cotton pays a tax of about |1,720; a cargo of 800 hhds. of tobacco, |1,400; a cargo of 1,000 tierces of rice, $'700. In addition to the toll on tonnage, the cost of pilotage, for a ship drawing eighteen feet water, from Dragon to Elsinore, varies, according to the season of the year, from $20 to $30. In 1829, an ordinance was issued by the King of Denmark subjecting all vessels i)assing through the Sound to useless, not to say ridiculous, observances, always very annoying, and sometimes injurious, by the delays resulting from the necessity of conforming to them. Should you find this ordi- nance still in force, you Avill represent the effects of it upon our vessels passing the Sound, and endeavor to procure their exemption from it. It cannot be that, at this day, a govern- ment so enlightened as that of Denmark will insist upon the observance of ceremonies of this kind — useless to it, and hardly compatible Avith the self-respect of those required to perform them. That you may know to what ceremonies 1 allude, I herewith send you a cojjy of the ordinance pre- scribing the observance. You are at liberty to communicate any facts or statements contained in this despatch to the Danish Minister of Foreign Afiairs. I am, sir, respectfullv, your obedient servant. W. L. MARCY. Henry Bedinger, Esq., dc, &c. Copenhagen. FOREIGN AFFAIRS. 293 3Ir. Bedinger to 3Ir. Marcy. [Extract.] Copenhagen, Ocfoher 13, 1853. gjj^' ******* Of course I have not yet broached the subject of the "Sound dues," but I shall seek an early opportunity to do so; and I respectfully desire to be instructed whether I may be allowed to offer anything, either in the form of some ad- ditional commercial privilege, or other matter as an equiva- lent for those dues, in case the Danish government shall consent to abandon them, so far as our vessels are con- cerned. If I remember correctly, in a despatch of Mr. Buch- anan's to one of my predecessors, something of that sort is authorized to be done; and I respectfully request that I may be particularly instructed upon this point at as early a day as possible. ******** I have the honor, &c., &c., HENRY BEDINGER. Hon. W. L. Marcy, Secretary of State. Mr. Marcy to Mr. Bedinger. [No. 3.] Department op State, JFashington, November 8, 1853. Sir: Your despatch of the 13tli ultimo was received at the Department on the 5th instant, and I am directed by the President to inform you, in reply to your question respect- ing an equivalent to Denmark for the abolition of the "Sound dues," that he declines authorizing you to offer to that power any compensation for the removal of that as a favor which we have demanded as a right. I am, sir, respectfully, your obedient servant, W. L. MARCY. Henry Bedinger, Esq., &c., &c., Copenhagen. Mr. Bedinger to Mr. Marcy. [Extract] [No. 2.] Legation of the United States, Copenhagen, December 3, 1853. Sir: ******* The Minister of Foreign Affairs has beeen suffering with an attack of the gout for several weeks past, and, in conse- quence, I was not able to procure an interview with him 294 FOREIGN AFFAIRS. upon the subject of the "dues" until the 1st instant. On that day I spoke to him on the subject. I stated, briefly, the principal objections to the continuance of that burthen upon our commerce, and respectfully informed him, that it was absolutely necessary that the matter should, at once, be pressed to a conclusion, &c., &c. He replied, at some length, that it was a matter of very great importance; that the right to levy the "dues" had been exercised by Denmark since "time immemorial;" that all other nations had tacitly assented to her right to levy them ; that our trade in the Baltic was much less than that of other nations, and, consequently, we had the less cause of complaint; that Denmark could not exempt one nation from the payment of the tolls without exempting all others, which would cause a ruinous reduction in the revenue of the State, &c. I combatted, to the best of my ability, the positions which he had taken, and which I had fully anticipated ; and he then said, if I would address him in writing upon the sub- ject, he would lay the matter before His Majesty's govern- ment in council, and inform me of the determination to which they should come in regard to it. But I understood him to say, distinctly, tliat in his oivn opinion Denmark would never colunfariJi/ consent to remit the tolls. The next day I ad- dressed a note to him, in which I quoted the principal ob- jections to the imposition of the "dues" — as set forth in my instructions, and asked that the subject might be brought to the notice of the Danish government, with a request on the part of the United States to have the tolls remitted in future. 3Ir. Bedinger to 3Ir. 3Iaraj. [Extract.] Legation of the United States, Copenhagen, February 26, 1854. Sir: I have the honor to inform you that I have received your communication of the 2d instant, informing me tliat my despatches, Nos. 2 and 3, liad been received, and enclos- ing the resolution of the House of Kepresentatives of tlie 30th of December, 1853, upon the subject of the "Sound dues." A few days before I received tliis communication, I had called again upon the Minister of Foreign Affairs, to inquire wliether lie had received the note I had addressed him upon the subject, and when I might hope to receive his reply. He apologized for having been compelled so long to delay his FOREIGN AFFAIRS. 295 answer, and begged me to attribute it, not to any disposition upon his part to retard the action upon the application of the United States, but simply to the fact of the great increase of business in his department in consequence of the pending crisis in Eurojiean politics, and to the condition of his own health, which had been but feeble. He stated, however, that he Avas then preparing a statement in reply to my note, which would embrace the whole subject of the "Sound dues," to- gether with certain facts, statistics, &c., which he deemed important, and certain propositions, also, which it was de- signed to make to our government upon the subject; that I should receive this statement as soon as he could possibly complete it ; and that a copy of the same would likewise be transmitted to our government through the Danish charge d'affaires in the United States. I do not know whether I ought to express any further opinion upon this subject, until after I shall have received the statement referred to. But I cannot help thinking that there is no intention upon the part of this government to abandon tliat unjustifiable source of revenue, until induced to do so by measures more to be regarded than mere diplo- matic conversations and verbal objections; for, if I am cor- rectly informed, Denmark is at present upheld by Eussia in the imposition of those burdens upon the commerce of other nations. From such information as I have been able to gather upon the subject, it appears that Russia, while she does not attempt actually to compel submission to those exac- tions, sanctions them nevertheless, by requiring her ports to refuse to receive the cargo of any vessel which has not paid them, thus lending very effectual assistance to the imposi- tions of Denmark. Mr. Raynal, our consul at Elsinore, tells me that he has prepared a very full statement of the amount of these tolls paid to Denmark within the last two or three years ; the amount paid by different nations, the burdens imposed upon the several most important articles of commerce, &c., with a copy of which he will furnish me in a short time, and will also forward a copy to your de- partment. Mr. Bedinger to 3fr. 3Iarcy. Legation of the United States, Copenhagen, April 1, 1854. Sir: I have the honor to inform you that, since the date of my last despatch, I have had another interview with his excellency the Minister of Foreign Affairs upon the subject 296 FOREIGN AFFAIRS. of the "Sound dues." It was not much more satisfactory, however, than the others; but I deem it proper to state, that upon this occasion his excellency, after having again apolo- gized for not having replied to my note, said that he had written to the Danish charge d'affaires to the United States, instructing him respectfully to urge our government to defer pressing this question until the jiolitical horizon in Europe shall assume a more tranquil aspect. He assured me that, so soon as it could possibly be done, it was the intention of the Danish government to enter into certain arrangements with the other nations interested in the subject, by Avhich the right of collecting the "tolls" would be abandoned by Denmark, upon receiving from the other powers a certain compensation, which he did not dis- tinctly explain, in lieu thereof. He said he hoped I would perceive how utterly impossible it would be to effect any thing of that sort during the present state of public affairs; but he reiterated the assurance that negotiations upon the subject should be commenced at the very earliest period that would afi^'ord hopes of their successful termination, &c. I thought it proper to inform him, lest he should argue from my silence that the United States would consent to the '•compensation" of which he had spoken, that it would not be proper to reckon upon any thing of the sort. He replied, that he had strong reasons for believing that we would assent to the arrangement which he hoped to be able to make; that, in the mean time, he would complete his reply to my note, and transmit the same to Washington. The difficulties which have recently arisen between the Danish Diet and the ministry, growing out of certain efforts on the part of the latter to frame a constitution suitable to the whole monarchy, have given rise to some excitement, and tended considerably to retard the execution of public business. The Diet, however, has now adjourned; the present min- istry is to be retained, I believe; and affairs will probably assume again their wonted tranquillity. FOREIGN AFFAIBS. 297 AFFAIRS IN CENTRAL AMERICA. [The difficulties between the Nicaragua Transit Company and the Settlement at the mouth of the San Juan, and the occurrences referred to in the Presidents Message, (page 10) are fully set forth in the following documents, communicated to the Senate in compliance with a call for information in regard to the trans- actions between Captain Hollins, of the U. S. Ship Cyane and the authorities at San Juan de Nicaragua. 33d Con. 1st Sess. Senate Doc. Ex. No. 8.] POLITICAL ORGANIZATION OF GREYTOWN. City Council of Greytown to the Secretarij of State of the United States. Council Chamber, Greytotun, or San Juan del Norte, Feb. 19, 1853. The legislative council of the city of Greytown, or San Juan del Norte, respectfully heg leave to represent to you, and through you to the President of the United States, the following statement in relation to the condition of affairs as they now exist in this city. In March last, the Mosquito authorities, then governing at this place, called on the people by a proclamation, issued by James Green, Esq., her Britannic Majesty's acting agent and consul general to Mosquito, to form a constitution, elect officers, and enact such laws as they might deem necessary for the future welfare of the city and its inhabitants. In accordance with this proclamation, the people met in convention on the 29th day of March, 1852, and appointed a committee to draft a constitution ; the result was the present constitution, which was adopted unanimously at a general meeting of the citizens, held in the said city of Greytown, or San Juan del Norte, on the 5th day of April, a. d. 1852. A copy of the constitution, together with a copy of the proclamation of James Green, Esq., her Britannic Majesty's agent, &c., was transmitted to the office of the Secretary of State of the United States by Commander Green, of the United States vessel-of-war Decatur, then lying in this harbor. In compliance with the constitution, an election was held on the 15tli day of April last, and resulted in tlie choice of a mayor, five members for a legislative council, three su- preme judges, and subordinate officers. 38 FOREIGN AFFAIRS. The new government came into power on the first day of May, A. D. 1852, and on that day the Mosquito authorities surrendered their power and authority to the officers elected under the new constitution, and retired from office. Since that period, the government thus chosen by the people has been in power, have enacted such laws as they deemed necessary for the welfare of the city^ and exercised all the rights and privileges usually exercised by a free and independent State, and have thus far been successful in pre- serving order and affording protection to person and property. They beg leave to further state, that they consider this government fully ably to maintain its present position; all that is necessary being the approval of the respective gov- ernments of the United States and Great Britain. Every facility and encouragement in the power of this government is oifered to the commerce of all nations ; Grrey- town, or San Juan del Norte, being declared a free port for- ever, subject only to light harbor dues and pilotage. The present inhabitants, residing here, found this place a small collection of huts ; by enterprize and industry they have transformed it into a flourishing city. The authorities have been formally acknowledged by the government of Great Britain ; and the letter of Vice-Admi- ral Sir George Seymour (a copy of which is herewith trans- mitted) will show that his government deems it no longer necessary to maintain ships of war on this station, thereby virtually confirming in the hands of, and acknowledging the ability of this government to maintain its laws, and all the powers heretofore possessed by the Mosquito authorities in full sovereignty. The people of this city look with confidence for a similar recognition on the part of the United States, and would view with deep concern any treaty, in relation to the territory which they now occupy, to Avhich they are not made a party, or their interests fully considered. A copy of the answer of the council to the letter from Ad- miral Seymour is also herewith transmitted. Eespectfully submitted. By order of the council : SAMUEL S. WOOD, President of the Council. EGBERT D. LEES, Secretary of the Council. FOREIGN AFFAIRS. 299 [Letters No. 1 and No. 2 enclosed in the above.] No. 1. Vice Admiral and Commander in Chief, Sir G. II. Seymour, to J. Green, Esq., her Majesty's consul general at Greytown. Cdmberland at Jamaica, January 12, 1853. Sir: I beg to acquaint you that I have roceived no information of the proposed arrangement for the future position of Greytown being likely to be concluded, and being much impressed with the losses the shij^s under my command have suffered from their detention at Greytown, I request you will give the mayor and council to understand that I do not consider the chance of an attack from the Nicaraguans on the town (which if their government is well advised will not occur) furnishes a sufficient reason for now keeping British ships of war at Grey- town to the prejudice of the health of their officers and crews, when a municipality has been formed and acknowledged which is able to protect the place and property of the inhalntants. It is the more advisable that they themselves should be prepared to resist any sudden attack, as it would be the duty of the naval officer commanding in the West Indies to send a force to dispossess any persons who might obtain possession of the place, before a definitive arrangement has been made for its future position, and any contests for the possession of the town would be injurious to its welfare and the property of the inhabitants. I am, sir, your obedient servant, G. H. SEYMOUR. No. 2. Council Chamber, Greyloum, or San Juan del Norte, February IG, 1853. At a meeting of the legislative council of the city of Greytown, or San .Juan del Norte, held at the council chamber, on Monday, February 14, 1853, your letter to James Green, Esq., her Majesty's consul general, dated Cumberland at Jamaica, 12th January, 1853, was read to the council by Henry Grant Foote, Esq., her Ma- jesty's vice consul for this port. This council takes pleasure in acknowledging and appreciating the interest manifested in your letter towards the citizens and government of this city, and in reply to your remark, that "a municipality has been formed and acknowledged which is alile to protect the place and property of the inhabitants," would state that, notwithstanding the anomalous position in which this government is placed, it has been enabled thus far to maintain the supremacy of its laws, and afford ample protection to person and property, nor has it any doubt of being able suc- cessfuU}- to resist any attack from the quarters mentioned in your letter, and more especiallj' as this government is acknowledged and protected by the governments of Great Britain and that of the United States. This council regrets to add that some embarrassments have lately arisen in re- lation to the jurisdiction of the territory, especially in regard to the Nicaragua Accessory Transit Company, which now occupies a portion of land on the north side of the harbor known as Punta Arenas, to the serious detriment of the city, and which said company has refused on several occasions to obey and acknow- ledge the jurisdiction of the laws of the city over it. The authorities of this city, anxious to maintain friendly relations with all par- ties, have submitted to this illegal occupancy of lands on the part of the company, under the impression that the question was on the point of being settled definitely by the respective governments of England and tlie United States: but, after a period of nearly a year, the matter appears to be as far from a final arrangement as ever. They have therefore taken steps to eflectually maintain their rights, and cause their laws to be acknowledged and respected by all parties within their jurisdiction, and trust that, proceeding strictly in accordance with law, to merit and receive the approbation of the protecting governments. The council sought an interview, private and unofKcial, with the commander of her Majesty's vessel of war, now in port, at which interview it took occasion to state fully its present position. Respectfully submitted. By order of the council. 32 300 FOREIGN AFFAIRS. ARRIVAL OF THE CYANE AT GREYTOWN AND SUBSEQUENT OCCUR- RENCES THERE. Commander Hollins to the Secretary of the Navy. United States ship "Cyane," Harbor of San Juan de Nicaragua, March 18, 1853. Sir: I have the honor to report my arrival at this port from Pensacola, on the 10th ultimo, after a passage of four- teen days. Upon coming to anchor, a boat was despatched to Henry L. Stevenson, Esq., the commercial agent of the United States at San Juan, with "orders" to place the same at his disposal. No attention was paid to the offer, and I have not had the pleasure, thus far, of a visit from him. At the same time I was served with a "copy of a protest," before the commercial agent of the United States, from Thomas Baldwin, Esq., as agent of the Accessory Transit Company, of Nicaragua, against the proceedings of the "coun- cil" of San Juan de Nicaragua, as set forth in the accompa- nying document, marked A, accompanied with a demand through his attorney, F. A. Nenninger, Esq., (Mr. Baldwin being absent,) for protection of the persons and property of the Accessor}' Transit Company of Nicaragua, located upon Punta Arenas, opposite the town of San Juan de Nicaragua, as set forth in the accompanying document, marked B. And also a "request" and "protest" of H. W. Wagner, as attorney for G. W. McCerren, Esq., before the commercial agent of the United States, addressed to the "council" of San Juan de Nicaragua, for a "stay of jiroceedings" upon their part in reference to a " resolution" passed by the council, on February 8, 1853, said McCerren having an interest in a portion of the property located on Punta Arenas, included in said "resolu- tion," as found on the third page of the accompanying docu- ment, marked C* No attention was paid to the "request" and "protest" of McCerren, and the property Avas destroyed by tearing down the buildings, as set forth in the accompanying document, from Thomas Baldwin, Esq., agent of the Accessory Transit Company, marked D. The "copy of correspondence," refer- red to in document D, will be found attached, marked E.f *The nature and contents of these documents are so sufficiently set forth in the text, as to render their reproduction superfluous. The resolution, or ordinance referred to is printed on a subsequent page. fThe correspondence mentioned iucludeg the replies of the United States Com- mercial Agency and of the British Consulate to the appeal of Mr. Baldwin for protection. These are given entire. The rest of the correspondence shows the unavailing efforts of Mr. Baldwin to procure delay from the authorities of Grey- tOAvn in the execution of their ordinance, and is not otherwise important. FOREIGN AFFAIES. 301 I was also informed that the writ of ejectment against the persons of the Accessory Transit Company Avould be enforced on the morrow at eleven o'clock, A. M., and that the balance of the property would be destroyed in accord- ance with a "city ordinance/' passed at a meeting of the " council," on the evening of February 7, 1853, a copy of which will be found on the 2d and 3d pages of the accom- panying, marked E. Agreeable to ray " orders" I promised the required pro- tection, and despatched Mr. Theodore P. Green, the first lieutenant of this ship, to the Mayor of San Juan de Nica- ragua with "orders" to state that information had been lodged with me, that on the succeeding day (March 11) a writ of ejectment woidd be served upon the Accessory Transit Oompanv, and in case of their refusal to remove the pro- jierty, force would be used to compel them. He found the council assembled, the mayor presiding, made the statement, and requested their answer. He was desired to inform me the process was a legal one, and that they should carry the same into effect on the succeeding day at 11 o'clock, A. M., unless prevented by a stronger force. On the morning of the eleventh, at nine o'clock, I pro- ceeded ashore to pay my respects to the mayor, and was re- ceived in the " council chamber," the " council" being as- sembled, when the mayor stated I had, on the previous af- ternoon, sent Mr. Green, the first lieutenant of the ship under my command, with a statement as recorded in the foregoing ; I replied, I had so done, and that in accordance with my "orders" I should be compelled to put a stop to any depredations upon the property of the Accessory Tran- sit Company. The mayor replied " no depredations Avould be committed, they only intended to pull the buildings doAvn." He then requested a statement in writing of my intentions to prevent the execution of the "process" which I acceded to, and withdrew to the ship. The accompanying letter dated harbor of San Juan del Norte, or Greytown, United States ship "Cyane," March 11, 1853, was despatched at once, the reply it received is also attached. [1 and 2.] Purser Charles C. Upham and acting Lieutenant William H. Parker, of this ship, shortly afterwards returned from a visit to the town, bringing information that the troops were under arms and preparations making to proceed against Point Arenas and its occupants appertaining to the Ac- 302 FOREIGN AFFAIRS. cessory Transit Company, and that threats wereheing made of destruction of the property by fire. "Orders" were then given to land a marine guard on Point Arenas, nnder the command of Lieutenant William Decatur Hurst, with instructions to inform the " marshal" that the property could not he molested, and to warn off all suspected persons, to prevent the execution of any threats as stated above. The " marshal" landed, and upon being asked his business by Lieutenant Hurst, he replied " to tear down the buildings." Lieutenant Hurst then informed the " marshal" of his " orders" to protect the property of the Accessory Transit Company of Nicaragua, and that he in- tended to obey and cari-y out the same; upon the receipt of this information the "marshal" mustered his "posse of car- jienters," and left for San Juan de Nicaragua. On the 13th ult., I had the honor of a visit from her Bri- tannic Majesty's Vice Consul, Henry G-rant Foot, Esq., who had just returned from a visit to Bluefields, having been ab- sent some days : he brought with him " despatches" from Vice Admiral Seymour, and Commodore McQuhae of her Britannic Majesty's naval forces in the West Indies^ directed to F. A. Parker, commander-in-chief of the naval forces of the United States in the West Indies, with directions to place them in the hands of the senior officer in command, should Commodore Parker be absent. Copies are herewith enclosed, marked F. He also informed me that the previously exist- ing government of San Juan de Nicaragua had become dis- solved by their own act, in consequence of their inability to carry out their intended course with the occupants and pro- perty of Point Arenas. From the many threats and manifest excitement among the citizens of San Juan de Nicaragua, I deem it necessary to continue the guard upon Point Arenas, about the pro- perty of the Accessory Transit Companv, particularly at night, and shall continue so to do until the necessity ap- pears no longer to exist. I have also thought j^roper to warn the citizens of San Juan de Nicaragua of my inten- tions as to the persons and property of citizens of the United States Avho might be molested, as in the accompanying com- plaint from one already assaulted, marked G. Accordingly I dispatched liieut. Hurst to the town with the accompany- ing communication, addressed to the citizens of San Juan de Nicaragua, marked H, with " orders to advise with her Britannic Majesty's vice consul as to its effect;" the accom- panying letter marked I, is his reply, and in accordance it FOKEIGN AFFAIRS. 303 was SO modified as to include all, as set forth in the accom- panying document, marked J. Owing to the unsettled condition of aflfliirs at this port, I do not deem it prudent to absent myself from the ship to communicate with Mr. Kerr, the charge of the United States to Nicaragua, and have therefore ordered Dr. George Peck, the assistant surgeon of this ship, to represent me on this occasion. The officers and crew thus far continue in good health, but I am informed by the surgeon of the ship, (Dr. W. A. Spotswood,) from the prevalence of fever around us, we cannot expect to remain so for any length of time. I deem it necessary, hoAvever, to remain here until further "orders" from your honored self Copies of this correspondence have been sent to Commo- dore Newton, at Pensacola. In closing my communication, permit me to refer to the correct deportment of all under my command ; the officers having been in consultation of the greatest service, and the crew under such perfect discipline, and so well exercised with "small arms," through the efficiency of Mr. Green, the 1st lieutenant, as to render themselves uniformly obedient and quick in their movements. Hoping my conduct may have been such as to meet your unqualified aj)proval, I anx- iously await your pleasure. I have the honor to be, with the greatest respect, sir, your most obedient servant, GEO. N. HOLLINS, Com'g U. S. Ship Cyane. ORDINANCE OF THE CITY COUNCIL. [Referred to as "E," ia Captain Hollins' despatch.] "February 8, 1853. '^Besolved, That the Mayor be directed to notify the Ac- cessory Transit Company to remove within five days the buildings lately erected by the said company on the city lands, and also within thirty days to remove their entire establish- ment, as said lands are required for the use of the city ; and in case of the said company not complying within the speci- fied time, that summary measures be taken for tlieir ejection. "R. D. LEES, Sec. C. C" [ Against the execution of this ordinance of the City Coun- cil, Thomas Baldwin as agent of the American Transit Com- pany, filed a written prot'est at the Commercial Agency of the United States at San Juan, setting forth that the Acces- sory Transit Company of Nicaragua hold the lands now 304 FOEEIGN AFFAIRS. occupied by them, by virtue of a charter or title from the State of Nicaragua, and are guaranteed in the possession and occu- pation of said lands by a treaty between the governments of the United >>tates and Great Britain, and that the gov- ernment of San Juan de Nicaragua have no control over the same, and have no power beyond municipal authority.] [Letter and Reply referred to in the despatch of Commander Hollins.] No. 1. United States ship Cyane, nm'hor of San Juan del Norte, or Greytoivn, March 11, 1853. Sir: After the interview I had with your honor this morn- ing, before your honorable council assembled, I have to state, most respectfully, that I cannot permit any depredations on the property of the Accessory Transit Company, w^hose depot is located upon Punta Arenas, at the entrance of this harbor. 1 am, very respectfully, vour obedient servant, GEO. N. HOLLINS, Commander United States ship Cyane. To his honor the Mayor, Of San Juan del Norte, or Greytoion, Nicaragua. No. 2. San Juan del Norte, or Greytown, 3Iarch 11, 1853. Sir: 1 have the honor to acknowledge the receipt of your communication of this date, and in reply have to state that no "depredations," have been or will be made upon the ''property of the Accessory Transit Company, whose depot is located upon Point Arenas, at the entrance of this har- bor;" and that I shall proceed to eject the said company ac- cording to law, unless illegally prevented by a superior force. I have the honor to be, vour obedient servant, T. J. MARTIN, Mayor. To Geo. N. Hollins, Esq., Commander United States ship Cyane. execution of the ordinance at punta arenas. D. San Juan, March 14, 1853. Sir: Having reference to the copy of the correspondence lately carried on between the authorities of Greytown, the FOREIGN AFFAIRS. 305 United States Vice Commercial Agent, her Britannic Ma- jesty's Vice Consnl, and myself, with which I have furnished yon, I now heg leave to wait upon you with the following state- ment of the manner in which the writ of ejectment was car- ried into effect upon the property of the Accessory Transit Company of Nicaragua, as well as how the property of Cap- tain George W. McCerren (an American citizen) was de- stroyed without having heen included in the writ of eject- ment, or heing in any way connected with the property of the Accessory Transit Company. On Monday, the twenty-first day of February, at about half-past eleven o'clock, A. M., a party of armed men, accom- panied by the marshal of Greytown, and jointly under the commands of one certain Benjamin Moony, a member of the city council of Greytown, and that of one James Lyons, a co- lored man of said town, who is styled "Major Lyons," landed upon Punta Arenas, and proceeded, without furthermore ado, or explanations of any kind, to demolish some buildings be- longing to the Accessory Transit Company of Nicaragua, said buildings being used for boarding and lodging the em- ployees of said company, thus depriving said employees of their comfortable, and, in this climate, most necessary quar- ters, subjecting them to the disagreeable necessity of quar- tering themselves, in a crowded and unhealthy manner, on board of one of the smallest river steamers belonging to the company. Those men next proceeded to a newly erected brick oven, the property of Captain George W. McCerren, who had never even been served with a notice that a writ of ejectment would be issued against his property; these build- ings were destroyed amidst the cheers and yells of this armed body, horrible to listen to. I omitted mentioning to you previously, that, according to instructions received by me from the President and Directors of the Accessory Transit Company, at New York, advising me that I could call upon any British vessel of war for pro- tection in case of necessity, I felt it incumbent upon myself, in the absence of such vessel, to call upon Mr. Foote, her Britannic Majesty's Vice Consul, requesting his aid and pro- tection; this gentleman replied that it was out of Ids power to grant me any, as his instructions from the British govern- ment only referred to protecting the interests of the Atlantic Pacific Canal Company, and not those of the Accessory Tran- sit Company of Nicaragua; he remarked, however, that he expected a British steamer of war to arrive, and, upon her arrival, requested me to call upon him, and he would then lay the matter before the captain and see what could be done 39 W& FOREIGN ArrAIRS. in the premises. Upon the arrival of her Britannic Majesty's steamer Gazer, I immediately proceeded to Greytown, and whilst awaiting tlie proposed interview I was arrested, and whilst under arrest Ca])tain Wilson, of her Britannic Majes- ty's steamer Gazer, called upon me and informed me that he could render me no assistance. Some days afterwards, Mr. Foote and Captain Wilson called upon me, and, in the course of conversation, produced some documents purporting to be a copy of the instructions of the late Honorable Daniel Web- ster, Secretary of State of the United States, to Commodore Parker, of the United States Navy, with regard to the affairs of the city of Greytown; ujion my making a request to allow Mr. Nenninger, Secretary of the Accessory Transit Company, at this place, to read the same, Mr. Foote replied that he would read them himself, and proceeded to do so, the pur- port of which did not directly apply or allude to the Acces- sory Transit Company; whether or not Mr. Foote readever}^- thing contained in the documents he was reading, I am un- able to say. In conclusion allow me, sir, in behalf of the Accessory Transit Company, as well as in behalf of the employees of the company, to render you their most sincere and grateful thanks for the very j^rompt and efficient manner you have acted in protecting their interests, and it shall afford me great pleasure to acquaint the government of the United States with the fact. With the highest consideration, I am, sir, your most obe- dient servant, THOMAS BALDWIN, Agent Accessory Transit Co., Nicaragua. Captain Hollins, U. S. Sloop of War Cyane, San Juan del Noi'te. REPLIES TO MR, BALDWIN'S APPEAL FOR PROTECTION. E. Commercial Agency of the United States of America, Fo7-t of Sa7i Juan de Nicaragua, February 13_, 1853. Dear Sir: Your note of 12th instant, in reply to mine of the 11th, informing me that in compliance with my recom- mendation you had made a formal application to the city council of San Juan del Norte, or Greytown, for a stay of proceedings, has been received. You request to know what course I intend to pursue in the matter, " as it may become necessary to repel force by force, and how far such a course will be justified by the Gov- ernment of the United States of America." FOREIGN AFFAIRS. 307 In reply I have to say, tliat I will be governed by such circumstances as may arise in the course of the controversy — that as Vice Commercial Agent of the United States of America, my power and duties are of an advisory character, and that I shall seek to avert a collision between the local authorities and the Accessory Transit Company. I have moreover to inform you that, inasmuch as the gov- ernment of the United States of America have recognized the "local government" of this port, as the legal govern- ment thereof, either ad interim or otherwise, both through the commanders of their vessels of war, which have visited the port, and by accrediting a " commercial agent" to the posts, that the question at issue between the local authorities and Accessory Transit Company of Nicaragua, is in my opinion " at present" a local question, and that the govern- ment of the United States of America will not justify you in a forcible resistance (involving the sacrifice of life) to these authorities. But if the city council of San Juan del Norte, or Grey- town, exceed their authority, and violate the rights of the " Accessory Transit Company of Nicaragua," either under cover of their laws or otherwise, that they are amenable to you for all damages or injury which you may sustain at their hands. I have also to assure you that the government Avhich I represent shall be promptly and fully advised of all the pro- ceedings in this matter, in order to enable them to pursue such a course as to them may seem right and just. I had an interview with two members of the " city coun- cil" last evening, and I expected that your application for a stay of proceedings would have been granted. Respectfully yours, HENRY L. STEVENSON, U. S. Vice Commercial Agent. Thomas Baldwin, Esq., Agent, &c. British Consulate, Grey town, February 9, 1853. Sir: I have to acknowledge the receipt of j^our letter of this day's date, enclosing the copy of a protest entered by you at the office of the United States Commercial Agency, against the carrying into effect of an ordinance passed by the city council of Greytown, or San Juan del Norte. You also request my friendly offices in assisting you to protect the interests of the company you represent. Situated as we are at present, I can but advise you to ap- 308 FOREIGN AFFAIRS. peal to the supreme court of the municipality, so that judg- ment might be delayed, and that an opportunity might be given you to explain to the de facto authorities the nature of the title, or by what authority you occupy the position in dispute. I remain, sir, with the highest consideration, yours, very respectfully, HENRY GRANT FOOT, British Vice Consul. Thomas Baldavin, Esq., Agent, dec- Vice Admiral Seymour to Commodore Parker. F. Her Britannic Majesty s Ship Cumberland, At Bermuda, May 6, 1852. Sir : I have the honor to inform you that I have received the directions of her Majesty's government to place myself either personally, or through some judicious officer of the squadron under my orders, in communication with the com- mander-in-chief of the United States naval forces oif Grey- town, and to concert and conclude with him such arrange- ment as shall appear to both, conjointly, best suited to carry out the views of the two governments for the recognition of the de facto governing authorities of the port, until some permanent arrangement shall have been concluded for the general and final settlement of the Mosquito and Central American question now pending between Great Britain, the United States, and certain of the Central American States. I beg, in consequence, to acquaint you, that, as circum- stances prevent my proceeding at present to the West In- dies, I have delegated the execution of the above order to Commodore McQuhae, commanding the Jamaica division of the naval forces under my orders, in whose judgment and temper I have the utmost confidence. The Commodore has my directions to lose no time in pla- cing himself in communication with yourself, and I liave every confidence that you will, conjointly, cause such regu- lations to be firmly maintained as will answer the objects of our governments, and prevent any interruption to the order and peace of the city and port, pending the settlement of the question in course of negotiation. I have the honor to be, sir, with high respect and consid- eration, your most obedient servant, G. F. SEYMOUR, Vice Admiral and Commander-in-chief of her B. Majesty's Naval Forces on the N. American and West India Station. Commodore F. A. Parker, Commander-dn-chief of the U. S. naval forces in the W. Indies. FOREIGN AFFAIRS. 309 Comiruinder McQuhae to Commodore Parker. Her Britannic Majesty's steam tender Alban, At Greytown, June 9, 1852. Sir : Having been instructed by Vice Admiral Sir Greo. F. Seymour, K. C. B., commander-in-chief, to repair to this place and to enter into communication with you for the pur- pose of conjointly agreeing upon such arrangement as may seem to us to be requisite in consequeuce of the provisional recognition, by the United States Government, of the au- thorities now de facto existing at Greytown, I conceive that the duty that has been delegated to us may be easily dis- posed of; there appearing to me, after a careful examina- tion of the revised constitution and port regulations, and of the municipal laws established by the city council elected under the same, little upon Avhich a difference of opinion can exist, particularly as we are only called upon to recom- mend such alterations and modifications of these laws and regulations as may appear to us, conjointly, to act partially or unreasonably. I greatly regret that I have not had the honor of meeting you here, as I believe the service entrusted to us Avould have been executed with perfect cordiality and speedily brought to a conclusion. Referring to the several points of the instructions ad- dressed to you by the United States Secretary of State, Mr. Webster : 1st. I am of opinion that the municipal laws and regula- tions are reasonable and well adapted to the rapidly chang- ing social condition of the district, and that they have not been improperly enforced. 2d. There are no tonnage duties imposed. 3d. The port charges are probably as moderate as the pre- sent circumstances of the settlement will admit of, and are I believe strictly appropriated to the purjioses for which they are indiscriminately levied. 4th. The assumed boundaries of the settlement I consider absolutely required, to authorize the council of Greytown to extend provisionally their jurisdiction and the power of law, for the protection of life and property along the great tho- roughfare of the San Juan up to the undisputed boundary of the Republic of Nicaragua at the head of the Machuca rapid. Should you coincide with me in these opinions, the service entrusted to us becomes limited to the duty of framing and agreeing upon the instructions to be issued conjointly to the 310 FOREIGN AFFAIRS. captains and commanders of the vessels of war of our respec- tive nations which may he stationed here, so that in accord- ance with the friendly spirit existing between the United States government and that of her Britannic Majesty those officers may, on all occasions, act in unison and with cordi- ality, in giving such aid and assistance to the authorities de facto as the circumstances and emergencies of the case might urgently demand, for the preservation of the peace and tranquillity of the city and district. I have drawn up the directions for the guidance of the se- nior officer of her Majesty's ships stationed here for the pre- sent, under the impression that you may concur with the oinnions as ahove stated, but should you take different views on any points to which our respective instructions have re- ference, I shall be most ready to take into my immediate and respectful consideration any alteration or modification of the same which you may think it your duty to suggest. Commander Camj)bell, who is left in charge of this part of the station, will forward to me, or bring to Port Royal, any despatches you may think proper to commit to his care. You will perceive that my instructions are formed in a great measure upon the principle of non-interference with the management of the body corporate, in matters purely local, and of granting aid only when there might be real danger to life and property from serious rioting or tumultuous pro- ceedings in the conduct of the numerous passers through Greytown, almost constantly in transit between the Atlantic and Pacific; in short generally to leave the authorities de facto to carry out their laws and regulations, and only to help them Avhen a chance might exist of the force at their disposal being inadequate to the imminence of a temporary danger. I again express my great regret at not meeting you here, and I have the honor to be, with the greatest respect, sir, your most obedient humble servant, P. McQUHAE, Commander in command of the Jamaica Division of the North American and West India Station. To Commodore F. A. Parker, Commander-in-cliief of the United States Naval Forces in the West Indies. G. This communication to Captain HoUins states that the writer H. W. Wagner, M. D., was violently assaulted on the 14th March, at !San Juan, by three individuals belonging to FOREIGN AFFAIRS. 311 the militia of tlie town, alleging that he had made false statements with regard to the destruction of property by the authorities at Punta Arenas. He claimed the protection of Captain Hollins, as in consequence of the threats of these assailants he considered his life in danger when he was com- pelled to visit San Juan. H. United States ship Cyane, Harbor of San Juan de Nicaragua, March 14, 1853. Information having been lodged with me that an assault was committed upon the person of a citizen of the United States, by some person or persons in the town of San Juan de Nicaragua, I hereby Avarn all persons, in said town, that in case of any future molestation of any citizen of the United States, or property belonging to the same, I shall take such steps as to bring the offender to punishment. And further, that all boats passing to and from Point Arenas and San Juan de Nicaragua, will pass within hail of the ship under my command. GEO. N. HOLLINS, Commanding Uiiited States ship Cyane. I. British Consulate, March 15, 1853. My dear Sir: I see no necessity for any alteration in the programme of the notice you have sent for my perusal, further than an allusion which might be made to the resig- nation of the municipal authorities, and the consequent ab- sence of any court whereby an American citizen or any other might obtain redress. A notice to this effect might be posted at any public place, at this consulate, and also the commercial agency of the United States, also at the old Station House. I have endeavored to induce a few of the inhabitants to act as magistrates for a short time, but Avithout effect. They seem to have organized a party for their own protection, Martin having been elected, what they denominate, a chief I shall look further into this matter, however, and see what can be done. In the meantime your proclamation, I think, will be of infinite service. I remain, sir, yours, most repectfuUy, HENPtY GPiANT FOOTE. Commander Geo. N. Hollins, Commanding United States ship Cyane, d'c, d:c., &c. 312 FOREIGN AFFAIRS. J. To the Citizens of San Jtian de Nicaragua. Inasmucli as no competent authority is in existence in the town of San Juan del Nicaragua, to protect the property or persons of American or other citizens, and information hav- ing; been lodged with me that an assault was committed upon the person of an American citizen by some person or persons in said town, I hereby warn all jjersons in said town that, in case of any future molestation of any citizen or property, I shall take such steps as to bring the offender to i^unishment. And, further, that all boats to and from Point Arenas and San Juan de Nicaragua, will pass within hail of the ship under my command, GEO. N. HOLLINS, Commanding U. 8. S. Cyane. U. S. Ship Cyane, March 14, 1853. Harbor of San Juan de Nicaragua. REPLY OF THE NAVY DEPARTMENT. Mr. Secretary Bobbin to Commander George N HoUins. U. S. Navy Department, Washington, April 4, 1853. Sir: Your despatches of the 18th ultimo have been re- ceived. As the steamer leaves at so early a day after theii receipt, it is impracticable to communicate to you at length the views of the administration in relation to the complicated questions touching the present affairs in Central America. By the next steamer, which leaves on the 15th instant, you may expect further despatches. The IJnited States will be represented in Central America immediately by a Minister Plenipotentiary. In the mean- time you will consider it as the desire of the government that you should remain in the vicinity of San Juan, or Greytown, so long as your presence may be deemed necessary to pro- tect tlie property and persons of American citizens. Your prompt and prudent action, thus far, is approved It is of course very important, in order to avoid collision, that your course should be marked with caution; but, at the same time, the impression should be very distinctly made, that the United States are both able and determined to pro- tect the property and rights of American citizens. Of course you will confine yourself to that one duty, carefully avoiding any act committing your Government in any of the con- tested questions of jurisdiction at present disturbing that country. FOREIGN AFFAIRS. 313 The department is gratified to learn of the good conduct of those under your command. I am, very respectfully, your obedient servant, J. C. DOBBIN. Commander George N. Hollins, Com'g TJ. S. S. Cyane, San Juan de Nicaragua. 3fr. Bobbin to Commander Thos. A. Dornin. Navy Department, April 13, 1853. Sir: Your letters written at San Juan del Sud, 9th of February last, and at Panama, 21st ultimo, were duly re- ceived. The department approves your proceedings as indicated therein, and has but to remark that your course should be marked with caution, but at the same time the impression should be very distinctly made that the United States are both able and determined to protect tlie property and rights of American citizens. You will continue, wliilst separated from the commander- in-chief of the U. S. squadron in the Pacific, to communicate all matters of importance direct to the department. Very respectfully, your obedient servant, J. C. DOBBIN. Commander Thos. A. Dornin, Com'g U. S. /S'Ai/J Portsmouth, San Juan del Sud. VISIT OF H. B. M.'S WAR-STEAMER GEYSER AT GREYTOWN. Commander Hollins to the Secretary of the Navy, United States ship Cyane, San Juan de Nicaragua, March 30, 1853. Sir: Since my last communication of the 18th instant, her Britannic Majesty's war steamer Geyser arrived here under orders from Commodore McQuhae, who, I understand, has received a despatch from Mr. Martin, the late mayor and governor of this place, informing him that I had landed the marines of this ship, hauled down the Musquito flag, taken charge of the town, and blockaded the harbor. Under this false report the commodore has sent the com- mander of the Geyser to inquire into the facts of the case, to whom I have given all the particulars; and as he desired my views in writing, I gave them to him — a copy of which you will find marked (a,) and his reply to same marked (6,) from which it appears plainly that he is acting under in- structions from his commodore, who has assumed to himself 40 314 FOREIGN AFFAIRS. tlie right to district the limits of this city, as will appear from his letter to Commodore Parker, enclosed in my former communication to the department, and which was never re- ceived hy him. On my arrival here, not having any authority hy which I could he guided, I obeyed strictly the orders from the Navy Department to protect the property of the Accessory Transit Company, and also took for my guide the instructions of the late honorable Daniel Webster, which prescribes no special limits to this town, nor recognizes any jurisdiction of its court other than for its own police purposes, but at the same time gives to commanders of both American and English vessels of war full power to correct abuses and settle all diffi- culties. I deem it my duty to communicate to the department that the commander of the Geyser was at anchor in this port on the evening previous to which a posse was sent from Grey- town to Point Arenas, for the purpose of tearing down one of the buildings, and was informed by the agent of the Ac- cessory Transit Company of the intended destruction of said property; but, instead of interposing his protection, sailed from the port, leaving the employees and property of the company to the mercy of a reckless and lawless band of men, who acted in a most outrageous manner, not even jjermitting the clerks of the company to save the property in the house, and actually imprisoned and fined one of them for attempt- ing to rescue some valuable articles from destruction. If, according to the instructions of the late honorable Dan- iel Webster, referred to in this letter, the commanders of English men-of-war have orders similar to those given to our naval commanders, it would seem from the course adopted by the present commander of the Geyser, that he must be acting under orders from Commodore McQuhae, entirely at variance with those by which I have deemed it my duty to be guided. In conclusion, I will call the attention of the department to the fact, that Commodore McQuhae has given very exten- sive boundaries to a place that is only recognized pro tem- pore by the governments of the United States and Great Britain; and includes Point Arenas within the jurisdiction of the city of San Juan de Nicaragua, giving the right to said city to execute any decree of their court, let it be ever so unjust to either persons or property. And I am fully con- vinced from what I have seen and heard, that the whole cause of this hostility towards the company proceeds from their refusing to move their depot and steamers to the city FOREIGN AFFAIRS. 315 of San Juan de Nicaragua, wliicli would be injurious to all tlieir best interests. The United States commercial agent, Mr. Stevenson, has not honored me with a visit up to the time I write. I am also happy to inform you that the officers and men enjoy good health. While I have the honor to be, with the greatest respect sir, your obedient servant, GEORGE N. HOLLINS, Commander. To the honorable Secretary of the Navy. [Enclosed.] a. U. S. Ship Cyane, San Juan de Nicaragua, March 21, 1853. Sir: After the conversation I had with you yesterday, I have thought it would be better to inform you in writing bow I have construed the instructions of the late honorable Daniel Webster, Secretary of State of the United States. Viewing those instructions as explicit in reference to all difficulties that might occur at San Juan de Nicaragua, I will now state plainly that all property belonn- ing to either English or American citizens, lying in or out of said city limits, is to be protected from any injury attempted on the same by the inhabitants of that town, ''peaceably if we can, forcibly if we must;" and so long as they conduct themselves properly, it is our duty to assist them in sustaining such municipal laws as they may deem it necessary to make for their better government. Beyond this I will not recognize any right on the part of their court, to exercise jurisdic- tion over the persons and property of the Accessory Transit Company at Point Arenas. These are my views, and I shall wait for further instructions from my govern- ment. By giving me yours on the same subject, you will oblige your obedient servant GEORGE N. HOLLINS, Commanding U. S. Ship Cyaiie. Captain Wilson, Covimanding H. B. 31. Steamer Geyser. b. Her Majesty's Ship Geyser, Greytown, March 28, 1853. Sir: In reply to your communication of yesterday's date, I beg to state that, as the existing authorities of Greytown have been recognized pro tempore by the governments of Great Britain and the United States, and as I understand Point Arenas to be within the limits of their jurisdiction, any means taken by me to put a stop to their proceedings against the Accessory Transit Company's estab- lishment on that point, would be an unnecessary interference in their affairs, which I have express instructions to avoid. I conceive those proceedings to be legal, and the persons and property of the Accessory Transit Company to be as amenable to the laws of the Greytown government as the humblest individual in the community. During my late service here iu the month of February, when the j)roceedings against the company were first instituted, I acted in accordance with these views. As, however, you consider your instructions to enjoin a different line of conduct, and as you have thought it your duty to arrest the proceedings of the munici- pality, until the arrival of further instructions from Washington, 1 beg to state that, in the meantime, until I receive further instructions from Commodore McQuhae, I will co-operate with you heartily in endeavoring to preserve the peace of the town, and affording protection to life and property. I have the honor to be, sir, your obedient servant, THOiMAS WILSON, Commander. Captain Holliss, Commanding the United States Frigate Cyane. 34 316 FOREIGN AFFAIRS. VIEWS OF THE ADMINISTRATION. Secretary of the Navy in reply to Commander Hollins. U. S. Navy DeparTxMent, Washington, April 14, 1853. Sir: Your communication from San Juan de Nicaragua, bearing date March 30, 1853, covering a correspondence with the commander of her majesty's war steamer, the Gey- ser, has been received. I apprehend you have, ere this, received a communication from this department approving your conduct as reported in your despatches bearing date United States ship Cyane, harbor of San Juan de Nicaragua, March 18, 1853. While, however, your prompt interposition to protect the property of American citizens interested in the Accessory Transit Company meets with the entire approbation of the govern- ment, it is deemed proper to put you in full possession of the grounds on which that approval is based, and the views and policy of the government in relation to certain questions bear- ing on the subject matter more immediately under consider- ation. You seem to entertain the opinion that it was the duty of the commander of the British war steamer, the Geyser, to interpose also for the protection of the property of the Ac- cessory Transit Company, and express surprise that he should have sailed from the port on the evening before the destruc- tion of the buildings, although "he was informed by the agent of the intended destruction." Your opinion seems to be based on the supposition that, by the convention between Great Britain and the United States of the 19th of April, 1850, it became the duty of those two powers to afford that protection. It is proper to suggest to you, that the conven- tion of the 19th of April, 1850, stipulates that any company formed to promote a communication "by ship canal, which may be constructed between the Atlantic and Pacific oceans, shall receive the protection of Great Britain and the United States." It is true, therefore, that there is nothing in that treaty, expi'essly in so many icords, guaranteeing tlieir joint protection to the "Accessory Transit Company," formed since "the American Atlantic and Pacific Ship Canal Company," whose proposed mode of inter-oceanic communication is not by "ship canal." It is further true, however, that in the 8tli article of said treaty, the two governments do "agree to extend their pro- tection by treaty stipulations to any other practicable commu- nications, whether by canal or railway;" but whether, under FOREIGN AFFAIRS. 317 the spirit and true meaning of that convention, it is the duty of the two governments to protect the "Accessory Transit Company" as a company, is a question in regard to which you need not embarrass yourself, as the propriety of your action is justified on principles entirely distinct. If any of the subjects of her Britannic Majesty were interested as stockholders in said company, and the commander of the British war steamer declined interposition to save their pro- perty from destruction, it is a position in regard to which the United States have no desire, perhaps to disposition, to complain. Your conduct in affording protection, and saving from de- struction the property of that company, is commended not because of any supposed stipulation for that purpose, by con- vention between Great Britain and the United States, hut because American citizens are largely and chiefly interested in said company, the charter of wliich was granted and guar- anteed by the State of Nicaragua, within the limits of which State the town of San Juan is situated, and which charter was granted even long before any attempt was made to con- vert Greytown into what is now alleged to be an independ- ent city. The authorities of Greytown have no right to interfere with rights and privileges thus granted by the State of Nicaragua. When, they, thereibre, attempted to destroy the property of the company, your interference is justified and approved, solely, because it is regarded as an unauthorized attempt to disturb the rights of American citi- zens, and the United States desire that the American citizen ''shall realize that, upon every sea and on every soil where our enterprize may rightfully seek the protection of our flag, American citizenship is an inviolable panoply for the secu- rity of American rights." These suggestions are probably sufficient to inform you of the proper grounds on which the approval of your con- duct is based, and on which it is desired you should place your justification. But as it is not possible to foresee what state of events may arise near that country, it is perhaps proper to give you somewhat more fully the views of the government touching some of the more prominent questions Avhich may possibly engage your attention. San Juan de Nicaragua, or Greytown, is regarded by the United States as within the limits of the State of Nicaragua. It has never been recognized by the United States as an in- dependent government; no consul has been sent there, but on the contrary merely a commercial agent recognized, in whose commission San Juan de Nicaragua is expressly 318 FOREIGN AFFAIRS. stated to be within tlie limits of the State of Nicaragua. It is understood that this town claims its independence under a charter from a personage at the head of a tribe of Indians, called the Mosquito King. The United States have never recognized the government of the Mosquito King; and does not recognize the validity of his charter to the few settlers in Greytown; but, at the same time, you are expressly in- structed to respect the police regulations of any temporary organization there, and not to molest them in the slightest degree, except under the contingencies previously mentioned. It is not understood by the United States that Great Bri- tain has any greater interests or rights in that or any other portion of Central America than the United States, but on the contrary it is understood that by the convention of the 19tb of April she retired from the Mosquito Protectorate, and agreed "not to assume or exercise any dominion over Nicaragua, Costa Rica, the Mosquito coast, or any part of Central America." It is, therefore, to be assumed that the interest manifested by Commander Thomas Wilson, of Her Majesty's ship Geyser, in his communication to you of the 28th of March last, was not with a view to interfere with your interposition in behalf of American citizens, nor to ex- ercise any peculiar guardianship over the authorities of Greytown, but merely with a view to the single point of inquiry as to the duty of both Great Britain and the United States, under the convention of April, 1850, to protect the Accessory Transit Company. Until the contrary appears you will, therefore, in any further communications with Commander Wilson, assume that to be the position of her Majesty's government. A portion of the property attempted to be destroyed is on Point Arenas. Now Point Arenas is either a part of Costa Rica, or Nicaragua. If it be within the limits of Costa Rica, it is manifest that the authorities of Greytown, in the State of Nicaragua, have no right to molest persons or property there. If it be within the limits of Nicaragua, then the authorities of Greytown have no right to inter- fere, because of the privilege granted by the State govern- ment of Nicaragua prior even to any attempted separate or- ganization at that town. It is not apprehended, however, that any further difficulty will occur with the authorities of Greytown, nor is it supposed that her Majesty's govern- ment will improperly interfere. So soon as there is no apparent necessity for your remain- ing at San Juan, the health of your crew would, perhaps, be promoted by cruising from that station to Pensacola. FOREIGN AFFAIRS. 319 Commodore Newton will be instructed as to the future movements of the home squadron. I am, respectfully, your obedient servant, J. C. DOBBIN. Commodore George N. Hollins, Commanding U. S. Ship Cyane, San Jiian de Nicaragua. 3Ir. Dobbin to Commodore Newton. [Enclosing the foregoing despatch.] Navy Department, April 15, 1853. Sir: For your information and guide you will receive, herewith enclosed, copy of a letter addressed to Commander George N. Hollins, of the U. S. ship Cyane, at San Juan de Nicaragua, touching his duties and the state of events at that port. The department has deemed it proper in approving the conduct of Commander Hollins, as indicated in his despatches from San Juan de Nicaragua, to state to him the views and policy of the Government in relation to certain questions bearing on the subject matter, and the grounds on wliich that approval is based. Further instructions to the Com- mander-in-chief of the home squadron are not considered necessary at this time, but your attention is again invited to the orders of the department requiring occasional visits, by the vessels of the home squadron to the port of San Juan de Nicaragua, for the j)urpose of affording full protection to the rights and interests of all our citizens engaged in law- ful trade between the Atlantic and Pacific coasts of the United States. Very respectfully, your obedient servant, J. C. DOBBIN. Commodore J. S. Newton, Commanding U. S. Home Squadron, U. S. Frigate Columbia, Pensacola, Florida. U. S. Ship Cyane, San Juande Nicaragua, April \Q, 1853. Sir : I have the honor to acknowledge the receipt of your despatch of the 4th instant. Enclosed, I send you a communication from our commer- cial agent, marked A,* and my reply marked B. * A enclosed the documents C and D, which Commander Hollins in B declined to receive from Mr. Henry L. Stevenson, the United States Commercial Agent. 320 FOREIGN AFFAIRS. His never having called upon, or written to, me during all these difficulties, under the pretence of sickness, and as I am well informed did not use any means to stop the de- predations upon the Accessory Transit Company, further- more, having been one of those who, on a previous occasion, signed a petition from an English man-of-war to fire into the Prometheus, and his conduct altogether being so noto- rious, I decline having any thing to do with him in his official capacity. The document marked C is a correct copy of the rosolu- tions passed by the people of Greytown, or San Juan del Norte, on the evening of the 31st ultimo; the one marked D is the Mayor's letter, enclosing the resolutions and my answer to the same, marked E. At present all is quiet, but I have heard they threaten the destruction of the property as soon as I leave the har- bor. Under such a threat, I do not deem it advisable to leave the harbor before being relieved, or some positive ar- rangement can be made with the authorities, by which the property of the company will be respected. The English commanders in this region have received or- ders from their minister at Washington, not to permit the property of the company to be molested, but at the same time their orders from the commodore of the station are for them not to remain in port over forty-eight hours, on ac- count of preserving the health of their crew. There are men in San Juan so determined on the removal or destruction of the company's property, for their own per- sonal interests, that little or no faith can be put in any promises they may make, so long as there is not some force to keep them in check. It is with great regret I have to inform you that several of the crew have been sick, but under the kind and constant attention of the surgeon, Dr. Spotswood, who has thus far kept the disease under his control, it has not proved fatal; but persons suifering from sickness in this climate require a long time to recover their usual strength. I am, sir, verv respectfully, your obedient servant, GEOEaE N. HOLLINS, Commanding United States Ship Cyane. Hon. J. C. Dobbin, Sec'ry of Navy, Washington, D. C. C. Greytown, or San Juan dki, Norte. Dear sir: The following^ are true copies of the resolutions passed by the peo- ple of Greytown, or San Juan del Norte, on the evening of the 31st March inst. Respectfully, yours, &c., T. J. MARTIN, Mayor elect. To Geo. N. Hollins, Esq., Commatider United States ship Cyane. FOREIGN AFFAIRS. 321 [Copy.] " Whereas, we, the citizens of San Jiiaa del Norte, in convention assembled, consider our present unsettled condition and want of government as injurious to our interest, daily subjecting us to great inconvenience and to future evils, and in view of the necessity which may shortly arise for a government of this city, do " Resolve, That the citizens of San Juan del Norte, or Greytown, do hereliy authorize and ratify the organization of a provisional government ; and that the former members of the government, who resigned, be hereby appointed by the people to resume their functions, and that the said provisional government be governed by the constitution. " Resolved, That the vacancies oct-asioned by the resignation of Mr. J. V. Perrez, and the departure of S. S. Wood from this territory, be filled by Messrs. F. Mancho and A. Sigaud. '• The preamble and resolutions were accordingly put to vote and carried by universal acclamation. "Resolved, That the provisional authorities commence their government to- morrow morning. " .Messrs. Sigaud and Mancho signified their willingness to act. "On motion, the meeting adjourned. " W. H. DE FORREST, Chairman. "F. S.SALTER, Secretary. " GEO. M. USHER, Interpreter. '' San Juan dki, Norte, or Greytown." D. Greytown, or San Juan del Norte, April 1, 1853. Sir: Having received notice from H. L. Stevenson, Esq., United States commer- cial agent, that you are ready to receive communications direct, I have the honor to enclose yon a copy of resolutions passed by the citizens of Greytown, or Sun Juan del Norte, last evening, March 31, 1853, also a list of officers of the provis- ional government, and I am desirous of knowing if the same meets your appro- val. I have already communicated the above to her Brittannic Majesty's consul and the commander of her Brittannic Majesty's ship Geyser. I have the honor to be, your obedient servant, T. J. MARTIN, Mai/or elect. To George N. Hollins, Escj., Commander of United Sales ship Cyane. list of officers elect : Mayor. — T. J. Martin. Cilij Council. — W. Geering, B. Mooney, W. P. Kirkland, A. Sigaud, and F. Mancho. Judges of Supreme Court. — I*". Codv, J. Reddy, and P. Castillan. Health Officer.— Vl. A. Richards. E. U. S. Ship Cyane, Off Point Arenas, Ajml 1, 1853. Sir : I have the honor to acknowledge the receipt of your letter of this date, enclosing the resolutions passed bv the citizens of San Juan on the evening of the 31st of March, 1853. I will acknowledge your authority and the officers named in your letter, as ele;ted by the citizens of San Juan, so far as my instructions will allow, and no further. That there may be no misunderstanding between us, I send you the words of the late Daniel Webster, by which I am guided . " Meanwhile a temporary re- cognition of the existing authorities of the i)lace. sufficient to countenance any well intended endeavors on its part to preserve the public peace and punish wrong doers, would not be inconsistent with tlie policy and honor of the United States." I am pleased to hear you have again formed a government. The persons select- ed to fill the various offices are their own choice, of course I make no objection to them. I am, sir, very respectfully, &c., GEORGE N. hollins, Commanding U. S. ship Cyane. T. J. Martin, Esq., Mayor elect of San Juan del Norte. 41 THE CENTRAL AMERICAN QUESTION. THE OCCURRENCES AT SAN JUAN, AND THE TREATY OF 1850. [The following correspondeuce, which treats of the preceding transactions at San Juan de Nicaragua, was communicated to the Senate in compliance with a resolution of that body calling for any communication or correspondence with the British government growing out of the treaty of Washington of July 4, 1850, since the message of the President of the United States of January 4, 1853; and also copies of all instructions to our minister in England and all correspondence in relation thereto, that could be transmitted compatibly with the public interest. The negotiations on the subject to which they relate are still pending. President's Message, page lo. 33d Cong. 1st Suss., Senate Doc. Ex. No. 8.] THE TREATY OF 1850. Mr. Crampton to 3Ir. Marcy. [Private and confidential.] British Legation^ Washington, May 19, 1853. My Dear Sir: With reference to our conversation, yester- day, I enclose, for communication to the President, a copy of the dispatch from Lord Chxrendon, which I had tlie honor to read to you, in regard to the Central American question. I also send you a copy of the opinion of the queen's advo- cate, in relation to the construction of the 1st article of the treaty of April, 1850, of which I sj^oke to you. I would desire that the communication of these papers should be regarded, for the present, as confidential. In compliance with your wish, I send you all the documents of which I am in possession in regard to the proposed canal, from ocean to ocean, by the Isthmus of Darien; these are, the engineer's report, his journal, a map of Central America, with notes and a prospectus of the company. Believe me, my dear sir, with much respect, yours very faithfully, JOHN F. CRAMPTON. Hon. W. L. Marcy, &c., &c. OPINION OP THE QUEEN'S ADVOCATE. Mr. Harding to the Earl of Clarendon. Doctors' Commons, April 15, 1853. My Lord: I am honored with your Lordship's commands, signified in Mr. Addington's letter of the 7th instant, stating that ho was directed to transmit to me a dispatch from Mr. Crampton, her Majesty's minister at Washington, enclosing a report of a speech made in the Senate of the United States by Mr. Clayton, by whom, when Secretary of State for the 322 FOREIGN AFFAIRS. 32,"] United States, the treaty for the construction of an inter- oceanic ship canal between the Atlantic and Pacific oceans, across the Isthmus of Nicaragua, was signed with Sir Henry Bulwer, at that time her Majesty's minister at Washington, and with reference to the construction put by Mr. Clayton uj)on the 1st article of that treaty, namely, that Great Britain is thereby prohibited from protecting by force of arms any state in Central America, notwithstanding any alliance between her Majesty and either of those States. Mr. Addington is pleased to request that I would report to your lordship my opinion upon the interpretation given by Mr. Clayton to the provisions of that article. In obedience to your lordship's commands, I have taken the matter into consideration, and have the honor to report, that I am of opinion that the interpretation given by Mr. Clayton to the provisions of the 1st article of the enclosed treaty (convention signed at Washington, April 19, 1850) is in some respects incorrect. His statement that Grreat Britain cannot place "an armed soldier on the territory without violating the treaty," is, in my opinion, incorrect; and I can see nothing in the treaty which affords any foundation or color for such a statement. The first article expressly recognizes the fact, that Great Britain has and may have alliances with, and afibrds and may afford, protection to States and people in Central Amer- ica, and only stipulates that neither shall be made use of for the particular purposes therein forbidden, and the maxim of construction "Exprcssio luiius est exclusio alterias" ap})lies to this article. Great Britain, therefore, may, in ra}^ opinion, i^rotect any State or people (including Indian tribes) in Central America, even by force of arms, if needful, without violating the treaty, provided only that she, in atibrding such protection, wholly abstains from occupying, fortifying, colonizing, or assuming, or exercising any dominion beyond her own terri- tory in Central America. Neither does there appear to me to be anything in the treaty which would necessarily prevent Great Britain from sending a fleet or army, if necessary, into any part of Central America, or from conducting any naval or military operations, either aggressive or defensive, and either alone or in alliance with any other nations or States, in any part of Central America. She may certainly do so if she abstains from "occupying" or "fortifying, or assuming or exercising dominion" therein beyond her own territory. There is not in the treaty any stipulation (for instance) that Great Britain shall abstain from preventing, by forcStates has never acquiesced. It is not i)roposed, on tliis occasion, to discuss this question; for, however de- cided, it cannot change the aspect of the transaction alluded to. It is not ])robable that any attempt will be made to claim for the people at San Juan any authority over Punta Arenas — derived from the Mosquito Indians, even if it Avero possible to invest them "with sovereign authority over the country tliey have occupied. Punta Arenas, it will be re- collected, is on the southern bank of the river San Juan. At the tiiue when the Accessory Transit Company took pos- session of it, there was scarcely the foreshadowing of a pre- tension to a claim for these Indians to any territory what- ever on the south side of that river. With such a title, and actual possession under it, by the Accessory Transit Company, the extraordinary proceedings of tlie people at San Juan to destroy the company's property at Punta Arenas seems to me to deserve no countenance from any quarter ; nor does the assistance rendered to the com]iany, being composed of citizens of the United States, by the commanding officer of one of our national vessels, merit rebuke or require justification. I am quite sure her Majesty's Secretary of State would not have commented as he has upon the transaction, if all the facts had been known to him. The main, if not the only ground of objection presented by her Majesty's government to the conduct of the commander of the Cyane, is not. as I understand tlie dispatch of Lord Clarendon, that Capt. Hollins interposed to prevent acts of violence from being per])otrated against the company, "but that he did not, in the lirst in- stance, at least," confine "that inter})osition to a umrnhuj to the town council of Greytown to desist from those forcible proceedings, under pain of compelling him, if they were persisted in, to interfej-e by force of arms, in protection of the company, until the question of lawful or unlawful occu- pancy should have been fairly decided." Lord Clarendon assumes that no such warning was given; and the omission to give it appears to be the only ground for his animadversions on the conduct of the commander of 332 FOREIGN AFFAIRS. the Cyanc. This ground is entirely swept away by the facts of the case. The icanving to the full extent suggested urns given to the town council of 8an Juan, over and over again. The day before that fixed on for the demolition of the build ings on Punta Arenas by the people at San Juan, Captain Hollins, hearing of their intention to commit that act of vio- lence, sent Theodore P. Green, his first lieutenant, on. shore, with directions to inform the people of San Juan that if they attcm])ted to carry their resolution to destroy the pro- perty at Punta Arenas into effect, he should resist them by force. Lieutenant G-reen gave this warning to the mayor and common council, while in session at their council cham- ber. He, in fact, did all that Lord Clarendon suggests as proper to have been done ])rior to an allowable interposition l»y an armed force. But Captain Hollins' precautionary steps went much further. In the morning of the same day on which the attempt was made to destroy the property at Punta Arenas by tlie people of San Juan, being informed that they did not intend to heed this warning and desist, but were preparing to execute the threatened outrage, he went himself on shore, and in person to the common council, then in session, and notified them " that he should be compelled to put a stop to any depredations they might attemj^t upon the property of the Accessory Transit Company." Captain Hollins' efforts to prevent the violent proceedings of the people at San Juan, did not cease with this twice-repeated "Avarning;" but, after his return on board of the Cyane, he issued a written warning, addressed to the mayor of that place, of which the following is a correct copy. United States Ship Cyane, Harbor of San Juan del Norte, or Gret/town, March 11, 1853. Sir: After the interview I had with jour "honor" this morning, before yonr honorable council assembled, I have to state, most respectfully that I cannot per- mit any depredations on the property of the Accessory Transit Company whose de- j)Ot is located upon Punta Arenas, at the entrance of this harbor. I am, verv respectfuUv, your obedient servant, GEO. N. ITOLLTNS, Commander U. S. S. Ci/ane. To his Honor, the Mayor of San Juan del Norte, or Greytown, Nicaragua. These facts, Avhen brought to its notice, must, as the Pre- sident believes, convince her Majesty's government that there is no cause for taking the exception which it has taken to Captain Hollins' conduct at San Juan in March last; they must remove from Lord Clarendon's mind all feelings of re- gret, and all apprehension that the occurrences to which he refers will, in any way complicate "the already sufficiently embarrassing and difficult question" between the two gov- ernments in res'ard to Central America. FOREIGN AFFAIRS. 333 The President considers it to have been the unquestionable duty of the commander of the Cyano to afford tlie protection he did to the Accessory Transit Company against tlie threat- ened outrage of the people at San Juan; and he cannot dis- cover anything in the manner of ])erlbrming that duty to which any exception ought to be taken. If there be anything in the transactions at Han J nan at that time to be regretted, it is the course whicli the com- mander of the British steamer Geyser saw fit to pursue, in regard to this movement of tlie p()])ulace at that jdace, a sliort time previous to that of the 11th March, against the servants and property of the Accessory Transit Company, on Punta Arenas. On the evening previous to the day when an attack upon both was made by a party from San Juan, the captain of the Geyser Avas at anchor in the harbor, and was notified by the company's agent of the intended attack tlie next day on the property of that company at Punta Arenas; but, in- stead of interposing to prevent the meditated destruction of it, or to dissuade the reckless meu engaged in that project, from an act so outrageous — so likely to lead to violence and civil confusion — he departed temporarily from the port, leaving the servants and pro])erty of the com))a!iy at the mercy of their assailants. It is reasonable to conclude that, if the kind offices of that officer had been tiien vigorously in- terposed, and his departure from the port at that crisis had not given some plausibility to the inference— d()ul)tless un- just towards Captain Wilson — that he did not disa})prove of the movement, no force would have been requii'od to prevent difficulties at that or any subsequent period. It is proper to say, in conclusion, that tlie President does not authorize me to say in reply to the dispatch of her Bri- tannic Majesty's princijjal secretary of state for foreign af- fairs, anything which maybe construed into a recognition on his part, of the claim set up by the people at San Juan to sovereign authority in themselves over any territory what- ever, or to any municipal or corporate powers, or political or- ganization derogatory to the sovereign rights of either Nica- ragua or Costa Pica; nor does he regard any instructions heretofore issued from this or the Navy Department to our naval officers, for the temporary recognition of an authority for the mere purpose of preserving the public peace, and pun- ishing wrong doers, by the anomalous settlement at San Juan as sanctioning the pi'etensions of the people of that place to be considered a de facto government, indepenpv of it, if a copy shouhl he requested. I am, sir, resi)ectfully, vour ohedient servant. W. L. MARCY. Joseph R. Ln'(;eksoll. Esq.. S:c. CONDUCT OF CAPTAIN IIpLLINS— THE MOSQUITO COUNTRY. Lord Clarendon to Mr. Crampton. Foreign Office, Juhj 22. 1853. Sir: I transmit to you herewith the copy of a dispatch ad- dressed hy the United States Secretary of State to the Uni- ted States Minister in this country, which, hy the direction of his government, the latter gentleman has put into my hands. That dispatch has reference to the recent occur- rences at (xrey town and Punta Arenas, and to the conduct of Captain HoUins, the commander of the U. States ship "Cy- ane," on that occasion. The tone of that dis])atch, if not hostile, is certainly not such as her Majesty's government had hoped ibr from tlie United States government, after the many fair and friendly efforts which, at some sacrifice of feeling, with respect to tlie Mosquito country, they have for some time past made with the United States government, in order to hring ahout in concert with them, a mutually advantageous and equitahle settlement of the affairs of Central America, more especially in reference to (xrey town and the Mosquito country. In justifying the conduct of Cajitain Hollins, in the dis- ]>ute which occurred in the month of Fehruary last, between the Accessory Transit Company and the de facto government of Greytown, the United States Secretary of State applies tlie word rehuke to tlie re[)resentation Avliich, in ray dispatch No. 21, of the 29th of April last, I directed you to make, on the part of her Majesty's government, to the government of the United States on the subject of the proceedings of that officer ; but I neither rebuked, nor invited a rebuke upon Captain Hollins. I merely pointed out, in temperate lan- guage, the erroneous position in which, in my view of the matter, that officer had placed himself; and in order to avoid all danger of future misunderstanding, I requested that stringent instructions might be conveyed to the United States commanders on that station, for the guidance of their conduct on similar occasions, in a sense different from tliat FOREIGN AFFAIRS. 335 pursued by Captain Hollins. That request was grounded on the instructions wliich were furnished in the spring of 1852, by the British and United States governments to their respec- tive naval commanders in Central America, directing them to support, in conjunction, and pending the negotiations for the settlement of the Central American question, the de facto government of Greytown. Now, that government claimed a right to the Isthmus called Punta Arenas, over against Grey- town, on the other side of the mouth of the river San Juan; and on the written request of the Accessory Transit Com- pany, dated the 11th of June, 1851, to the effect that the company desired the use of a portion of the land on the other side of the harbor, near Punta Arenas, measuring two hun- dred feet east to west, and four hundred feet north to south, the government of Greytown had ceded that portion of land to the company, at a nominal rent, " until the land in ques- tion might be required for the purposes of the Mosquito government." This agreement, therefore, clearly shows that the Accessory Transit Company considered the land in ques- tion as dependent on Greytown, and that they were bound to evacuate it whenever required by the government of Grey- town. They were so required in Pe])ruary last, and refused ; and the United States commander, not only supported them in that refusal, but landed an armed force to protect them against the authorities of Greytown. It was this act that her Majesty's government considered as oppose'd to the mu- tual instructions given, and the understanding entered into in 1852 between tlie governments of Great Britain and the United States, and they instructed you accordingly to make a representation against it, and to request that fresh instruc- tions might be sent out to prevent a recurrence of sucli })ro- ceedings. Her Majesty's government fully admit that the conduct of the government of Greytown, in tlie violent measures wliich they took for forcibly ejecting the Accessory Transit Company from Punta Arenas, was injudicious and intemperate : and they have made known that opinion to tliose authorities. But that conduct does not, in the judgment of her Majesty's government, justify the strong measures of coercion adopted by Captain Hollins against the Greytown government. In fact, nothing could, in the opinion of her Majesty's govern- ment, warrant either an United States or a Britisli naval officer, under tlieir mutual instructions, in landing armed men from their ships at Punta Arenas, for the i)rotection of the Accessory Transit Company against the enforcement of the terms of a written agreement by the de facto government 336 FOREIGN AFFAIRS. of Grreytown, with which the agreement had been volunta- rily made. It was competent to the United States commander to use the most urgent means of persuasion with the govern- ment of Greytown, to induce them to desist from their ill- judged course of violence, hut not to employ an armed force for that purpose. Mr. Marcy observes that if, as Nicaragua asserts, Punta Arenas is within the territorial limits of Nicaragua, the right of the Accessory Transit Company can hardly be drawn in question, because they hold their charter I'rom the govern- ment of Nicaragua. But the fact of the company having rented Punta Arenas, as above described, from Greytown by a voluntary written agreement, founded on their own appli- cation, sets this question at rest, for having acknowledged the right of Greytown, and held under that acknowledgment, the company cannot now turn round, and acknowledge the opposite right of Nicaragua. Her Majesty's government deeply regret the language which the United States Secretary of State has thought it expedient to employ in his dispatch, in speaking of the Mos- quito country and of Nicaragua. Her Majesty's government were necessarily conscious of the light in which the govern- ment of the United States had always, and, it is admitted, consistently, viewed the Mosquito country. But the United States government were equally cognizant of the long stand- ing relations of Great Britain with that country, and of the moral impossibility of her abandoning that country and its ruler, after ages of protection afforded to them, without making such terms in their favor as should be consistent with their own lair claims, and with the dignity and honor of the British crown. Under this well known difference of views, it were the more to be desired that both governments should sedulously abstain from all language calculated to bring that difference more prominently into view; and that they should, on the contrary, employ their best efforts to throw that difference into the shade, and to settle the question at issue in a manner equally beneficial and creditable to both. 1 have already stated, in my dispatch. No. 36, of the 27th of May, that, until the general Central American question shall have been finally determined, her Majesty's government must regard the territorial rights of Mosquito, including Greytown (saving the de facto arrangement entered into with regard to the latter,) in the same light in which they have always been regarded by Great Britain; and that her Majes- ty's government cannot recognize any pretension on the part FOREIGN AFFAIRS. 337 of Nicaragua or of Honduras to any part of that territory. They must, on the contrary, continue to resist any such pre- tension. In repeating tliis declamtion, however, her Majesty's government again, and in the most cordial manner, invite the United States government to join with them in devising and carrying out such an arrangement, with regard to the Mosquito country and Central America generally, as shall botli tend to remove any chance of future misunderstanding between two great and kindred countries, and shall also aiford a better prospect than now exists of l)ringing into the pale of political and commercial enlightenment a vast and noble region lying between the northern and southern continents of America, which, to all practical interests, is now lost to the world. I am, &c., CLARENDON. J. F. Crampton, Esq., dc, dc. . MR. REVERDY JOHNSON'S OPINION. Letter from the late Attorney General of the United States, giving his opinion on the construction of the treaty of Wash- ington, of July 4, 1850.* Washington, December 30, 1853. My Dear Sir : I cannot hesitate to comply with your re- quest to give you my opinion on the construction of the treaty of Washington, of the 19th of April, 1850. Pending the negotiation of this treaty, I exerted myself in personal conferences with Sir Henry L. Bulwer, to bring about an agreement between you and him, and, on several occasions, I had tlie honor to be consulted by you both, particularly in reference to the declarations made on both sides, at or about the time of the exchange of ratifications. In tlie first draft of the first article of the treaty, pre- sented by you for the consideration of the President, the contracting parties were obligated not "to occupy, or fortify, or colonize, or assume, or exercise any dominion over Nica- ragua, Costa Rica, the Mosquito coast, or any part of Cen- tral America." I thought then, as you did, that these words were sufficient to exclude any nation disposed to observe the faith of treaties, from occupying, fortifying colonizing, or assuming, or exercising any dominion, under any pretext or for any purpose. I still think so; but I remember well that other gentlemen, who were consulted at the time, desired, * Submitted to the Senate by Mr. Clayton, January 3, 1854, and ordered to be printed. v . 338 FOREIGN AFFAIRS. from abundant caution, that Great Britain should pledge herself not to make use of any protection which she af- forded, or might afford, or any alliance which she had, or might have, to or with any State or peoj)le, for the purpose of occupying, fortifying, or colonizing, or of assuming, or exercising dominion over that country. And, in conse- quence, the provision to that effect was introduced as a part of that article. The object of this was, still more especially to disarm the Mosquito protectorate of Great Britain in Central America. My opinion was then, and it now is, that this provision was not at all necessary. You thought as I did. But as it could not possibly weaken the force or the effect of the pre- ceding words, and, if effective at all, could only serve to render them more forcible and operative, we did not object to its insertion. If the former words prohibited, as they clearly did of themselves, the doing any of the particular acts specified, an express stipulation that such acts should not be done, by or under cover of protectorates or alli- ances, could only operate still more effectively and absolutely to prohibit them. As one of the advisers of the President, I unhesitatingly gave him my opinion, that the treaty did effectually, to all intents 'and purposes, disarm the British protectorate in Central America and the Mosquito coast, although it did not abolish the protectorate in terms, nor was it thought ad- visable to do so "I'rt ipsissimis verbis." All that was desired by us was, to extinguish British dominion over that country, whether held directly or indirectly — whether claimed by Great Britain in her own right, or in the right of the In- dians. But our government had no motive and no desire to prevent Great Britain from performing any of the duties which charity or compassion for a fallen race might dictate to her, or to deprive ourselves of the power to interfere to the same extent in the cause of humanity. We never de- signed to do anything which could enable the enemies of this miserable remnant of Indians to butcher or starve them, and we thought that both Great Britain and the United States owed it to their high character for civilization and humanity to interfere so far in their behalf as to prevent the extirpa- tion of the race, or the expulsion of them from the lands they occupied, without extinguishing, by a reasonable indemnity, the Indian title according to the rules of justice, which have been admitted both by the English and ourselves. But we did intend (and the treaty contains every thing for that pur- pose that could be desired) to prevent the British govern- FOREIGN AFFAIRS. 339 ment from using any armed force, without our consent, within the prohibited region under pretext or cover of her pretended protectorate. And when now reviewing what was done I say upon my responsibility as a lawyer, and as the legal ad- viser of the President at the time, that, in my judgment, human language could not be more properly and admirably selected for the purpose than that which you employed when you signed the treaty. It has been said, but I can hardly accredit it, that Great Britain now contends_, in virtue of the phraseology of the last part of the first article inciden- tally speaking of the protection which either party may use, that the treaty acknowledges the protectorate over the In- dians. If so, it equally acknowledges our protectorate over the same Indians, or over Nicaragua, or any State which we may choose to protect. The same words apply to both par- ties, and it is a bad rule that does not work equally for both. The moment Great Britain threatens with arms to defend the Indians, and claims a right to do so in virtue of the treaty, we may claim, by the same instrument, with equal justice, the right to take arms in defence of Honduras and Nicaragua. But, in my judgment, the treaty, which was meant for peaceful purposes, denies both to Great Britain and the United States the right to interfere by force of arms for any such purpose, or for any other purposes, except by mutual consent. If Great Britain may send an army into Nicaragua to defend the Indians without violating the treaty, which binds her not to occupy that country, then, by the same rule of construction, she may also fortify the whole of Cen- tral America, or introduce a colony there under the same pretext. Any adverse possession of Great Britain in Cen- tral America, without our consent, is an occupation in viola- tion of her national faith. The construction which would allow her to place an armed soldiery on the territory, for the purpose of protecting the Indians, would also allow her to assume absolute dominion there for the same purpose, and thus annul the whole treaty. But it may be said that some other nation may invade Central America, and that this construction would deprive both the contracting parties of the power to defend it. Not at all. Both parties have bound themselves to protect the canal, and all canals and all railroads that can be made, not only in Central America, but in any part of the isthmus which separates North from South America. In virtue of this obligation it would be the duty of both to resist, by the most effective means in their power, all invasions and other acts hostile to their great and philanthropic common purpose. 840 FOREIGN AFFAIRS. So, too, injuries or torts inflicted either by the Indians or by any Central American State, upon either American citizens or British subjects, may be punished by their respective governments without vioLating the treaty ; and no one of these states, by means of a convention, which is marked in every line by a devotion to the true principles of commerce, civilization, and equal justice to all men, can escape punish- ment for her injustice or oppression. This treaty is the first instance, within my knowledge, in which two great nations of the earth have thus endeavored to combine peacefully for the jarosecution and accomplishment of an object which, when completed, must advance the happiness and prosperity of all men ; and it would be a matter of deep regret if the philanthropic and noble objects of the negotiators should now be defeated by petty cavils and special pleading, on either side of the Atlantic. As to the declaration of Sir Henry L. Bulwer, and the counter declaration made by you at the time of the exchange of the ratifications, I probably had a better opportunity of understanding the views and objects of both of you than any other. I assisted, by your request, in the arrangement of the phraseology of the counter declaration, dated the fourth of July, 1850, to Sir Henry L. Bulwer's declaration of the 29th of June. By your request also, I examined Sir Henry L. Bulwer's powers, and conversed with him freely and fully on the whole subject, at the very moment when, in consequence of his dechiration, you threatened to break ofi" the whole negotiation. I remember well that after his declaration was received, there was a period when you had resolved to abandon the treaty in consequence of it ; but wlien Sir Henry consented to receive your counter declaration of the fourth of July, in which you expressly limited the term " her Majesty's settle- ment at Honduras," to that country which is known as British Honduras, as contra-distinguished or distinct from the state of Honduras, and also confined the word " depen- dencies" in his declaration to those " small islands" knoivn at the time to he such ; in Avhich also, while admitting Belize or British Honduras not to be included in the treaty, you disavowed all purpose of admitting any British title even there ; in which, too, you declared that tlie treaty did include '■ all the Central American States within their just limits and proper dependencies,'" and in which you expressly stated to him that no alteration could be iriade in the treaty Avith- out the consent of the Senate, and that he was understood as not even proposing any such alteration, — you then con- FOREIGN AFFAIRS. 341 sented to exchange upon that counter declaration, which, in your judgment, and in mine too, completely annulled every pretext for asserting that the declarations of the nego- tiators had altered the convention, or fixed an interpretation upon it contrary to the meaning of the President and Senate. We hoth considered then, and as a jurist I now hold it to be perfectly clear, that the exchange of the ratifications on that counter declaration was, on the part of the British minister, a complete waiver of every objection that could be taken to any statement contained in it. In point of law, the declarations of the negotiators, not submitted to the Senate, Avere of no validity, and could not afiect the treaty. Both understood that. This government had decided that question in the case of the Mexican proto- col, and the British government was officially informed of their decision. The very power to exchange ratifications gave them the same information, and it is absolutely impos- sible that the British minister could have been deceived on that subject. I remember well that you steadily refused every effort on the part of Sir Henry to induce you to recognize the Mos- quito title. The treaty left us at liberty to recognize the title of Nicaragua or any other Central American State, and left the British government the right to recognize the title of the Mosquito King. On these points the parties agreed to disagree. But the right to recognize is a very difierent affair from the right to compel others to recognize. The British protectorate was, I repeat, entirely disarmed by the treaty. How is it possible for Great Britain to protect if she cannot " occupy, or fortify, or assume any dominion whatever" in any part of the territory ? She is equally pro- hibited, in my opinion, from occupying for the purpose of protection, or protecting for the purpose of occupation. If she observes the treaty, her protectorate " stands (as you once well said of it in a dii)lomatic note) the shadow of a name." With regard to the British colony said to have been es- tablished on the 17th of July, 1852, in the islands of Ruatan, Bonacca, Utilla, Barbarat, Helena, and Morat, and desig- nated as the colony of the Bay of Islands, the question whether by establishing such a colony, Great Britain has violated the treaty of 1850, depends entirely upon facts in regard to which there are different opinions. The only islands known to this government on the 4th of July, 1850, to be dependencies of British Honduras or Belize, were those referred to in the fourth and fifth articles of the treaty 342 FOREIGN AFFAIRS- of London of the 14th of July, 1786. The fourth article pro- vides that " the English shall be permitted to occupy the small island known by the names of Casina, St. George's Key, or Cayo Catina," and by the fifth article, they " have the liberty of refitting their merchant ships in the southern triangle included between the point of Cayo Cafina and the cluster of small islands which are situated opposite that part of the coast occupied by the cutters, at the distance of eight leagues from the river Wallis, seven from Cayo Cafina, and three from the river Sibun, a place which has alwa3's been found well adapted for that purpose. For which end, the edifices and storehouses absolutely necessary for that service shall be allowed to be built." These articles in the treaty of 1786 give us the only knowledge of any small islands, which were, on the 4th of July, 1850, " dependencies" of British Honduras. I repeat, that the counter declaration ac- knowledges no other dependencies of British Honduras but those small islands Avhich were known to be sucli at its date. We knew, indeed, that Great Britain as well as Honduras had laid claim to Kuatan, but Ave had no information as to the ground on which the former rested her claim. Your reply to Sir Henry L. Bulwer avoided any recognition of the British claim to it, or other allusion to it than could be in- ferred from the positive assertion that the treaty did include all the Central American States "with their just limits and proper dependencies." If these islands were a part of any Central American State at the time of the treaty, the subse- quent colonization of them by Great Britain is a clear vio- lation of it. If, on the other hand, they did not then belong to any Central American State, it would be gross injustice on our part to pretend that the treaty did include them. My impression is, that Kuatan belongs to the State of Hon- duras, but my knowledge of the facts is too limited to enable me to express it without diffidence. 'During the administration of President Taylor, there was no new aggression by Great Britain in any part of the isth- mus which was not promptly met and resist<= 'V™Ser of tl e Cap<, OTOKteU V^caloulable ;r„sS;^, T^ 't i:l>^gt l su.ed a s^ape promising the realization of your brightest lo^- . ^ I am, dear s,r, sincerely yom '^^"^^'''ioHNSON. Hon. John M. Clayton, Pwierf States Senate, Washington. THE BOMBATIDMENT OF GREYTOWN. [From documents communicated by the President, July 31, 1854, in compliance with a resolution of the Senate calling for all the information in his possession respecting the bombardment of Greytown or San Juan de Nicaragua by Captain Hollins, in command of the United States ship Cyane, with copies of all orders or instructions, if any, given by the Executive to said Hollins in relation thereto.] OUTRAGE ON THE AMERICAN MINISTER. 3Ir. Borland to 3Ir. 3Iarcy. Washington, May 30, 1854. Sir: Having arrived in this city from my mission in-Cen- tral America, I beg leave to submit the following statement of occurrences, which I regard as important, and ask for it your early consideration. Inclosed herewith and marked (A,) is a printed slip, cut by me, from a New York newspaper, which purports to be a statement of those occurrences, prepared by the officers of the steamer Northern Light, and which I find to be correct in all material particulars. I present it in lieu of any separ- ate statement of my own, and adopt it as such. Inclosed, also, marked (B,) I hand you a copy of the agree- ment made by me with the persons I employed to remain at Punta Arenas, as a guard over the persons and property of our citizens. In addition, I deem it proper to remark: That although I was personally cognizant of the conduct of Captain Smith, for which he was charged with murder, and sought to be arrested by the so-called authorities of San Juan, or Grey- town, and was (as I now am) clearly and decidedly of opinion that he was justifiable in all he did, the question of his guilt or innocence did not enter into the considerations for which I interposed to protect him. He was a citizen of the United States, and the persons who sought to arrest and claimed the right to punish him, Avere not recognized by the United States as a government possessed of the right, or invested with the power, to exercise jurisdiction over any portion of Central America, or to determine any question involving the persons or property of our citizens. This ground I was not only authorized but required to assume, as well by the pre- cedents of interposition to protect our citizens at the same place and against the same persons, heretofore directed and sanctioned by our government, as by the special instructions under which my mission was undertaken. Besides, even 44 345 346 FOREIGN AFFAIRS. supposing the so-called authorities of San Juan, or Greytown, to be a government invested with the rights and powers I have denied over the territory embraced within their town limits, they certainly had no jurisdiction over that portion of territory upon which the obnoxious act of Captain Smith had been clone, as that was, although on the north bank, yet some ten or twelve miles above the mouth of the San Juan river. So of the place where his arrest was attempted (Punta Arenas,) on the south bank of the San Juan river, and the opposite side of the bay from San Juan, or Greytown. The act, then, of Captain Smith, whether criminal or not, was done within the territory of Nicaragua, and for it he is amenable to Nicaragua alone, if to any authority ; and the place of his attempted arrest (Punta Arenas) is territory in dispute between Nicaragua and Costa Rica, so that no legal 2)rocess, civil or criminal, could rightfully be executed there, unless by authority of one or the other of those powers. It will be observed that at one moment I resorted to a threat of violence to repel the armed men of San Juan from the steamer. I wish it to be distinctly understood that I did this from no impulse of passion, nor with the expectation that my threat would have to be executed, though, if unheeded, it would have been. My course was adopted from a convic- tion of its necessity as the only mode then at my choice to prevent a collision which could hardly have ended without the destruction of many lives. It is true that the mayor (Sigaud) came to me and disa- vowed the acts of those who arrested and assaulted me. But it is equally true that he presided at the meeting at the sta- tion house, (town hall,) in which it was proposed (by Martin, the ex-mayor,) and resolved to arrest me; that the authori- ties took no steps to prevent it ; and that armed men who arrested me were composed, mainly, of the police guard of the town, and were armed with the muskets of the corpora- tion. Their leader declared that he came by order of the mayor to arrest me. From the best information I could obtain, the population of San Juan, or Greytown, numbers about three hundred, of all sorts, and consists of a few Englishmen, Frenchmen, Germans, and men from the United States, but mainly of negroes from Jamaica, and some natives of the Mosquito shore. There are also some two or three natives from the interior of Nicaragua. When I reached that place, last Sep- tember, the number of negroes Avas much smaller than at resent. This number has been increased, as I am informed, y recent arrivals from Jamaica; until now they constitute FOREIGN AFFAIRS, 347 t^o majority, and exercise the greater influence. At the last elections and corporate organization, no American (except one mulatto man from New Orleans) was included. Of these peoj)lp, I am informed that some seventy-five to one hundred can he mustered for military service, and they have in their possessi(m three hrass cannon — one 18-])onnder and two 1 2-ponuders, and some two hundred muskets. With the exception of a few persons, these people own no property, and have no ostensihle means of livelihood. In their ano- malous condition, M'ithout a government which any civilized nation recognizes — indeed, occupying, hy usurpation, terri- tor}^ which our government recognizes as belonging to Nica- ragua; being persons, almost without exception, of noto- riously bad character — some of them discharged peniten- tiary convicts and refugees from justice, habitually mani- festing evil dispositions towards our citizens, and indulging those dispositions to the injury of persons and property, whenever they are not restrained by force, I am unable to regard them in any other light than as pirates and out- laws, upon whom punishment, to the extent of extermina- tion, may be rightfully inflicted by any hand that has the power; and, in my opinion, the interests of good government and humanity impose the duty, upon any offended party, of inflicting such punishment in a manner at once summary and eftective. Heretofore, when these persons have committed their lawless acts upon our citizens, the armed hand of our government has been interposed, not to punish for the past offence, but only to prevent its threatened repetition. As a consequence, as soon as the restraining force was withdrawn, the offence was repeated. Until now, they have got to be- lieve that restraint for the time, and not punishment, is the worst they will have to suffer for their worst acts. When I warned them of the consequences of their bad conduct, they boldly told me they intended to do as they pleased, and were reckless of consequences. Under these circumstances, and informed by our commer- cial agent, Mr. Fabens, as also by Mr. Scott, the agent of the Accessory Transit Company, who has under his care many thousand dollars worth of property, that, in view of the evil dispositions of those persons, as manifested for some time past, and then in a state of high excitement, they did not consider that the persons and property of our citizens would be safe after the steamers had left, unless protected by an adequate force, I deemed it my duty to employ the services of the men, as set forth in the printed slip and the agree- ment inclosed, in order to afford that protection. As these 348 FOREIGN Af FAIRS. circumstauces are, so far as I am informed, without prece- dent, so, I presume, is the course of conduct I pursued under them. What I did I found to be necessary, and believed to be right. I therefore assumed the responsibility, not doubt- ing that it would be approved by my government. It will be observed that the compensation I agreed to pay is large — that is, it would be considered so under ordinary circumstances; but, under the circumstances of the time and place, added to the fact that the men employed were our citizens, who had been long from home, and Avere anx- ious to return — some of them being half-way the voyage — I do not think the amount can be deemed unreasonable. The refunding passage money, provided for in the agreement, was superceded subsequently by the stipulation in the post- script to pay fifty dollars in addition to the one hundred first agreed upon. The reason for adding the fifty dollars was the difficulty I had in getting the requisite number of men, after a few had enlisted for the hundred. Without this ad- dition, I could not have made up the number. The free pas- sage home is still provided for by the agreement of the Tran- sit Company to receive the tickets for the remainder of the trip. An additional item of expense — the amount of which could not be ascertained at the time, and which I do not yet know — is the cost of arms to supply a portion of the men. These purchases I authorized the Agent of the Transit Company to make. The subsistence of the men will be furnished on account by the agent of the company. If the service shall continue longer than one month, the rate of compensation for the additional time will be $100 per month. I expressed the confident opinion to the men employed, that they would not be detained longer than one month, and I promised that they should be paid, through our commer- cial agent, Avhen their service expired, at Punta Arenas. For tliis opinion and promise, I confidently relied upon the approval and co-operation of my government. I have the honor to be, most respectfully, vour ob't serv't, SOLON' BORLAND. Hon. W. L. Marcy, Secretary of State. Arrival of the Northern Light. — Serious trouble at Nicaragita. — Arrest of 3Ir. Bor- land^ U. S. Minister. The purser of the steamer, by authority of Captain Churchill, furnishes the following report of extraordinary proceedings at iSan Juan, involving the arrest of Mr. Borland, the American minister. The purser says : FOREIGN AFFAIRS. 349 On the evening of the 16th instant the river steamer Ronth, Capt. T. T. Smith, arrived at Punta Arenas, and was lying alongside the Northern Light to deliver her passengers. About dusk, while the passengers were passing from one steamer to the other, a bungo, having on board some twenty-five or thirty armed men, mostly Jamaica negroes, headed by a mulatto man calling himself the marshal, came over from San Juan or Greytown. ami ranged uj) alongside the steamer Routh. The so-called luarshal, accompanied by several of his armed men, jump- ed on board the steamer and announced their purpose to arrest Capt. Sujith, by virtue of a warrant from the mayor of Greytown, upon the charge of murder. Ca])t. Smith refused to be arrested, and armed himself for resistance. At this stage of the proceedings, Jlr. Borland, the American minister, who was at the time on board the Northern Light, was informed of what was going on. He immediately went on l)oard of the Routh, where he tbuud a crowd of per- sons, among them a number of the armed men from the bungo, in a high state of excitement. The marshal, with his men, was attempting to arrest Capt. Smith ; and the latter, standing at the cabin door, was keeping them at bay. Jlr. Borland at once interposed, telling the marshal that no authority, recognized I)}- the Uni- ted States, existed at Greytown to arrest, or in any way to interfere with any American citizen, and ordering hini to withdraw his men from the steamer, and go away. The marshal proposed to exhibit the mayor's warrant, under which he was acting. This Mr. Borland declined to examine. After some hesitation the mar- shal announced his intention to withdraw, as advised by Mr. Borland. While this was going on, and before the marshal and his men had left the steamer, much excitement was manifested among the men who had remained on Iward the bungo ; loud threatening language was used b}- them, and l)randishing their weapons, several at once rushed on board the steamer. At this moment. Mr. Borland, taking a rifle from the hands of a bystander, step]ied over the railing upon the guards, warned the luen in the bungo to keej) off, and at their peril not to put a foot on the steamer. Upon this the movement towards boarding the steamer ceased, and in a few minutes the marshal and his men returned to the bungo, and she returned to the opposite side of the harbor. About dark, Mr. Borland, accompanied by Mr. Scott, a son of the agent of the Transit Company, on board of one of the boats of the Northern Light, went across the harbor to San Juan, or Greytown, to visit Mr. Fabens, our commercial agent. Soon after arriving there, Mr. Borland lieard that, at a meeting of the people of the town, held at the station-house, presided over by the mayor, it had been proposed and seemingly agreed to, that he (Mr. Borland) should be arrested. In a few minutes the execution of this ])roposition was attempted. A loud knock- ing was heard at the lower doors of Mr. Faliens' bouse, and upon his going to ascertain the cause, a body of men, armed with muskets, consisting in part of the regular police of the town, and headed by a Jamaica negro, inquired for Mr. Bor- land, and declared their purpose to arrest him. Mr. Borland, hearing this, went down stairs, confronted these men, and demand- ed their business with him. Their leader informed him that thej' came, by order of the mayor, to arrest him, because of his preventing the arrest of Capt. Smith. Mr. Borland then repeated to them what he had said to the marshal about their want of authority, &c., and inquired of them if they were not aware of his ex- emption from arrest in his ca[)acity of minister of the United States. To this they answered, they cared nothing for all that, but that they had come to arrest him, and meant to do it. He then warned them of the serious consequences to themselves and to all concerned with them, if they proceeded to the extremities they i)roposed. They replied, that they knew the consequences, and were pre- pared to meet them. Mr. Borland said to them, that they must proceed at their jieril, and called several gentlemen, who were in an upper room, to come down and be witnesses of the threatened assault ujion him. Upon this the leader of the armed force called Mr. Martin, (ex-mayor,) as if for the purpose of consultation, and Martin not answering, they went off a little from the door, in the direction where, from their manner, they expected to find him. About this time, Mr. Borland still standing at the door, the mayor (a French- man) came up and said these proceedings had been without his order and an- 350 FOREIGN AFFAIRS. thority ; and, while the conversation was going on, some one from the crowd threw the fragments of a broken glass bottle, which struck Mr. Borland, and slightly wounded him in the face. The particular person who threw this missile was not recognized, as the night was dark, and a crowd in the porch and about the door. Soon after this blow was inflicted upon Mr. Borland the crowd dis- persed. Mr. Fabens, the commercial agent, procured a canoe, and passed the harbor to the Northern Light, to make known to Captain Churchill and the passengers the state of afiViirs on the other side. A meeting was held, at which it was agreed to send a committee of three gentlemen to consult with Mr. Borland, as to the best steps to be taken ; these gentlemen, with Mr. Fabens, proceeded in one of the steamer's boats to the town ; but, upon approaching the shore, they were hailed by a number of armed men, who fired one gun over the boat, and threatened to fire into them if they attempted to land ; and this, although informed that Mr. Fabens was on board, and desired to go to his consulate. Thus forcibly prevented from landing, the boat returned to the Northern Light. During the night the town was occupied by armed men, whose sentinels were stationed between the American consulate, where Mr. Borland was, and the harbor, challenging all who attempted to pass, preventing boats from landing or leaving the shore, and thus keeping Mr. Borland a prisoner all night The ne.xt morning he procured a boat and returned on board the Northern Light, when he was informed by Mr. Fabens, our commercial agent, and Mr. Scott, the agent of the Transit Company, of the violent and lawless disposition manifested by the people of San Juan. They did not deem the persons and pro- ])erty of our citizens safe from aggression, or even destruction, in the absence of force sufficient to protect them, Mr. Borland, concurring in this opinion, called a meeting of the passengers, and proposed to engage the servic-es of fifty men to remain and afford the necessary protection, until our government, informed of the stiite of affairs, should send a proper force for the purpose. The requisite number of men volunteered, and were organized under the com- mand of Crawford Fletcher, Esq., formerly from Tennessee, and now on his re- turn from Cjilifornia. Mr. Fabens. our commercial agent, has taken up his abode under their protec- tion, and Mr. Borland embarked on the Northern Light, to proceed forthwith to Washington, to lay this matter before the government. The undersigned agree with Solon Borland, U. S. Minister Plenipotentiary in Central America, to remain at Punta Arenas, on the harbor of San Juan del Norte, as an armed guard, to be duly organized, until he can have them relieved by the orders of the U. S. government. The compensation to be one hundred dollars a month — a full month to be paid for, even if the service shall be of shorter duration ; subsistence and quarters, and a free passage to either of the ports of New York or New Orleans, at the expiration of the service ; that is to say, the proportion of passage money already paid from Punta Arenas to New York or New Orleans, shall be refunded. Payment of the cash compensation to be made at the expiration of the service. The purpose of this service is the protection of the U. S. commercial agent and agency, and of the agent, agency, and employees of the Accessory Transit Company. P. S. — Tn addition to the above cash compensation, fifty dollars will be paid to each of the undersigned. (Signed,) Solon Borland, U. S. Minister. George Ilosmer, Paul Brown, Jas. B. Stringham, Eli Eiscnhartz, John Brown, &c. &c. INSTRUCTIONS OF THE STATE DEPARTMENT. il/r. Marcy to Mr. Fabens. Department of State, Washington, June 3, 1854. Sir : I presume an order will be sent out by the steamer which will leave New York on the 5th instant for San Juan, FOREIGN AFFAIRS. 351 to discliarge the men who were employed hy Mr. Borland for the protection of the life and property of American citizens, at that place. The condnct of the people there towards our citizens 1ms attracted the attention of this government, and will not he passed imnoticed. The inhabitants of that place will be expected to make reparation for the wrongs and out- rages they have committcfl. The case stated in your commu- nication to this department, of the 15th ultimo, (No. 8,) pre- sents a wrong wliich requires immediate reparation. As the pretended authorities of the town have volunteered to protect those who had stolen the property of the Accessory Transit Company, when brought within the territories over Avhich they assume to exercise authority, they will be held respon- sible to the amount thereof, and to make due reparation therefor. You will lose no time in notifying them that this government will require a restoration of, or payment for, the property taken to their town, and all damages sustained by their outrageous conduct in preventing the company from repossessing itself of it. In other respects their conduct has been such towards our citizens as to require the interposi- tion of this government for obtaining redress, and it is ex- pected the people at that place will be prepared to make it in a satisfactory manner. I shall communicate with you more fully on this subject, by the opportunity which will be aiforded bv the national ship about to be sent to San Juan. I am sir, &c., W. L. MARCY. Joseph W. Fabens, Esq., United States Commercial Agent at San Juan de Nicaragua. Mr. Mctrcy to Mr. Fabens. Department of State, Washington, June 9, 1854. Sir: Commander Hollins, of the United States navy, will immediately proceed in a national ship to San Juan de Ni- caragua, for the purpose, in part indicated, in my communi- cation to you of the 3d instant. The rumor which has just reached here embarrasses the government in indicating the course which it will be proper for him to pursue on arriving at that place. It is said that the pretended political and civil authority at that place is dissolved. Should this prove to be true, there Avill be no organized body upon which a demand for redress can be made, or from which a proper indenmity for injuries or in- sults can be received. But the individuals who have parti- cipated in the infliction of the wrongs, cannot escape from 352 FOREIGN AFFAIRS. the responsibilities resulting from the conduct of the late political organization at that place. You were instructed in my former letter, to notify the jieople of San Juan to repair the injury they have caused to the Accessory Transit (Jonipany, by withholding from it the property which had been stolen and taken to San Juan, and by protecting the persons who were guilty of the felony. It is hoped that the town will have adjusted that matter to the entire satisfaction of the company; and, in that way, Commander Hollins will be relieved from the disagreeable necessity of taking any action in regard to that subject. You will, on the arrival of Commander Hollins, explain to him wluit has been done in that matter. Mr. Borland, our minister to Central America, has repre- sented to this government that, while recently at San Juan, he was insulted by the authorities or people of that place. An indignity offered to the nation, as well as to him indi- vidually, cannot be permitted to pass unnoticed. If done by order of the authorities of the place, they must answer for it in their assumed political character. Nothing short of an apology for the outrage will save the place from the infliction that such an act justly merits. It is expected that this apology will be promptly made, and satisfactory assu- rances given to Commander Hollins of future good conduct towards the United States and public functionaries who may in future be at that place. If the outrage was committed by lawless individuals, without the authority or connivance of the town, then it is clearly the duty of those who exercise the civil power at San Juan to inflict upon them exemplary punishment. The neglect to bring them to justice is assuming on the part of the nominal magistrates there, the responsibility for the acts of these individuals. In such a case, not to punish is an implied sanction of the acts of the transgressors. It is hoped that the authorities will be prej)ared to satisfy Com- mander Hollins, that they have done what was incumbent on them, in the way of bringing the offenders to punish- ment. You will confer freely with Commander Hollins, and furnish liim with all the information you possess in relation to the condition of things at San Juan. I am, sir, respectfully, your obedient servant, W. L. MARCY. Joseph W. Fabens, Esq., U. S. Commercial Agent at San Juan del Norte. FOREIGN AFFAIRS. 353 DIFFICULTIES AT SAX JUAN DE NICARAGUA. 3Ir. Fabens to Mr. Maraj. COMxMERCIAL AgENCY, U. S. A., San Juan del Norte, Nicaragua., May 15, 1854. Sir: I have the honor to acknowledge the receipt of flag and arms of the United States for this agency, per steamship "Star of the West," on the 2d of March last. I have also to acknowledge the receipt of your dispatch, dated March 22, granting me leave of absence for six weeks, agreeably to my request, and it is my present intention to leave per steamship "Northern Light," on or about the first proximo. Since my last dispatch, (No. 7,) of 3d March, there have been some matters of difference between the people of this town and the Accessory Transit Company of Nicaragua. Mr. Joseph L. White, Agent of the company, left here on the 17th of March, without having effected any settlement of ex- isting difficulties between the company and the town. Be- fore leaving he gave instructions to the captains and pursers of the steamship to pay no more port charges at San Juan del Norte, and take no letters, or other packages, or freight for, and have no communication of any nature whatever with the people of said town. This proceeding on the part of the company exasperated much the people of the town. The ground taken by the company in this matter was, that the territoi-y which they occupied, known as Point Arenas, was held by them by virtue of their charter from Nicaragua, and was a portion of that State; that their steamships did not come within the jurisdiction of the municipal authorities of San Juan del Norte, and were, consequently, not to be held liable for any port charges levied by the authorities of that town. On the 15th of April an election of town officers was held, which resulted in the choice of an administration, supposed to be friendly to the Transit Company, and prepared to settle all differences with the said company upon the terms set forth by Mr. White while here. But on the evening of the 5th instant a disturbance took place upon the shores of the harbor, the details of which are fully, and, as I believe, correctly set fortli in the accompany- ing document, marked A; and on the evening of the 6th instant another and more serious difficulty occurred, which is correctly described in document B. The facts set forth in these two protests of Mr. Scott, general agent of the Acces- sory Transit Company of Nicaragua, are substantiated by 45 354 FOREIGN AFFAIRS. depositions taken before me of several of the employees of the company. The point of contention between the parties is, as will be seen, the right of jurisdiction on the part of the municipal authorities of San Juan del Norte over Point Arenas. Since the occurrences described in the above named docu- ments affairs have gone on quietly. On the 12th Mr. Scott appeared in court, that his bail might not be forfeited, but declined contesting the case, having already protested. After a brief examination of the person presenting the complaint, he, Mr. Scott, was discharged. The trial of Sloman will take place on the 20th instant, when, as he ac- knowledges the offence with which he is charged, he will probably be condemned to pay a few dollars fine and costs of the court. I have brought this matter to your notice, because I believe that until after affairs are arranged between the Nicaragua Transit Company and the town of San Juan del Norte, or until the question of sovereignty over this town and the ter- ritory of Point Arenas is settled, there can be no permanent tranquillity or well-being on either side. I do not appre- hend that any serious disturbances Avill arise for the present, but I am, nevertheless, of opinion that the frequent visits to our harbor of vessels of war of the United States will exer- cise a beneficial influence upon the interests of all concerned. I am, sir, with great respect, your very obedient servant, JOSEPH W. FABENS. Hon. W. L. Marcy, Secretary of State of the United States, Washington, D. C. A. This document is a protest of Joseph N. Scott, anient &c., settinjr forth on his o.ath that on the evening of the 5th of May, about 11 o'clock, P. M., William Creighton, mate of the steamer H. L. Bulwer, belonging to the Transit Company, being at the company's station, at Point Arenas, observed four men loading a yawl boat belonging to the company with merchandise, (consisting of flour, corn, meal, &c.,) and informed deponent of the fact. These men were Robert Reed, J. Magraw, and two others, all at the time or previously employees of the company. Deponent immediately proceeded to the beach and hailed them to return, but they took no notice of him. He then dispatched a boat with Creighton, Robert BuUis, and Wm. Sloman, all employees of the company, in pursuit. The first boat arrived at San Juan, where the men left her, with the excei)lion of Reed, who offered some resistance, and was struck on the head by Sloman, who attempt- ed to shove the boat off shore. While thus engaged, the soldiers from the station- house threatened to lire on him, and thus compelled him to return to the shore with the boat. In the meantime, the men who had escaped from the first boat took refuge in the station house. Soon after, Mr. Hutchinson, clerk of the Transit Company, acting under Scott's orders, arrived on the spot with three men and took possession of the stolen boat. In attem[)ting to shove her off shore, Hutchinson was ordered by a policeman, with a musket, to stop ; but no attention being ])aid to this order, the man dropped his musket and called on the crowd to assist him in taking possession of the boat FOREIGN AFFAIRS. 355 which being of the strongest party, they succeeded in doing. Hutchinson then observing F. Duzman, " captain of the port of San Juan del Norte,'' called upou him to deliver over the boat; agreeing at the same time to leave in his charge, the merchandise until the following morning, that it might then be identified, with the express understanding that this property was not to be in anj- other way disposed of until such examination was made. Hutchinson, with Slom.in, Bullis, and Creighton, having the three boats in charge, then left the port of San Juau on their return to Point Arenas. On the following morning, Hutchinson returned to San Juan, with Creighton, to identify the property, in accordance with the agreement made with Duzman, but Duzinan had not the property in charge, and said that he had handed it over to the " marshal." Hutchinson then accompanied the marshal to a house, in the open yard of which were some articles, said by the marslial, to he the articles in question. Hutchinson seeing that the Hour and other articles taken were missing, and that the wife of Magraw was apparently in charge of the goods, declined making any further examination and left on his return to the point. On the same morning, A. Sigaud, " Mayor of San Juan del Norte,'' issued a warrant for the arrest of Sloman, charged with an assault and battery upon Reed, which warrant was served by the " marshal.'' Sloman requested the marshal to accompany him to the office of Scott, the agent of the Transit Company, who told the marshal the company did not recognize the jurisdiction of the authorities of San Juan, over Point Arenas, and that he should not permit the arrest of Sloman except by force and under protest. The marshal then departed, but returned in the afternoon with an armed force, and took Sloman, Scott protesting verbally against the act at the time, and notifying the marshal of his determination to send in his written protest to the authorities of San Juan, at his earliest conve- nience. B. This document is a protest of Joseph N. Scott, agent, &c., in which he sets forth on oath, that on the evening of the day in which Sloman was carried to San Juan del Norte by persons claiming to be in authority there, under the protection of the Mosquito flag, he (the deponent) proceeded to the said city, for the purpose of obtaining Sloman's release. While at the station-house with J. W. Fabens, commercial agent, after having obtained the discharge of Sloman, under bond, he (the deponent) was declared a prisoner, and held to examination on a charge preferred against him by the '' mar- shal," of having, while at Point Arenas, objected to the taking of Sloman by the "authorities of the city of San Juan del Norte," on the ground that the said '•au- thorities" had no authority or jurisdiction over the said point. The deponent was then held to bail for his appearance for trial within six days. THE ATTEMPT TO SEIZE THE AMERICAN MINISTER. 3Ir. Fahens to 3Ir. Marcy. Commercial Agency, U. 8. A., San Juan del Norte, May oO, 1854. Sir: Since my last dispatch, No. 8, dated May 15, 1854, accompanying protests of the general agent of the Accessory Transit Company of Nicaragua, very serious difficulties have arisen, growing out of an attempt made hy the people of this town to seize the person of the American minister in Cen- tral America, Mr. Borland, while on his return to the United States. This extraordinary measure Avas undertaken, as I am informed, in consequence of the ground taken hy the minister, that the people now occupying this town had no 356 FOREIGN AFFAIRS. jurisdiction over Point Arenas or the steamers of the Transit Company. You have doul)tless before this received full details of this afftiir from Mr. Borland himself, and I will merely state briefly the facts in the case as they fell under my own personal observation. On the evening of the 16th instant, at about the hour of 6 P. M., Mr. Borland arrived at my house. He informed me that a native boatman had been shot upon the river by the captain of the steamer in which he (Mr. B.) was a passenger; that upon arriving in our harbor an armed force boarded the steamer and demanded the person of the said captain; that he (Mr. B.) told them they liad no authority or juris- diction in the matter, and that he should not permit the captain to be arrested by them. While we were conversing upon this subject, information was brought by a friend that the authorities of San Juan had decided upon the arrest of the American Minister, and in about five minutes' time an armed force of some six or seven men, mostly, it appeared, Jamaica negroes, with muskets in their hands, drew up in front of the consulate, and, in a very excited manner, de- manded the American minister. I proceeded to the door, and wliile endeavoring to learn more in detail the character ot tliis movement, Mr. Borland himself came forward. He spoke to the group — (at this time, in addition to the six or seven men with muskets already mentioned, there were some thirty or forty others, principally blacks, from Jamaica and San Domingo, and all in a state of intense excitement) — in a calm, dignified manner asked them if they were aware of the consequences of these proceedings, &c.; to which reply was made that tliey were fully aware, and liad been pre- pared to die since 4 o'clock, P. M. Mr. Borland then spoke to me apart, requesting me to leave immediately for the steamship Northern Light, lying in the harbor at the time, and, if possible, return with aid. As I left the house, in obedience to this request, a fragment of a broken bottle was thrown at Mr. Borland, striking him in the face, and draw- ing blood therefrom. I will here add, that I never saw a more infuriated mass of liuman beings than were on that occasion in forcible possession of the consulate ; and so great was the excitement in town against the Transit Company, from the moment when the information of the death of the above mentioned boatmen arrived, tliat it is my firm belief that if the captain who committed the act had been delivered up he would have been torn in pieces, or hung immediately, without trial or examination. FOREIGN AFFAIRS. 357 When I arrived on board the Northern Light I stated the case to Captain Churchill, who gave me permission to lay it before the passengers. It was then decided, after mature deliberation, that a committee of three should be appointed to return with me to San Juan, communicate with the min- ister, and agree upon the most proper course to take under the circumstances. In company with this committee I set out on my return to town, but on approaching the shore we were ordered off. The quartermaster replied that the "con- sul" was on board, and going to his house. The answer to this was, "He can't land." Upon our venturing to proceed, a shot was fired by one of the party above our heads, while three others pointed their muskets directly into the boat. We then put about and returned to the ship. It was then past midnight. All this time we had been under great anx- iety as to the personal safety of Mr. Borland, and it was to assure ourselves upon this point that the steps last described above were taken. On the following morning, between the hours of seven and eight, A. M., Mr, Borland, taking advantage of a mo- mentary lull of the excitement, left the consulate for the steamship, in company with Mr. E. F. Mason, an American gentleman residing with me. He was received on board the Northern Light with every manifestation of sympathy and joy on the part of his countrymen. What followed, you are doubtless aware of A consultation was subsequently held at which Mr. Borland, CoL Fremont, Mr. J. N. Scott, agent of the Accessory Transit Company, Capt. Churchill, and myself were j^resent, and it was decided as necessary, under the circumstances, to leave an armed force at Point Arenas, for the protection of the Accessory Transit Company, and the American interests at San Juan del Norte. Fifty men were enrolled, of whom Mr. Crawford Fletcher was unan- imously elected captain. These men are now on duty at Point Arenas, and I am convinced that their presence at that point has kept in check the violent passions of a portion of the lower class of the people of this town, and prevented further and yet more serious disturbances. Many rumors of what was contemplated have reached me, but as I have no positive proof of the matter, I defer communicating them until I can do so personally. The Northern Light sailed on the evening of the ITth in- stant. On the next morning the British war steamer " Ar- gus" arrived in our harbor. The people of this town, as I learn, applied to the commander for an order to disperse the force at Point Arenas, which he declined giving. This 358 FOREIGN AFFAIRS. vessel remained in port four clays, and then sailed for Port Eoyal, in Jamaica. I did not have the pleasure of seeing her commander wliile here, neither did he communicate with the agent or any officer of the Transit Company, or take any steps, so far as I am aware, to inform himself of the American side of the affair in question. On the morning of the arrival of this vessel, all the authorities of this town resigned their offices, and the place remains to this time without any form of government. The station-house, with the arms and ammunition belonging to the town, is in pos- session of the Jamaica negroes, (the same jmrties who com- mitted the outrage previously spoken of) I am of opinion that there can he no permanent peace in this place, until the question of sovereignty is definitely settled, and a responsible government established. I am, sir, with great respect, your very obedient servant, JOSEPH W. FABENS. Hon. W. L. Marcy, Secretary of State of the United States. INDEMNITY FOR THE OUTRAGE SUGGESTED. 3Ir. Fahens to 3Ir. Marcy. Commercial Agency, U. S. A. San Juan del Norte, June 16, 1854. Sir: I have the honor to acknowledge the receipt of your dispatch of the 3d inst. I am very much gratified to learn that the conduct of the pcoide of this town towards our citizens, will not be passed over unnoticed. My last dispatch, dated May 30, (No. 9,) gave a brief statement of affairs since the departure of the " Northern Light," 17th ultimo. There is but little change to the pre- sent time. Some of the aiders and abettors in the outrage perpetrated upon Mr. Scott, agent of the Accessory Transit Company, as well as upon Mr. Borland, United States Min- ister to Central America, have escaped per British steamer to Jamaica, via Navy Bay ; but I believe that the chief insti- gators are yet among us. With regard to the losses suffered by the Accessory Tran- sit Company, I am of an opinion that no suitable indemnity can be obtained from the parties now in possession of affairs, except by taking possession of, and liolding the territory of Mosquito, so called, beneath whose flag the outrages in ques- tion were perpetrated. FOREIGN AFFAIRS. 359 With the hope of receiving further instruction by the na- tional vessel soon to arrive, I am, sir, very respectfully, your obedient servant, JOSEPH W. FABENS. P. S. — Mr. Scott, agent of the Accessory Transit Company has notified me that he does not consider it advisable or safe, under the circumstances, to leave Point Arenas unprotected, and requests me to keep the guard now there on service until the arrival of an armed vessel of the United States, which request (as it is in perfect accordance with my own opinion in the case) I have complied with, by giving an order to Captain Fletcher, in command of the forces, to re- main until the arrival of the next steamship, due here 30th June, previous to which date I hope the United States vessel will be here. Very respectfullv, your obedient servant, JOSEPH W. FABENS. Hon. William L. Marcy, Secretary of State, U. S. A., Washington, D. C. ARRIVAL OF CAPTAIN IIOLLINS. Mr. Fahens to 3Ir. llarcy. United States ship Cyane, Of Sa7i Juan del Norte, July 15, 1854. Sir: ]\Iy last dispatch of 16th ult., advised you of the de- tention of the armed force left by Mr. Borland at Point Are- nas for an additional half month. This was done with the understanding with Mr. Scott, agent of the Transit Company, that if the United States government did not recognize the necessity of this measure, the expenses thereof would be paid by the Transit Company. The half month expired on the 2d inst., but as the Kew York steamship did not arrive in our harbor until 3d, the men were not disbanded until that day, and received in settlement pay for one day extra. I have now the honor to acknowledge receipt of your dis- patch of 9th ult., per Commander Hollins, of the United States ship "Cyane," who arrived in our harbor on the 11th instant.* ***** I regret to have to say, that the proclamation of Com- mander Hollins produced no eifect upon the people of the town. Not one of its inhabitants paid to him the courtesy ® Tbe passage oniUted is a repetition of the facts stated in Commander Hollins dispatch of the IGth July to the Navy Department 360 FOREIGN AFFAIRS. of a visit; and no word of explanation of affairs, or remon- strance against the proceedings of the United States govern- ment, was forAvarded either to Commander Hollins or my- self, except a brief protest from James Geddes, Esq., acting vice consnl of her Britannic Majesty at Greytown, "Mos- quito." I will here mention, however, that on the occasion of the outrage committed by the town, presented in my dispatch of 15th May, a protest from the house of A. de Barwell & Co., French merchants, against the "authorities," was duly de- posited on the archives of this agency, and that, on the occa- sion of the subsequent outrage upon the person of Mr. Bor- land, a protest of the same tenor was received from the house of H. S. Wood & Son, American merchants at San Juan. Finding that no intention was manifest on the part of the pe ople of the town to explain, furnish redress, or apologize for their past misconduct, and that all demands and notices served upon them by the United States government were treated with derision and contempt, Commander Hollins pre- pared his shi]) for action on the morning of the 13th instant, and opened the bombardment, according to notice, at 9 o'clock, A. M. The report of the engagement, &c., will be found in his dispatches to the Navy Department. The considerate and generous course of Mr. Joseph N. Scott, agent of the Accessory Transit Company, from the time the proclamation of Commander Hollins was posted until the ju-esent moment, is truly worthy of mention. In- vitations were extended by him, on the part of the corapan}', to the old and infirm, the women and children, as well as to all who were willing to declare themselves to be friendly dis- posed towards the United States, to repair on board the river steamers of the Transit Company with their most valuable effects. Two steamers M'ere sent to San Juan for this pur- pose, the latter on the morning preceding the bombardment, at which time she remained two hours at the wharf; some twelve persons only availed themselves of this kind pro- vision. In view of the present condition of affairs at San Juan del Norte, which seems to render my further presence at that port inexpedient for the time being, and with the hope of being serviceable to my fellow-citizens by proceeding to the United States with Commander Hollins, I have asked and obtained that officer's permission to remove, with the archives of my agency and personal effects, to his ship, and hope to FOREIGN AFFAIRS. 361 have the honor of reporting myself to you at Washington soon after the receipt of this dispatch. I am^ sir, with profound respect, your very oh't serv't, JOSEPH W. FABENS. Hon. W. L. Marcy, Secretary of State of tJie U. S. of America, Wasliington, D. C. INSTRUCTIONS OF THE NAVY DEPARTMENT. Navy Department, June 12, 1851. Sir: Enclosed herewith you will receive a copy of a com- munication from the Department of State to Jose])li W. Fa- bens, Esq., United States commercial agent at San Juan del Norte, dated 9th of June, 1854. Yerv respectfully vom' obedient sei-vant, J. C. DOBBIN. Commander George N. Hollins, Commanding U. S. ship Cyane, New York. Navy Department, June 10, 1854. Sir: Tlie government has recently received intelligence that the interests of our countrymen require the pi'csence of a national vessel at San Juan or (xreytov/n, and from your exi)erience in that region, and confidence in your energy and prudence, and in pursuance of the wishes of the President, the department has concluded to direct that you proceed with the Cyane to that port so soon as she can be fully ready for the cruise. The property of the American citizens interested in the Accessory Transit Company, it is said, has been unlawfully detained by persons residing in Greytown. Apprehension is felt that further outrages Avill be committed. Our min- ister, Mr. Borland, has been treated Avith rudeness and dis- respect. You will, however, learn from llv. Fabens, commercial agent at Greytown, more particularly the conduct of those people, and the views of our government, which have been communicated to him from the State Department. You Avill consult with him freely, and ascertain the true state of the facts. Now, it is very desirable that these people should be taught that the United States will not tolerate these out- rages, and that they have the power and the determination to check them. It is, however, very much to he hoped that you can effect the j^urposes of vour visit without a resort to 46 362 FOREIGN AFFAIRS. violence and destruction of property and loss of life. The presence of your vessel will, no douLt, work much good. The department rej^oses much in your prudence and good sense. Former dispatches have acquainted you with the peculiar political position of tliis town, and of the relations of our government to it. You will remain there no longer than you may deem necessary, as it is a warm and unhealthy climate. You will advise the department of your movements, and, after leaving Greytown, you will touch at Pensacola and re- ceive orders from Commodore Newton there if not earlier, as you will constitute a part of his squadron. •I am, respectfully, your obedient servant, J. C. DOBBIN. Commander George N. Hollins, Commanding U. S. ship Cyane, Neiu York. THE BOMBARDMENT OF GREYTOWN. Commander Hollins to the Secretary of the Navy. U. S. Ship " Cyane," At Anchor, Harbor of San Juan del Norte, Nicaragua, July 16, 1854. Sir: I have the honor to report my arrival at this port on tlie 11th instant, after a tedious passage of twenty-two days. On the 28th ult., when off the "Bermudas," the "small pox," in its most virulent form, made its appearance on hoard in the person of one of the crew, who is now in a precarious condition. The usual measures have been taken to prevent, if possible, the extension of the disease, which I hope may prove successful. Immediately on my arrival I communicated with Mr. Jo- seph W. Fabens, the representative of the United States at this place, and delivered into his hands the dispatch for- warded through me from the Hon. W. L. Marcy, Secretary of the Department of State, of which I had been honored with a copy. After due consultation with Mr. Fabens, I learned the demand by him made, by order of the State De- ])artment, upon the town of San Juan had not only been treated with contempt, but threats of future violence towards American citizens and property were publicly made, if an opi)()rtunity should oifer. After due deliberation, it was thought expedient to make a final demand upon the inhabi- tants ibr an indemnity for injuries sustained by citizens of the United States, and for an apology of a satisfactory char- FOREIGN AFFAIRS. 363 acter for the insult recently given to Mr. Borland, our min- ister to Central America. In accordance with this decision, Mr. Fahens was directed to communicate with the agents of the Transit Company, and determine upon the amount of indemnity commensurate with their losses, and the sum of sixteen thousand [dollars] was agreed upon as the smallest sum admissahle under the circumstances, which, with a pre- vious demand already made of eight thousand, made the sum total of twenty-four thousand dollars. From my knowledge of the injuries, &c., sustained, and the future detriment to the company, &c., this sum seemed to he no more than just, and I directed Mr. Fahens to make a last appeal to the people of San Juan, hefore decisive measures were taken. This was done on the afternoon of the lltli inst., as will he seen in his communication dated 12th instant, [B,] with its contenl^•, in answer to mine [A] of the day preceding.* As the result of the demand was entirely unsatisfactory in my answer (C) to Mr. Fahens to his communication, I en- closed him a copy of a proclamation (D) to the people of the town, which was posted in the most puhlic places, and pe- rused hy all. Shortly after, on the morning of the 12th, as an earnest of my intentions as set forth in the proclamation, at the request of Mr. Fahens, a guard of marines and sea- men, under the command of Lieutenants Pickering and Fauntleroy, were ordered on shore to secure the arms and ammunition, as an evident disposition was existing among the people to make an improper use of them, and also to assist and protect Mr. Fahens and others in the removal of their property. This duty was quickly performed hy the officers of the command, and the arms, &c., deposited on Point Arenas in charge of the agent of the Transit Company to await future disposition. At the same time foreigners generally, and those favorahle to the United States, were notified that a steamer would he in readiness on the morning of the day of the homhardment, to convey such as were disposed to a place of safety. Commander and Lieutenant Jolly, of her Britannic Ma- jesty's schooner Bermuda, at anchor in this harhor, was also notified by me, in person, of my intentions on the morrow, and a tender of assistance was made to him for the purpose of removing any pro})erty or persons of Great Britain. This ofier Avas met hy iiis communication, (D,) and responded to ■■■ A, B and C are formal notes coverinfr the rc^ective proclamations of the U. S. commercial agent and of Commander HoUins. hereinafter inserted, and marked A*, B*, and D. 364 FOREIGN AFFAIRS. as in my letter (E.) Agreeable to promise a steamer was sent to the town at dayliglit on the morning of the 13th, ro assist such as were disposed to take advantage of the oppor- tunity. A few only accepted the proffered assistance, and were conveyed to Point Arenas; the majority of the inhabi- tants, either from fright, or a wish to set at defiance the threats made against the town, had left, or were willing to remain and risk the consequences. I had hoped the show of determination on the part of the ship would, at this stage of the proceedings, have brought about a satisfactory ad- justment of the differences in question, but a total disregard 'and contempt toward the government of the United States, determined me to execute my threats to the letter. At y A. M., on the morning of the 13th instant, our bat- teries were opened on the town with shot and shell for three- quarters of an hour, followed by an intermission of the same time, when they were opened again for half an hour, fol- lowed by a second intermission of three hours. At the ex- piration of this interval the firing was recommenced and continued for twenty minutes, when the bombardment ceased. The object of these several intervals in the bombardment was that an opportunity to treat and satisfactorily arrange matters might be furnished the inhabitants of the town. No advantage was taken of the consideration sliown them, and at 4 o'clock, P. M. a command under Lieutenants Pick- ering and Fauutleroy was sent on shore to complete the destruction of the town by fire. The property of Mr. De Barwell, a Frenchman, was directed to be exempted from destruction, if possible, as I had learned he had protested and held himself aloof, as far as possible, against any co- operation with the towns people or pretended authorities of San Juan. The town was thus destroyed for the greater part in the short space of two hours. No lives were lost, although an attack was made by an armed party on the command of Lieutenants Pickering and Fauntleroy, but, on the volley being returned, the attacking party fled. The shots were returned more for the purpose of frightening than destroying life, and had the desired effect. The execution done by our shot and shells amounted to the almost total destruction of the buildings, but it was thought best to make the punishment of such a character as to inculcate a lesson never to be forgotten by those who have for so long a time set at defiance all warnings and satisfy the whole world that the United States have the power and de- termination to enforce that reparation and respect due them as a government in whatever quarter the outrages may be FOREIGN AFFAIRS. 365 committed. The royal mail packet "Dee" arrived in the harhor during tlie conflagration of the town, but left imme- diately, taking with her in tow H. B. M. schooner "Bermu- da," thus leaving the English subjects referred to in the communication of Commander Jolly without any assistance should it be required. No communication from Commander Jolly of the "Bermuda" was made with the "Cyane" prior to his departure, but I am informed he carried with him a number of the principal participators in the outrages that have been committed by the town of San Juan, and among them the former mayor, a Mr. Martin. I shall^ in accordance with the. order of the department, leave this place immediately for Boston direct, being sat- isfied the department will sanction this course, taking into consideration the application of Mr. Fabens [F,] the present unseaworthy condition of the " Cyane," and the condition of the crew favorable to the development of fever by a pro- tracted stay in a warm climate at this early season of the year. I have incidentally learned that the remains of Purser Ashman, interred at this place some two years since, have not received that attention a decent respect for the dead would seem to demand, and I [have] therefore taken the liberty to exhume them for transportation to the north, being satisfied the step will be gratifying to the friends of the deceased, and will meet with the approbation of the de- partment. Permit me to call the attention of the department to the handsome and orderly manner in which the officers and crew of the ship I have the honor to command have executed all orders and duties assigned them during our recent diffi- culties. None could have done better. I may also refer to the attention and kindness of the agents of the Transit Company towards the ship and such unfortunates of San Juan as were worthy of their hospi- tality and kindly offers. Trusting the course I have pursued in relation to the af- fairs of this place and my intention of proceeding direct to the north may meet with the unqualified approval of the department, I will bring my communication to a close, re- spectfully asking orders in company with Mr. Fabens to Washington, on the announcement of the arrival of the ship by telegraph. I have the honor to be, sir, very respectfully, &c., your most obedient servant, GEO. N. HOLLINS, Commander. 366 FOREIGN AFFAIRS. \_Proclamation and Corrapondencc enclosed in the foregoing Dispatch.J A.« Commercial Agency, U. S. A. San Juan del Norle, Nicaragua, June 24, 1854. To those now, or lately pretending to, and exercising authority in San Juan del Norte. Gentlemen: I am instructed by the government of the United States, at Wash- ington, to notify you that the said government will require of the pretended au- thorities "of the town of San Juan del Norte, restoration of, or pa; ment for, the property brought within the territories over which they assume to exercise au- thority," as set forth in protest of Mr. Scott, general agent of the Accessory Transit Company, dated May 12, 1854, "and all damages sustained by their outrageous conduct in preventing the said company from re-possessing itself of it." I do, therefore, hereby demand of you immediate restoration of the aforesaid property. I am not prepared to put an estimate upon it at this moment, or to name the amount of damages suffered by the Transit Companj', in consequence of your outrageous conduct towards their agent and employees, while endeavoring to retake possession of the same, and upon subsequent occasions connected there- with. It is expected that for this, as well as for their conduct in other respects towards American citizens, the people of the town will be prepared to aiford redress in a satisfactory manner. There is likewise an outstanding claim of the Accessory Transit Company versus the acting authorities of San Juan del Norte, for the sum of eight thousand dollars, as a remuneration for the loss sustained by the company in consequence of the destruction of their building on Point Arenas, in the month of March, 1853, by the said acting authorities, which claim was duly presented by Abraham Banker, agent of said company, on the 25th June, 1853. I am, gentlemen, your obedient servant, JOSEPH W. FABENS, U. S. Commercial Agent. B.* Commercial A(;ency, United States op America, San Juan del Norte, Nicaragua, July 11, 1854. To those now or lately pretending to and exercising authority in and to the peoptle of San Juan del Norte: Gentlemen: On the 24th ultimo, in accordance with the instructions of the government of the United States of America, I notified you that the said govern- ment would require of you immediate reparation for the property belonging to the Accessory Transit Company, which was stolen from the said company and received by you, as specified in my letter of that date, as well as for all damages suffered by their agents and employees while endeavoring to repossess themselves of the same. I have now, acting in concert with Commander Hollins, of the United States ship Cyane, at present in this harbor, to demand of you immediate payment of the sum of sixteen thousand dollars, which has been adjudged to be the proper sum for you to pay for the said property and the gross outrages per- petrated by you upon the persons of American citizens, as set forth in protests of Mr. Scott, of the 12lh May last — copies of which have already been served upon you. There is likewise a claim of the Accessory Transit Company i^ersus the "Acting Authorities of San Juan del Norte," for the sum of eight thousand dollars, as spe- cified in my letter to you of 24th ultimo. This you will be likewise expected to pay tbrlhwith. For the indignity offered to the United States of America, in the conduct of the authorities and people of this town towards their minister, Mr. Borland, while recently in this place, nothing short of an apology, promptly made, and satisfac- tory assurances given to Commander llollins of future good behavior on the part of the said authorities and people towards the United States and her public func- tionaries who may in future be here, will save the place from the infliction which its late acts justly merit. Your obedient servant, JOSEPH W. FABENS, United States Commercial Agent. FOREIGN AFFAIRS. 367 D. PROCLAMATION To all me?i to whom these presents shall co7ne, or to tvhom they may concern, greeting : Know _ye that, whereas certain gross outrages have at sundry limes been per- petrated by the "authorities" (so called) and people of San Juan del Norte upon the persons and property of American citizens at that place and vicinity; and whereas a serious insult and indignity has been offered to the United States in the conduct of the said authorities and people towards Mr. Borland, United States minister to Central America, for which outrage and insult no indemnity has been given, and no satisfactory reply returned to demands already made: Now, therefore, I, George N. Hollins, commander of the United States ship-of- war Cyane, by virtue of my instructions from the United States government at Washington, do hereby solemnly proclaim and declare, that if the demands for satisfaction in the matters above named, specified in the letter of Mr. Fabens, United States commercial agent, dated 1 1th instant, are not forthwith complied with, I shall, at 9 A. M. of to-morrow, 13th instant, proceed to bombard the town of San Juan del Norte aforesaid, to the end that the rights of our country and citizens may be vindicated, and as a guarantee for future protection. GEORGE N. HOLLINS, Commamkr. U. S. Ship Cyane, Harbor of San Juan del Norte, Nicaragua^ 9 A. M., July 12, 1854. D. Her Majesty's Schooner Brr.muda, Grcytown, Mosquito, July 12, 1854. Sir: After due deliberation upon the communication which I this morning had the honor to receive from you alongside her Majesty's schooner under my com- mand, I consider it my duty to enter my most solemn protest against tlie course you then intimated to me that you intended to pursue towards the city of Grey- town. The inhabitants of this city, as well as the houses and property, are entirely defenceless and quite at your mercy. I do, therefore, notify you that such an act will be without precedent among civilized nations, and I beg to call your attention to the fact that a large amount of property of British subjects, as well as others, which it is my duty to protect, will be destroyed; but the force under my com- mand is so totally inadequate for this protection against the Cyane, I can only enter this my protest. I have the honor to be, sir, your obedient servant, W. D. JOLLY, Lieutenant and Commandant. Commander Hollins, United States ship-of-war Cyane. E. United States Ship Cyane, At anchor, San Juan del Norte, Nicaragva, July 12, 1854. Sir: I have the honor to acknowledge the receipt of your communication of this date, and sincerely regret you should feel yourself necessitated to protest against the action I am about to take in relation to the city of San Juan del Norte. The people of San Juan del Norte have seen fit to commit outrages upon the property and persons of citizens of the United States, after a manner only to bo regarded as piratical, and I am directed to enforce that reparation demanded by my government. Be assured I sympathize with yourself in the risk of English subjects and property under the circumstances, and regret exceedingly the force under your command is not doubly equal to that of the "Cyane." I have the honor to be, sir, your obedient servant, GEO. N. HOLLINS, Commander. To W. D. JOLLY, Lieutenant and Commander H. B. M. S. Bermuda, 368 FOREiaX AFFAIRS. F. Point Arexas, July 14, 1854. Sir: In view of the existing state of affairs at San Juan del Norte, the place of my late official residence, I have the honor to inform you that my further pre- sence at that port is no longer expedient or possible, and would respectfully ask of you permission to remove the archives of my consulate to your ship for safe keeping, and conveyance for myself, my official and personal effects to the United States, that I may co-operate the more fully with yourself in placing our govern- ment at Washington in possession of the details of the recent proceedings in this vicinity. I am, sir, with great respect, your very obedient servant, JOS. W. FABENS, United States Commercial Agent. Gko. N. Hollins, Esq., Commander U. S. Ship Cyane, Harbor of San Juan del Norte, Nicaragua. FOREIGN AFFAIRS. SPAIN. J69 MESSAGE FROM THE PRESIDENT. To the Senate of the United States : I hasten to respond briefly to the resolution of the Senate of this date, ^; requesting the President to inform te Senate f in his opinion it be not incompatible with the public^ of Spain whidi, in h5 opinil^JlrlZ .i;:,^LS wSr^he'r gestions therein contained touching tlie prop ie y^ visional measures' by Congress to meet any eXency hat' may arise m the recess of Congress affecting thoshehSions'' In the message to the House of Repres?ntathVs ^"ed to I availed mysell of the occasion to present the fo lowin^ reflections and suggestions : ^^ ^ut ioiio\Mng '; In view of the position of the Island of Cuba its nrov mea uies as the exigency may seem to demand." 1 i» uuL uie lact. ihe lormal demand for immpdiifp r«T. Do been^met on the part of Spain by prompt satisfaction, 370 FOREIGN AFFAIRS. has only served to call forth a justification of the local au- thorities of Cuba, and thus to transfer the responsibility for their acts to the Spanish government itself Meanwhile, information, not only reliable in its nature, but of an official character, was received, to the effect that preparation was making within the limits of the United States, by private individuals, under military organization, for a descent upon the island of Cuba, with a view to wrest that colony from the dominion of Spain. International comity, the obligations of treaties and the express provisions of law, alike required, in my judgment, that all the constitu- tional power of the Executive should be exerted to prevent the consummation of such a violation of positive law and of that good faith on which mainly the amicable relations of neighboring nations must depend. lu conformity with these convictions of public duty, a proclamation was issued, to warn all persons not to participate in the contemplated en- terprize, and to invoke the interposition in this behalf of the proper officers of the government. No provocation whatever can justify private expeditions of hostility against a country at peace with the United States. The power to declare war is vested by the Constitution in Congress, and the experience of our past history loaves no room to doubt that the wisdom of this arrangement of constitutional power will continue to be verified whenever the national interest and honor shall demand a resort to ultimate measures of redress. Pending negotiations by the Executive, and before the action of Con- gress, individuals could not be permitted to embarrass the operations of the one and usurp the powers of the other of these depositaries of the functions of government. I have only to add that nothing has arisen since the date of my former message to " dispense with the suggestions therein contained touching the propriety of provisional mea- sures by Congress." FRANKLIN PIERCE. Washington, August I, 1854. FOREiaN AFFAIRS. RUSSIA. TREATY BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE EMPEROR OF RUSSIA. Signed at Washington 22d July, 18^4:. The United States of America and his Majesty the Emperor of all the Rus- sias, equally animated with a desire to maintain, and to preserve from all harm, the relations of good understanding which have at all times so happily sub- sisted between themselves, as also be- tween the inhabitants of their respec- tive States, have mutually agreed to perpetuate, by means of a formal con- vention, the principles of the right of neutrals at sea, which they recognise as indispensable conditions of all freedom of navigation and maritime trade. For this purpose, the President of the United States has conferred full powers on William L. Marcy, Secretary of State of the United States ; and his Majesty the Emperor of all the Russias has con- ferred like powers on Mr. Edward de Stoeckl, Counsellor of State, knight of the orders of Ste. Anne, of the 2d class, of St. Stanislas, of the 4th class, and of the Iron Crown of Austria, of the 3d class, his Majesty's charge d'affiiires near the Government of the United States of America : and said plenipotentiaries af- ter having exchanged their full powers, found in good and due form, have con- cluded and signed the following arti- cles : ARTICLE I. The two high contracting parties re- cognise as permanent and immutable the following principles, to wit : 1st. That free ships make free goods — that is to say, that the effects or goods belonging to subjects or citizens of a Power or State at war are free from capture and confiscation when found on board of neutral vessels, with the ex- ception of articles contraband of war. 2d. That the property of neutrals on board an enemy's vessel is not subject to confiscation, unless the same be con- traband of war. They engage to apply these principles to the commerce and navigation of all such Powers and States as shall consent to adopt them on their part as permanent and immutable. Les Etats-Unis d'Amerique et sa Ma- jeste I'Empereur de toutes les Russies animes d'un egal desir de maintenir et de preserver de toute atteinte les rap- ports de bonne intelligence qui ont de tout temps si heureusement subsiste en- tre eux-memes, comme entres les habi- tans de leurs Etats respectifs, ont resolii d'un commun accord de consacrer, par une convention formelle, les principes du droit des neutres sur mer qu'ils re- connaissent pour conditions indispensa- bles de toute liberte de navigation et de commerce maritime. A cet effet, le Pre- sident des Etats-Unis a muni de ses pleins pouvoirs le Sr. William L. Marcy Secre- taire d'Etat des Etats-Unis ; et sa Ma- jeste I'Empereur de toutes les Russies a muni des memes pouvoirs le Sr. Edward de Stoeckl, Counseiller d'Etat, chevalier des orders de Ste. Anne de la 2"'« classe, de St. Stanislas de la 4™ classe, et de la Couronne de fer d'Autriche de la 3""= classe, charge d'affaires de sa Majeste prt's du gouvernement des Etats-Unis d'Amerique: lesquels plenipotentiaries, apres avoir echange leurs pleins pou- voirs, trouves en bonne et due forme, ont arrete et signe les articles suivans : Les deux hautes parties contractantes reconnaissent comme permanent et im- muable le principe qui suit, savoir : 1°. Que le pavilion convre la mar- chandise, (that free ships make free goods,) c'est k dire, que les effets on mar- chandises, qui sont la propriete des su- jets ou citoyens d'une Puissance ou Etat en guerre, sont exempts de capture ou confiscation sur les vaisseaux neutres, 4 I'exception des objets contrabande de guerre. 2° Que la propriete neutre, a bord d'un navire ennemi, n'est pas sujette k confiscation, i\ moins qu'elles ne soit contrabande de guerre. EUes s'engagent h. appliquer ces principes an commerce et i\ la navigation de toute Puissance.'' et Etats qui voudront les adopter de leur cdte comme permanautes et immuables. m FORKiaN AFFAIRR The two high contracting parties re- serve themselves to conie to an ulterior understanding as circumstances may re- quire, with regard to the application and extension to be given, if there be any cause for it, to the principles laid down in. the 1st article. But they de- clare from this time that they will take the stipulations contained in said arti- cle 1st as a rule, whenever it shall be- come a question, to judge of the rights of neutrality. Les deux hautes parties contractantea se rescrventde s'entendreulterieurement selon que les circonstances pourront I'exiger sur I'application et I'extension k donner, s'il y a lieu, aux principes con- venus h I'article 1. Mais elles declarant des a present qu'elles prendront les stipulations que renferme le dit article 1, pour r^gle, toutes les fois qu'il s'agira d'aprecier les droits de neutralite. ARTICLE III. It is agreed by the high contracting parties that all nations which shall or may consent to accede to the rules of the first article of this convention, by a formal declaration stipulating to observe them, shall enjoy the rights resulting from such accession as they shall be en- joyed and observed by the two Powers signing this convention. They shall mutually communicate to each other the results of the steps ■which may be taken on the subject. ARTICLE ITI. II est convenu entre les haute parties contractantes que toutes les nations qui voudraient consentir h acceder aux re- gies contenues dans I'article P'' de cette convention par une declaration formelle stipulante qu'elles s'engagent a les ob- server, jouiront des droits resultant de cette accession comme les deux Puissan- ces signataires de cette convention joui- ront de ces droits et les observeront. Elles se communiqueront reciproque- ment le resultat des demarches qui seront faites k ce sujet. ARTICLE IV. The present convention shall be ap- proved and ratified by the President of the United States of America, by and with the advice and consent of the Sen- ate of said States, and by his Majesty the Emperor of all the Russias, and the ratifications of the same shall be ex- changed at Washington within the pe- riod of ten months, counting from this day. or sooner, if possible. In faith whereof, the respective pleni- potentiaries have signed the present convention, in duplicate, and thereto affixed the seal of their arms. Done at Washington the twenty-se- cond day of July, the year of Grace 1854. W. L. MARCY, [l. s.] EDWARD STOECKL. [l. s.J La presente convention seri approu- vee et ratifiee par le President des Etats- Unis d'Amerique, par et avec I'avis et le consentment du Senat des dits Etats, et par sa Majeste I'Empereur de toutes les Russies, et les ratifications, en seront echangces h Washington dans I'espace de dix mois, a compter de ce jour, ou plus tot, si faire se pent. En foi de quoi les plenipotentiaries re- spectifs ont signe la presente convention, en duplicata, et y ont appose le cachet de leurs armes. Fait a Washington, le vingt-deuxi(^me de Juillet, I'an de Grace 1854. W. L. MARCY, EDWARD STOECKL. KL. [l. s!J FOREIG^r AFFAIRS. 378 MEXICO. TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE MEXICAN REPUBLIC. Dated at the City of Mexico, ZMh December, 1853.— RaHfied by the President U. S. 29ih June, 1854. — Exchanged at Washington, ZQth June, 1854. — Proclaimedby ike President U. S. 30th June, 1854. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: A PROCLAMATION. Whereas, a treaty between the United States of America and the Mexican Re- public, was concluded and signed at the city of Mexico, on the thirtieth day of December, one thousand eight hundred and fifty-three : which treaty, as amend- ed by the Senate of the United States, and being in the English and Spanish languages, is word for word as follows : In the name of Almighty God : The Republic of Mexico and the Uni- ted States of America, desiring to remove every cause of disagreement which might interfere in any manner with the better friendship and intercourse between the two countries, and especially in respect to the true limits which should be estab- lished, when, notwithstanding what was covenanted in the treaty of Guadalupe Hidalgo, in the year 1848, opposite inter- pretations have been urged, which might give occasion to questions of serious mo- ment : to avoid these, and to strengthen and more firmly maintain the peace which happily prevails between the two republics, the President of the United States has, for this purpose, appointed James Gadsden, Envoy Extraordinary and Minister Plenipotentiary of the same, near the Mexican government, and the President of Mexico has appointed as Plenipotentiary '^ad fioc" his excellency Don Manuel Diez de Bonilla, cavalier grand cross of the national and distin- guished order of Guadalupe, and Secre- tary of State, and of the office of Foreign Relations, and Don Jose Salazar Ylar- regui and General Mariano Monterde, as scientific commissioners, invested with full powers for this negotiation, who, having communicated their respective full powers, and finding them in due and proper form, have agreed upon the arti- cles following : ARTICLE I. The Mexican Republic agrees to desig- nate the following as her true limits with the United States for the future : retaining the same dividing line between the two Californias as already defined En el nombre de Dios Todopoderoso : La Repuiiblica de Mexico y los Estados Unidos de America, deseando remover toda causa de desacuerdo que pudiera influir en algun modo en contra de la me- jor amistad y correspondencia entre am- bos paises,y especialmente por lo respec- tivo a los verdaderos limites que deben fijarse, cuando no obstante lo pactado en el tratado de Guadalupe Hidalgo en el ano de 1848, aun se han suscitado algu- nas interpretaciones encontradas que pu- dieran ser ocasion de cuestiones de grave trascendencia, para evitarlas, y afirmar y corroborar mas la paz que felizmente rei- na entre ambas republicas, el Presideute del Mexico ha nombrado (i este fin con el caracter de plenipotenciario ad hoc al Exmo. Sr. D. Manuel Diez de Bonilla, caballero gran ceuz de la uacional y dis- tinguida orden de Guadalupe, y Secre- tario de Estado y del Despacho de Rela- ciones Exteriores, y a los Senores D. Jose Salazar Ylarregui y General D. Mariano Monterde, como comisarios peritos inves- tidos con plenos poderes para esta nego- ciacion, y el Presidente de los Estadcs Unidos a S. E. el Sr. Santiago Gadsden, EnviadoExtraordinarioyMinistro Plen- ipotenciario de los mismos Estados Uni- dos cerca del gobierno Mexicano; quienes habiendose comunicado sus respectivos plenos poderes, y halladolos en buena y debida forma, han conveuido en los ar- ticulos siguientes : ARTICDLO I. La Republica Mexicana conviene en s<^ galar para lo succesivo como verdaderos limites con los Estados Unidos los si- guientes : Subsistiendo la misma linea di- visoria entre las dos Californias, tal cual 374 FOREIGN AFFAIRS, and established, according to the 5th ar- ticle of the treaty of Guadalupe Hidalgo, the limits between the two republics shall he as follows: Beginning in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, as provided in the 5th article of the treaty of Guadalupe Hidalgo ; thence, as defi- ned in the said article, up the middle of that river to the point where the parallel of 31° 41' north latitude crosses the same; thence due west one hundred miles; thence south to the parallel of 31° 20' north latitude ; thence along the said parallel of 31° 20' to the 111th me- ridian of longitude west of Greenwich ; thence in a straight line to a point on the Colorado river twenty English miles below the junction of the Gila and Colo- rado rivers ; thence up the middle of the said river Colorado until it intersects the present line between the United States and Mexico. For the performance of this portion of the treaty, each of the two governments shall nominate one commissioner, to the end that, by common consent, the two thus nominated, having met in the city of Paso del Norte, three months after the exchange of the ratifications of this treaty, may proceed to survey and mark out upon tile land the dividing line stip- ulated by this article, where it shall not have already been surveyed and estab- lished by the mixed commission, accord- ing to the treaty of Guadalupe, keeping a journal and making proper plans of their operations. For this purpose, if they should judge it necessary, the con- tracting parties shall be at liberty, each to unite to its respective commissioner, scientific or other assistants, such as astronomers and surveyors, whose con- currence shall not be considered neces- sary for the settlement and ratification of a true line of division between the two republics; that line shall be alone established upon which the commission- ers may fix, their consent in this parti- cular being considered decisive and an integral part of this treaty, without ne- cessity of ulterior ratification or ap- proval, and without room for interpre- tation of any kind by either of the par- ties contracting. The dividing line thus established shall, in all time, be faithfully respected by the two governments, without any variation therein, unless of the ex[)ress and free consent of the two, given in conformity to the jjrinciples of the law of nations, and in accordance with the con- stitution of each country respectively. esta ya definida y marcada conforme al articulo quinto del tratado de Guadalupe Hidalgo, los limites entrelas dos repiib- licas seran los que siguen: Comenzando en el golfo de Mexico a tres leguas de distancia de la costa, frente a la desem- bocadura del Rio Grande, como se esti- pulo en el articulo quinto del tratado de Guadalupe Hidalgo ; de alii, segun se fija en dicho articulo, hasta la mitad de aquel rio al punto donde la paralela de 31° 4*7'' de latitud norte atraviesa el mismo rio ; de alii, cien millas en linea recta al oeste ; de alii, al sur a la paralela del 31° 20' de latitud norte ; de alii, siguiendo la dicho paralela de 31° 29' hasta el Til del meridiano de longitud oeste de Green- wich ; de alii, en linea recta k un punto en el rio Colorado, veinte millas inglesaa abajo de la union de los rios Gila y Co- lorado ; de alii, por la mitad del dicho rio Colorado, rio arriba, hasta donde encuen- tra la actual linea divisoria entre los Estados Unidos y Mexico. Para la eje- cucion de esta parte del tratado, cada uno de los gobiernos nombrara un comisario, k fin de que por comun acuerdo los dos asi nombra dos, que se reuniran en la ciudad del Paso del Norte, tres meses despues del cange de las ratificaciones de este tratado, procedan a recorrer y de- marcar sobre el terreno la linea divisoria estipulada por este articulo, en lo que no estuviere ya reconocida y establecida por la comision mixta segun el tratado de Guadalupe, Uevando al efecto dLarios de sus procedimientos, y levantando los pianos convenientes. A este efecto, si lo juzgaren necesario las partes contratan- tes, podran anadir a su respective comis- ario alguno 6 algunos auxiliares, bien fiicultativos 6 no, como agrimensores, astrdnomos, &c.; pero sin que por esto su concurrencia se considere necesaria para la fijacion y ratificacion como ver- dadera linea divisoria entre ambas re- publicas ; pues dicha linea solo sera es- tablecida por lo que convengan los com- isarios, reputandose su conformidad en este punto como decisiva parte integrante de este tratado, sin necesidad de ulterior ratificacion 6 aprobacion, y sin lugar a interpretacion de ningum gcnero por cualqiiiera de las dos partes contra tantes. La linea divisoria establecida de este modo, sera en todo tiempo fielmente re- si)etada por los dos gobiernos, sin permi- lirse ninguna variacion en ella, sino es de expreso y libre consentimiento de los dos, ortorgado de conformidad con los principios del derecho de gentes, y con arreglo a la constitucion de cada paii respectivamente. En consecuencia, lo es- FOREIGN AFFAIRS. 375 In consequence, the stipulation in the 5th article of the treaty of Guadalupe upon the boundary line therein descri- bed is no longer of any force, wherein it may conflict with that here establish- ed, the said line being considered annull- ed and abolished wherever it may not coincide with the present, and in the same manner remaining in full force where in accordance witli the same. ARTICLE II. The government of Mexico herebj' re- leases the United States from all liability on account of the obligations contained in the eleventh article of the treaty of Guadalupe Hidalgo ; and the said article and the thirty-third article of the treaty of amity, commerce, and navigation be- tween the United States of America and the United Mexican States, concluded at Mexico, on the fifth day of April, 1831, are hereby abrogated. ARTICLE ui. In consideration of the foregoing stip- ulations, the government of the United States agrees to pay to the government of Mexico, in the city of New York, the sum of ten millions of dollars, of which seven millions shall be paid immediate- ly upon the exchange of the ratifica- tions of this treaty, and the remaining three millions as soon as the boundary line shall be surveyed, marked, and es- tablished. ARTICLE IV. The provisions of the 6th and 7th ar- ticles of the treaty of Guadalupe Hidalgo having been rendered nugatory, for the most part, by the cession of territory granted in the first article of this treaty, the said articles are hereby abrogated and annulled, and the provisions as herein expressed substituted therefor. The vessels and citizens of the United States shall, in all time, have free and uninterrupted passage through the gulf of California, to and from their posses- sions situated north of the boundary line of the two countries. It being understood that this passage is to be by navigating the gulf of California and the river Co- lorado, and not by land, without the ex- press consent of the Mexican govern- ment ; and precisely the same provisions, stipulations, and restrictions, in all re- spects, are hereby agreed upon and adopted, and shall be scrupulously ob- served and enforced by the two con- tracting governments in reference to the Rio Colorado, so tar and for such dis- tipulado en el articulo quinto del tratado de Guadalupe sobre la lineadivisoriaen el descrita, queda sin valor en lo que re- pugne con la establecida aqui ; dandose por lo mismo por derogada y anulada dicha linea en la parte en que no es con- forme con la presente, ;isi como perma- necera en todo su vigor en la parte en que tuviere dicha conformidad con ella. ARTICULO II. El gobierno de Mexico por este arti- culo exime al de los Estados Unidos de las obligaciones del articulo 1 1 del tra- tado de Guadalupe Hidalgo, y dicho ar- ticulo, y el 33 del tratado de amistad comercio y navegacion entre los Estados Unidos Mexicanos y los Estados Unidos de America, y concluido en Mexico el dia 5 de Abril de 1831, quedan por este derogados. ARTICULO III. En consideracion A las anteriores esti- pulaciones el gobierno de los Estados Unidos conviene en pagar al gobierno de Mexico, en la ciudad de Nueva York, la suma de diez millones de pesos, de los cuales, siete millones se pagaran luego que se verifique el cange de las ratifiea- ciones de este tratado, y los tres mil- lones restantes tan pronto como se re- conozca, marque y fije la linea divisoria. ARTICULO IV. Habiendose hecho en su mayor parte nugatorias las estipulaciones de los arti- culos sexto y septimo del tratado de Guadalupe Hidalgo por la cession de ter- ritorio hecha en el articulo primero de este tratado, aquellos dichos articulos quehan por este derogados y anulados, y las estipulaciones que a continuacion se espresan, substituidas en lugar de aquel- las. Los buques y ciudadanos de los Estados Unidos tendran en todo tiempo libre y no interrumpido tr/insito per el golfo de California para sus posesiones 3' desne sus posesiones sitas al norte de la linea divisoria de los dos paises ; enten- diendose que ese triinsito se ha de hacer navegando por el golfo de California y per el rio Colorado, y no por tierra, sin expreso consentimiento del gobierno Mexicano. Y precisamente, y hajo todos respectos, las mismas disposiciones, esti- pulaciones y restricciones queden con- venidas y adoptadas por este articulo, y seran escrupulosamentc observadas y bechat efectivas por los dos gobieruos 376 FOREIGN AFFAIRS. tance as the middle of that river is made their common boundary line by the first article of this treaty. The several provisions, stipulations, and restrictions contained in the 7th article of the treaty of Guadalupe Hi- dalgo shall remain in force only so far as regards the Rio Bravo del Norte, be- low the initial of the said boundary pro- vided in the first article of this treaty : that is to say, below the intersection of the 31° 47' 30'^ parallel of latitude, with the boundary line established by the late treaty dividing said river from its mouth upwards, according to the 5th article of the treaty of Guadalupe. ARTICLE V. All the provisions of the eighth and ninth, sixteenth and seventeenth articles of the treaty of Guadalupe Hidalgo, shall apply to the territory ceded by the Mex- ican republic in the first article of the present treaty, and to all the rights of persons and property, both civil and ecclesiastical, within the same, as fully and as effectually as if the said articles were herein again recited and set forth. ARTICLE VI. No grants of land within the territory ceded by the first article of this treaty bearing date subsequent to the day — twenty-fifth of September — when the minister and subscriber to this treaty on the part of the United Slates proposed to the government of Mexico to terminate the question of boundarj^, will be con- sidered valid or be I'ecognised by the United States, or will any grants made previously be respected or be consider- ed as obligatory Avhich have not been located and duly recorded in the ar- chives of Mexico. ARTICLE VII. Should there at any future period (v?hich God forbid) occur any disagree- ment between the two nations which might lead to a rupture of their relations and reciprocal peace, tliey bind them- selves in like manner to procure by every possible method the adjustment of every ditference; and should they still in this manner not succeed, never will they proceed to a declaration of war, without having previously paid attention to what has been set forth in article twenty-one of the treaty of Guadalupe for similar contratentes, con referenda al rio Colo- ado por tal distancia, y en tanto que la mediania de ese rio queda como su linea divisoria comun por el articulo primero de este tratado. Las diversas disposi- cioncs, estipulaciones y restricciones con- tenidas en el articulo si'ptimo del tratado de Guadalupe Hidalgo, solo perraanece- riin en vigor en lo relativo al Rio Bravo del Norte abajo del punto inicial de dicho limite estipulado en el articulo primero de e5te tratado ; es decir, abajo de la in- terseccion del paralelo de 31° 47' SO'' de latitud con la linea divisoria establecida por el reciente tratado que divide dicho rio desde su embocadura arriba de com- formidad con el articulo quinto del tratado de Guadalupe. ARTICOLO T. Todas las estipulaciones de los arti- culos, octavo, noveno, decimosexto y decimo setimo del Tratado de Guadalupe Hidalgo, se aplioaran al territorio cedido por la Ilepfiblica Mexicana en el articulo primero del presente tratado, y k todos los derechos de persona y bienes, tanto civiles como ecclesiasticos, que se encu- entren dentro de dicho territorio, tan plena y tan eficazmente commo si dichos articulos de nuevo se insertaran e in- cluyeran li la letra en este. ARTICULO VI. No se consideraran validas, ni se re- conoceran por los Estados Unidos ningu- nas concesiones de tierras en el territorio cedido por el articulo primero de este tratado, de fecha subsecuente al dia veinte y cinco de Septiembre en que el ministro y signatario de este tratado por parte de los Estados Unidos propuso al Gobierno de Mexico dirimir la cuestion de limites ; ni tampoco se respetaran, ni consideraran como obligatorias ningu- nas concesiones hechas con anterioridad que no hayan sido inscritas y debida- raente registradas en los archives de Mexico. ARTICULO VII. Si en lo fnturo (que Dios no permita) se suscitare algun desacuerdo entre las dos naciones, que pudiera Uevarlas a un rompimiento en sus relaciones }' paz rc- ciproca, se comprometen asi mismo a procurar por todos los medios posibles el allanamiento de cualquiera diferencia ; y si aun de esta manera no seconsiguiere, jamas se llegara a una declaracion de guerra sin haber observado previamente euanto en el articulo veintiuno del tra- tado de Guadalupe quedd establecido para scmeiantes cases, ycuyo articulo se FOREIGN AFFAIRS. 377 cases ; which article, as well as the da por reafirmado en esto tratado asi twenty-second, is here reaffirmed. como el veintidos. ARTicuLo vni. Habiendo autorizado el pobierno Mex- icano en 5 de Febrero de 1 S53, la pronta construccion de un camino de madera y de un ferro carril en el istmo de Tehaun- tepec, para asegurar de una manera es- table los beneficios de dicha via de comu- nicacion a las personas j- ruercancias de los ciudadanos de Mexico y de los Esta- dos Unidos, se estipula que ninguno de los dos gobiernos pondra obstaculo al- guno al transito de personas y mercan- cias de ambas naciones y que en ningun tieinpo se impondrdn cargas por el tran- sito de personas y propriedades de ciu- dadanos de los Estados Unidos majores que las que se impongan a las personas y propiedades de otras naciones extran- geras ; ni ningun interes en dicha via de comunicacion 6 en sus productos, se transferin'i ;i un gobierno extrangero. Los Estados Unidos tendn'm derecho de transportar por el istmo por medio de sus agentes y en balijas cerradas, las nialas de los Estados Unidos que no ban de distribuirseen la extension de la linea de comunicacion, y tambien los efectos del Gobierno de los Estados Unidos y sus ciudadanos que solo vayan de tran- sito y no para distribuirse en el istmo estartin libres de los derechos de aduana 11 otros, irapuestos por el gobierno Mexi- cano. No se exigira a las personas que atraviesen el istmo y no permanezcan en el pais, pasaportes ni cartas de seguri- dad. Cuando se concluya la construccion del ferro carril, el Gobierno Mexican oconviene en abrir un puerto de entrada, ademas del de Veracruz, en donde ter- niina dicho ferro carril en el Golfo de Mexico 6 ccrca de ese punto. Los dos gobiernos celebrar/in un ar- reglo para el pronto transito de tropasy municiones de los Estados Unidos, que este gobierno tenga ocasion de enviar de una parte de su territorio a otra, situadas en lados opuestos del continente. Habiendo convenido el Gobierno Mex- icano en proteger con todo su poder la construccion, conservacion y seguridad de la obra, los Estados Unidos de su parte podran impartirle su proteccion sienipre que fuere apoyado y arreglado al derecho de gentes. ARTICCLO IX. ARTICLE nil. The Mexican government having on the 5th of FeV)ruary," 1853, authorized the early construction of a plank and railroad across the isthmus of Tehuante- pec, and to secure the stable benefits of said transit way to the persons and mer- chandise of the citizens of Mexico and the United States, it is stipulated that neither government will interpose any obstacle to the transit of persons and merchandise of both nations ; and at no time shall higher charges be made on the transit of persons and property of citizens of the United States than may be made on the persons and property of other foreign nations, nor shall any in- terest in said transit way, nor in the proceeds thereof, be transferred to any foreign government. The United States, by its agents, shall have the right to transport across the isthmus, in closed bags, the mails of the United States not intended for distribu- tion along the line of communication ; also the effects of the United States gov- ernment and its citizens, which may be intended for transit, and not for distri- bution on the isthmus, free of custom- house or other charges by the Mexican government. Neither passports nor let- ters of security will be required of per- sons crossing the isthmus and not re- maining in the country. When the construction of the railroad shall be completed, the Mexican govern- ment agrees to open a port of entry in addition to the port of Vera Cruz, at or near the terminus of said road on the Gulf of Mexico. The two governments will enter into arrangements for the prompt transit of troops and munitions of the United States, which that government may have occasion to send from one part of its territory to another, lying on opposite sides of the continent. The Mexican government having agreed to protect with its whole power the prosecution, preservation, and secu- rity of the work, the United States may extend its protection as it shall judge wise to it when it may feel sanctioned and warranted by the public or inter- national law. ARTICLE IX. This treaty shall be ratified, and the Este tratado sera ratiiicado, y las rati- reepective ratifications shall be exchang- ficaciones respectivas cangeadas en la ed at the city of Washington within the Cuidad de Washington, en el precise ter- 48 378 FOREIGN AFFAIRS. exact period of six months from the mino do seis meses, 6 antes si fuere posi- date of its signature, or sooner, if possi- ble, contado ese termino desde su fecha. ble. En fe de lo cual, nosotros los Plenipo- In testimony whereof, we, the pleni- tenciarios de las partes contratantes lo potentiaries of the contracting parties, hemos firmado y sellado en Mexico, el have hereunto affixed our hands and dia treinta de Diciembre del ano de nu- seals at Mexico, the thirtieth (30th) day estro oeiior mil, ochocientos, cincuenta of December, in the year of our Lord y tres, trigesimo tercero de la indepen- one thousand eight liundred and fifty- dencia, de la republica Mexicana, y sep- three, in tlie thirty-third year of the in- tuagesimo octavo do la de los Estados dependence of tiie Mexican republic, Unidos. and the seventy-eighth of that of the United States. JAMES GADSDEN, [l. s.] MANUEL DIEZ DE BONILLA, [l. s.] MANUEL DIEZ DE BONILLA, [l. s.J J. MARIANO MONTERDE, [l. s.] JOSE SALAZAR YLARREGUI, [l. s.J JOSE SALAZAR YLARREGUI, [l. s.1 J. MARIANO MONTERDE. [l. s.] JAMES GADSDEN. [l. a] And whereas the said treaty, as amended, has been duly ratified on both parts, and the respective ratifications of the same have this day been exchanged at Wash- ington, by William L. Marcy, Secretary of State of the United States, and Seiior General Don Juan N. Almonte, Envoy Extraordinary and Minister Plenipotentiary of the Mexican Republic, on the part of their respective governments: Now, therefore, be it known that I, FRANKLIN PIERCE, President of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the city of Washington, this thirtieth day of June, in the year [seal.] of our Lord one thousand eight hundred and fifty-four, and of the Independence of the United States the seventy-eighth. FRANKLIN PIEROE. By the President : W. L. Marcy, Secretary of State, GllEAT BRITAIN. RECIPROCITY TREATY BETWEEN THE UNITED STATES OF AMERICA AND HER BRITANNIC MAJESTY. Concluded Uh June, 18.')4/ ratified by the United States 9th August, 1854; exchanged 9th September, 1854; and proclaimed lUh September, 1854. BY THE PRESIDKXT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a treaty between the United States of America and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, was concluded and signed by their respective plenipotentiaries at Washington on the 5th day of June last, which treaty is, word for word, as follows: The government of the United States being equally desirous with her Majesty the Queen of Great Britain to avoid further misunderstanding between their respective citizens and subjects in regard to the extent of the right of fishing on the coasts of TJritish North America, secured to each by article 1 of a convention between the United States and Great Britain, signed at London on the 20th day of October, 1818 : and being also desirous to regulate the commerce and naviga- tion between their respective territories and people, and more especially between FOREIGN APPAIHS. 379 her Majesty's possessions in North America and the United States, in such manner as to render the same reciprocally beneficial and satisfactorj-, have, respectively. named plenipotentiaries to confer and agree thereupon — that is to say, the Presi- dent of the IJnited States of America, William L. Marcy. Secretary of State of the United States, and her Majesty the Queen of the United Kingdom of Great Britain and Ireland, James, Earl of Elgin and ICincardine, Lord Bruce and Elgin, a pe^r of the United Kingdom, Knight of the most ancient and most nolile Order of the Thistle, and governor general in and over all her Britanni(; Jlajcsty's provinces on the continent of North America, and in and over the island of Prince Edward, who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following articles : Article 1. It is agreed by the high contracting parties that, in addition to the liberty secured to the United States fishermen by the above-mentioned convention of October 20, 1818, of taking, curing, and drying fish on certain coasts of the British North American colonies therein defined, the inhaliitants of the United States shall have, in common with the subjects of her Britannic Majesty, the liberty to take fish of every kind, except shell-fish, on the sea-coasts and shores, and in the bays, harbors, and creeks of Canada, New Brunswick, Nova Scotia, Prince Edward's island, and of the several islands thereunto adjacent, without being re- stricted to any distance from tlie shore, with permission to land upon the coasts and shores of those colonies and the islands thereof, and also upon the Magdalen islands, for the purpose of drying their nets and curing their fish ; provided that, in so doing, they do not interfere with the rights of private property, or with British fishermen, in the peaceable use of any part of the said coast in their occupancy for the same purpose. It is understood that the above-mentioned liberty applies solely to the sea fish- ery, and that the salmon and shad fisheries, and all fisheries in rivers and the mouths of rivers, are hereby reserved, exclusively, for British fishermen. And it is further agreed, that in order to prevent or settle any disputes as to the places to which the reservation of exclusive right to British fishermen, con- tained in this article, and that of fishermen of the United Slates, contained in the next succeeding article, apply, each of the high contracting parties, on the appli- cation of either to the other, shall, within six months thereafter, appoint a com- missioner. The said commissioners, before proceeding to any l)usincss, shall make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment, and according to justice and equity, without fear, favor, or affection to their own country, upon all such places, as are intended to be reserved and excluded from the common liberty of fishing under this and the next succeeding article, and such declaration shall be entered on the record of their proceedings. The commissioners shall name some third person to act as an arbitrator or umpire in any case or cases on which they may themselves differ in opinion. If they should not be able to agree upon the name of such third person, they shall each name a person, and it shall be determined by lot which of the two' persons so named shall be the arbitrator or umpire in cases of difference or disagreement between the commissioners. The person so to be chosen to be arbitrator or umpire shall, before proceeding to act as such in any case, make and subscribe a solemn declaration in a form similar to that which shall already have been made and subscribed by the commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or incapacity of either of the com- missioners, or of the arbitrator or umpire, or of their or his omitting, declining, or ceasing to act as such commissioner, arbitrator, or umpire, another and diS'er- ent person shall be appointed or named as aforesaid to act as such commissioner, arbitrator, or umpire, in the place and stead of the person so origmally appointed or named as aforesaid, and shall make and subscribe such declaration as afore- said. Such commissioners shall proceed to examine the coasts of the North American provinces and of the United StJites embraced within the provisions of the first and second articles of this treaty, and shall designate the places reserved by the said articles from the common right of fishing therein. The decision of the commissioners and of the arbitrator or umpire shall be given in writing in each case, and shall be signed by them respectively. The high contracting parties hereby solemnly engage to consider the decision 380 FOREIGN AFFAIRS. of the commissioners conjointly, or of the arbitrator or umpire, as the case may be, as absolutely final and conclusive in each case decided upon by them or him respectively. Article 2. It is agreed by the high contracting parties that British subjects shall have, in common with the citizens of the United States, the liberty to take fish of every kind, except shell-fish, on the eastern sea-roasts and shores of the United States north of the 36th parallel of north latitude, and on the shores of the several islands thereunto adjacent, and in the bays, harbors, and creeks of the said sea-coasts and shores of the United States and of the said islands, without being restricted to any distance from the shore, with permission to land upon the said coasts of the United States and of the islands aforesaid, for the purpose of drying their nets and curing their fish ; provided that, in so doing, they do not interfere with the rights of private property, or with the fishermen of the United States in the peaceable use of any part of the said coasts in their occupancy for the same purpose. It is understood that the above mentioned liberty applies solely to the sea fish- ery, and that salmon and shad fisheries, and all fisheries in rivers and mouths of rivers, are hereby reserved exclusively for fishermen of the United States. Article 3. It is agreed that the articles enumerated in the schedule hereunto annexed, being the growth and produce of the aforesaid British colonies or of the United States, shall be admitted into each country respectively free of duty : SCHEDULE. Grain, flour, and breadstuflfs, of all kinds; animals of all kinds; fresh, smoked, and salted meats; cotton-wool, seeds, and vegetables; undried fruits, dried fruits; fish of all kinds; products of fish, and of all other creatures living in the water; poultry, eggs; hides, furs, skins, or tails, undressed ; stone or marble, in its crude or unwroaght state; slate; butter, cheese, tallow; lard, horns, manures; ores of metals, of all kinds ; coal; pitch, tar, turpentine, ashes ; timber and lumber of all kinds, round, hewed, and sawed, unmanufactured in whole or in part; firewood ; plants, shrubs, and trees; pelts, wool; fish oil; rice, broom-corn, and bark; gyp- sum, ground or unground ; hewn, or wrought, or unwrought burr or grindstones ; dye-stuffs; flax, hemp, and tow, unmanufactured ; unmanufactured tobacco; rags. 'Article 4, It is agreed that the citizens and inhabitants of the United States shall have the right to navigate the river St. Lawrence, and the canals in Canada used as the means of communicating between the great lakes and the Atlantic ocean, with their vessels, boats, and crafts, as fully and freely as the sulijects of her Britannic Majesty, subject only to the aime tolls and other assessmenis as now are, or may hereafter be, exacted of her Majesty's said subjects ; it being understood, however, that the British government retixins the right of suspending this privi- lege on giving due notice thereof to the government of tlie United States. It is further agreed, that if at any time the British government should exercise the said reserved right, the government of the United Slates shall have the right of suspending, if it think fit, the operation of article 3 of the present treaty, in so far as the province of Canada is afi"ected thereby, for so long as the suspension of the free navigation of the river St, Lawrence or the canals may continue. It is further agreed that British subjects shall have the right freely to navigate Lake Michigan with their vessels, boats, and crafts, so long as the privilege of navigating the river St. Lawrence, secured to American citizens by the above clause of the present article, shall continue; and the government of the United States further engages to urge upon the SUxte governments to secure to the sub- jects of her Britannic Majesty the use of the several State canals, on terms of equality with the inhabitants of the United States. And'it is further agreed, that no export duty, or other duty, shall be levied on lumber or timber of any kind cut on that portion of the American territory in the State of Maine watered by the river St. John and its tnljutaries, and floated down that river to the sea, when the same is shipped to the United States from the province of New Brunswick. Article 5. The present treaty shall take effect as soon as the laws required to carry it into operation shall have been passed by the Imperial Parliament of Great Britain and by the Provincial Parliaments of those of the British North American colonies which are affected by this treaty on the one hand, and by the Congress of the United States on the other. Such assent having been given, the treaty FOREIGN AFFAIRS, 381 shall remain in force for ten years from the date at which it may come into opera- tion, and further, until the expiration of twelve months after either of the high contracting parties shall give notice to the other of its wish to terminate the same; each of the high contracting parties being at liberty to give such notice to the other at the end of the said term of ten years, or at any time afterwards. It is clearly understood, however, that this stipulation is not intended to affect the reservation made by article 4 of the present treaty, with regard to the right of temporarily suspending the operation of articles 3 and 4 thereof Article 6. And it is hereby- further agreed, that the provisions and stipulations of the foregoing articles shall extend to the island of Newfoundland, so far as they are applicable to that colony. But if the Imperial Parliament, the Pro- vincial Parliament of Newfoundland, or the Congress of the United States, shall not embrace in their laws, enacted for carrying this treaty into effect, the colony of Newfoundland, then this article shall be of no effect; but the omission to make provision by law to give it effect, by either of the legislative bodies aforesaid, shall not in any way impair the remaining articles of this treaty. Article 7. The present treaty shall be duly ratified, and the mutual exchange ■of ratifications shall take place in "Washington within six months from the date hereof, or earlier if possible. In faith whereof, we, the respective plenipotentiaries, have signed this treaty, and have hereunto affixed our seals. Done in triplicate, at Washington, the fifth day of June, Anno Domini one thousand eight hundred and fifty-four. AY. L. MARCY. [l. s.] ELGIN AND KINCARDINE, [l. s.J And whereas the said treaty has been duly ratified on both parts, and the respective ratifications of the same were exchanged in this city on the 9th instant, by William L. Marcy, Secretary of State of the United States, and John F. Crampton, Esq., her Britannic Majesty's envoy extraordinary and minister pleni- potentiary to this government, on the part of their respective governments: Now, therefore, be it known, that I, FRANKLIN PIERCI^ President of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and ful- liUed with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be afifLxed. Done at the city of Washington, this eleventh day of September, in the j SEAL.] year of our Lord one thousand eight hundred and fifty-four, and of the independence of the United States the seventy-ninth. FRANKLIN PIERCE. By the President : W. L. Marcv, Secretary of State. APPENDIX. II. -THE TREASURY. STATEMENTS, TABLES AND ABSTRACTS OF DOCUMENTS ANNEXED TO THE REPORT ON FINANCES. No. 1. Statement of Duties, Revenues, and Public Expenditures, during the fiscal year end- ing June 30, 1854, agreeably to warrants issued, exclusive of trust funds and Treas- ury notes funded. RECEIPTS. The receipts into the treasury during the fiscal year ending June 30, 1854, were as follows: From customs, vizi During the quarter ending September 30, 1853 $19, '718,822 00 During the quarter ending December 31, 1853.. 13,587,821 27 During the quarter ending March 31, 1854 16,896,724 83 During the quarter ending June 30, 1854 14,020,822 17 $64,224,190 27 From sales of public lands, viz: During the quarter ending September 30, 1853. 1,489,562 05 During the quarter ending December 31, 1853.. 2,223,076 39 During tlie quarter ending March 31, 1854 2,012,908 36 During the quarter ending June 30, 1854 2,745,251 59 8,470,798 39 From miscellaneous and incidental sources 854,716 54 Total receipts 73,549,705 20 Balance in the treasury July 1, 1853 21,942,892 56 Total means 95,492,597 76 EXPENDITURES. The expenditures for the fiscal year ending June 30, 1854, exclu- sive of trust funds and treasury notes funded, were as follows : CIVIL. Legislative, including books... $1,656,102 47 Executive 1,683,154 09 Judiciary 886,386 37 Governments in the Territories of the U. States... 186,110 86 Surveyors and their clerks, &c 134,581 95 OflScers of the mint and branches 73,675 00 Commissioner of Public Buildings, and clerk 2,750 00 Secretary to sign patents for public lands 1,500 00 Aeeifitant treasurers, and their clerks 25,124 24 Total civil 4,649,384 98 FOBEIGN INTERC0UR8K. Salaries, outfits, and return allowances of minis- ters and charges des affaires 257,035 46 Salary, outfit, and return alloVance of minister resident to Turkey 12,000 QO Salaries of secretaries of legation 15,125 76 383 384 EXPENDITURES. Salary and outfit of commissioner to reside in China $11,454 61 Commissioner to the Sandwich Islands 12,824 14 Dragoman and assistant dragoman to Tiirliey 5,821 96 Secretary and interpreter to Chinese mission 2,250 00 Contingent expenses of all tlie missions abroad... 82,863 08 Contingent expenses of foreign intercourse 59,757 48 Salary of consul at London 1,000 00 Clerlv-hire and office-rent of consul at London 4,309 25 Clerk to legation to London 800 00 Siilary of consul at Alexandria 3,750 00 Salary o*" consul at Beyrout 125 00 Salaries of consuls at Kwang-Chow, &c., China... 15,840 90 Office-rent of consul at Basle, Switzerland 117 00 Relief and protection of American seaman 131,164 77 Intercourse with the Barbary powers 17,271 77 Interpreters, guards, and other expenses of the con- sulates in the Turkish dominions 4,492 02 Compensation for certain diplomatic services 6,895 53 Payment in relation to certain French seamen killed or wounded at Toulon, and their families.. 1,000 00 Awards under 15th article of treaty between the United States and Mexico, of February 2, 1848.. 10,000 00 ^ To enable the President to conclude a treaty of peace with Mexico 64,361 7') Contingent expenses of the late feoard of commis- sioners under treaty with Mexico 4,416 64 To fulfil 3d article of treaty between the United States and Mexico, of December 13, 1853 7,000,000 00 Expenses acknowledging services of masters and crews of foreign vessels in rescuing American citizens, &c 2,000 00 Total foreign intercourse $7,726,677 i: MISCELLANEOUS. Mint establishment 294,900 35 Establishing branch mint at San Francisco, Cali- fornia 298,399 59 Establishing an essay office in New York 81,214 79 Compensation of half per centum to each desig- nated depository 16,090 34 Contingent expenses under act for collecting, &c., public revenue 23,766 63 Compensation to special agents to examine books, &c., in the several depositories 2,249 60 Expenses incident to loans and treasury notes 2,916 84 Survey of the coast of the United States 186,000 00 Survey of the western coast of the United States... 150,000 00 Survey of Florida reefe and keys 30,000 00 Repairs of vessels employed on coast survey 10,000 00 Results and accounts of the exploring expedition.. 28,000 00 Fuel and quarters of ofiBcers of the army serving on the coast survey 10,000 00 Documentary History of the United States, 5th se- ries 25,435 00 To purchase 250 copies of the Statutes at Large and Synoptical Index 8,750 1^ 00 i~ j>- in c^ ,—4 f^ f-H in CO •^ CO CD CD O 03 C-T C^ OI CO B t-^ cTr-^oT croo^ocr oo'^"r-r of C0"rH''c i- CD ■* O 00 rH Oi CO CO o in -( 00 CO Oi O -* rH ■* CO o CO ^ cT cTo'rH'^ orcroo" C-TrS^ irTrH^-^^co" Tjf C^l -* .— 1 M< in o e-1 m ^ o CO in ,— < IM J^x- O Tt r- ir- c^ CO '^ Oi o o 00 03 o~ cxTin^o" Oi"oo"oo'~ oo"c-rcf C CO -t oo O O -J r- CO -t O CD -f ' o u m r)i rt 1- i i^ o o CO CO CO CO O CD ^ t-< cj iri in rH Tjf CO in rH H 8 03 OJ €#^ — r ^^ ^ ~o 0^1 0^3 J^ CO CO in CO CO CO CO in CO o "^ 03 3 o a- r- CO in in i-H c in CD Oi in CO Oi d 53 CD o Ci ^ CO 'J< O C-l ^ rH O in ri c "* cu CO >n CD_^CO O CO in r- o o 00 Oi in O 1:- ZJ M 3 c3 o M S 3 o i-^ic"o i-Tt-T^ rH rH Oi CD"'*"o3 Oi 05 CO 'tP CO CO c-i Oi rH CD CI 1- ^ ■* a 3 ^ 00 (M '^ C-1 00 rH ^ O O CO O Cil tH cq a o O be 3 03 a> ifT irTrH^in" fo'^c^Ti-T rH^CO'co" CQ c4" CO 3 .9 O t3 in o in CD IM OV Ci — _o rt CD ■-' i- o o CO r- CD O CO co co 00 in CO ^ CO -f CO -* O-l C-1 1- 3 CO 00 1^ Oi '^ -t- CD CD in ft-O ^"o-r ^ r-^ oo" m^t-^ a o w ^co T—i CD 00 CD 00 cj rt rH rH TjH t-l fa o s J oc D ti) 3 -»1 OJ 3 1> 1 o co" o 1 a C It OI 1 [o 'c a. C 1 IT ti> t-t iJi tH a> 3 Oj fcO 1 CO 2 m 1 00 [3 '3 ex CO CO I I 0) T ^ 'r* o 3 <>< OJ c^ ;J _> ^£ a. c c 3 3 3 4 C-4 3 -5 i-3 03 ~C^ in CO a: <£> -f iCi o- ^ CO CO -5? r^ CO tn c 00 in c- e "co'cT cTc^fc "•-^ o ^ > rH 1-1 r- •-I ^ c~ ,_( C-J CO ^ in CO i— "oc Oi o rH C^l 0- Tf . i~ 1:- 00 00 00 OC 00 ^-'^ 1-1 ■-( r- rH r-l rl rH rH ^,-1 r' ''* m Tj 1~~i fc! ;- CO c u 1 fi f;o 394 RECEIPTS AND EXPENDITURES. ^1— cioo-*rtin CO CI in rt »jiOfOinoicooi-cico-«*ieo o .i. -*C5aJr- CO CO CO o ©Tjijc-OOCOCOO-* X- -.J. o in Til ■13 (3 ■*mc^i-ftoooo--< o o CO in CO in 0> •* CO CO rH OO Tj< 00 ■* Oi 00 IM C-. C5 00 !M 00 C •M CI CO O Ci -.t 1- Ci Cl X- Oi X- CO © Ci CD X- m O. m rHoojinoiosoO'-i m ci ■* ■* CO 00 •— 1 o in in rH m 00 CO x^- ^ CO W 3 i-" o" of -rfT r-T (j-7 ^^ oj- o" oc'cf-n^^ i^TlT -f co'cTco'-tt'od' inco'co'cj: 1*" ai (M 1- Ol CO O ^ O Jt- Oi Cl 00 -* x- O o CD OiX- rH 05 00 © in in •* 1- o c-1 1- CO CO CD CI r-* o in CO 00 -H^ O X- O CD CO 00 in r-l CO Tf o_ ^ ccT in" r-T CD~ co" co" of cf CXi 00 C^ 00 ©"in ■'^'" r-l Ci J>- in I-H co'Tfcfm in" o r-( r-l (M CO CO CO "^ Tf CO cq COr-lr-frHCOCOeOCacq Cfl Eh ^^ ■""""" Tl<00C0C-jC^0^-*O Tn in o CO CO CO X- OOCl^COOiCOrHOO- 00 1 i-lf-C^0r-(O^r- 0-- a> CO 00 CO CO CO CD X- Ci Cl XT- © CO Ci CO CO Qococ5'*cocr>ooc-i -# CO J— i-i CI CO in CO CO X- CO CO OD ^ CO Ci t* OiMr-i-^t-OCOCO Tf CO CO CO C5 CO o Ci O Cl CO rH in CO CD C5 C^i-^ c- CQ o o O i— JT- <-l in o o rH © o © c 02 -rf J^- IM oq 05 o in ^ O CO Cl in ,-f tH tH © © o CO Oj o ^ o 00 CTj o o CO ,-< CO CO -# CO o CO CO © © •^ S O 00 00 00 ro co^ o ^ 05 CO *^ in J>- Cl 00 CO © © o o o <1> 3 00 oo orco"!-^ 'Tf i-^TtTTjT -* 00 co' o o ©' © B a o cq -* lo CO 00 1- CO Oi CO Tj< o © © *"* rt t>-> f— ( ■^ 00 CO CO '*< Jt- o o © © rt 0i- cf ci co" co'in'cT co'in" in in" W3 ^ c Tji 00 -^ in !■- i-i C5 X- 00 00 Oi rH ■* X- Ci © CO Tl< 00 CJ C3 03 CO OP 1- Tj< -# -* c 00 ±- J:^ CO CO CO ^ X- O CO Ci © ^ O-.. 00 -^1 X- in CO to ^ !M 00 CO m c -* 1~- Cl CD a> CO o i-l 00 CO O Ci OC O CD in rH CO c^i 00 0) 02 a> 00 CO o CN CO OT 00 in 1- CO in o o-^ CO © Cl © X— Tl- © CO CO X- Tjl t; 0) 3 c3 O 3 c^Tirfco"— TiT "^CD Ci~t ■*'"o"co' oTo^x-' ©~cD~orin'otrcD~in~cicrcr to i-H jc- 00 ir3 c<- CO i:- CO CO CO C5 Tj< in -1 '^ -* in CO CO rH Cl Cl in cf C<« a t-> O b-. Ol r-l 00 Cl_ •*__ t_^cv:^-H^ in 00 o CO CO 00 m in in in X- o o 3 o 3 i "5 "3 »-5 1-5 < _ CO CUcj C4 1 "4 r}< I:- .— 00 OC "Ti c: CO in 00 CO 00 Cl o CD "in in rj- ^ rH Tn X- © 1* rH CO O i-H <0 in IT CO r- in CI o CO 00 -* o X- rH rH Ci Tf X- Ti> X- CO cc o> a 1~ OO i-l O C 05 Cq t- CO Cl CO ■* oo in 00 CO X- rH CO in CO rH CO or lO 2 in 3 CX3 o d in c O C-1 f- Cl I- n- -t- Tf 00 O rH Tf CO CO Cl rH CO 00 Cq CO ■<3< co^in_^in_c CO CO i:- CO X- C3 00 CO CO CO co-^x-^cox-cocoun o o~i--"io"c6"cc "co CO^OO Tf" otfcrco" co'co' co' icf-^'oToo'oc' 00 r- CO ir ,_« o CO CO Tj< CO c oc ■-■ in CI Oi 00 o 00 X- oc © © cc 00 1- © Tf rH © 00 a C5 CD 00 cc^c- in CO C3 CI Ci CO 00 co .-• CO © © in o 00 © CO t- CO CO c^T-^^icTciTr- " o6~ co" oo' co' in'r-^'co~ co"t-^ o' in^co^x-^crTx-^ cT co~ oT co" eo" p CO CO rH Cl CO eO rH CJ CO ^^rlr-. ~~~ ~" in CO i- 00 o 5 O .-H C<1 "m ■-f in CO X- 00 "oT © rH d CO ^ in © X- 00 Oi o o o o c Cl Cl C^I Cl CO CO CO CO Cl eo 00 00 00 00 ot : CO 00 X oc 00 00 00 00 00 00 00 00 00 00 OC' 00 00 00 oo 00 e CO t o >* to Q o E- " RECEIPTS AND EXPENDITURES. 395 O 00 cii-irfi-ooofoooinoooc^ii-H oo-i^tDcorocoo'jcoi^Oi— loocio t-T oT~ otT lo" irT ■*" ciT r-^ cT (xT e-r cT c-r cT O r- O CD lO ■-! (M 03 ci-j .-I -i" Oi CO c-i 00 Tt< 00 ^ o -t ts « -t- -f O -!>- f— ■ I~ m CO •^ t- lO CO ■000-:t--fr— lirjlOCOCO lOlr-OOCOC^I'-H-^i— -^OOOO^^ r cT cD~ co~ oT f-T c^f oT co" c-f od~ ^ oT oo" co!Mco.-ioocO"r-ooo-fo^fO ■'*oocoooooioi-i^-r-ia5coC'-5 OO Tf lO ^1 lO CO ir- 00 >r; lO in CO r-i ^H 00 -f Oi in i-icoc CO CO CO CO rH c-1 Ci O CO J!- i- I— -t- CO — ' i-l c-1 eo in in ±— i>- 00 c-j CO a> 00 Jr- 00 i- O 1— mir-j-ooc5c-ic-iin 'i* 00 c-1 05 •"-! CO c-1 in in -*ic-icox-ooaiOTi-CiC0C0Cjini:-CI5O OC-ICOCOOOOOCO^ ■*-^-tcoco-t-co--ii-< c-icicae-1 m o 00 Oi o c-5 i=^ CO 00 • _ oo <^ mS »— 1 •— 1 1 — s (51 O" o! Ol ■-: C-1 -f I CO i-i 2 .-1 is I ^ --i *-l c<> M CO CO 00 00 00 ■^incoi— oooio— ic-ico-^incoj— COCOCOCOCOCO-*^-li^r*lTjlT*-rt( oooooooooooocooocoool i I rHi-lrtr-lr-li-lrHi-lrHrHCO^inCO O^OO CO 00 00 O-j O ^ CI CO ^ in lo in o 00 CO 00 00 00 396 THE TARIFF. No. 10. — Abstract. The following articles, used in the manufactures and arts, or medicinally, and now paving duties from 5 to 40 per cent., (as stated in No. 11,) are recommended by the Secretary for free admission : Acids, boracic, citric, tartaric; alum; amber; ambergris; angora, or thibet. and other goat's hair or mohair ; annato, rocou, or Orleans ; animal carbon, (bone black ;) antimony, crude, or regulus of; argol, or crude tartar; arsenic; asphaltum; barks; barytes, sulphate, (ground ;) barilla, or soda ash; bells, old and bell met- al, none; berries, nuts, and vegetables; berries, flowers, and barks ; bismuth, (un- der ores ;) bleaching powder; blue or Roman vitriol, or sulphate of copper; borax ; brass, in liars, pigs, plates, or sheets ; brass, when old and fit only to be re- manufactured ; Brazil wood, Brazilletto, and all other dyewoods in sticks ; brecia, f none ,) brimstone, unrefined or in rolls ; bristles ; bronze liquor, (none ;) bronze pow- aer; burr-stones ; cadmium, (none ;) calamine ; cameos and mosaics, not set ; cassia buds ; chalk ; clay, wrought or unwrought; cobalt; cochineal ; cocoa and cocoa shells; codilla, or tow of hemp or flax ; copper, in pigs, bars, plates, or sheets; copper, when old and fit only to be remanufactured ; copper for sheathing ves- sels, (free in part;) copper, or green vitriol, or sulphate of iron ; cork-tree bark; cream of tartar ; cudbear, vegetable ; chromate, bichromate, hydriodate, and prus- siate of potash; diamonds, gems, pearls, rubies, and other precious stones and imitations thereof, set and not set ; dragon's blood ; emery in lump, not pulver- ized ; extract of indigo ; extract and decoctions of logwood and other dyewoods ; extract of madder; flaxseed; flints; fuller's earth; furs, dressed or undressed, when on the skin; furs, hatters', dressed or undressed, not on the skin; gamboge; gold-beater's skin ; gums : arable, 10 per cent. — Barbary, none — East India, none— Jedda, 10 per cent. — Senegal, 10 per cent.-^substitute, 10 per cent. — tragacanth, 10 per cent. ; gutta percha, unmanufactured ; hair of all kinds, uncleaned and un- manufactured ; horus, horn-tips, bones, bone-tips, and teeth, unmanufactured ; India rubber, in bottles, slabs, or sheets, unmanufactured ; India rubber, milk of, (none;) indigo; iridium; ivory, unmanufactured ; ivory nuts, or vegetable ivory; kelp; kermes ; lac-dye; lac-spirits; lastings for shoes, slippers, boots, and buttons, exclusively; lemon juice; lime juice; linseed ; madder, ground, and madder root; manganese; manufactures of mohair cloth, silk, twist, or other manufactures of cloth suitable for the manufacture of shoes, boots, bootees, or buttons, exclusive- ly; marble, in the rough slab or block, unmanufactured; marine coral, unmanu- factured ; moss and other vegetable substances used for mattresses ; natron, (none;) nickel ; nutgalls ; ochres and ochrey earths, whether dry or in oil ; medicinal roots, leaves, gums, and resins, in a crude state; paving stones and tiles, roofing tiles, and bricks; oils, palm, cocoanut, and olive; olive when pure and not other- - wise; orpiment (and realgar) — arsenic; osier, or willow, prepared or unprepared; palm-leaf, unmanufactured ; pearls, set and not set, and mother of pearl ; pewter, when old and fit only to be remanufactured; plumbago, or graphite; polishing stones ; pumice and pumice stones ; patent mordant ; quicksilver ; rags, of whatever material; ratans and reeds, unmanufactured; rottenstone; red and white lead, and litharage and sugar of lead; safflower ; saffron and saffron cake; sal amomo- nia; saltpetre, or nitrate of soda or potash, refined, or crude; seedlac; shellac; silk, raw not more advanced in mauufivcture than singles, tram, or organzine ; skins and hides, raw of all kinds, whether dried, salted, or pickled; smalts; sheathing metal ; sheathing paper ;. seeds of all kinds ; slates and slate pencils ; sponges ; steel in bars, cast, shear, or German ; substances expressly used for manures; sumac; tallow, marrow, and all other grease, and soap stocks and soap stuffs ; terne tin plates ; terra japonica, or catechu ; tin foil ; tin in jil.ates or sheets ; tin plates, galvanized ; tin in pigs, bars, or blocks ; tortoise and other shells, un- manufactured ; turmeric ; type metals, and old types fit only to be manufactured ; watch materials of all kinds ; waste or shoddy ; weld ; whiting, or Paris white ; woad, or pastel; woods, namely, cedar, lignumvitw, ebony, box, granadilla, ma- hogany, rosewood, satinwood, and all cabinet woods ; wool, costing less than ten cents per pound ; zinc, spelter, or teuteneque, in sheets or pigs. As articles of general tise and consumption. — Anchovies; animals, living; books, magazines, pamphlets, periodicals, and illustrated newspapers, bound or un- bound, being editions printed prior to the year 1830; coffee, from whatever coun- try imported ; earthen and stone ware : engravings and etchings or plates, bound THE TARIFF. 397 or unbound ; fruit, green, ripe, dried, preserved or pickled ; green turtle ; pearl or hulled barley ; marble, manufactures of; music and music paper, with lines, bound or unbound ; salt of all kinds ; spices of all kinds ; tea, from whatever country imported ; watches ; wines of all kinds ; sardines j sago ; tapioca ; vanilla beans. Articles viewed in the light of machinery. — Bolting cloths; burr-stones, wrought orunwrought; chronometers, box or ships', and parts thereof; diamonds, gla- ziers', set or not set; machinery exclusively designed and expressly imported for the manufacture of flax and linen goods ; maps and charts. Principally as medicine. — Aloes ; alcornoque ; aniseed ; arrow-root ; asafoetida • bitter apples; boucha leaves; burgundy pitch; calomel and other mercurial pre- parations; camphor, crude ; cantharides ; castorum; cubebs ; ginger, green, ripe, dried, preserved, or pickled ; ipecacuanha ; iris or oris root ; jalap ; liquorice root ; nux vomica; opium; orange and lemon peel; rhubard; salts, epsom, glauber, rochelle ; sarsaparilla ; spunk ; squills. [The above articles are admitted into England, by the tariff of 1853, free of duty, with the following exceptions : Cocoa and cocoa-shells, subject to a duty of ^percent; lastings lor shoes, &c. 5 per cent, ad valorem; manuflictures of mohair cloth, silk, twist, or other cloth suitable for the manufacture of shoes, boots, bootees, or buttons, exclusively — of silk, 15 per cent., others 5 per cent.; slates and slate pencils, 10s. per ton ; tallow, marrow, and other soap stuffs. Is. 6d. the cwt. ; terne tin plates, 10s. the cwt. ; tin foil, tin in plates, 10s. tlie cwt. ; coffee, 3d. per lb. ; earthen and stone ware, lOd. per cwt. ; engravings, 3d. per lb. ; fruit, various low duties ; barley, 4jd. per cwt. ; watches, from 2s. 6d. to £1 each ; wines, from 2s. 9d. to 5s. 6d. per gall. ; machinery, for flax and linen goods, 2s. 6d. per cwt. ; arrow root, 4Ad. per cwt; ginger, \\A. and 2d. per lb., 5s and lOs. per cwt.; liquorice root, 5s. per cwt.; nux vomica, 2s. per cwt.; opium, Is. per lb.] No. II. Ccmiparative statement of the worldng of the present tariff, the project of the Secretary of the Treasury, and of the hill of the Committee of Ways and 3Ieans,for the year ending June 30, 1853, and the annual average for the six years ending ai that date, with the per centage of each article. ABSTRACT. Table I. — The proposed Tariffs make no change in the articles enumerated in this table. Table II. — The articles denoted by an asterisk in the second table, the secretary proposes to admit free. On all other articles in this table he contemplates an uniform duty of 25 per cent. The committee bill proposes an uniform duty of 20 per cent, on the same articles, except in regard to bolting cloths, which it pro- poses to admit free. Table III. — The articles denoted by an asterisk in this table, the secretary pro- poses to admit free; as also liquorice root, steel in bars, cast, shear and German; and wool unmanufactured under 1(5 and above 50 cents. On the latter article he estimates a duty for 1853, at $-11*7,429 50 ; and the annual average of six years at $316,G01 83. On all other articles in this table the secretary's project contemplates an uniform duty of 25 per cent, and the committee's bill an uniform duty of 15 per cent. Table IV. — The secretary proposes to admit all the articles in this table free, excepting those marked by a cross, on which he proposes a duty of 25 per cent The committee's bill contemplates an uniform duty of 10 per cent. Table V. — The secretary contemplates the admission of all the articles in this table free ; the committee's bill an uniform duty of 5 per cent 398 COMPARATR^E TARIFFS. EXISTING TARIFF. TABLE L Articles. Rate One Year. Average per ct. of six years. Brandy, and other spirits distilled from grain or other materials 100 $3,'782,54'7 00 $2,509,386 00 Cordials, absjnthe, arrack, curacoa, kir- chenwasser, liquors, maraschino, ratifia, and all other spirituous beverages of a similar character 100 45,251 00 32,653 00 3,827,798 00 2,542,039 00 TABLE IL Alabaster and spar ornaments 40 Ale, beer, and porter, in casks or bottles.... 30 109,647 60 65,762 03 *Almonds 40 121,981 60 77,192 26 *Anchovics, preserved in pickle, salt, or oil ; sardines, and all other fish preserved in oil 40 57,042 87 Argentine, albata, or German silver, man- ufactured or unmanufactured 30 Articles embroidered with gold, silver, or other metal 30 Asses' skins 30 Balsams, cosmetics, essences, extracts, pastes, perfumes, and tinctures, used either for the toilet or for medicinal purposes.. 30 i<».«.. •••.......•.......> Baskets, and all other articles, composed of grass, ozier, palm-leaf, straw, whalebone or willow, not otherwise provided for.... 30 «•..• Bay rum 30 Beads of amber, composition, or wax, and all other beads 30 Benzoates 30 Bologna sausages 30 Bracelets, braids, chains, curls, or ringlets, composed of hair, or of which hair is a component part 30 Braces, suspenders, webbing, or other fabrics composed wholly or in part of India rub- ber, not otherwise provided for 30 Brooms and brushes of all kinds 30 59,934 00 44,939 35 Buttons and button-moulds of all kinds.... 25 190,598 50 129,598 54 Cameos, real and imitation, and mosaics, real and imitation, when set in gold, sil- ver, or other metal 30 See diamonds. Camphor refined 40 126 40 185 06 Canes and sticks for walking, finished or unfinished 30 Capers, pickles, and sauces of all kinds, not otherwise provided for SO Caps, hats, muffs, and tippets, of fur, and all other manufactures of fur, or of which fur shall be a component material 30 4,239 60 5,663 34 Card-cases, pocket-books, shell boxes, souve- nirs, purses, reticules, and all articles worn or carried on the person as orna- ments, of whatever material composed... 30 Carriages and parts of carriages 30 COMPARATIVE TARIFFS. 399 Articles. Rate per ct. f 30 *Cassia and cinnamon < .„ Cayenne pepper 30 Cheese 30 *Cbina, earthen, and stoneware, and all other wares composed of earthy and mineral substances, not otherwise provi- ded for 30 Clocks and parts of clocks 30 Clothing:, ready made, and wearing appa- rel of every description, of whatever ma- terial composed, and all other articles worn or carried on the person, made up or manufactured, wholly or in part, either by the tailor, seamstress, or man- ufacturer, not otherwise expressly enu- . merated and provided for 30 *Cloves 40 Coach and harness furniture of all kinds... 30 Coal 30 Coke and culm of coal 30 Combs of all kinds 30 Comfits, sweetmeats, or fruit preserved in sugar, brandy, alcohol, or other spirits, molasses, or in their own juice, and" con- fectionary of all kinds 40 Composition tops for tables, or other arti- cles of furniture 40 ^Compositions of glass or paste, when set.. 30 Coral, cut or manufactured 30 Corks 30 Court-plaister 30 Crayons of all kinds 30 *Currants 40 Cutlery of all kinds 30 «Dates 40 Diamonds, gems, pearls, rubies, and other precious stones, and imitations of pre- cious stones, when set in gold, silver, or other metal, and all manufactures of agate, cornelian, or other precious stones, and all articles of jewelry, real or imita- tion, including gold and silver buttons.. 30 Dolls and toys, of all kinds 30 Epaulettes, galloons, laces, knots, stars, tas- sels, tresses, and wings, of gold, silver, or other metal 30 Fans and fire-screens, of every description, of whatever material composed 30 Feathers and flowers, artificial or ornamen- tal, and parts thereof, of whatever mate- rial composed 30 *Figs 40 Fire-crackers 30 Flats, braids, plaits, sparterre and willow squares, used for making hats or bonnets. 30 Floss silks, feather beds, feathers for beds, and downs of all kinds 25 Frames and sticks, for umbrellas and par- asols and sun-shades, finished or unfin- ished 30 One year. $3,025 50 "71,276 00 13.G42 50 21,158 40 952,165 20 24,627 60 692,140 50 19,134 00 147,003 00 4 80 53,496 30 16,357 20 610,511 40 5,916 80 164,303 60 10,043 40 49,885 20 Average of six years. $3,220 70 52,773 00 8,981 29 12,193 51 857,721 06 18,573 90 331,122 36 19,734 80 131,127 07 12 49 42,087 05 39,351 92 445,508 00 4,230 52 88,796 61 7,372 50 42,752 00 2,514 00 5,687 49 400 COMPARATIVE TARIFFS. Articles. *Ginger root, dried or green Ginger, ground Glass, cut Glass crystals for watches Glasses or pebbles for spectacles Glass, paintings on Glass, porcelain, colored, stained, or paintfid *Gum Benzoin, or Benjamin Hair-cloths, hair-seating, and all other manufactures of hair* not otherwise pro- vided for Hair pencils Hat bodies, of cotton Hats and bonnets, composed of straw, satin- straw, chip, grass, palm-leaf, willow, or any other vegetable substance, or of hair, whalebone, or other material not other- wise provided for Hemp, unmanufactured Honey Human hair, cleaned or prepared for use... Ink and ink powder Iron in bars, blooms, bolts, loops, pigs, rods, slabs, or other form, not otherwise provided for Iron, castings of. Iron, galvanized, in sheets or plates Iron, old or scrap Iron, vessels of. Japanned ware of all kinds, not otherwise provided for Jet and manufactures of jet, and imita- tions thereof. Jute, sisal grass, coir, and other vegetable substances, unmanufactured, not other- wise provided for Lead pencils Maccaroni, vermicelli, gelatine, jellies, and all similar preparations Mace. Manufactures of the bark of the cork tree.. Manufactures of bone, shell, horn, pearl, ivory, or vegetable ivory Manufactures, articles, vessels, and wares of brass, copper, gold, iron, lead, pewter, platina, silver, steel, and tin, or other metal, or of which either of those metals or any other metal shall be a component material, not otherwise provided for Manufactures of cedar wood, granadilla, ebony, mahogany, rosewood, and satin- wood Manufactures and articles of cotton, flax, hemp, grass, goats' or other hair, mohair, silk, wool, or worsted, or of either of these articles combined, or of which either of these articles shall be a component material, not otherwise enumerated and provided for.** Rate One year. Average of perct SIX years. 40 $24,065 20 $23,307 32 30 215 00 5,675 11 40 30,713 20 24,337 66 30 11,426 40 6,564 84 30 1,651 20 1,902 91 30 473 70 2,231 14 30 25 70,080 75 63,060 04 30 20 11,210 80 8,423 45 30 491,744 40 426,485 40 25 30 30 30 30 397,947 75 98,736 60 176,723 46 97,185 63 30 30 30 30 30 5,739,380 10 26,793 00 43,517 70 3,296,724 15 14,534 64 40,291 09 30 17,518 80 17,014 85 30 25 30 24,635 25 19,666 20 58,686 12 13,524 39 30 40 30 437 60 45 00 5,512 40 92 64 30 30 1,786,557 65 1,503,669 81 40 22,531 20 20 2,451,987 80 25 15,455,028 75 30 5,226,312 60 20,159 00 1,969,819 35 11,000,118 13 3,678,769 25 ** Both thf; Secretary's project and tlie committee's bill propose the admission of bolting cloths free. COMPARATIVE TARIFFS. 401 Articles. Rate per ct. One year. Manufactures of cotton, linen, -silk, wool, ■worsted, or any other material embroi- dered or tambored, either by hand or in the loom, or by machinery or any other process 30 $1,364,065 80 Manufactures, articles, vessels, and wares of glass, or of which glass shall be a component material, not otherwise pro- vided for 30 131, en 40 Manufactures and articles of leather, or of which leather shall be a component part, not otherwise provided for 30 524,174 10 ♦Manufactures and articles of marble, mar- ble paving tiles, and all other marble more advanced in manufacture than in slabs or blocks in the rough 30 36,364 20 Manufactures of paper, or of which paper is a corajjonent material, not otherwise provided for 30 35,923 80 Manuf^ictures, articles, and wares of papier mache 30 13,086 60 Manufactures of wood, or of which wood is a component part, not otherwise pro- vided for 30 126,745 50 Matting, Chinese and other floor matting and mats made of flags, jute, or grass.... 25 59,349 25 Medical preparations, not otherwise provi- ded for 30 Metallic pens 30 32,574 60 Mineral waters 30 Molasses 30 1,105,466 40 Musical instruments of all kinds, and strings for musical instruments, of whip- gut, or cat-gut, and all other strings of tJie same material 20 Muskets, rifles, and other fire-arms 30 148,904 10 *Nutmegs 40 35,223 60 ^Nuts, not otherwise provided for 30 43,458 30 *Ochres and ochrey earths, used in the composition of painters' colors, whether dry or ground in oil 30 10,157 40 Oil-cloth of every description, of whatever material composed 30 12,711 90 Oils, volatile, essential or expressed, not otherwise provided for 30 Olive oil in casks, salad oil, and all other olive oil, not otherwise provided for 30 Olives 30 Paper — antiquarian, demy, drawing, ele- phant, foolscap, imperial, letter, and all other paper, not o\herwise provided for. 30 80,452 05 Paper boxes, and all other fancy boxes 30 7,996 20 Paper envelopes 30 Parasols and sun-shades 30 See umbrellas. Parchmeut 30 *Pepper 30 54,508 20 •s-Pimento 30 74,004 40 Plate glass, whether silvered or otherwise. 30 196,619 70 Plated and gilt ware of all kinds 30 107,368 50 Plaving cards 30 2,999 40 »Prums and prunes 40 45,507 60 51 Average of six years. $874,300 84 102,458 86 400,174 31 12,087 84 27,980 55 15,145 25 89,807 60 42,497 11 23,806 80 1,004,582 89 122,842 54 89,128 80 33,308 85 7,480 85 10,109 70 68.373 81 13,878 20 41,968 90 46,441 69 163,827 60 84,704 43 2,880 24 25 989 20 402 COMPARATIVE TARIFFS. Articles. Rate per ct. *Potatoes 30 Prepared vegetables, meats, poultry, and game, sealed or enclosed in cans or other- wise , 40 *Raisins 40 Red chalk pencils 30 *Roofing slates, and slates other than roof- ing slates 25 Saddlery of all kinds, not otherwise pro- vided for 30 Salmon preserved 20 Scagliola tops for tables, or other articles of furniture 40 Sealing-wax 30 Segars, snuff, paper segars, and all other manufactures of tobacco 40 Sewing-silk, in the gum or purified 30 Shoes composed wholly of India rubber.... 30 Side-arms of every description 30 Silk twist, and twist composed of silk and mohair 30 Silver-plated metal, in sheets or other form. 30 Soap — Castile, perfumed, Windsor, and all other kinds 30 Sugar of all kinds 1 „„ Syrup of sugar j *Tobacco, unmanufactured 30 Umbrellas, parasols, and sun-shades 30 Vellum 30 Vinegar ,..,. 30 Wafurs 30 Water-colors 30 * Wines : Burgundy, champagne, claret, Ma- deira, port, sherry, and all other wines and imitations of wines 30 One year. $27,861 00 TABLE III. * Ambergris 20 ® Arrow-root 20 Bacon and hams 20 Barley 20 Beef and pork 20 Beeswax 20 *Berrie3, vegetables, flowers, and barks,... \ 20 not otherwise provided for / 15 Blank books, bound or unbound 20 Boards, planks, staves, laths, scantling, spars, hewn and sawed timber, and tim- ber to be used in building wharves 20 *Borax or tincal 25 Burlaps, unbleached and uncolored 20 *Bronzo liquor 20 *Bronze powder 30 *Burgundy pitch 25 Butter 20 Cables and cordage, tarred or untarred 25 *Calomel, and other mercurial preparations 25 *CamDhor. crude 25 Average ot six years. $19,516 05 358,413 60 307,045 00 27,338 00 66,367 20 18,868 20 38,359 79 54,414 80 17,472 00 1,327,774 00 875,110 86 3,870 30 482 10 10,632 00 1,106 10 6,938 10 2,839 08 24,127 20 21,672 80 4,497,890 90 3,432,359 30 256,740 90 17,510 70 148,182 25 12,649 56 2,092 50 1,910 44 888,340 20 680,704 17 47,022,357 65 33,817,216 24 8 20 2,736 20 1,491 00 7,952 80 5,353 20 49,538 40 3,395 00 34,263 25 See osnaburgs. None. 48 25 66,065 20 30,415 00 4,202 75 3,585 25 1,622 89 5,511 17 2,397 21 1,771 4& None. 18,001 86 49,340 61 7,530 26 COMPARATIVE TARIFFS. 403 Articles. Caps, gloves, leggins, mits, socks, stockings, wove shirts, and drawers, made on frames, composed wholly of cotton, worn by men, women, or children *Cedar wood, ebony, granadilla, mahoga- ny, rosewood, and satinwood, unmanu- factured Chocolate Chromateof lead *Chromate, bichromate, hydriodate, and prussiate of potash Cobalt Coculus Indicus Copperas, or green vitsol, or sulphate of iron Copper rods, bolts, nails, and spikes Copper bottoms Copper in sheets or plates, called braziers' copper, and other sheets of copper not otherwise provided for *Cotton bagging Diamonds, glaziers', set or not set Felspar Fig blue Fish, foreign, whether fresh, smoked, salted, dried, or pickled, not otherwise provided for Fish glue, or isinglass Fish skins ^Flaxseed Flax unmanufactured Flour of sulphur Frankfort black French chalk Fulminates, or fulnunating power *Furs dressed on the skin Glue *Green turtle Gunny cloth and gunny bags Gunpowder Hams Hats of wool , Hat bodies made of wool, or of which wool shall be a component material Hempseed or linseed and rapeseed oil, and all other oils used in painting Indian corn and corn meal *Iris, or orris root..., Iron liquor *Ivory, or bone-black Juniper berries *Lac spirits Lac sulphur Lamp-black Lard Leather, tanned, bend or sole Leather, upper, of all kinds Lead in pigs, bars, or sheets Leaden pipes Leaden shot *Liquorice paste, juice, or root late One year. Average of er ct. SIX years. 20 $600,526 20 $358,756 40 20 92,563 60 75,604 83 20 442 00 257 63 20 20 20 2T9 80 20 20 327 00 730 40 20 6 00 8,114 75 20 2,844 00 2,291 35 20 None. 305 73 20 2,820 20 18,580 00 15 113 to 170 80 20 20 20 158,502 66 125,162 44 20 20 20 126,679 00 82,198 53 20 20,352 60 21,156 50 20 20 20 20 20 18,470 20 14,490 98 20 2,190 40 3.139 25 20 305 60 20 167,822 80 123,948 33 20 538 00 363 03 20 30 20 20 237,964 40 194,352 60 20 None. None. 20 89 20 20 20 57 40 216 67 20 20 None. None. 20 20 20 189 20 250 85 20 0,653 40 4,325 89 20 309,013 20 186,407 89 20 323,611 60 189,774 80 20 24 00 34 60 20 None. 373 91 20 48,012 20 42,739 47 35,804 20 20,522 97 54,024 20 11,539 06 16,003 CO 15,899 93 25,165 00 34 00 19,624 76 529 37 404 COMPARATIVE TARIFFS. Articles. Rate Qne year. Average of per ct. six years. Litharge 20 $87 20 $54 65 Malt 20 -Marble in the rough, slab, or block, un- manufactured 20 35,398 00 23,749 96 ^-Marine coral, unmanufactured 20 Metals, Dutch and bronze, in leaf. 20 Metals, unmanufactured, not otherwise pro- vided for 20 ^'Mineral and bituminous substances in a crude state, not otherwise provided for... 20 Needles of all kinds, for sewing, darning, knittina:, or otherwise 20 Nitrate of lead , 20 Oats and oatmeal 20 Oils, neatsfoot, and other animal oil, sper- maceti, whale, and otlier fish oil, the pro- duce of foreign fisheries 20 Osnaburgs, unbleached and uncolored, ticklenburgs and burlaps 20 Paints, dry or ground in oil, not otherwise provided for 20 Paper-hangings, and paper for screens or fire-boards 20 *Pearl or hulled barley 20 Periodicals, and other works in course of printing and republication in the United States 20 719 40 376 29 Pitch 20 Plaster of Paris, when ground 20 Pork. (See beef.) 20 Potassium 20 Prussian blue 20 Putty 20 Quills 20 Red chalk 20 Rice or paddy 20 ■■■Roll brimstone 20 Roman cement 20 Rye .and rye flour 20 36500 1,55169 Saddler}^, common, tinned, or jappanned... 30 31,452 00 22,487 49 ■*Sago 20 4,409 40 Sal soda ; and all cai'bonates of soda, by whatever name designated, not otherwise provided for 20 *Silk, advanced in manufacture, but not further than singles, tram, and organzine, in the gum, not otherwise provided for.. 15 ••■Skins, tanned and dressed, of all kinds, not otherwise provided for 20 *Skins of all kinds, not otherwise provided for , 20 •■■'Slate pencils 20 Spermaceti candles and tapers. (See wax candles.) 20 ■"■Sponges 20 10,117 20 *Spunk 20 6 00 Starch 20 G,038 40 1,408 16 .-^tearine candles and tapers 20 882 80 772 28 *Steel, in bars, cast, shear or German, and in "I 15 351,58170 203,024 52 plates, sheets or otherwise J 20 125,287 00 65,557 73 Stereotype plates 20 COMPARATIVE TARIFFS. 405 Articles. Rate per ct. Still bottoms. — (See copper bottom.) 20 *Sulphate of barytas, crude or refined 20 Tallow candles 20 *Tapioca 20 Tar 20 Ticklenburgs. — (See osnaburgs.) 20 *Type metal 1 20 *Types, new or old J *Vanilla beans 20 Verdigris 20 Velvet in the piece, composed wholly of cotton 20 Vermillion 20 Wax candles and tapers, and spermaceti ditto 20 Whalebone, the produce of foreign fisheries. 20 Wheat, and wheat flour 20 White and red lead 20 Whiting or Paris white 20 White vitrol or sulphate of zinc 20 Window glass of every description, inclu- ding broad, crown, cylinder, sheet, or rough glass, and not otherwise provided for 20 *Wood, unmanufactured, not otherwise provided for, and firewood .^0 Wool, unmanufactured 30 Woollen listings 20 One year. ^2,883 40 603 40 1,230 00 1,355 20 396 60 61,117 80 96,546 60 123,769 80 800,915 40 Average of six years. $2,176 30 112 30 39,173 13 1,240 80 925 87 139 20 60 13 339,310 20 257,229 55 13,811 60 7,624 69 1,246 00 2,242 21 57,341 00 79,294 82 607,482 90 4,499,383 36 2,980,243 86 TABLE IV. Acids — acetic, benzoic, boracic, chromic, citric, muriatic, white and yellow, nitric, oxalic, pyroligneous, and tartaric, and all other acids of every description, used for chemical or medicinal purposes, or for manufacturing, or in the fine arts, not otherwise provided for 20 Aloes 20 Alum 20 Amber 20 Angora, Thibet, and other goats' hair or mohair, unmanufactured 20 Aniseed 20 Animal carbon 20 Antimony, crude and regulus of. 20 Arsenic 15 Articles, not in a crude state, used in dye- ing or tanning, not otherwise provided for 20 Asafoetida 20 Bark, quilla 15 Bismuth 20 Bitter apples 20 Blue or Roman vitriol or sulphate of copper 20 Boucho leaves 20 Brazil paste. — (See diamonds.) 15 Breccia 20 1,071 00 1,141 20 None. 1,310 02 1,777 60 1,719 20 None. 4,561 00 4,697 10 1,401 16 165 20 1,002 40 268 60 1,174 60 None. None. 1,547 92 406 comparatrt; tariffs. Articles. Rate per ct. Brimstone, crude, in bulk 20 Bromine 20 Cadmium 20 Calamine 20 Cameos and mosaics, and imitations there- of, not set 10 Cantharides 20 tCarbonatc of ammonia 20 Cassia buds 20 fCastor oil 25 Castorum 20 Chronometers, box or ships, and parts thereof 10 Codilla, or tow of hem or flax 15 Compositions of glass or paste, not set. — (See diamonds, &c.) 10 Cork tree bark, unmanufactured 15 Cream of tartar 20 Cubebs 20 Diamonds, gems, pearls, rubies, and other precious stones and imitations thereof, when not set 10 Dragon's blood 15 Dried pulp 20 Emery 20 Engravings or plates, bound or unbound.. 10 fEther 20 Extract of indigo 20 Extracts and decoctions of logwood and other dye-woods, not otherwise provided for 20 Extract of madder 20 Furs, hatters', dressed or undressed, not on the skin 10 Furs, undressed, when on the skin 10 Gamboge 20 fGold and silver leaf. 15 Gutta percha 20 Hair, curled, moss, seaweed, and all other vegetable substances used for beds or mattresses 20 Hair of all kinds, uncleaned and unmanu- factured 10 Hempseed, linseed, and rapeseed 10 India rubber in bottles, slabs, or sheets, unmanufactured, and the milk of India rubber 10 flodine 20 Ipecacuanha 20 Iridium 20 Jalap 20 Manganese 20 Manna 20 Medicinal drugs, roots, barks, and leaves, in a crude state, not otherwise provided for. 20 Mineral kermes 15 Music and music paper, with lines, bound or unbound 10 Opium 20 Osier or willow prepared for basket ma- ker's use 20 One year. $9,349 60 Average of six years. None. 45 60 See diamonds, &c. 2,023 80 301 80 8,056 00 47 20 $2,872 17 2,210 00 2,539 65 1,710 70 6,474 13 2,069 70 79,056 00 1,455 80 2,292 52 6,223 90 63 60 None. 5,917 20 10,743 00 8,832 55 1,236 60 118 00 997 80 • 106,430 00 56,273 70 121 20 561 90 583 40 66,848 61 28,501 33 279 16 33,045 10 63,023 50 1,887 80 None. 1,219 00 68 00 665 60 None. 2,424 50 69,328 60 6,154 60 40,078 41 1,600 40 373 40 3,511 60 1,404 20 12,666 00 None. 657 60 2 66 4 60 124 00 7,040 80 40,654 80 706,482 60 3,536 40 4 00 4,689 82 11,247 00 437,420 80 3,010 36 COMPARATIVE TARIFFS. 407 Articles. Rate One year. Average per ct. of six years. Patent mordant 20 None. Pavincc stones... ... I 20 $126 00 Paving and rooting tiles and bricks j fPhosphate of ammonia 20 Plumbago 20 Quicksilver 20 3,491 80 9,362 00 Rags, woolen and worsted. (Raised to 10 per cent) 5 Rhubarb 20 Sattron and saifrou cake 20 Sitl ammoniac 10 Salts — Epsom, Glauber, Rochelle, and all other salts and preparations of salts, not otherwise provided for 20 Sarsaparilla 20 tSeppia 20 Sheathing paper 20 Smalts 20 fSpirits of ammonia 20 fSpirits of turpentine 20 Squills 20 fSugar of lead 20 tSulphate of quinine 20 Terne tin-plates 15 tTin foil 15 Tin, in plates or sheets. (See tin plates).. 30 Tin plates galvanized, not otherwise pro- vided for. (See tin, in plates or sheets). 30 Waste or shoddy. (Raised from 5 to 10 per cent.) 5 Watches and parts of watches \ ,„ Watch materials of all kinds J Zinc, spelter, and teuteneque, in sheets 15 TABLE V. Alcornoque 5 Annato, rancon, or Orleans 10 Argol, or crude tartar 5 Barilla 10 Bells, when old, or bell-metal fit only to be remanufactured 5 Bleaching powder, or chloride of lime 10 Books printed, magazines, pamphlets, pe- riodicals, and illustrated newspapers, bound or unbound, not otherwise provi- ded for 10 Brass in pigs or bars 5 Brass when old, and fit only to be reman- ufactured Bristles 5 Building-stones 10 Chalk, not otherwise provided for 10 114 80 5 Clay, unwrought 10 2,876 80 20 Cochineal 10 41,561 30 Cocoa \ jQ 16,98100 11,243 08 Cocoa shells j 5,452 25 321,212 90 230,368 82 1,600,159 40 858,254 14 None. None. 2,375 30 9,019 80 16,166 80 14,598 86 71,962 40 .58,776 20 606 45 604 86 12,686 55 10,229 55 408 COMPARATIVE TARIFFS. Articles. Copper ia pigs or bars "j Copper when old, and fit only to be reman- >• utactured J Cudbear Flints Fuller's earth Gold-heaters' skins Granilla. (See cochineal.) Grindstones, wrought or unwrought Gum arable and gum Senegal GuraBarbary Gum copal Gum East India Gum Jedda Gum substitute, or burnt starch Gum tragac\anth Horns, horn-tips, bones, bone-tips, and teeth, unmanufactured Indigo Ivory unmanufactured Ivory nuts, or vegetable ivory Kelp Kermes Lac-dye Lemon and lime juice 10 Lime 10 Madder, ground 5 Madder root 5 Maps and charts, not otherwise provided for. 10 Natron 10 Nickel 5 Nutgalls 5 Nux vomica 10 Oils, palm, and cocoanut 10 Orpiment 10 Palm-leaf, unmanufactured 10 Pearl, mother of. 5 Pewter, when old and fit only to be reman- ufactured 5 Polishing stones 10 Pumice and pumice-stone 10 Rags, not otherwise provided for 5 Ralans and reeds, unmanufactured, not i>'^ otherwise provided for 10 Rotten-3tone 10 R;iw-hides and skins of all kinds, whether dried, salted, or pickled, not otherwise provided for 5 Safflowcr 5 Sal ammonia 10 Saltpetre, (or nit'te of soda or potash,) re- "I 5 fined, partially refined, or crude J 10 Seedlac 5 Shellac 5 Silk, raw, with or without the gum, im- ported in the condition in which it comes from the cocoon, not being doubled, twisted, or advanced in manufacture in any way 15 Soda ash 10 Sulphuric acid, or oil of vitriol 20 Rite One year. Average per ct. of six years 5 $76,464 75 $61,822 28 10 438 70 5 125 45 10 40 30 10 85 80 10 5 10 18,461 00 10 None. 20 10 None. 10 178 30 10 2,199 30 10 4,783 10 5 1,821 75 10 128,236 70 87,926 66 5 6,524 85 5 51 95 10 None. 5 None. 5 8,061 90 1,373 70 None. , 2,805 50 172 15 34 90 18 90 3,778 30 274 70 217 10 216 30 49,141 85 112 80 45,524 68 3,273 00 21 50 295,969 55 170 20 220,031 56 32,151 85 76 70 4 85 1,977 00 33,458 35 800 03 106,813 80 84,544 30 22 20 G5,359 80 70.162 12 18 27 COMPARATIVE TARIFFS. 409 Articles. Rate per ct. Sumac 5 Tallow, marrow, and all other grease and soap stocks and soap stuffs, not other- wise provided,for 10 Terra japonica, or catechu 20 Tin, in pigs, bars, or blocks 5 Tortoise and other shells, unmanufactured, not otherwise provided for. 5 Turmeric ; 5 Weld 5 Woad, or pastel „ 10 Zinc, spelter, or teuteneque, unmanufac-") 15 tured, not otherwise provided for j 5 One year. Average of six years. 9,838 90 12,143 20 2,909 92 134 20 36,211 65 25,576 33 155 10 None 209 90 210 26 56,415 50 1,122,691 85 109,965 05 RECAPITULATION. committee's bill. R;ite per ct. One year. 100 ; $3,82'7,'798 00 20 34,666,437 74 15 3,209,178 85 10 1,229,993 40 5 823,673 17 Total 43,757,081 16 Avt,'r;i..;c Ibr six years. $3,542,039 00 24,476,181 20 2,100,143 11 071,883 52 543,064 86 30,333,311 75 Rate per ct. 40. 30. 25. 20. 15. 10. 5. EXISTING TARIFF. One year. Average for sis years, _ $2,827,798 00 $3,542,039 00 - 54,244,592 26 38,365,679 29 Total 58,072,390 26 40,907,718 29 Rate per ct, 25 secretary's PROJECT. One year. $3,827,798 00 43,881,522 51 Total 47,709,320 51 Average for six years. $2,542,039 00 31,100,978 93 33,643,017 93 Note. — The revenue collected during the year ending June 30, 1853, as stated in the Report on the Finances, was $60,964,929 15, though a (small) part of that amount was derived from importations made previous to that period. The dif- ference between that sum and $58,072,390 26, the product of the existing tariff of preceding table for one year, is due to the amounts collected on many articles known as " non-enumerated," which are not given. The revenue collected on these articles does not enter into the calculations for the average of six years of either of the schemes, but the various rates of admission are given in all instances 52 410 EXPORTS. d S5 ^ oaoi~-ooio-*inir5<3i05000r-ijt-t-co5Di«cs-*0(Mo>'^rC-^CDOOr^r-■c^■*C>C~^0■5Ol>- fCOCOi-l>-irH i-HCqOi-lM ^ cT co~ oo~ p^ oT c*'*ei^ c^ cT ffT o~ cT cvT otT c^ ■<*'~ .-T i-T irT -^ o~ r-T r-T e^-H cooo»-ii-i»n-*co050coo-*inir5incDi-ii-iojt:-CTiio rtC^ IM r-COrMi-l «>!-('* 1-1 di-100 CO OOC^fOiM'— II— iC^lt-Ot-CDOOOSOOmmcOi— iJ^-C^COt-Ot- oo~ t^ cfte^Jr-05COCi-r-imi-lr-OC«J r-l a Qi CfllM COCOiHi-l rHO^CO cn'^c<>cDi~oo'^-t^coa5i— ovoi— coooj t-OOlr— -*TtiMC<10.t-COiM01>-iM— i'J3iM00 <£><£> r-< 1-1 j:-oi-i--jr-fOOi-i-*ooroc«5vOf2inin.— iro-*oocDooaooo— < ±-OOiOOCDC^i— OiO«OC5COCoico-*ooo3cDooimooi-iaD±~ooo5 »nooi;oir-oo5>Oi-i— if-MiOi-iJc-a)Ooorocr:oioooot-05t- r-" ■*" -h" j-^ oi" o~ oT (xT od~ irT ir^ oT ctT ^ <»" «~ i--" ctT c^" TjT ix" oo'~ cT Ti<~ ift" OC^ CD05IM «)05C->l^-l0r-iO>OTjJJ ;OCOIM l-lrHOJ,-! oc<^l^-1 >0 00 T^ CD >— 1 J O t^ r-l O CO 00 0> "* IM '£ M CO OT — i— 00 ^■5jf im" c~f O'T cT c-i^ -rlT COmTfc^OOl— (M.— li# r-l •^^Hooccoo'tooocoioooo OC3^f''5O^C^'i^^'3 0000Tl< i- tT 1— 1 0"j GV in Ci rl- O O"- o i-iOOOOCOOOOOCOiMO-i" CD i— t- i^- 00 >n CO cp Tji -^ d 00 lO Cj Oi cocirr— iioooooooort-3 CO ^ i-iCDOOOX-CD-^CO-^t-OOO CDX— CDO-^X^C^OiOTiOi^CD lOinc^coococoocooix-c-i CO'*Tt"X-051 1—1 CO C-^ i—l o in o CO CD CI 00 CD r-l O O O C-l Tf lO CD I- CO O •M o CD-^-^Cji— iiOCD'DO: oocooo CO O CO r-l 00 X- -r X— c-1 CO CO o 1-1 a-j lO X- ■* CD CD •* X— in 1 CD CD CI Tf ^ o Xr-x;-iCOC"rC5incocD-*r-iO jc-r-i>nocO'*<'*cococooo l-r-liOCDOin05CDi-iCT)X-00 X— 00 .—1 CO X- X— in OS CO CD CO C^l -* CO -^ C-1 01 -^ r-l 1* C5 00 rCiOOX-TfOOr-iTf.— ir-^CO X— Oi ■— 1 00 in Or X- t— in o CD c-1 Oiincoinr-i"*inoooc^ CD in Oi 1-1 1:- r-l CO •"to. ■* ooco-*coin--icocoo (MC00300inOi-lr-lC0 00 in 00 00 O CD 00 lO CO OJ inincD'f-^cooom'*!— 1 CO CD CO 00 CO X- C7> X— CO CV CD OOOOOOOOCOOmCOCD ■^cD'*ini-icox-ocox--q< X- CD Tf 00 -H c~l X~ CI CO 1-1 --I 00 CO CD O X- in CD X— CO CO 00 r-l CO CO ■* 00 to CO cDx-oooinooocDcot-co r-< COCOX— J^-lnt-r-l " co" io~ co" ^"^ co" o~ oo" cT ■*" CO TjicocDcoincj 1—11—1 O CO 00 CD d t— ^ X— CD -^ CD in in (K O C3 ^ 5 <^ s ^ ho O CO oi I aj O +;j tS r^T 03 P- 1 TO l' , :^ 1, -o 'So t*; 03 p- 3 3 03 03 "■j-^rrS-a rS C 13 'O n: B B w oS 03 13 t- 0) 13 %- =<- =4- Kn ^.f)'^ ? ^ S cj^^Q^m^^o^oCfl.SoS lj-a-=5 oS ferC 5 o OOi-i-tC^CDOOi— iC -* oOTti^CiOc-iosmcx o 3 o>ncDOoroiOTro5C£ '^^ o cT f6~ co" •-<" i>^ cT ■*" -"T 1-^ a oo" rtCOC^-*CDCJl:-C^llOi- CD ,— lOCDC^J^-i^-OOOOOC c^ ^irTcf itT^^t-^oTc^^c r co~ CO •* ■* O f^ e-j o ^ _ O r- -^ CD cr O CO -*< c^ 01 O o C-) o --I CO c^ a 'C a CO'r-T icT cT cs 5 ^ c^ CO m ^ in in d CO CO e in : ^ If co~ I co" £ O ^ o o o o o o ir in o o o o o o c o , i- 05 in 1~- CO 1:- C > 00 .5 J:- CO o CD c^i c •— 1 CO 05 ^•3 CD 00 CO 00 IX) CD C-T '^c^ficT co" -f !2;^ CO •^f <5 CO O Jr- 00 I:- ■* ■ o , o3 oci r- JT- J^- .-1 lo 00 Tt* CD O <-i 00 cs CO ^ S in~co~ci~,-r Tt< •*< lO . O O 1^ ffi. I:- CD 00 m O C3 05 CO O Ol CD di . '^ -*< '^l £- CO --I . m C a* iM^CD^CO^C^^ : m CO H m^ : OCDOiO^OOC-lC r- Ot-iJ— cc- Ci bO cocDcoomc<»coi- 1.0 CO c^ CO r- CO ic in m 3 O Ir- C^ C5 ■>}' C^ "* CO -f O i^ c-1 in t-H .-1 C^I 02 =S CO -^ in O ^/i' OOCD-^OOrfOOOOC o oococoooc<-j-t<-tr^ 1 n~ irT cr in ^.-^OOO-^ttCD-* — CD .-< lO CO >-< i-H CO O O^CDClr^ClCDOC ^ •— 1 g oooooociioc^ioc > CO ■fl o CI oo CO 0:' o CD c-1 1- 'hb jt-^ o6~ t-^ oT in~ cT co" c^r cr 5 O c^rtino^cDCDooiOr- i C^l *z^ Tj< »n i-H •* > 4© _r C 3 ^ 3 00 oo °° : "c J "t^ :u 2 "5 OJ Ph o o o • c ^ ^ -t<000000050-Hc^lCO- t< o c^i CO Tf Tf m »o in m If 5 a D a a. 3 OC 3 Ot 3 a 3 a 3 Ot 3 a 1 o c o c o o- CD IT o- OC CD 4,580,021 00 8,770,722 00 3,777,784 00 2.006.673 00 00 C-J 03 in ~co CD 00 CO 00 CO CO 00 c 00 CO co" CO ^ 00 03 i^- 00 03 C~l O O O O O O CO O O O O O O 00 -)< ^ r- !M •* CO CI 0-1 C'l CD 00 00 1- C2 ^ C-. ic CD 1- o in r-T 03" icT cn~ t-^ cD^ co~ ^fi CO 1- CO 1— CD 1- 1— 00 •^oo^cfrc-f CO 00 CO CO $61,903 6,717 4,002 3,560 1,040 01 CO i- J:- 02 •* 1— CD ^ CO CO i-^c 3<2 •z Number of accidents, of such a character as to come with- in the cognizance of the law, that have occurred since last report. T3 a c 3 'S .0 ;|. c = s >■ 3'S •a V B 1 '£. .Q S 3 B ■0 3 li 11 £.2 3 00 Z ■J. « ei > c « •c £ « - "=11 -£^ III 2=^ p v. iM c ^ i c 'at >- 3 ■g-a 3 3 2 S < 1 — Portland 8 26 19 112 2 """2 12 28 21 159 53 57 15 34 17 33 19 338 83 57 18 36 4,447 11 289 1 7 707 2 — New York 3 68 210 Philadelphia*- 3 13 3 1 3 — B^timore 31 11 15 2 1 2 12,640 2 164 Norfolk Charleston 1 1 5 050 Savannah"!' 4 — New Orleans 91 30 10 25 100 88 39 69 28 68 9 30 17 43 12 5 1 ....„ 3 2 12 1 4 ""27 2 8 2 9 21 2 13 1 5 4 255 111 13 11 385 150 78 133 82 242 23 63 29 94 46 25 16 310 99 19 T5 345 205 81 179 135 220 23 48 27 102 24 19 12 2 18 30 694 Mobile 5 7,644 2 1,450 Galveston San Francisco* 5 — St. Louis 33 3 1 7 6 2 12 1 20' 32 267 6 — Louisville 3 9s'ir>4. Nashville 3 5 19 9 571 7 — Pittsburg 14, 144 Wheeling 2 '"' 3 5 1 1 Cincinnati 8 — Chicago* 3 2 2 1 Detroit 12,612 2,129 40,150 6,999 4,185 4,600 Supervising 1 9 — Bultiilo Cleveland 1 1 1 * Report not complete. | No report received, on account of prevalence of vellow fever. No. 45. A REPORT ON EXPERIMENTS IN FUSIBLE ALLOYS. These experiments had for their object the safety of steamers, the alloys being intended for use in the construction of steam boilers. The result, thus fiir, has been the discovery of ten alloys, -which are considered of sufficient reliability for ordinary use. No. 46» This is a tabular statement of the steamboats destroyed by rarious causes, from January to June, 1854. By this it appears that the whole number of steamers destroyed was 63, the number of lives lost 516, and the amount of property lost $2,244,500. The causes of the accidents were collision 10, fire 17, ice 5, snag- ged 23, explosion 8. TREASURY BUREAUS. 425 No. 47. Statement exhibiting the total value of imports, and the imports consumed in the United States, exclusive of specie, during each fiscal year, from 1821 to 1854* showing also the value of foreign and domestic exports, exclusive of specie, and the tonnage employed during the same periods. In 1821. In L854. The total imports, including specie, was $62,585,524 $304,562,381 Do. imports entered for consumption, exclu- sive of specie 43,696,405 275,987,839 Do. domestic produce exported, exclusive of specie 43,671,894 215,157,504 Do. foreign merchandise imported, exclusive of specie 10,824,429 21,691,922 Do. exports, including specie 64,974,382 278,241,064 Do. tonnage 1,298,958 4,802,903 No. 48. Statement exhibiting the value of foreign merchandise imported, re-exported, and consumed, annually, from 1821 to 1854, inclusive; and, also, the estimated J)opulation and rate of consumption, per capita, during the same period. The bllowing is the result of the first and last of these years : In 1821. In 1854. Imported $62,585,724 $.•^04,562,381 Re-exported $21,302,488 $24,850,194 Consumed and on hand $11,283,236 $279,712,187 Population 9,960,974 25,750,000 Consumption per capita $414 $10.00 No. 49. Statement exhibiting the quantity and value of tobacco and rice exported annu- ally, from 1821 to 1854, inclusive. The following is a comparison between the first and last mentioned era : Tobacco, hhds. Value. Rice, tierces. Value. 1821 66,858 $5,648,962 88,221 $1,494,307 1854 126,107 10,016,046 105,121 2,634,127 Aggregate for the whole ^ series of years, from V 3,683,479 253,594,632 3,958,232 74,810,800 i 1821 to 1854, inclusive, J No. 50. Statement showing the aggregate value of breadstuffs and provisions exported annually from 1821 to 1854. The following will show the same for the first and last of these years and the aggregate of the whole series : In 1821, the amount was $12,341,901 1854 do. 65,901,240 Aggregate for the 34 years, 681,899,525, or more than 20 millions annual average. No. 51. Statement exhibiting the quantity and value of cotton exported annually from 1821 to 1854. The following abstract shows the same for the first and last year mentioned, the aggregate for the whole series of years, and the average prices per pound: Pounds. Value. In 1821. cotton of all sorts 124.893,405 $20,157,484 1854 do. 987,833,106 93,596,220 Aggregate of all the years 17,466,839,639 1,742,103,898 Average price per pound annually for the whole period a little more than 10 cts. 426 TREASURY BUREAUS. No. 52. Statement exhibiting the value of imports, annually, from 1821 to 1854. The following abstract shows the value for the first and last years, and the aggregate of the whole number of years embraced in the table. The imports were specie and bullion, merchandise free of duty, and merchandise paying duty. For 1821, the whole amount of imports under those heads, was... $62,585, ^24 1854 do. do 305,'780,253 The aggregate amount for the whole period 4,372,022,569 Or, an annual average of. 128,588^889 No. 53. Statement exhibiting the value of dutiable merchandise re-exported, annually, from 1821 to 1854, inclusive; and showing also the value re-exported from ware- houses, under the act of August 6, 1846. This abstract gives the amounts for the two years as above, and the aggregate for the whole period ; In 1821, the value of dutiable merchandise re-exported, was. ..$10,537, 731 1854 do. do. 17,406,172 And the value re-exported from warehouses in this year 14,500,136 The aggregate value of merchandise re-exported, not from ware- houses, was $347,737,176 The aggregate value of merchandise re-exported, from warehouses, 47,471,675 Making the total of dutiable merchandise re-exported, for the 34 years $395,208,851 No. 54. Statement showing the value of goods remaining in warehouses at the close of each quarter from September 30, 1847, to June 30, 1854, as exhibited by the quarterly returns of the collectors of the customs, under the provision of the act of August 6, 1846, and also the amount of duties payable thereon. From this statement it appears that the average quarterly value of goods re- maining in warehouses is $8,625,642 00, and the average duties payable thereon $2,913,463 54. No. 55. Statement exhibiting the quantity of wine, spirits, &c,, imported annually from 1843 to 1854, inclusive. By this statement it appears that there were imported during the twelve years, of wine in casks, of all qualities, 51,867,411 gallons, or an annual average of 4,322,284^ gallons ; that the aggregate value of this wine was $14,198,248, or an average yearly value of $1,133,187 33. That there were imported of distilled spirits 36,711,441 gallons, or an average of 3,059,286| gallons per annum ; the aggregate value of which was $22,794,452, or an average yearly value of $1,899,577 66. That there were of beer, ale and porter, from England and Scot- land 3,594,455 gallons, the total value of which was $2,408,617. TREASURY BUREAUS. 427 ^^ s =1. 8 ■«?* OS •Si t: e C s^ "^ I ^ s >. § ^ -Si 'V "B ■§2° ^ OO lO 1— -* CD CD CO . 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Statement of the number of persons employed in each district of the United States for the collection of customs, for the fiscal year ending June 30, 1854, with their occupation and compensation, per act March 3, 1849. According to this statement there are 111 persons with the rank of collectors, and 2,705 of subordinate rank, such as deputy collectors, surveyors, naval officers, inspectors, clerks, boatmen, &c. The compensation varies from $6,400 to less than $100 per annum. No. 60. CIRCULARS ISSUED SINCE THE DATE OF THE LAST REPORT. This embraces general instructions to collectors of the customs ; general regu- lations for their government; general instructions to consuls of the United States in the island of Porto Rico ; forms of estimates for the use of collectors, superin- tendents of light houses, agents of marine hospitals, and other disbursing agents ; forms of accounts current, of the various bonds required, of reports to be made, together with copies of the acts of Congress on the subject. Following these are four tables — the 1st, containing a list of free goods imported in Ameri- can and foreign vessels, also of those re-exported in American and foreign ves- sels, in the order in which returns are to be made; 2d, a list of articles, the growth, produce, and manufacture of the United States, exported as above, in the order in which returns are to be made; 3d, a table of countries and places from and to which the imports and exports are to be entered and returned ; and, 4th, a table of flags designating the nationality of foreign vessels. COMMERCE AND NAVIGATION. Report from the Register of the Treasury of the Covimerce and Navigation of the United States for the year ending June 30, 1854. This report consists of 18 tabular statements enumerating every article of exports and imports, the countries to and from which they are exported or imported, their several quantities and values ; and showing the number and nationality of the vessels employed in their conveyance. Table No. 1, gives a general statement of domestic exports. By this it is shown that the total value of these exports was $252,047,806 Of this amount, was exported in American vessels 176,100,273 And in foreign vessels 75,947,533 Table No. 2, is a summary statement of the value of the exports of the growth produce and manufacture of the United States. The products of the sea amounted to $3,044 301 " " of the forest " ll,64o'571 " " of agriculture " 170,512 460 " " of manufactures " 60,844.374 Table No. 3, is a general statement of goods, wares, and merchandise of the growth, produce, and manufacture of foreign countries exported from the United States. This embraces merchandise paying duties ad valorem, such as is free of duty, entitled to drawback, from warehouse and not from warehouse. Table No. 4, is a summary of the above table, from which are derived the fol- lowing results : Total value of merchandise paying duties ad valorem $17,406,172 Total value of merchandise free of duty 6,342 342 Total value of exports 23,748 514 To which add value exported from San Francisco, and not received in time to be included in this statement 1,101,680 24,850,194 432 COMMERCE AND NAVIGATION. Total value of domestic exports brought from state- ment 2 $252,047,806 To ■which add value exported from San Francisco, and not received in time to be included 1,343,064 253,390,870 Total value of exports 278,241,064 Table No. 5, is a general statement of merchandise of the character specified in tat)le 3, imported into the United States ; and Table No. 6, is a summary of the same, for which we have the following totals : Paying duties $208,975,060 Free of duty 32,519,034 Total 301,494,094 To which add value imported into Sati Francisco and not received in time to be included in this statement 3,068,287 Total 304,562,381 Table No. 7, is a statement exhibiting the number of American and foreign vessels with their tonnage and crews, which cleared from the United States for foreign countries during the fiscal year. By this table it appears that there were : Tonnage. Of American vessels 9,570 3,911,392 With crews of men 141,028 " " ofboys 797 Of foreign vessels 9,503 2,107,802 With crews of men 98,647 " " ofboys 1,196 Total number of vessels 19,073 6,019,194 " " of men 239,645 " " ofboys 1,993 Table No. 8, is a statement exhibiting the same thing in regard to vessels which entered into the United States from foreign countries during the same time ; the totals of which are as follows: Tonnage. American vessels 9,455 3,752,115 Crews of men 135,927 " ofboys 726 Foreign vessels 9,648 2,132,224 Crews of men 100,243 " of boys 1,212 Total of both descriptions of vessels 19,103 5,884,339 Total of seamen 236,170 Total ofboys 1,938 Table No. 9, is a statement of the national character of the foreign vessels which entered into and cleared from the United States for foreign countries during the year. By this table it appears that the number of vessels which entered wag 9,648, of 35 different national characters, and that the number which cleared for foreign countries was 9,503. Tabic No. 10, is a statistical view of the commerce of the United States, exhi- biting the value of exports to and imports from each foreign country, and the tonnage of American and foreign vessels arriving from and departing to each foreign country, during the year. From this table it appears that the total balance of exports embracing domestic and foreign produce was $275,796,320 And that the amount of imports was 301,494,094 Being an access of the latter over the former of. 26,697,774 Table No. 11, gives a detailed statement of the commerce of each State and Ter- ritory, the results of which are of course the same as those already given in other tables, with the exception that in this table th« portions belonging to each State and Territory respectively are separately shown. COxMMERCE AND NAVIGATION. 433 Table No. 12, is a statement exhibiting the number of American and foreign vessels, with their tonnage and crews, which cleared from each district of the United States fur foreign countries, during the yejir. The results of this table are the same with those of No. 7, apportioning to each district separately the number of vessels, quantify of tonnage and number of crews. Table No. 13, is a similar statement of vessels that entered into each district from foreign countries during the same period. Table No. 14, is a statement ot the tounage of the United States as apportioned to the several districts. The following abstract will show the aggregate tonnage of the United States on the 30th June, 1854. Permanent registered tonnage 1,829,286 56 Temporary registered tonnage 504,532 55 Total registered tonnage '. 2,333,819 IG Permanent enrolled tonnage 2,397,357 76 Temporary enrolled tonnage 13,778 01 Total enrolled tonnage 2,411,135 77 Licensed tonnage under twenty tons employed in the coasting trade 48,214 32 Licensed tonnage under twenty tons employed in the cod fishery 9,733 33 Total licensed tonnage under twenty tons 57,947 65 4,802,902 63 Of the enrolled and licensed tonnage, there were employed in the — Coasting trade 2,273,900 48 Cod fishery 102,194 15 Mackerel fishery ; 35,041 14 Whale fishery 2,411,135 77 Ofthe registered tonnage, (amounting as above stated, to 2,333,8 19 16,) there were employed in steam navigation 95,036 30 Of the enrolled tonnage, (amounting as above stated, to 2,411,135 77,) there were employed in steam navigation 581,570 77 Total steam tonnage 676,607 12 Table No. 15, a statement giving a condensary view of the tonnage of the several districts of the United States on the same day. A few of the commercial cities, as exhibited below, will furnish an opportunity of comparing the importance of their respective trades. Tons and 95ths. The city of New York has of registered, enrolled and licensed tonnage.. 1,262, 798. 08 " Boston " " " " 495,879.51 " Philadelphia " " " " 268,746.62 " New Orleans " " " " 183,818.08 '■ Baltimore " " " " 170,835.35 " New Bedford " " " " 165,910.28 '= Bath " " " " 154,501.27 " Portland " " " " 123,672.48 " Waldsborough " " " " 122,735.80 No other city in the United States reaches 100,000 tons. The aggregate are, of registered tonnage 2,333,819.16 Of enrolled and licensed tonnage 2,469,083.47 Total .4,802,902.6 3 55 — 434 COMMERCE AND NAVIGATION. Table No. 16, a statement showing tlie number and class of vessels built, and the tonnage thereof, in each State and Territory of the United States during the year ending 30th June, 1854. The totals in some of the States are as follows: Maine, the largest number 343 New York, next largest number V.Ol Pennsylvania " " 2.37 Massachusetts " " 180 Maryland " " 122 No other State reaches the number of 100. The aggregate number of all the vessels, of ever_v class, built in the several States and Territories is 1,774, of which 334 were ships and barques. Their ton- nage amounted to 535,636.01 95ths Table No. 17. — A comparative vieio of the registered and enrolled tonnage of the United States, shoiiing the tonncge employed in the u-hale fishery, also the propor- tion of the enrolled and licensed to7tna,c employed in the coasting trade, cod fishery, mackerel fishery, and whale fishery, from 1815 Co 1854, inclusive. 1815. 1816. 1817. 1818. 1819. 1820. 1821. 1822. 1823. 1824. 1825. 1820. 1827. 1828. 1829. 1830. 1831. 1832. 1833. 1834. 1835. 1836. 1837. 1838. 1839. 1840. 1841. 1842 1843 1844. 1845. 1846. 1847. 1848. 1849. 1850. 1851. 1852. 1853. 1854. Rpfjistered loniiaxe. Enrolled Total ton-' K<'gi>^t\l|Tonnace,P''"P°'"°"g„fp,J5.^^^,«';,'';^^*'^ '""""8 ton iiacevniploy'ili n wlialein steam Coasting .Codfish- M^'ck"! Wh'le tisliery. i.aviijal'n trade. ery. Hslierj-. fis.r 854,294 800.759 809,724 606.088 612,930 919,047 619.896 628J150 639,920 609,972 700,787 737,978 747.170 812,619 6.50,142 576,675 620,451 086i989 750;026 857,438 885,520 897,774 810,447 822,591 834.244 899i 764 845,803 975,358 1.009,305 1J068,764 1,095,172 1,131.286 i,24i;3r. 1,360,886 1,438.941 1,585J711 1,726.307 1,899', 448 2,103.674' 2,333,819 513,833 571,4.->8| 590,186! 619,095 647,821 661,118 679,062 696,548 696,644 729,190 722,323 796,210 873,437 928,772 610.654 6151311 647^394 752^460 856,123 901.468 939^118 984,328 1,086,238 1,173,047 1.262,234 1,280,999 1,184,940 1,117,031 1,149,297 1,211,330 1,321,829 1,431,798 1,. 597, 732 1,793,155 1,895,073 1,949^743 2,046,123 2,238,99 2,303,336 2,469,083 1,368,127 1,372,218 1,399,921 1,225,184 1,260,751 1,280,166 i;298,958 1,324; 699 1,. 336, 565 1,389,163 1,423,110 1,5.34,189 1,620,607 1,741,391 1,260,797 1,191,776 1,267,846 1,439,450 1,606,149 1,758,907 1,824,940 1,820,132 1,896,685 1,995,639 096,478 2.180,764 i! 130, 744 2^092,390 2,158,6(tl 2,280,095 2,417,002 2,562, 084j 2,839,045 3, 154, 041 1 3,.334,015| 3,535,454, 3,772,439 4,138^440 4,407,010 4,802,902 8,471 16,134 31,700 35,391 26,070 45,449 39,918 33,165 35,379 41^757 45,653 54,621 57,284 38,911 82,315 72,868 101,158 108,060 97^640 144,680 127,241 119,629 131,845 136,926 157,405 151,612 152,374 168,293 190,695 189,980 193,858 192,179 180,186 146,016 181,644 193,79 193,203 181,90 24,879 21,609 23,061 34,058 40,197 39,418 54,036 64,471 34,445 90,813 101,849 122,815 122,815 145,556 154,764 193,413 204,938 202,339 175,088 229,661 236,867 272,179 326.018 347,893 404,841 427,891 462,394 525,946 583,60 643,240 514,097 676,607 435,066' 479,979 481,457 503^140 523^556 539,080 559,435 573,080 566,408 589,223 587,273 666,420 732,937 758,922 508,858 516.978 539,723 649,627 744^198 783,618 792,301 873,023 956,980 1,041,105 1,153,551 1,176,694 1,107,067 1,045,753 1,076,155 1,109,614 1,190,898 1,289,870 1,452,623 1,620,988 1,730,410 1,755,796 1,854,317 2,008,021 2,134,256 2,273,900 26 37 53 58 65 60 51 58 67 68 70 63 74 74 101 61 60 54 62 54 72 62 80 70 72 76 66 54, 61 85 69 72: 70: 82 42 85 87 102 109 102 510 879 990 551 044 842 351 405 621 419 626 761 048 94 796 554 977 027 720 403 374 307 551 064 258 035 551 804 224 224 825 516 1 651 970 646 475 659 227 194 35,973 40,210 47,427 48,725 61.082 64,443 64,425 46,810 56,649 35,983 28,269 11,321 16.096 11^775 16,170 21,413 6,463 31,451 43.558 73,853 58,111 50,539 72,546 ,59,850 35,041 1,229 i,168 349 614 686 1,053 1,924 3,133 585 180 226 328 180 792 481 377 478 364 1,573 1,894 5,229 439 377 143 321 206 439 432 COMMERCE AND NAVIGATION. No. 18. 435 Statement showiug the number and class of vessels built, and the tojmage thereof, in the several States and Territories of the IJnited States, from 1815 to 1854, inclusive. Years. Class of vessels. 1815. 1816. 1817. 1818. 1819. 1820. 1821. 1822. 1823. 1824. 1825. 1826. 1827. 1828. 1829. 1830. 1831. 1832. 1833. 1834., 1835., 1836.. 1837., 1838., 1839., 1840., 1841., 1842.. 1843., 1844.. 1845.. 1846.. 1847.. 1848.. 1849. 1850.. 1851.. 1852.. 1853., 1854.. 136 76 34 53 53 21 43 64 55 56 56 71 55 72 44 25 72 132 144 98 25 93 67 66 83 97 114 116 58 73 124 100 151 254 198 247 211 255 269 334 224 122 86 85 82 60 89 131 127 156 197 187 1.53 108 68 56 95 143 169 94 50 65 72 79 89 109 101 91 34 47 87 164 168 174 148 117 65 79 95 112 681 781 559 428 473 301 248 260 260 377 538 482 464 474 485 403 416 568 625 497 301 444 507 501 439 378 310 273 138 204 322 576 689 701 623 547 522 584 681 661 O OS o a 274 424 394 332 242 152 127 168 165 166 168 227 241 196 145 116 94 122 1 180 100 164 168 153 122 224 157 404 173 279 342 355 392 547 370 290 326 267 394 386 15 26 35 45 38 33 43 37 34 100 65 68 30 124 135 90 125 64 78 137 79 163 163 225 198 175 208 159 233 259 271 281 Total ton- nage. 1,314 1,403 1,073 898 850 534 507 623 622 781 994 1,012 934 884 785 637 711 1,065 1,188 937 507 890 949 898 858 872 762 1,021 482 766 1,038 1,420 1,598 1,851 1,547 1,360 1,367 1,444 1,710 1,774 1.54 131 86 ,624 39 668 04 ,393 37 ,421 20 ,817 86 784 01 856 01 346 93 ,007 57 ,939 00 ,997 25 ,4.38 35 342 67 58 098 65 094 24 ,962 68 539 16 626 36 ,330 37 !8 52 ,627 49 ,987 22 135 44 989 34 309 23 ,893 71 ,083 64 617 77 537 29 ,018 02 203 93 243.732 67 318,075 54 256,577 47 272,218 54 298,203 60 351,493 41 425,572 49 535,616 01 75 90 114 126 104 98 77 58, 85: 144 161 118 46 113 122 113 120 118 118 129, 63 103 146, 188 III. -THE ARMY. [Abstract of Documents accompanying the Report of the Secretary of War.] Nos. 1, 2, 3. Documents annexed to this report numbered one, two, and three, are reports — 1. From the Department of Texas — 2. Of New Mexico — 3. Of the West. The report of the Commanding General, which we give below, and the report of the Commissioner of Indian Affairs, embrace as full an account of the matters treated in these documents, as is consistent with the plan of our work. No. 4, Covers instructions from the Secretary of War, respecting the construction of military roads in Washington Territory, and in the territories of New Mexico and Utah. No. 5, Is Captain Meigs's report on the progress of the works for the extension of the U. S. Capitol. For this edifice, appropriations have been made to the amount of $2,350,000; of which there has been expended $1,267,869 33; leaving available for the fiscal year ending 30th June, 1855, $1,082,130 67. Required for the year ending 30th June, 1856, the sum of $325,000. No. 6.— REPORT OF THE COMMANDING GENERAL. Head Quarters of the Army, 1 New York, November 18, 1854. J Sir: — I beg to offer the following professional suggestions on matters touching the "discipline and military control" of the army, with which (and in those terras) I am charged by the army regulations. In my last annual report (Ex. Doc. I, House of Representatives, 33d Congress, 1st session, pp. 96 and 97,) I invited attention to the dispersed condition of the troops, as being highly unfavorable to instruction and discipline, and suggested, that something might be done to improve the morale of the army by — 1. A revision of the rules and articles of war, incorporating a system of reivards tvith punishments ; harmonizing material discrepancies, the result of many hasty enactments, and more clearly defining rights and duties, as well as crimes, and affixing definite and appropriate punishments, according to the nature and degree of the offences. 2. A radical change in the system of recruiting, which would leave, with every regiment (by dividing it into service and depot companies — alternating in duty) the filling up its own ranks, and thus establishing an early acquaintance and sympath}' between officers and non-commissioned officers and their men. 3. A retired list for snperanuated and disabled officers, recommended with much force by many administrations and always favorably reported upon by the militar}' committees of the two Houses of Congress; and 4. Placing the pensions of the army on the same footing with those of the navy. Reflection and experience have strengthened the conviction that such measures would much improve the well being and efficiency of the army. To that end, Congress, at its last session, gave additional pay to enlisted men and authorized promotion to commissions from the ranks — enactments which will, no doubt, heighten the moral condition of our non-commissioned officers and privates. Something more, however, is still needed to secure the enlistment of a sufficient number of young men, of respectable character and attainment, (for promotion to lieutenancies) under the standard (not too high) established by the War Depart- ment. I allude to the suggestions above, and more i)articularly to the revision of the code, including a" fence of law around the rights of inferiors, beginning with privates, against caprice and violence on the part of authority. Such is the circle of ameliorations I beg earnestly to recommend in order to render the mili- tary career eligible from the beginning, and to give to the whole army the high- est efficiencv. 436 THE ARMY. 437 During the past j-ear, the troops in the Department of the West, the Depart- ment ofTexas, the Department of New Mexico, and the Department of the Pacific, have been most actively engaged in endeavoring to protect our settlements on the Indian borders, and emigrants passing through the Indian country. The bad feeling shown by many of the Indian tribeS; and continued acts of open hostility on the part of others, have cost our small detachments much arduous service, with severe sufferings, including the loss of many valuable officers and men. With them, the campaigns hardly ever intermit, and although the conflicts have been on a small scale, our troops, on every occasion, have displayed a noble zeal and daring, which seem to me worthy of being better known and better rewarded. I ha\'e, heretofore, presented the names of a few of the more distinguished officers in these combats, for brevets. The number might now, perhaps, be doubled. This reward of merit, though cheap to the Grovernment, is always coveted by the noblest spirits. At least it is hoped that the number of our regiments in the pre- sence of active, numerous, hostile and treacherous bands, may, at length, be sen- sibly increased, in order to secure the defence and protection contemplated, and with, on our part, a smaller sacrifice of life., which is always greatest with inade- quate numbers, even when most triumphant. This is an argument dictated by humanity, and policj' is ecjually on the side of a considerable augmentation ; for there is not a petty tribe, in the interior, that does not believe itself^ — ^judging from the handfuls of troops we exhibit here and there — equal in numbers to the people of the United States ! With four (perhaps, three) additional regiments, most of the small posts on Indian borders might be withdrawn and the troops, in battalions, held in good strategicivl positions. When at rest, instruction and discipline would be advanc- ed, and each battalion, leaving a small guard behind, might, in colunm, com- posed of at least, a portion of cavalry, be instructed to make an annual circuit through the nearest Indian country — always seen in a condition to pursue and to strike — in order to overawe hostile machinations, and to punish violations of peace. Similar views have often been presented in my annual reports, beginning with 1842; but from the want of troops they have been only partially put into practice. It is with some diffidence that I beg a renewed consideration of another subject that received the favor of the War Department in its last annual report. I allude to tliepay of army officers. Out of the service, it does not seem to be understood or felt, that the success of the United States in the recent war with Jlexico, by flooding the country with gold and prosperity, and thence bringing about an enormous increase in the price of every necessary and comfort of life, has, practically, imposed a tax (by that increase) of forty dollars in every hundred on the annual pay and emoluments of the officers who won those successes! ! (The enlisted men, it has been seen, have had their proportionate augmentation of pay.) I have the honor to remain, with high respect, your most obedient servant, W INFIELD SCOTT. Hon. J. Davis, Secretary of War, Washington, D. C. No. '7.— REPORT OF THE QUARTERMASTER GENERAL. The balance on the books of this office, to be accounted for at the commence- ment of the fiscal year, was $954,937 51. Deducting from this, however, certain accounts no longer under the control of the office, and others in a state of adjustment under acts of Congress, there will be left a positive balance of $731,143 91. Of this sum $89,027 09 are in the hands of nineteen officers and agents, who have failed to render their accounts at the close of the year. The remainder i? distributed among 169 disbursing officers, as applicable to the payment of out- standing claims against the Department at the end of the year, and to the service of the current year. The report states that supplies, consisting of fuel, forage, straw for bedding, stationery, medicines for horses and mules, travelling forges, blacksmith's tools, clothing and dragoon equipments, camp and garrison equipage, and small supplies for the mounted service, costing in the aggregate $1,128,281 63, have been promptly furnished to those entitled to receive them. 438 THE ARMY. Transportation for these supplies, for recruits from their various depots, and for troops from station to station, amounted to $1,839,376 11. Repairs of buildings have cost $301,335. Rent of quarters, barracks, storehouses, wharves, grounds for military stations in the new territories, and in Texas and California, have required an expenditure ot $115,415. The report asks for an increase of storekeepers, and of compensation to ord- nance sergeants, together with an enlargement of the duties of the latter; it asks, also, that a single auditor may be charged with the settlement of all accounts of the Quartermaster's Department, and for an allowance of a reasonable extra com- pensation to ofticers of the line, temporarily employed as disbursing oflRcers. It adverts, also, to the expediencj- of improving the roads and other avenues of communicatioa to and between the posts on the frontiers. No. 8.— REPORT OF THE COxMMISSARY GENERAL. At all points the troops have been amply supplied with good and wholesome provisions. Issues have been made to Indians at many of our posts, with a ben- eficial influence. The experiments to test the comparative value of the solar evaporated salt of Syracuse, and Turk's Island salt, are approaching their termi- nation, and the results will be reported in a few months. The estimated price of the ratio is the same as of the present year. The accounts of officers in this de- partment have generally been punctually rendered. No. a— REPORT OF THE PAYMASTER GENERAL. In the hands of paymasters, and received by them to be accounted for, $3,065,- 070 39; expended as follows: Payments to regular troops $2,608,330 24 Payments to volunteers 41,053 90 3 months' extra pay to regulars 5,214 90 3 months' extra pay to volunteers 8,241 50 In paying to military academy 86,591 52 Total expended $2,749,432 06 Leaving a balance of. 315,638 33 These balances have, as far as heard from, been expended and accounted for since the commencement of ^he present fiscal year. As far as returns have been re- ceived, the troops have all been paid to 31st of August last. No. 10.— REPORT OF THE SURGEON GENERAL. The amount of expenditures, on account of the medical department of the army,fortheyearending June 30, 1854, was $52,666 65; of which sum $15,299 20 was paid for the services of private physicians. Deducting this amount, together with $4,616 51 tor medical and hospital supplies, both of which accounts origi- nated prior to the commencement of the last fiscal year, there will remain as the proper expenditure of the year, $32,750 94. It appears from this report that 25,656 cases of disease have been under medical treatment during the fiscal year; that the mean strength of the army, for the same period was 8,095 ; and that consequently every individual in it must have been sick at least three limes during the year. The meteorological observations under the ausjjices of this bureau, from 1842 to 135U, have been arranged and tabulated, and are now ready fcr the press. No. 11.— REPORT OF THE CHIEF ENGINEER. Fortifications. In this document the importance of sea-coast defence, as illustrated during the present season, is exhibited in detail. A short statement of the present condition of the several fortifications is given under the head of each. Military Acadkmy. This establishment continues to work successfully, and with constant progress. The course of studies has been extended to five years. The academical arrange- THE ARMY. 439 mcnts and progress of the elder cadets will not he disturbed by the chanpe. In- creased attention will be given to military engineering, reconnoissances, artiller}-, the tactics of special arms, and their subdivisions. An appropriation of $20,000 is recoramendcd for commencing the erection of officers' quarters. A professor- ship of etliics, independent of the chaplaincy, is recommended; and the separa- tion of the instruction in artillery and cavalry. An appropriation of $5,000, to complete tlic extension of the buildings occupied by the professors, is urged, together with an increase in the pay of the professors of French and drawing. The report of the Board of Visitors, dated June 22d, 1854, is highly commenda- tory of llie condition of the institution. The board regard the extension of the period of study as the only alternative of requiring a higher standard of qualifi- cation on entering the academy, which latter course would cut off from its bene- fits the sons of that large and highly respectable class of citizens who cannot command the means necessary to educate their children to that standard. An increase in the compensation of acting assistant professors is recommended, and, in an even more emphatic manner, an increase in the jjay of cadets. P^or the latter, it is stated, such sum should be allowed as will place the cadet, " with proper economy, beyond the reach of want." Small appropriations are recommended for supplying the academy with water and for furnishing the hospital for cadets. A high compliment is paid to the superintendent of the academy ; and the gentlemen at the head of the several de- partments under him arc earnestly commended. The report of the committee on finance shows that the amount unexpended of the appropriation for the fiscal year ending June 30, 1853, is $31,501 74. Tlie amount of the appropriation for the fiscal year ending June 30, 1854, is $54,180 00, the amounts received from other sources $1,339 52, making the whole available funds for the fiscal year ending June 30, 1854, the sum of $87,021 20. A statement of the rank, pay, and emoluments, of the officers, professors, in- structors, cadets, and employes at the academy, shows that five of the professors receive each the sum of $2,000 p>er annum, while the professors of drawing and French, are in the annual receipt of only $1,500 each. It is recommended that the pay of the last two be increased. After a careful examination of the accounts exhibited, together with their own observations^ and inquiries, the committee is satisfied that even with the rigid sys- tem of economy and accountahUity now practised by the cadet, he cannot meet the necessary expense of the course with the pay he now receives, and they there- fore recommend that his pay be raised to $33 per month, in accordance with the bill reported to the iSenate of the United States. In the report of the committee on instruction appointed by the Board of Visitors, a suggestion is made that if the period of instruction in the academy be no prolonged, a preparatory .school may be established with advantage. Appended to the report of the board is an act approved May 10th, 1854, making appropriations for the year ending June 30, 1855, for ordinary expenses and improvements, amounting to $101,281 ; also, a letter explanatory of thej?stimatcs for the year ending June 30, 1856. In this letter an appropriation of $15,000 is recommended, for the purpose of providing illuminating gas for the establishment. An interesting talde is also appended, exhibiting the condition in life of the cadets for the last thirteen years, and giving the occupations of their fathers, and the number of orphans, the number whose parents were in moderate, reduced, indigent, and independent circumstances. ■Rivers and nAKBOR.s, &c. The works of this character, in charge of this department, have been prosecuted during the year with vigor and general success. The surveys in hand have, with four or five"^exceptions, where uncontrollable difficulties intervene, been iirosecuted to completion ; and projects of improvement, based upon them, have been fur- nished by the surveying officers for the consideration of Congress. The works of improvement directed by the law have, most of them, been car- ried as far as the appropriations would go. A few are still in progress, being of a nature where more rapid advancement could only be effected by unwarrantable expenditures. The work thus tiir done, though generally incomplete, is, in many cases, affording valuable aid to commercial i)ursuits. 440 THE ARMY. Washington Aq0eduot. The lands for the line from the Great Falls to the District boundary have been condemned under a law of JIaryland ; qiiaries for the cut stone and rough stone requisite have been purchased, with a site for the Virginia abutment with the con- pent of the State; and a final location of the site completed. The first three tunnels have been begun, and 450 feet of them completed. The water flowing in the river is found to be more than thirteen times the quantity needed for the aqueduct. Appropriation called for $1,000,000. No. 12.— REPORT OF THE COLONEL OF TOPOGRAPHICAL ENGINEERS. This document communicates the detailed reports of the several ofiBcers in the actual command or direction of operations in the field. A. Is the annual report on the survey of the north and northwestern Lakes, by Capt. J. N. Macomb. From the abstracts furnished, it appears that in all upwards of one hundred thousand soundings have been made this year. The actual number recorded is 101,105, which may be laid down upon the charts. In addition to these, many others are made in preliminary examinations to guide in laying out the work. B. Is a report of Brevet Colonel Turnbull, in relation to the progress of the several works committed to his care on Lake Champlain, Lake Ontario, and Lake Erie. Among these is the breakwater at Burlington, Vermont, the completion of which is important to the whole commerce and navigation of Lake Champlain ; which, it is supposed will quadruple within eighteen months after the reciprocity treaty between the United States and the British provinces goes into effect. This report gives an account of the state of the harbor works at Oswego, Sodar Bay, Buffalo, Dunkirk, and Erie. C. Is the annual report of Capt. Stansbury, on all other works on Lake Erie, em- braced in his district, which extends from Conneaut, near the eastern boundary of the State of Ohio, to Monroe, at the mouth of the river Raisin, and embraces nine harbors, viz : Conneaut, Ashtabula, Grand River, Cleveland, Black River, Vermillion, Huron, Sandusky Bay, and the harbor of Monroe. D. The report of Lieut. Col. Graham, on the works on Lake Michigan and Lake SSt. Clair, not received at the bureau in season for communication. E. Is the annual report of Brevet Lieut. Col. Johnson, in relation to the improve- ment of the weeteru rivers. F. Embraces the various reports of the board of engineers, subsequent to the annual reports of last year. G. Is the report of Capt. Thomas J. Lee, on the measurement of a base line for the survev of the lakes. H. Is tlie report of Lieut. M. L. Smith, of operations connected with the Florida canal survey during the past year. The number of miles measured and levelled on the main line, was 377 Do. do. of offsets measured and levelled, was 17 Do. points, the heights of which were determined aud record- ed, was 12,948 In addition, the river St. John was sounded from Falatka to Lake Jesup and the Ocklawaha, and examined for a distance of 85 miles up from its mouth. THE ARMY. 441 I. Is the report of Captain J. H. Simpson, of the operations durinfr the year, on the Point Douglass and St. Louis railroad ; the Point Douglass and Fort Ripley road ; and the Wabash and Mendota, road ; all in Minnesota Territory. No. 13— REPORT OF THE CHIEF OF ORDNANCE. This report commences with a statement of the amounts drawn from the Trea- sury, expended, and remaining in the hands of disbursing oflicers, on the oOth June, 1854. The aggregate to be accounted for at the commencement of the year, was $1,61G,166 51 ; remaining in the hands of disbursing otficcrs, at its close, $170,807 90. The report then gives a detailed account of articles pur- chased and fabricated for the use of the army, to wit : Armament for fortifica- tions, ordnance, ordnance stores and supplies, expenditures at the national armo- ries, for arming and equipping militia, for arsenals and depots. Then follow state- ments showing the apportionment of arms to the militia, the distribution of ord- nance and ordnance stores to the same, those also issued to the army, the princi- pal operations at the armories and arsenals, aud the improvements in the build- ings and grounds of the same. 56 IV. -THE NAVY. [Documents accompanying the Report of the Secretary of the Navy.] EXPLORATION OF THE ISTHMUS OF DARIEN. Report of Lieutenant J. G. Strain, in relation to a reconnoissaiice of the Isthmus of Darien. Washington, October 25, 1854. Sir: I have the honor to inform you that, in obedience to your order, I organ- ized my party for the exploration of the Isthmus of Darien, between Caledonia bay on the Caribbean sea, and the gulf of San Miguel, on the Pacific, and report- ing myself and party to Commander George N. Hollins, of the U. S. ship Cyane, sailed from the port of Philadelphia, on the 29th of December last. Touching at Carthageua, to communicate with the New Grenadian authorities, we arrived ai Caledonia bay on the morning of the 17th of January of the pre- sent year. Since the breaking up of the Spanish establishments, in this portion of the Isthmus, in about 1*788, the Indians had shown an invincible repugnance io permitting access to their territory, which had effectually prevented any one from making a satisfactory examination, and we have no account of any one having landed on the shores, except Messrs. Cullen and Gisborne, each of whom published reports, which exjjerience has shown to have been utterly fallacious. Finding that we had arrived in force, the Indians showed us more than ordinary courtesy, but begged that we would not land until the arrival of their chiefs, or "old men." On the 18th a large number of the principal men came on board the Cyane, where a councii was held by Commander Hollins, which lasted some eighteen hours. For a long time the Indians most tenaciously opposed our landing, but finally conceded the permission to traverse the country, stipulating that their private property, and especially their women, should be religiously respected. On the evening of the 19th of January, my party landed and quartered for the night at the mouth of the Caledonia river, in an Indian fishing village, which had been deserted before our arrival. Some provisions having been lost by the capsizing of a boat in our debarkation, we were detained until meridian, January 20th, when we commenced our march up the valley of the Caledonia, one party following the bank, while another, which I accompanied, ascended the river in a canoe, which we were soon compelled to abandon, owing to the shallowness of the river. The party, when they left the beach, consisted of passed midshipman Wm. T. Truxtun, 1st assistant engineer John M. Maury and midshipman H. M. Garland, U. S. Navy. The civil engineers and assistants were, A. F. Boggs, S. H. Kettle- well, Sterret Hollins, G. U. Mayo; Dr. J. C. Bird, was surgeon of the party; Theodore Winthrop, Mr. Holcomb, and Frederick Avery, were volunteers, serving without pay, but performing the duties of assistant engineers. In addition to these gentlemen were thirteen of the crew of the Cyane — volunteers, who had been permitted to accompany me by Commander Hollins. Messrs. Ramon Castillo Rada and Bernardo Polanco, commissioners, sent by the Government of New Grenada in advance of the Cyane, to explain our peace- able intentions to the Indians, had also joined our party — which numbered, in all, twenty-seven men, well armed with carbines and muskets, and forty rounds of ammunition each. With the exception of the seamen of the Cyane, the party were armed with Colt's pistols, with fifty rounds of ammunition for each. Every member of the party carried a blanket and a haversack, containing ten days' provisions, which, depending upon the official statements of Jlr. Gisborne, I supposed would be sufficient to carry us across the country and back, although we had reason to believe that we could supply anj' deficiency from H. B. Majesty's steam sloop Virago, which had been stationed in Darien harbor, on the Pacific. 442 EXPLORATION OF THE ISTHMTTS. 443 Our first day's? jonrncv terminated at a deserted Indian rancho, where we pass- ed the nioht, and rontinucd our jonrney early on the followinsr niominp-. Aliout 8, A. M.. on the 21st, we arrived at a small branch of the river, which entered from the southward and westward, from which, owing; to the scanty vegetation, which appeared to he destroyed by the inundations of the rainy season, we had a fair view of a larp^-e portion of the Caledonia valley. Very "much to mv surprise 1 found the whole valley enclosed bv a semi-circular range of mountains, abutting upon the sea coast range, and forming a barrier, ranging in height from ;!r)00 to about 1000 feet. Carefully examining the whole range, with an e.Kcellent spy- glass, I could find no opening in any direction, but as Lionel Gisborne, civil en- gineer, whose report and maps were in ray possession, had stated above his pro- fessional signature to his employers in England, and had i)roniulgated to the world, that the summit level between the two oceans was but one hundred and fifty feet, I was convinced that there must be some lower point which we had not discovered. As the eastern branch of the river was much the largest and most likely to cut through the Cordillera, I determined to follow it, which I did until about meridian, when, finding that it was leading us, by a series of rapids and cascades, into t^e highest range of mountains and away from, the Pacific, I de- termined to retrace my steps and follow the southwest branch, which we had passed in the morning. In our ascent, upon the eastern branch of the river, we bad marched through an Indian village, capable of containing some eight hun- dred inhabitants, but was entirely deserted in anticipation of our arrival. Above the village we met three Indians, one of whom wished to prevent our ascending the eastern branch of the Caledonia, and attempted to lead us toward the south- west branch, but I, believing that he only wished to get us away from their vil- lage, refused to accompany him. Subsec(uent events tend to convince me that he acted in good faith, and would have shown us the path leading to the Pacific water shed. Following the southwest branch until about sunset, we encamped on its bank and on the following morning continued ascending until our progress was barred by a caiion too deep to ford, with high and scar]ied banks on each side. The party surmounted this obstacle by different routes — some climbihg the steep bank near the canon, while I with the majority of the officers and men, sought an easier ascent about one hundred yards below. While ascending at this point I was for- tunate enough to discover an Indian trail, which I was convinced led to the Pa- cific side of the Cordillera, and making the customary recall, soon had all the party collected, except Messrs. Holcomb, Bird, Winthrop and HoUins, and a seaman from the Cyane named Roscoe. I caused three carbines to be fired in quick succession, which was a positive signal for the recall of all parties. This signal was answered apparently some distance up the river and supposing that they were looking for some easier ascent to rejoin, we continued on the Indian trail to the westward, occasionally firing carbines and receiving responses. Following the path and crossing three peaks increasing in height as we advanc- ed, we descended the western slope and at 1.15 P. M., found ourselves on a stream running to the westward, which I was convinced had its embouchure in Darien Harbor, and according to the maps of Messrs. Cullen and Gisborne, who each projected maps as the result of their own personal observation, ought to have been a branch of the Savaua. While crossing the Cordillera and having arrived at the summit of the first peak, one of the seamen of the Cyane climbed a tree to obtain if possible a view of the country, but reported nothing but high mountains in every direction. The highest peak over which we crossed was between 1,400 and 1,500 feet above the level of the sea, but a lower summit of about 1000 feet existed on the left of our path, which was impassable, owing to the scarped por- phyntic rocks and its general ruggedness. This point I believe to be the lowest summit between the Caledonia valley and the Pacific, and in itself is a sufficient obstacle to place a canal of any kind utterly out of the question, even if no others existed. Arriving at the stream already alluded to on the western slope of the Cordillera, we waited until 10, A. M., the following morning, hoping that our five companions might rejoin us, but despairing of a reunion and feeling the impor- tance of pushing on as rapidly as possible, we followed the bed of the river, first leaving a note giving the names of the missing and directing them to return to the ship if they should receive my letter after that day. 444 EXPLORATION OF THE ISTHMUS. On the day on which that note was written they liad already commenced their return to the Cyane, which they reached in safety and never rejoined us after- wards. The small stream which we had first met soon led ns to a larger river, which proved to be the Sucubti, an important tributary of the Chucunaqua, utterly itinored by Mr. Gisborne in his engineer's report, by which I had expected to be guided. Until the 25th of January we followed this stream, generally wading in its bed as an easier means of locomotion than to cut our way through the dense jungle on its banks. Indians were almost always in our vicinity, especially at night, but never attempted an attack, although they burnt their houses and re- moved all their provisions and canoes as we advanced. Arriving at the Sucubti village, one of the most important in this part of the Isthmus, we found it unburnt but deserted, and on a shingle beach near to it, were seven canoes which had been recently destroyed, and so effectually that it was utterly impossible to repair them. Fording the river which had now become a con.siderable stream, with some difficulty, we met in the forest, near the other bank, five Im'iians who offered to guide us to the Savana. The leader of the party spoke Hpa»ish intelligibly and had been on board the C^ane, before we left iier in Caledonia bay. I determined to trust myself to their guidance, but took every possible pre- caution secretly to enable us to return to the river in the event that they should abandon us in the forest. We slept that night in a deep ravine, the Indians in- sisting upon returning to their habitations, but in accordance with their promise, they rejoined us the next morning, when we continued our march crossing two hills of the height respectively' of 800 and 600 feet. From the summit of the first we had an open view to the westward, the portion of country through which the straight line of Messrs. Cullen and Gisborne would have to pass, and we saw nothing but high mountain ranges. Soon after, we met several Indians belonging to the Chucuna tribe, the most hostile and perhaps the most numerous on the whole Isthmus. Their chief addressed a long speech to me, apparently opposing our passage, but as my guide and interpreter refused to interpret it, we remain up to the present time in profound ignorance as to its tenor. The march of this Any was the most painful which we had yet made and some of our party among whom were the Grenadian commissioners, were thoroughly broken down. At sunset we encamped on an island in a river about equal in the body of water to the Sucubti, at the point at which we had left it. Our interpreter was unable to give me its name, but it subsequently proved to be the Chucunaqua — the princi- pal river on the Isthmus. To my surprise and annoyance, our guide notified me on this evening that he must return to Caledonia bay, but assured me that his friends would guide us to the Savana, which we would reach in two days, and supply us with canoes, with which we could reach Darien harbor on the evening of the third day. His refusal to take a letter for me to Commander Hollins, did not increase my confidence in our new guides, and when, knowing that a large body of Indians were in the vicinity, I carefully stationed the camp guard for the night, it was with no very agreeable anticipation for the future. The next morn- ing we were eight days from the beach, and I was informed that some of the men were totally without provisions. Ascertaining the truth of this report, I ordered the officers to divide their food, which they had more carefully used, when we found that for the whole party we had provisions for only one day. Plantains and bananas were abundant in the vicinity of the camp, but the Indians would neither sell or give, and as I felt bound by my promise made to the chiefs on board the Cyane, 1 determined to await a greater emergency before supplying the party by force. Our former guide left us on this morning without taking leave, and refused all compensation for his past services, while the five new guides made their appearance armed with their bows and steel pointed arrows, which they use only in war — pointed arrows of very hard wood being only used in hunting. From the moment thej' appeared, I suspected them of treacherous intent and was not greatly surprised, when after leading us down the river about two miles, they led us olf into the forest by a path which led to the westward and aban- doned us. We continued to follow the path until it terminated at a deserted hut, when we countermarched and with some difficulty found our way back to the river. Here I called my first and last council, when it was determined unanimously by EXPLORATION OP THE ISTHMUS. 445 the officers, New Grenadian commissioners, and civil engineers, that it was most expedient to follow the river on which we tlicn were. We were inclined to be- lieve that the course of the river iiiicrht prove to be a tedious route to the Pacific, but were certain of one fact, that it emptied into Darien harbor, wliicli is the common receptacle of all the rivers in this portion of the Isthmus. The nearest route to our destination was certainly by tlie river Savana, but as it was in tlie height of the dry season, there was no probability of obtaining water in tlie in- tervening country which it would require some four or five days to traverse, as some of the party — especially the Grenadian commissioners — suffered very much from fatigue and sore feet. Having been abandoned by the Indians, there wa3 not the slightest probability of our obtaining canoes, and we would still have had a journey of some thirty or forty miles along the bank of that river con- stantly within the limits of tide water and among mangrove swamps where game would not be found, and where a half mile a day Mould have been good average marching. The character of the growth in a mangrove swamp placed the con- struction of a raft utterly out of the question, as the timber is invariably too heavy to float and support any additional weight. Even allowing that we had not been much reduced by thirst while traversing the space intervening between the two rivers, our position on the Savana without game or food of any kind, without fresh water, and without either canoes or a raft to enable us to reach Darien harbor, would I am confident have proved fatal to the great majority, if not all of our ])arty. These were the principal reasons which determined the council in their unani- mous decision to follow the river upon whose banks we then were, which would certainly lead us to our destination, though probably by a very circuitous route. From the ■2Tth of January, until the ?>]st. we continued to follow the banks of this river, subsisting upon plantains and bananas, which were found in deserted plantations along the banks. On the 31st of January in attempting to shorten our route by running compass courses across the bends of the river, we became separated from it, owing to an entire change in its course, and did not regain it until the od of February. As a large portion of the country which we traversed while separated from the river, was swampy in its character and liable to overflow during the rainy season, we were so fortunate as to obtain a su]iply of water sufficient to meet our wants. Some wild turkeys, smaller birds and a monkey, were killed during this period, so that although we were very short of provisions, we had sufficient to support our strength for marching and cutting our way through the forest. A small quantity of palmetto or cabbage palm and acid nuts from a species of palm, served to eke out our scanty supply of animal food. On the 4th of February, finding that the river was pursuing a northeasterly course, we halted until about meridian on the 6th, for the construction of a raft, which, when all the appropriate timber we could find was consumed, had suffi- cient buoyancy to support Mr. Truxton, whom 1 placed in command, the two Grenadian commissioners, Messrs. Hoggs and Kettlewell, and one of the crew of the Cyane. With the main body of the party I followed the banks of the river until nearly sunset, when the signal of distress called me to the raft which was some distance above us. To my great disappointment I found her progress checked by a large quantity of drift wood extending entirely across the river, and which would have required many days to remove. The depth of the water and the high scarped banks on eachside, placed it out of the question to take the raft to pieces and reconstruct it below, and I was reluctantly obliged to give the order to abandon it. From that day until the 12th of February, we continued our march, generally cutting our way through the thick jungle. Game was very scarce and we sns- tainedlife principally on the acid covering of the jialm nuts. Want of proper food began to t.ell severely ujion the physiqne of the ])arty and each day our marches became shorter. On the 12th we halted early in the after- noon on account of the debility of the Grenadian commissioners, not having made more than two miles. Feeling aware that we must all perish before we would probablj- emerge from the forest at this slow rate of travelling, I attempted to construct a raft which would have buoyancy sufficient to support three men, whom I intended to send down the river to obtain canoes and provisions. Cutting down a tree of the most 446 EXPLORATION OF THE ISTHMUS. Mioyant wood we could find, we discovered upon trial that though it would float, it would support no ndditional weifrht. and we were ajrain oblifced to abandon the projoct of a raft. On the next morninp;, (13th of February,) I called the party tocrether and stating my intention to advance in person in search of canoes and provisions, called for volunteer.?, and of some five or six of the stronoest who offered their services, sclefted Mr. Frederick Avery, (volunteer) Golden and Wil- son, two of the crew of the Cyane. Placinrogress in the Virago's boat, she was anchored and left in charge of nine men, while the re- mainder of the party embarked in canoes and prosecuted our journey up the river. The next morning a more flivorable disposition was made of our force, and the Grenadians, who are very skilful in the management of canoes, were ])laced in each to assist the English seamen. At the same time that I pay this justly merited tribute' to their skill and dexterity, I must condemn their cowardice and want of good faith, as they wished to return on several occasions, and were only prevent- ed by fear that force would be used to oppose it. On the morning of the last day of our ascent, they notified me that they would proceed no longer than that eve- ning. They were essential to us and should not have left without a struggle which might have cost many lives, but this was fortunately prevented by our overtaking the main party under Mr. Truxtun al)out sunset on the 2.3d of March. On the morning of the same day, we discovered the remains of the junior New Grenadian commissioner, Mr. Bernardo Polanco, lying upon the grave of his senior, ^h. Castillo, who had died and was buried by Mr. Truxtun's party. We buried him in the same grave and continued our journey. The main body when found were in the last stage of distress. Emaciated to the last degree by fatigue and starvation, not more than three or four could have reached the plantain fields, and none could possibly have regained the ship._ _At least four and perhaps five would never have been able to have left the position on which they were then encamped. Early the next morning we set out on our return and arrived at Yarvisa on the 27th of March. On the evening of the same day Philip Vermelyea, one of the crew of the Cyane, departed this life and was buried on the following morning (28th,) with the services of the church, alongside of his shipmate Parks. The Grenadians were paid off and discharged, when I hired a large canoe with an awning, to convey the party to Palma, a small village near the Boca Chica, or small entrance into Darien harbor, where I had ascertained that houses might be rented for our accommodation. They arrived the next night at their destina- tion, while I went on board the Virago to return my thanks to ("ommander Mar- shall, for the assistance which he had rendered us, and to make some arrange- ment by which our party should be rationed from his ship. Finding my party in pleasant quarters, with abundant supplies of all kinds, and assiduously attend- ed by the medical ofhcers of the Virago, I again left it in charge of Mr. Truxtun, 448 EXPLORATION OF THE TSTHMUg. nnd emViarked in a canoe for Panama. Upon my arrival I met Lieutenant Faiin- tleroy, of the Cyane. who, acoompanied by the Swedish consul at Panama, Mr. Charles Zachrisson, had made a search for our party on the river Chepo or Bay Ano. From Mr. Fanntleroy T obtained the necessary money to meet m}- expenses in tlie neigrhborhood of the Gulf of San Miguel, and to repay those who had so kindly advanced funds to me during my necessities; ari^ hearing of the arrival of the Cyane at Aspinwall, I immediately crossed the Isthmus to commnnicate with Commander Hollins. Setting out on my return the next morning after my arrival, I chartered a sloop at Panama and sailed for Darien harbor, with the intention of bringing up my party in case the Virago was not ready to sail. After a passage of four days, we met the Virago with the party on board, all much improved except Mr. A. F. Boggs, who was sinking very rapidly. Arriving next morning at Panama, he was landed at the American Hospital, where, not- withstanding all the care and attention which was lavished upon him, he died between 10 and 11 o'clock, that night. Mr. Maury and myself had remained in Panama to await the result of his illness, while the party under charge of Mr. Truxtun, had set out soon after their debarkation from the Virago. My object was to give them two days to cross the Isthmus so that they might not be unnecessarily fatigued. On the following morning, having made all the necessary arrangements for Mr. Boggs' funeral, Mr. Maury and myself set off, and having missed the regular train at Obispo, arrived at Aspinwall about 11, P. M., in a hand car kindly supplied and conducted by the railroad superintendent at Obispo. Early the next morning, I reported myself to Commander Hollins, of the Cyane, when we immediately got under way for Havana via Porto Bello. This, sir, ends the brief narrative of the Darien Expedition. For the details of our journey, I must refer you to my private notes, already deposited in the Navy Department. The map of the country which accompanies it, is only a rough compass survey, but I believe is sufficiently accurate for all practical purposes. I also accompany ray narrative by a copy of Mr. Gisborne's map, which will fully explain what might appear errors in judgment on my part, when you remember how highly this person was endorsed in England, and that I trusted implicitly to his official report. To Commander Edward Marshall, and the officers and crew, of the Virago, but especially to Lieutenant W. C. Forsyth, Assistant Surgeon William Ross, and Paymaster W. H. Hills, who accompanied me in ray search for my party, I address- ed a letter of thanks while in Darien harbor, and have been exceedingly gratified to learn that you had officially recognized their services as well as those of W. C. Bennet. civil engineer, to whom my party and myself are so deeply indebted. Any further action that might be taken by our Government to express its sense of the services rendered by these officers and men at the peril of their lives and health to aid our countrymen, would be most gratefully welcomed by my party and myself. For an account of the kind efforts of the Swedish Consul, at Panama, Mr. Charles Zachrisson, to discover and assist our party, I will take the liberty to refer you to a letter addressed to Commander Hollins, by Lieutenant Fauntleroj', dated Aspinwall, April 17, 18r)4. 1 would also respectfully beg leave to call your attention to the liberality dis- played by Mr. A. J. Center, Col. Totten, ard other employees, of the Panama Rail- road, who refused to receive any pay from me upon the occasion of my three transits across the Isthmus, or for the transportation of my party. For other acta of courtesy and kindness we were under many obligations to them, and when it is considered that the service upon which I w.as employed was, to a certain extent, antagonistic to their interests, I do not doubt you will recognize their magna- nimitj' and liberality. I would respectfully recommend the members of my i)arty to j'our favorable consideration, on account of their general good conduct and quiet endurance of the greatest privations. For endurance and thorough discipline under the most trving circumst!\nces, I feel assured that few former expeditions present a parallel. The conduct of Passed Midshipman W. M. Truxtun, and 1st Assistant Engineer J. SL Maury, U. S Navy, was beyond all praise, while their self sacrifice in pro- THE NAVY. 449 viding for the wants of the feeble, while they themselves were upon the verge o( starvation, is something superior to any commendation which I could bestow upon it Midshipman W. H. Garland, rendered to the other officers all the assist- ance which his own debilitated condition would permit. Those three officers I would respectfully recommend to the flivorable consideration of the department. My passing descriptions will give you a tolerably correct idea of the face of th« country, and the feasibility of the project of a ship canal route. The reports of Dr. CuUen and Mr. Gisborne, were not founded as they promulgated to the world, upon personal observation, and were found upon an examination of the country to be utterly incorrect. Instead of a summit level of one hundred and fifty feet, near the centre of the Isthmus, as stated by Mr. Gisborne, in his official report, the valley of the Cale- donia is enclosed by a semi-circular range of mountains, varying in height from about 3,500 to 1,000 feet. The lowest point, which is some five miles from Cale- donia Bay, is inaccessible and composed of primary rock of the hardest character. The project promulgated by Cullen and Gisborne, of cutting through in a straight line from Caledonia to a navigable point on the river Savana, a reported distance of thirty miles, is utterly impracticable, as it would involve the necessity of ca- nalizing two or three mountain ranges in addition to that A\hich encloses Cale- donia Bay. The important rivers Sucubti, Chucunaqua, and others which would prove formidable obstacles to a canal for ships, are utterly ignored by Mr. Gis- borne in his plan of a route. The shortest distance by which a canal could possibly be cut across this portion of the Isthmus, I believe to be about 53 miles, with a cutting of about 250 feet to which must be added the 30 feet necessary for the depth of the canal. My con- clusions are, sir, that the route between Caledonia Bay and San Miguel or Darien harbor, is utterly impracticable, and that sufficient treasure is not in circulation to meet the expenses of the work. For more satisfactory details, I will be obliged to refer you to the narrative which has been transmitted to the Navy Department for a thorough elucidation of this question. Hoping, sir, that though we were unsuccessful in discovering a route for a shij) canal, that our efibrts, and which only resulted in disproving a grand and attrac- tive scheme founded upon ignorance or imposture, will meet your approbation, I reihain, sir, very respectfully, your obedient servant, J. G. STRAIN, Lieut. U. S. Navy. Hon. James C. Dobbin, Secretary of the Navy, Washington, D. C. Abstracts. A. A list of deaths, resignations and dismissions in the navy, as ascertained at the Department, since 1st December, 1853, shows that, of deaths there were 31, of resignations 53. B. This is a report from the board of examiners on the course of instructions, dis- cipline, police, accommodations, health, &c., at the Naval Academy, at Annapolis. It speaks in the most commendatory terms of the proficiency made by the pupils in general in all the branches of naval education, and more especially of the senior class of acting midshipmen, consisting of six selected individuals, who have in three years accomplished the course of study prepared for four years. In all that pertains to the operations of this institution, the report expresses the highest de- gree of satisfaction. It recommends some changes in the regulations as to a fi^vr particulars, which have been, since the date of the report, June 19, 1854, partially adopted and acted upon by the Navy Department. C. This is the report of the commander of the practice ship, of his last cruise. The crew consisted of the second and fourth classes of the naval students. The ship sailed from Annapolis on the 20th of June, 1854, touched at Hamjiton Koads for supplies of wood, water, and provisions, and left the Chesapeake bav on the 28th of the same month. They visited the dock-yards of Plymouth, in England, and of Charbourg and Brest, in France, at all which places they were received 57 450 THE NAVY. politely and kindly, and had every facility afforded them of viewing and exam- ining those celebrated naval stations. While at sea they were exercised in every branch of seamanship, gunning and navigation, and the report speaks in the most favorable manner of the results of the cruise, and the advantages accruing to the pupils. D. This is the report of Commander C. H. Davis, who was detailed, some time ago, to superintend ihe preparation and publication of the nautical almanac. That for 1856 has already been published ; and more than 400 pages of that for 1857 have been printed, or are in the hands of the printer ; the remainder of the work is said to be in a very advanced state of forwardness. The preparation of the volume for 1858, is also already commenced. The report gives a most satisfac- tory account of the valuable services rendered by the several professors and ofiB- cers employed to assist the superintendent in this scientific work. E. Is the report of Lieut. J. G. Strain, in relation to a reconnoissance of the Isth- mus of Darien, given in full in the preceding pages. F. This is a report from J. H. Alexander, of Baltimore, who was employed by the department to institute a series of analytical inquiries into the best kinds of, and best means of preserving, alimentary substances for the use of the navy. The report is dated 17th October, 1854, and gives a brief account of the progress of the experiments which had, to that time, been made on several substances. No. 1. Estimates the sum required for the support of the office of the Secretary of the Navy for the fiscal year 1855-56 at $32,136; for the pay of the Navy at $458,550; for the transportation of the mail in ocean steamers $1,408,850; for the Nautical Almanac $20,880; for the southwest Executive building $6,515. No. 2. Is a letter from the Chief of the Bureau of Ordnance and Hydrography, trans- mitting estimates for the armaments of vessels of the navy, the naval observatory, and the naval academy for the fiscal year ending June 30, 1856, together with a report of the favorable results attending the course of instruction and discipline as now estiiblished at the Naval Academy. The estimates for the next fiscal year, shows a total of. $828,864 22 The amount appropriated for the current fiscal year for the same branches of the service, is 459,609 00 Or an excess of $369,255 22 The principal part of which is accounted for by the proposed armament of the six new vessels, the extension of the grounds of the Naval Academy, the erection of new buildings for the accommodation of the increased number of pupils, and the necessity of an iron fence around the grounds of the observatory, the pur- chase of nautical instruments and books, printing charts, &c. Annexed is a statement of the estimated value of stores on hand at the several navy yards July 1st, 1853, of articles received and expended from June 30, 1853, to Juiie 30th, 1854, and of those remaining on hand July 1st, 1854, which are under the direction of the Bureau of Ordnance and Hydrography. The amount on hand, July 1st, 1853, was $2,066,234 15 The amount received 418,131 61 Totil to be accounted for $2,484,365 76 E.xpenditures during the fiscal year 435,171 50 Leaving on hand July 1st, 1854 $2,049,194 26 THE NAVY. 451 No. 3.— REPORT FROM THE BUREAU OF YARDS AND DOCKS. This report exhibits the progress made in the improvements of the several yards and docks, and shows the necessity of further extension and improvement. The documents accompanying the report embrace estimates for the fiscal year ending 30th June, 1856, for yards and docks, for support of the Bureau, recruiting stations, ofHcers and others at j-ards and stations, improvements and repairs at yards, sta- tions, hospitals, asylums and magazines, amounting in the whole to $3, 227, 858 00 The appropriation for the year ending 30th June, 1855, was 2,364,472 00 Excess required for the next year $863,386 00 ■which is explained and accounted for in the report. No. 4.— REPORT OF THE BUREAU OF CONSTRUCTION. [Extract.] Number and Condition op the Ships of the Navy. The ships of the line, ten in number, were commenced about the years 1818 to 1822, and four of them are at this time on the stocks. The Pennsylvania, thd only three deck ship in the Navy, was launched in 1837, previous to which it was necessary to remove much of the work which had de- cayed during the sixteen yeixrs she had been on the stocks. This ship could not now be sent to sea Avithout being rebuilt; the frame of live oak being probably the only part that would be found in good condition, and which has a considera- ble value as it stands in place. The Delaware and North Carolina., launched in 1820, are likewise unfit for sea service, and require extensive repairs or rebuilding. The Ohio, launched about the same time, having been more recently rebuilt, is in a better condition, and might, at moderate cost, be made available for service at home. The Pennsylvania, Ohio, and North Carolina are at present in commission as receiving ships. The Columbus, launched in 1819, is of smaller dimensions than the other ships of the line, and therefore her services in time of war would be much i-estricted. She likewise requires to be rebuilt before she can again go to sea. The Vermont, commenced in 1818, and launched 1848, is the only ship of the line that can be at once made available for foreign service. The Alabama, Virginia and Neiv York, on the stocks since 1818, are about two- thirds completed in their hulls ; but a portion of the work already done must be renewed. These vessels being under cover, their deterioration has been much less than that of the ships afloat. The Neic Orleans, on the stocks at "Sackett's Harbor," was commenced in 1815, and is not half built. For several years the name of this vessel was omitted in the Navy Register, and it is probable she will never be of any service to the Navy. Steam vessels will take the place of sailing vessels on these lakes. There has been no ship of the line at sea since the return of the Ohio in 1850. The ships of war of all nations constructed about the period the ships above named were built, were designed with a view to numerous and heavy armaments, which arc continued far to the extremities of the ship. Whilst this is desirable in some points of view, it produces a form which is not so well calculated for speed ; yet these vessels combine many nautical qualities to a very high degree. The difficulty of converting sailing ships into efficient auxiliary steamers, arises from the want of capacity or internal space, and the change can be effected with greater success in large than in small ships. The additional weight required to be carried causes a greater immersion, and impairs their nautical qualities; but this can to some extent be remedied by reducing their rate. The Pennsylvania and the Columbus are the two ships which in this way could be most advantageously converted, the former into an auxiliary screw steam fri- gate, and the latter into an auxiliary spar deck sloop. The frigates on the Navy register are thirteen in number, of which two are at present on the stocks. The largest ship of this class, the Independence, was built in 1814 as a ship of the line, and in 1837 was converted into a frigate. She has been recently repaired, but upon her return from the present cruise in the Pacific will require to be rebuilt. 452 THE NAAT. The Constitution and United States were originally built in 179Y, but hare both been rebuilt many times. The Constitution was repaired in 1848, at a cost of $198,000. The United States was rebuilt in 1823, at an expense of $222,083, and again in 1832, at $208,148, from which latter period up to 1846, her repairs have amounted to $335,427. This ship has not been to sea since her return in 1849, and must be rebuilt at a cost equal to that of a new ship. The dimensions of both these ships are much smaller than those of the frigates they would have to encounter in the next war. The Brand 1/ wine, Potomac, Columbia, Cumberland, Savannah, Raritan, and St. Lawrence were commenced about the year 1821. These ships have all been exten- sively repaired several times, the cost of which is constantly increasing as they become older. To repair the Brandywine would, as in the case of the United States, be at the cost of a new ship. The Congress is a vessel of larger dimensions and in better condition than most of those just named. She was launched in 1841, as soon as completed, has been continually in service, and is at present ready for sea. The Saritee, commenced in 1820, and the Sabine, commenced in 1822, are the two frigates on the stocks. Under the act of Congress for building six steam fri- gates, these ships have been directed to be launched and equipped. The general principle upon which the aforenamed ships were planned was in a great measure that of the English ships of the time, with relatively sharp after ends and full fore ends, and not as the superior French ships of an earlier date. From the length of time the Santee and Sabine have been on the stocks, and the consequent necessity of removing many of the plank and some of the principal pieces, it has been taken advantage of to improve the form of the fore end, and there is no doubt but that the result will show that the constructors at the different yards where they are building have successfully carried out the views of the Department. These ships are ready for launching, and can be immediately fitted for service. Two of the frigates being represented as unworthy of repair, there will thus be eleven frigates afloat with which to keep seven at sea, but of the four in reserve there will be two that will require heavy repairs before they could be sent abroad. The sloops of war are twenty in number. The largest of these ships, the Constellation, was built in ITQT, as a frigate of the second class, and has been many times rebuilt. Being found altogether unworthy of further repair, she has been rebuilt as a spar deck sloop, and will be fully equal to the razee sloops of other nations. The Macedonian was also a frigate of the second class, built in 1836, and has been converted into a spar deck sloop. These two ships may be considered as among the most efficient in the navy. The Portsmouth, Plymouth, St. Mary^s, Jamestown, Germantown, and Saratoga were launched from 1842 to 1845, and are the sailing ships of the latest date that have been built in the navy. The repairs on these ships have already become very costly, and some of them will require rebuilding. The John Adams, Vincennes, Falmouth, Vandalia, St. Louis, Cyane, and Levant are generally old ships, some of them having been built in 1826, and others as late as 1838. In some cases the repairs of these ships have been very costly ; that of the St. Louis, 1839, being $116,205, since which there has been expended $127,845, and on her return she will require rebuilding. The Vincennes, in 1849, cost $99,861, the Vandalia, in 1849, the sum of $109,683. The remaining sloops of war, the Decatur, Marion, Dale, and Preble, are of a small class, and were built in 1839. Taking into consideration their size and effi- ciency there will be no advantage in continuing them in the service when they again require expensive repairs. The several squadrons requiring that 18 sloops of war be kept at sea, there will be but two ships available for any sudden emergency. It is now necessary when a ship of this class returns from a cruise, immediately to commence the repair, however disadvantageous the time or circumstances may be. The brigs, four in number, are too small to be of much service. To be efficient they should be of larger size. The steamers, that may be considered ships of war, are eight in number — of which the San Jacinto and Princeton are screw steamers, and the Mississippi, Sus- quehanna, Poichatan, Saranac, Michigan and Fulton, arc side wheel steamers. THE NAVY. 453 The Michigan is confined to Lake Erie, and the Fulton is only useful for harbor or coast sprvice. The Mississippi, Susquehanna, and Powhatan, will require re- pairs to their hulls, and most of them repairs on their machinery. Wheu this becomes necessary to an expensive degree in the Poivhatan and Susquehanna, there will be an advantage in converting them into screw steamers, and as such they will be more efficient than at present. The remaining vessels on the register can only be considered as transports or tenders. From the above statement there would be effective for foreign or sea service, 2 ships of the line, 9 frigates, 18 sloops of war, 4 brigs, and 6 steamers — that is, 39 ves.-iels of the 12 which appear on the register. With a view to a comparison between the tonnage of the navy and that of llie mercliant marine, the following st;itcment is given : In 1802, when the navy was re-organized, and the useless vessels sold, the total tonnage of the merchant service was 892,104 tons, and that of the navy 14,268 tons, or the l-62d part. In 1853, the total tonnage of the merchant service was 4,407,010 tons, and that of the 39 efficient ships above named as available for sea service is 48,903 tons, or the l-90th part. In addition to the ships before mentioned, there are at present in construction the six steam frigates authorized by the act of Congress approved April Glh, 1854 ; the steam frigate Franklin, rebuilding, is also of the same class. For the purpose of carrying out the act of Congress for the construction of six steam frigates, and launching and equipping the frigates Santee and Sabine, the further sum of three million dollars will be required. No. 5. Tliis is the report from the bureau of provisions and clothing. It begins with estimates for the service of the fiscal year ending 30th June, 185G, and states that the expenses of the bureau have not exceeded the estimates of the last year, and that sufficient balances remain on hand under all heads of appropriation. In consequence of the repeated failures of contractors to comply with their contracts, particularly in the supply of navy bread, the bureau recommends the establishment of a bakery for that purpose. It recommends, also, the appoint- ment of 16 additional pursers, to take the place of officers of other classes in the navy now compelled to do the duty of pursers. A, B, C, are the estimates mentioned for the fiscal j-ear ending 30th June, 1856. They embrace the balances and contingent expenses of the office, provisions for officers and men of the navy, freight, transportation, &c., in all $744,716. D — Statement showing the value of provisions, clothing, and small stores, on hand at the navy yards and naval depots or foreign stations, on the 1st July, 1854, the aggregate of which is $463,183 29. E — Statement showing the value of shipment of provisions, &c., to the naval squadrons on foreign stations, made by the bureau during the past fiscal year, amounting in the whole to $212,311 70. F — A statement of the provisions, &c., condemned, to the value of $44,204 38. G to N inclusive — Are abstracts of proposals to supply the various stores re- quired by the bureau. — Is a statement of contracts made during the year 1854. No. 6.— REPORT FROM THE BUREAU OF MEDICINE AND SURGERY. From this report it appears there were admitted into the several receiving ships and hospitals, from all the squadrons, during the year ending 30th September, 1854, patients to the number of 9,495, which added to the number remaining in the beginning of year, 414, made 9,909. Of these, 44 died, and 215 remained on the 30th of September, 1854. The report recommends the appointment of an additional numl)er of medical officers, and estimates the expenses of the Bureau for the year ending 30th June, 1856, at $43,791 00. 454 THE INTERIOR. No. 7.— REPORT OF THE COMMANDANT OF THE MARINE CORPS. The aggregate number of this corps on the 6th November, 1854, including ofiB- cers of every grade and privates, was 1,452. Of which number 1,035 were on sea duty on the 30th of September, 1854, leav ing 417 on shore for the supply of guards, sentinels, &c., at all the varions yards and stations. This report is also accompanied by estimates for the year ending 30th June, 1856, amounting to $323,233 94. V.-THE POST OITICE. On page 131 of this volume the reader will find the entire cost of the mail steamer lines, amounting to $2,623,010 29. The total amount of postage received by the same lines was $879,570 61. The •imount of letter postage on British mails collected in the United States and Great Britain, was $979,648 30. The statistical tables referred to in the report of the Postmaster General, contain very minute details, of value for purposes of legislation, and international ar- rangement ; but sufficient is stated in the report itself for the information of the general reader. VI.-THE INTERIOR. [Abstracts of documents annexed to the Report of the Secretary of the Interior.] REPORT OF CALIFORNIA LAND COMMISSIONERS. Various circumstances have retarded the prosecution of the labors of this com- mission. The character and extent of the claims are such that their adjudication involves much time and labor. They involve tlie title to an area of country larger than that contained within the jurisdictional limits of almost any one of the older States of the Union, and embracing the choicest parts of California, now the sites of villages and cities. A single case is mentioned in which the value of the premises involved is not less than $35,000,000. In the investigation of these cases under the national and civil law; under the Spanish law ; under the laws and decrees of independent Mexico, after the do- minion of Old Spain was cast off; under the acts of the Territories and depart- mental authorities of California ; under the militarj' rule which succeeded the conquest in July, 1846; under the anomalous authority, half civil and half mili- tary, which succeeded the close of hostilities and continued until the State organ- ization of California ; under the common law, after its adoption here in 1850 ; aad under the statute laws of the State, Avhich are applicable to all questions re- garding the more recent conveyances of the premises claimed. The commissioners are of opinion that all the cases pending can be adjudicated, and the records and transcripts completed within one year from the 4th of March next. FIRST COJIPTROLLER'S REPORT ON THE FEE BILL. As the contents of this report are chiefly matters of speculation and opinion, it does not fall within the plan of our work, the object of which is mainly to pre- sent facts. REPORT OF THE LAND OFFICE. The Report of the Commissioner of the General Land Office treats of subjects of so much interest and importance that we have given it a place in the body of the work, where it may be found at page 158. THE INTERIOR. 455 EEPORT ON INDIAN AFFAIRS. The same remarks apply to this document as to that mentioned in the preceding paragraph. See page 180. " REPORT OF THE PENSION OFFICE. This important document is also given in full. See page 206. REPORT OF THE COMMISSIONER OF PUBLIC BUILDINGS. This report shows that Mr. B. B. French, the Commissioner, had expended be- tween January 1, 1854, and June 30, 1854, $158,008 39, in payment of specific appropriations. It states that the east wing of the Patent Office is so far com- pleted as to be occupied by the Secretary of the Interior and the Patent Office, and that the work on the west wing is progressing rapidly. It gives particulars of repairs on the Capitol, the Potomac Bridge and the President's House. Of the improvement of the public grounds commenced by the lamented Mr. Downing, it states that the care of them was subsequently given to Mr. Brackenridge, and that they are now in a good state of improvement, and that many thousand trees And shrubs were to be planted during the autumn. It treats also of miscellaneous topics of merely local interest, and suggests the propriety of placing the salary of the Commissioner on an equality with those of other officers of similar standing. OTHER REPORTS. The substance of the reports of the Warden of the Penitentiary, and of the Superintendent of the National Hospital of the Insane, is embodied in the Report of the Secretary. THE PATENT OFFICE. The Report of the Commissioner of Patents will not he perfected for presenta- tion to Congress prior to the last of January ; but we are fortunately enabled to present a concise statement of its contents as rendered by the Commissioner to the Secretary of the Interior, on the 1st of November, 1854, and subsequently re- viewed and corrected at the Patent Office. The business of the Patent Office is now in a more satisfactory condition than at any previous period since the connection of the present Commissioner witli it. The number of cases undisposed of in the office on the first day of January last was reported to be five hundred and eighty-two. That number, however, was as- certained through an erroneous method of computation. By an actual count, the number of cases on hand at that time was ascertained to be eight hundred and twenty-three. A correct mode of computation was then introduced, so that the exact condition of the business of the office can hereafter be readily calculated from the monthly reports. This arrearage in the business of the office, though much less than it had been six months previous, was such that several months always elapsed after the making of an application before it could be disposed of. During the first three months of the year 1854, the increase in the business of the office was such that no sensible diminution in the arrearages was effected. In order to accomplish so desirable an object, it was deemed expedient to place several of the assistant examiners in the performance of the duties of principal examiners. In that manner the end sought has been attained. Instead of six principal examiners, each with two assistants, there have been, since the first of April, practically eleven principal examiners, each with one as- sistant. The number of applications filed during the year 1854 was 3,324; the number of caveats filed, 868 ; the number of patents issued, a little less than 1,900, or about double the number patented in 1853; the number of cases on hand and not acted on, January 1, 1855, 89. Applications are generally acted upon within a few days after they are made. The arrangement bj which thi.s result has been produced, I think should be continued as the only method of dis- posing of the increasing business of the office with the proper promptitude and despatch. 456 THE INTERIOR. About one year since, the Commissioner invited attention to the importance of several proposed amendments to the patent laws, which invitation is renewed. The amendments of most immediate and pressing necessity are those making pro- vision for talving testimony — those in relation to appeals, and those prescribing a new rate of fees. Many questions of great moment ai-e frequently pending before the Patent Of- fice, depending for a correct decision upon the testimony of witnesses, and there is no power provided to compel a Avitness to give testimony. The law allows any person who appeals from the decision of the Commissioner, to select which of the three judges of the Circuit Court he chooses before whom to bring the appeal. The chief justice of that court will probably never again be able to entertain an appeal, so that bringing an appeal before him is tantamount to its postponement during the twm of his natural life, and even after his death there may be some question as to whether the delay will be at an end. By an abuse of this law a case has been suspended in this manner for near two years, and is threatened with indefinite postponement, to the great detriment of the party who is probably entitled to the patent. The rate of ftes was fixed at a time when the real value of money was much greater in proportion to its nominal value than at present. The pay of the clerks and laborers employed in the office has been very much increased by Congress, and in various other ways the expenses of the office have been greatly augmented, while the fees have remained unchanged. In addition to these causes the force of the office has been considerably increased during the past year, in order to dispose of the accumulation of business above referred to. The expenses of the office have therefore been exceeding the revenues. The permanent augTQentation of the examining corps, or rather such a reor- ganization as will place all its members on a proper footing, is recommended. A bill was framed by the Senate committee at the last session of Congress, pro- viding for these and many other amendments ; or rather it amounted to a general reorganization of the whole Patent Office system, including the above named provisions as a portion thereof. The passage of that bill, or of some other which shall at least embrace the features above alluded to, is regarded an object of prime importiince to the proper administration of the affairs of the office. THE PUBLIC LANDS. 457 VII. -THE PUBLIC LANDS. Abstract of documents annexed to the Report of the Commissioner of the Gen- eral Land Office. INSTRUCTIONS TO THE SURVEYOR GENERAL OF NEW MEXICO. These detailed^instructions are issued in compliance with the 8th section of the act of July 22d, 1854. They are designed as an official guide to the Surveyor General in carrying out the provisions of that section, INSTRUCTIONS TO THE SURVEYORS GENERAL OF NEBRASKA, KAN- SAS AND WASHINGTON TERRITORIES. These are instructions to the officers named, giving them detailed information as to their authority, powers and duties, and have been already communicated to those who are chiefly interested in them. A. — Slatemeiit of Public Lands sold, amounts received therefor, and incidental ex- penses thereon, in the first half of fiscal year ending June 30, 1854. STATES. Gross amount of lands sold in the first half of the fiscal year. Am'nt rec'd in cash and Treasurer's receipts.* Amount received in forfeited land stooii and military scrip. "a a 'Z i) C 'ii s < paid into the V during the If of the fis- r. Acres. Purchase money. Cash. Forfeit'd landst'k Military land scrip. Amount trensut first ha cal yea Ohio 38, ,590. 48 45,961.27 527,898.43 560,194.71 21 7, 767.. 58 134,716.37 87,260.32 204, 692.. 34 98,693.97 44,669.33 777, 214.. 59 286,199.97 $75,780 74 .58,407 46 843,613 62 701,180 95 280,184 12 186,511 28 109,075 66 262,280 91 123,373 41 55,8,37 60 971,710 92 357,787 24 $75,780 74 58.407 46 807,707 34 700,905 95 280,184 12 186,511 28 109.075 66 2,54.958 82 $.3,7.57 92 .3,812 53 2.5,005 57 30,416 98 11,913 33 7,498 44 6,948 88 13, .345 43 7,7*2 05 1,937 46 18,373 67 13,215 22 16, .302 69 2,754 68 $75,047 75 47,745 44 Indiana Ilhnois Missouri Alabama . . . ,'5!607 16 .f35,299 12 275 00 793,741 67 638,794 80 2S5,,57.T 20 Mississippi. . Louisiana . . 147^8,')2 75 91,212 27 7,322 09 Q.')2,424 67 Arltansas. . . 123,373 41 55,837 60 933,470 50 339,046 43 88,448 01 Florida 47,179 38 Iowa Wisconsin... 't42l"o0 38,240 42 18,319 81 893,585 .56 313,248 15 Minnesota T 34,197.30 42,749 15 41,700 16 1,048 99 37.784 79 Grand total 3,058,056.66 4,068,493 06 3,966,959 47 1,028 16 100,505 43 163,074 8.=; 3,712,638 44 B. — [Last half of the Fiscal Year.] Ohio Indiana Illinois Missouri.... Alabama . . . Mississippi.. Louisiana . . Michigan Arkansas. . . Florida Iowa Wisconsin. . California... Minnesota T Oregon Ter. 49,0.55, 55,363, 571,011. 413,631, 141,655, 56,106, 50,262. 2,55,782. 66,870. 45,798. 1,718,757. 466,308, 8,5,409. 1,685, $76,305 69,701 929,144 517,6,55 179, 136 74,174 62, 828 324, .520 83,708 57, .31 2 ,149,034 584,674 106.760 2,082 .$76, 69, 889, 513, 179, 74, 62, 317 83, 57, 2.026, 574, 166 01 701 49 644 85 064 81 136 93 174 36 828 08 698 72 708 34 312 18 295 70 677 71 106,760 72 2,082 44 Grand total 3,977,678.41 5,217,040 525,033 252 34 }460 00 183,328 18148,863 39^4,754,948 95 $160 00 .50 00 tl50 00 $139 5: .39,3.39 84 4,590 8: 6,721 88 122.688 89 9,847 18 $74, 81. 888, 201^ 114. 95, 3:;o. 129. .57, ,625. 538, ,.526 ,040 58 * No Treasurer's receipts received. f This amount in Wisconsin refunding certificates. I Includes $150 in Wisconsin refunding certitiuates. 458 INDIAN AFFAIRS. C. This exhibit shows that 8,189,017 acres of public lands, (exclusive of the six- teenth or school sections,) were advertised for sale in 1854; that during this pe- riod there were 9,270,691 acres prepared for market and not advertised at the date of the report ; and that the plats of survey of 13,600,000 (including 6,000,000 returned and surveyed in California, Oregon Territory and Washington Territory) are expected to be returned in the year 1855. D. • Is a sj'nopsis of public lands advertised for sale since date of last report, and sTiows 8,190,017 acres under proclamation exclusive of school lands. E, F, and G, are estimates of appropriations for the General Land Office, the offices of the Surveyor Generals and for surveying the public lands in the several land States. H, refers to the report of the Surveyor Generals of the several land States, the substance of which, as far as it is of general interest is sufficiently set forth in the reports of the Secretary of the Interior and of the Commissioner of the General Land Office. VIII. -INDIAN AFFAIRS. Annexed to the report of the Commissioner on Indian Affiiirs, are one hundred reports and other communications from the difierent superintendents, agents, sub- agents, teachers of schools in the Indian country, &c., containing minute details of local interest. The result of the whole is stated so fully in the report of the Commissioner, that it is not necessary to make any particular reference to these communications. The same may be said of the papers accompanying the report marked A to H, inclusive, which are accessible in the documents at large to all to whom they are likely to be of importance. THE PENSION OFFICE. 459 IX. -THE PENSION OFFICE. The general results in the operation of the pension system are given with suffi- cient fulness in the report of the commissioner. Of the tabular statements annexed the following is the only one of suflicient general interest to justify its reproduc- tion in this summary. Statemeiit showing the number of pensioners in ike differeni States and Territories on the 30th September, 1854. States. 00 22 CO O) , ■t--'cqor m ^' — (^ 3 Total. Maine New Hampshire Vermont Massachusetts Rhode Island Conuecticut New Yorli New Jersey Pennsylvania Delaware Maryland Virginia North Carolina South Carolina Georgia Alabama Mississippi Louisiana Ohio Kentucky Tennessee Indiana Illinois Missouri Arkansas Michigan Florida Iowa Wisconsin California District of Columbia Oregon Territory Total 202 145 134 151 11 4*7 939 24 450 4 91 91 42 63 102 51 23 94 410 245 518 254 320 182 48 181 32 49 10 1 96 6 11 57 32 To 11 12 44 198 13 36 5,106 176 20 88,' 423 180 218 236 359 68 225 721 99 188 1 28 1 136 49 64 6 7 172 177 126 43 32 18 2 26 60 250 207 204 315 75 216 680 76 333 1 61 260 169 76 120 46 20 27 284 193 28 11 176 C2 21 81 9 20 12 1 60 722 635 686 951 178 564 2,674 220 1,045 8 194 608 410 211 331 121 52 144 946 702 1,005 450 542 278 73 303 44 73 97 14 227 "7 3,445 4,460 14,515 460 THE SMITHSONIAN INSTITUTION. THE SMITHSONIAN INSTITUTION. The ninth Annual Report of the Smithsonian Institution will be made to Con gress after the meeting of the Regents in January. The amount of the bequest of James Smithson, received into the Treasury of tlie United States, was $515,109 00. The interest on this fund to July 1st, 1846, was §242, 129 00. The annual interest is $30,910 14. This fund is regarded as a perpetual loan to the United States, for the purpose of founding "an establish- ment for the increase and diffusion of knowledge among men." The edifice which has been erected has cost about $300,000. Much has been done toward finishing and furnishing it during the past year. The financial affairs of the Institution are in good condition. The library, consisting principally of transactions of learned societies, is valued at $40,000; the i\Iuseum at .$30,000; the apparatus for original research and illustration at $15,000. Besides this accumulation of property, while the amount of the original bequest remains intact, there is on hand nearly $140,000 of the interest unex- pended. It will thus be perceived that there is at present an aggregate in pro- perty and monej' of more than one million of dollars. The completion of the building appears to have been delayed for two reasons : firstl}^, that the interior arrangements might be adapted to the wants of the Insti- tution; and secondly, that there might be an accumulation of the income. An application is now before Congress, asking that the amount thus accumulated may be received into the treasury of the United States as an addition to the principal. The Institution has published a large number of original memoirs, products of the ingenuity and research of citizens of the United States. Copies of these me- moirs, are sent to all the principal librai-ies and many other institutions of the old world, and in the United States. The seventh quarto volume of the series is now in press, and Avill soon be ready for distribution. In it is contained an account of the Effigy Mounds of Wisconsin. Several memoirs, comprising part of the eighth volume, have also been printed and partially distributed. The library has received 6,172 additions during the past year: by purchase, 920; by exchange, 3,642; by cojjy-right contributions, 1,610. The Institution has established, in connexion with the distribution of its own productions, an extended system of exchanges by which it is enabled to transmit to foreign countries, duty free, the works of American authors, and to receive the works of foreign authors in like manner. The Prussian Minister near this gov- ernment has just communicated to it the agreeable intelligence that the Congress of the Zollverein has entered into this arrangement, which now embraces all the civilized nations of the world. A large amount of information on the subject of Meteorology has been col- lected by the Institution, and will be published as soon as it can be reduced to form, and means shall be provided. A series of lectures has been delivered during the past year by le»arned and distinguished men. Three national associations have also held their meetings in the halls of the Institution, the American Agri- cultural Society, the American Association for the Advancement of Science, and the American Association for the Advancement of Education. The interior of the u])per part of the edifice is admiralily adapted for the accommodation of such bodies, containing a very large and convenient lecture hall, to the east and west of which are two rooms, each fifty feet square, twenty-five feet high, and well lighted. As it is probable that the proceedings of the Regents, during the month of Jan- uary, will be of an interesting character, their report for the last year is looked for with anxiety by both the friends and opponents of the present direction. It wiU not appear in season, however, to enable us to avail ourselves of its contents, for the first editioa of our work .INDEX. INDEX. A. ^fcademy, Military. See Military Academy. ^Accommodations — the want of, for the several bureaux., 44 iMccounts — division of, recommended 44 of disbursing officers of ttie army 79 American prisoners at Mazatlan — discharged at the instance of Com- mander Dornin 94 Apaches — the amendments of the Senate to the Arkansas treaty not yet assented to by the 190 Apprentices — enhstmentof boys in the navy recom- mended gg Appropriations — of the last session 15 Archives — what so called in the Coast Survey Office 239 Ardent spirits — evils brought upon the Indians by the traffic in . , '.,... 199 Arkansas — something necessary to ward off the impending fate of the Indians of, in consequence of the rapid disappear- ance of the buffalo 191 discovery of frauds in former surveys which require correction, delays the close of the business of the survey- or general of 168 Armaments of vessels, ^-c estimates for, from the Bureau of Ord- nance and Hydrography 450 Arms — improvement in small 76 Army of the United States — its services ; reforms recommended ; organization and increase of. . . . 17—19 abstract of documents accompanying the report of the Secretary of War. 436 (See Report of the Secretary of War.) Articles enumerated — tabular statement of the value of cer- tain, imported 427,428 Aspinwall — change mad.3 in the mail line between New Orleans and 135 Astronomical and magnetic observations — necessity of, in the coast survey 237 Australia Pioneer Line — of monthly packets, arrangement made with the, for the conveyance of mails between New York and Port Philip 138 B. Bache, Professor A. D. — abstract of the report on the coast survey, by 337 Balances — amount of, in the treasury July 1, 1853 33 estimated for 1854 32 actual, in the treasury July 1, 1854. . . 33 Baldwin, Thomas — agent of the Accessory Transit Com- pany of Nicaragua, appeal of, to Capt. HoUins, for protection ....... 304 replies of the American and British vice consuls to 305 Baltic Sea — letter from Mr. Jackson to the Secre- tary of State in relation to the trade of the 273 Banks — report of the Secretary of the Trea- sury on the increase of 47 Base line measurements — explanation of the phrase, in coast survey 237 Bedinger, Henry — instructions from the Secretary of State to, on the subject of the Sound dues 287 extract of a letter from, to Secretary ofState 293,294,295 Belgium — pending negotiation with, on postal arrangements 137 Blackfeet and other Indians — of the Upper Missouri, a council with tile, proposed to be held early next year 195 Borland, Solon — letter from, to the Secretary of State, giving an account of tlie outrage committed on him at Greytown 345 arrest of, at Nicaragua 343 Boundaries — between the United States and Mexi- co, by the 1st article of the treaty of Washington 373 Bounty lands — amount of acres granted for revolu- tionary services 215 number of applications for, under the act of February, 1847 216 number of applications for, under the acts of 1850 and 1852 216 whole number of warrants for, under all the acts 2I8 fraudulent applications for, detected. 219 Bounty land warrants — a table showing the present condition of the 161 Breadsluffs and provisions — statement of the aggregate value of, annually exported 425 British colonies — schedule of articles the growth and produce of, admitted into the United States free of duty 380 Buffalo— the, rapidly disappearing from the In- dian lands in Arkansas 191 Buildings — progress of, at the arsenals, &c. . 360, 361 C. California — private land claims in 143 encouraging aspect of our Indian rela- tions in. 196 462 INDEX. California — embarrassments tlirown in the way of the surveyor general of 169 California Land CoTnmissioners — abstract of the report of the 454 Camels and dromedaries — their introd uction recommended 62 Canals of Canada — free navigation of the, granted to citi- zens of the U. S. by the reciprocity treaty 360 Capitol — notice of extension of the 83 abstract of Captain Meigs's report on the progress of the extension of the 436 Cettsus — compendium of the Seventh 151 Central Jlmerica — affairs in 297—321 Central American question — diplomatic correspondence and legal opinions upon 322 — 344 Checks — on quarterly returns, the Postmaster General 's remarks upon 128 Cheboygan district — sales under the law organizing the, require confirmation by act of Con- gress 169 Cherokees, Creeks, Choctaws, and Chicka- saws — gradual improvement in the condition of the..:. 192 the political separation between the two latter tribes not yet adjusted... 193 Cheyennes, Jlra-pahoes, and Siouw — starving condition of the, in conse- quence of the scanty supply of buf- falo 191 the colonization of them suggested as a means of preservation, &.C 192 Chief Engineer — abstract of the report of the 438 Chippeuas — unfortunate situation of the, in Mich- igan 180 unwilhngness of the, in Wisconsin, to leave their present residences.. . 182 of Minnesota, unwilling to cede any portion of their territory west of the Mississippi 182 Choctaw schools — want of means for the full accom- plishment of the system of 193 a suggestion that the unclaimed " or- phan fund " be appropriated to that object, as desired by the tribes 194 Civil List — usual and ordinary expenditures for the fiscal year 1854 34 Clarendon, the Earl of — his instructions to Mr. Crampton on the subject of the Greytown atlair. 325 letter from, to Mr. Crampton, on tlie subject of the treaty of 1850 327 letter from, to Mr. Crampton, on the conduct of Capt. UoUins, and on the Mosquito country 334 Classification of lands — the work of, necessarily tedious and "'" slow 179 Clayton, Hon. J. M. — letter from Reverdy Johnson to, com- municated to the Senate in support of his construction of the treaty with Mr. Bulwer 337 Clerk— of United States court in District of Columbia , 150 Clerks— increase in the number of, recom- mended 43 advantages of the system of classifi- cation of 53, 54 complimentary notices of the, in the Land Office 160 Coast Survey — progress of the 49 duties performed in the office of 239 present extent of the 240 list of discoveries and developments in the, for 1854 241 field-work in the various sections of the 242 Coffee— reduction of the Danish Sound duty on 277 Columbia, District of — President's former recommendations renewed 24 inquests in 24 clerk of United Slates court in 24 costs of criminal complaints in 150 improvements in 151 national hospital for the insane..'. .. ■ 153 penitentiary 153 Columbia, the — flag-ship of the Home squadron 85 Commanding General — report of the, on the state of the army 436 Commerce — magnitude and extent of our for- eign 3 Commerce and Navigation — the Register's report of, commended. 44 statement of the, of the United States 431 to 435 Commissary General — abstract of the report of the 438 Commissioner of the General Land Office — report of the 138 Commissioner of Customs — abstract of the report of 415 old balances on the books of the 416 Commissions to postmasters — the Postmaster General's remarks upon 125 Comptrollers, First and Second — abstracts of the reports ot.. 415 old balances reported by the 415-416 Computations — two sets of, made in the Coast Survey Office 239 Construction — iibstract of the report from the Bureau , of 451 Contracts for steam machinery — for five of the frigates made with pri- vate establishments 97 Contracts, lettings of — in the Post Office Department 114 manner of awarding in the same de- partment 119 enhanced prices demanded 126 Cotton — quantity and value of, exported an- nually 425 Council Bluff agency — ^tipulation to urotect the Omahas of the, against the Sioux, &.C 186 Courts of the United States — terms and places of holding them.... 150 report of First Comptroller on this and kindred subjects 151 Crampton, John F. — British minister, letter from, to the Secretary of State 322, 324 INDEX. Crops- failure of the Indian,{n Nebraska and Kansas, from drought 185 application of the money annuities recommended for the purchase of supphes, &c 186 Costs — of criminal complaints in the District of Columbia 150 Cunard line of steamers — amount paid by Great Britain to the, compared with that paid by the Uni- ted States to the Collins line 134 Custom-houses — selection of sites for 50 Customs — receipts from, for the fiscal year 1854. 33 Cyane, the — mission of the 6 in Caledonia bay .*. . 87 atSanJuande Nicaragua 88 out of commission 89 (See Hollins, Commander.) D. Darien — exploration of the isthmus of 87, 442 Defences, seacoast — policy of continuing them 75 their design and importance 76 De VHuys, M. Drouyn — his letter to Mr. Mason on the ex- clusion of Mr. Pierre Soule from France 28 Denmark — the Sound tolls ; notice of an inten- tion to terminate our treaty with, recommended 7 diplomatic correspondence respecting the Sound dues 273 Discipline — of seamen in the navy 99 Dobbin, J. C, Secretary of the Navy — report of 85 reply of, to the report of Commander Holhns 312 letter from, to Commander Dornin. ., 313 letter from, in reply to the second com- munication of Commander Hollins. 316 letter from, to Commodore Newton, enclosing the letter above mention- ed • 319 letter from, to Commander Hollins. . . 361 Domestic produce — summary view of the exports of. .429, 430 Donation claims in Orc/iOn — instructions not complied with in transmitting certificates of, to the Land Office 166 Dornin, Commomder — in command of the Portsmouth 93 suppresses an unlawful expedition on the Pacific 93 procures the release of American pri- soners at Mazatlan 94 Dulany, Commodore — in command of the Pacific squadron. 93 Duties — the Secretary of the Treasury recom- mends a reduction of 39 Dyewoods — the new Danish duty on, in American vessels trading in the fialtic 277 E. Electrotyping — high perfection of the art of, in the Coast Survey Office 239 Etsinore — list of American vessels passing the Sound at 279 specification of ships of all nations that have passed, to and from the Baltic, for seven years 280 Embezzlement of bullion — examination of the mint at Philadel- phia, consequent upon the 51 Estimates — of the last session 15 for tlie year ending June 30, 1855. . 34, 35 for the support of the army 61 navy and marine corps no of probable receipts and expenditures in the Post Olflce Department for the current fiscal year 127 Executory contracts — necessity of prohibiting under severe penalties, and of declaring null and void by law all, made by Indian tribes with claim agents, &.c 204 Expansion, territorial — of the United States, how regarded by European powers 3 Expenditures — actual andestimated, toJune30, 1854. 32 actual, for the same period 33 estimated, for the year ending June 30, 1855 34,35 naval, for the fiscal year 110 of the Post Office Department 120 of judicial officers and for judicial purposes.. 149 in ditail of the several depart- ments 383 — 388 total, and balance in the trcasurv July 1, 1854 .■ 388 Expenses — of Indian wars 60 Experiments — by the Ordnance department 77 Exports and imports — tabular statement of. . 391,392; 410— 41 J F. Fabens, Joseph W. — commercial agent at San Juan de Ni- caragua, letter to, from the Secre- tary of State 350,351 letters from, to the Secretary of State 353, 355, 358, 359 Fee bill— notice of the First Comptroller's re- port on the 454 Fifteen-mile limit — table showing the quantity of land .sold within the 177 Fifth Jiuditor— abstract of the report of the 414 Finances — report ofthe Secretary of the Treasury on the state of the 32 Financial condition — ofthe United States 14 Fines and deductions — amount of, during the past fiscal year. 139 Fire-jrroof buildings— recommended for the departments. . . 151 First Jiuditor — abstract of the report of the 413 Fisheries — on the coasts of the North American provinces, recommendations in re- gard to 6 Fishing — right of, on the British coasts of North America, secured to the United Slates by the treaty of Washington . 378 464 INDEX. Flenni':en, Mr.— extract of a letter from, to the Secre- tary of State 281 instructions of the Secretary of State to, on the subject of Sound dues. . . 282 Florida — arrana;einents for organizing a new land office in the southern part of.. 166 surveys closed on the line between Alabama and 168 Florida Indians — removal of the 56 Ford, Capt. Thomas H. — relinquishment of his invalid pension, by 213 Foreign Affairs— negotiations with Denmark 27J— sab Sute of intercourse with Central America 297-320 Foreign intercourse — amount of expenditures on, for 1854. 34 Foreign mails — statistical information on the subject of, referred, &c 139 Foreign merchandise — table showing the value of, imported, re-exported, and consumed annually 425 Foreign Powers — complaints of, in regard to the affair of Greytown 14 Fort Laramie — massacre of Lieutenant Grattan and his men by the Sioux 197 Fourth Auditor — abstract of the report of the 414 Prance — relations with ' Free goods — remarks of the Secretary of the Treas- ury on 40 Free ships makejree goods — the bill considered 3 views of Russia on this subject 4 of the King of the Two Sicilies 4 of the King of Prussia 4 the principle recognised in the 1st ar- ticle of the treaty between the United States and Russia 371 French consul — at San Francisco 7 Frontiers — extent of our 59 Fulton, the — of the Home squadron 86 Fusible alloys— report of experiments in 424 G. Gadsden, Mr. — conveyed by the Fulton to Mexico... 86 General Council — a, recommended, ofthescmi-civilized tribes of the southern superintend- ency and the wild tribes of the prairies 199 General Land Office, report of the Com- missioner of the — number of acres surveyed for the year ending 30th of September 158 quantity sold for cash and located with warrants 158 number of patents written and re- corded during the year 159 other business of the office performed during the year 159 ooinniendatory notice of the clerks.. 160 tabic showing the present condition of bounty land warrants 161 General Land [Office, report of the Com- missioner of the — table showing the grants to each of the States for internal improvements.. 162 grants to railroads and canals 162 number of acres withdrawn from market in anticipation of grants. . . 163 notice of the grants of swamp lands 163 Virginia revolutionary bounty land claims 164 suggestion as to proper allowances to land officers 165 return of certificates for donation lands for want of proper accompani- ments, required by instructions .... 166 the surveyors general of Kansas and Nebraska instructed and despatched to their respective duties 166 appointment and instruction of land • officers for Washington and Oregon Territories 166 reports of the several surveyors gen- eral 167, 163 confirmations required to sales made in the land district of Cheboygan, in Michigan 169 necessity of an act of Congress to render valid certain sales under a misapprehension of the relief laws. 170 remarks on the security of titles, and necessity of an act of limitation in relation to surveys and sales 170 the aid given by all the States to edu- cation by donations of public lands, recommended to the consideration of Congress in reference to the city ot Washington and District of Co- lumbia 171 defects in the law to graduate and reduce the price of the public lands to actual settlers and cultivators. . . 171 remarks on the pre-emption clause of the law 1"2 origination of the present land system. 173 examination of the change made in this system by the graduation act. . 174 comparison of the benefits to the old and new States respectively, under the present system 175 the true policy of the land system.. . 176 tabular statements showing the quan- tity of land sold, &c., within the six-mile limit and within the fifteen- mile limit 177 amendments in the graduation law* recommended 178 progress in the classification of the lands 178 Gcrni, Commander — ill command of the Albany 86 Gold ami silver currency — advantages of, maintained 48 Graduation jirinciple — o|)eration of the 140 Grants of land — fwr iriilitary warrants and Virginia scrip 141 for railroads 141 to each of the States for internal im- provements, a table exhibiting the present condition of the 162 Grattan, Lieutenant — melancholy fate of, near Fort Lara- mie 197 Great Britain — reciprocity treaty between the United States and 378 Great Ncmahaw agency — salutary change in the habits of the tribes of the 186 INDEX. 4()5 Greytown — reference in the President's message to 10, 12 political organization of 297 arrival of the Cyane, and subsequent occurrences at 301 visit of tlie British war steamer Gey- ser at 313 views of the administration in relation to the conduct of Commander Hol- linsat 31C bombardment of 36"i Guadalupe Hidalgo — provisions of the 6th and 7th articles of the treaty of, rendered nugatory by the treaty of Washington 375 H. Half-pay pensions for five years — enumeration of the acts granting.... 009 the number of pensioners entered on the lists under those acts 210 Harding, J. D., Queen's advocate — letter from, to the Earl ot Clarendon, giving his opinion on Mr. Clayton-s construction of the 1st article of the Clayton and Bulwer treaty.... 322 Hassler, F. R.— the United States coast survey com- menced under 237 Hemp — American water-rotted 110 History, ^'c, of the Indian Tribes — the last volume of the, now in the press 200 Hollins, Commander — in command of the Cyane 87 in Caledonia bay ". 87 bombards San Juan de Nicaragua. .. 88 letter from, to the Secretary of the Navy, giving an account of the state of things at Greytown 301 correspondence of, with the mayor of Greytown 304 proclamation by, in consequence of an assault upon an American citizen 311 letter from the British vice-consul to, applauding the same 311 letter from, to the Secretary of the Navy, giving an account of the visit of the Geyser, &c 313 Home Squadron 85 Hudson Bay Company — un appropriation for efteeting an ex- tinguishment of its rights to the navigation of the Columbia, and other possessory rights, recom- mended by the President 6 Hydrography — the application of, to the operations of the coast survey 238 I. Illinois and Missouri — rapid progress of the surveyor general of 167 Importations — the great excess of, over exportations, accounted for 37 Imports coyisumcd — table showing the value of 425 Itnpro vements — in small-arms 76 rivers and harbors 80 Increase — of the pay of army otiicers, recom- mended 60 of the navy, recommended 95 59 Independent Treasury — favorable operations of the 48 Indian Affairs — number of communications annexed to the report of the Commissioner of 458 Indian affairs, report of Commissioner of — the reumants of the iouthern supcrintendency urged upon Con- gress 199 investment of the Indian fuird in Uni- ti;d States stocks reconmiended.. . 200 the fifth volume of the History, &e., of the fiidian Tribes, in press 200 claim-* of Indians for bounty lands for military services 200 binds of strolling Indians in the west- ern States and Territories 200 projected speculation discovered on the claims of the Menomonees.,.. 201 means taken to defeat the same, and secure justit^e to the tribe 202 dismissal of one of the sub-ngeiits for concern in the attempted fr:>ud.... 203 imemperale and demoralized habits of Osh-kosh, the principal chief. .. 204 similar speculations not confined to the Menomonees, hut a general and growing evil, wliieh ought to be lemedied 204 suggestion of means in some meas- ure to put a stop to it 205 Indiiiii — atrocities 16 collisions and depredations 56—60 hidiuns — Florida 56 Indian trihes — treaties with, annuities, agents, con- dition, crops, hunters, coloniza- tion and civilization 154 — 157 till' claims of the, upon the gov- crnmint, lor protection, strongly urged ' 205 Inquer.ts — in the city of Washington 150 Inspectors of steamboats — losses reported by the, &c 52 report of tile board of supervising 4Q1 Iideriar Depurtmcnt — amount of expenditures in the, for the fiscal year 1854 34 abstracts of doeuments annexed to the report of the .Secretary of the 454 Interior, report of the Senetury of Ihe — business of the General Land Office ; operation of graduation principle.. 140 surveys and sales ol last year. . . 140 — 141 land granted to satisfy mi'itiU-y war- rants and Vii-ffinia scrip; grants of land for railroads 141 proliibition on public officers in the purchase! of lands reeommended ; priv.ite entry of swamp binds 142 private land claims in Californiii 143 I'en^ion Uureau — omissions and ine- qualities in the pension laws; in- crease in the aafffcgati^ amount of pensions; changes in tlie laws and in theirexecution recommended. 143 — 145 invalid pensioners 145 Interior, report of the Secretary of the — modification of the acts liniiting to two years prosecutions for frauds in j)ension and land-warrant cases ; necessity of a revision of the pen- sion laws 145 clerical force of the department ; ledgers and books ; funds with dis- bursing agents 146 Mexican boundary survey; north- west boundary ; Territory of Wash- ington , 147 Patent Office — amendment of the pa- tent laws ; reorganization of the ex- amining corps 148 law department recommended ; ex- penditures of judicial officers, and for judicial purposes 149 inquests in the city of Washington ; clerk of United States court, and costs of criminal complaints, in the Ijistrict of Columbia; terms and seat- of United States courts 150 report of First Comptroller on this and other subjects; compendium of seventh census; improvements in the District; fire-proof buildings for the departments recommended.... 151 public grounds and government lots in the city of Washington ; Little Falls bridge 152 national hospital for the insane; pen- itentiary of the District 153 chief clerk 154 Indian treaties, annuities, agents, condition, crops, hunters, coloniza- tion, and civilization 154 — 157 Internal improveinents — President's objections to be made the subject of a special message 23 special n»essage of the President, with iiis objections to the bill making ap- propriations for, &.C 220 the constitutional power of, argued .. 221 International relations 1 Inter-oci.-anic ccmimunication 9 Invalid pensions — number i>laeed on the list for, and annual sum p\id 211 voluntary relmquishinent of", by two officers of the Mexican war 212 Investtnent of Indian appropriations — in stocks bearing interest, the policy 01", suggested lor the consideration of Conuiress 200 Iron war steamer — constructing by K. L. Stevens 109 Iruin, Mr. — extract of a letter from, at Copen- hagen, to the Secretary of State. 278-280 Isthynus of Darien — reference to the passage of the, in the President's message 9 report of Lieut. J. G. Strain, in rela- tion to a reconiioissance of the 442 J. Japrn — reference to the expedition to, in the President's message 8 expedition of Commodore Perry 91 treaty with '. 91 Johnson, Rcverdy — late Attorney General of the United States, btler from, to the Hon. J. M. Clayton, siviiig his opinion on the construction of the treaty of 1850 337 INDEX. Jiuli;es Of district courts— salaries of, inadequate i.n Judicial csttiUuhment— ^^^ 467 Liahilily — Kansas — no report yet received from tlie «iir veyor general of. ... . "^ ,p„ convention witli tlie tril)es'in"the"i';;- price stipulated for theVmiiun ianrlVi,"i iKa an^earlystuveyof thelan's';"'-;;;-''' executive poww aiid a'uthoj'iVy'/ho;' ^^~ to be exercised ^' q^^ elections in, how to be conducted' .' " ' 5^4 no officer, soldier, seaman, or marine" . &C-, entitled to vote... ofi=; judicial power of said Territo'ry. .' .' .' " ' ofiS proviMons of tlie act concerninff fuVil tives Iroiu justice or slavery ex- teii'led to ofis salaries of the several oliie;^ of s'aid 1 crritory _ _ ^ , Fort Leavenworth made 'tii'e Vc"aV of Sovernment of. . . '"'"ihf^lV *^'"'^''*''' *''om; howto"b; the question of slavery VnVleVt 'to of the United States under the treatv o:.^ji::i'>'T^H'''«'«">re„;;:vnn;-: ^,=^';^';^;';_';^tl"' treaty of U-ash Li^t- house Board— , abstract of the r Lighthouses — 375 port of the 42.3 ''uleCr"'°""''''''''^'^»'"-''y "'^r."r^°'o??!r'"'""""''"^'"^'''- '! Limitation — 22i the necessity of an act of, in r. lation appropriation for completin" ^ c*,. ^completing, on or,gh.ai the prevalence of siekne.ss in, inter fered materially with Held opJia. ]ry> plan.. 152 16H M. 270 270 decision of the inhabitants 271 Labor — a stati.stical table showing the amovni naval, at Brooklyn ,,1 Lake Michigan— ^ right of navigating, secured to British Land- ''"'^'' ^ ''"^ '■'^•^'Pf^'-ity treaty... 380 quantity of, sold, located, granted, &c. 158 tlie number of patents l^.ue.l durin^ the year under the various laws k^q quantity of, withdrawn Irom marke't ui anticipation of grants int Land Office, Generals ^ ^^^ business of the ,.„ notice of the report of'ihe'com.'nVsl sionerot the " .-, Land officers— ^-^^ propriety of making provisions to re- eonipense the, for thegreat increase ot their business igr intiuctions transmitted " to "t'h'o'se" of Land SS-"" ^^^'''"«'°»T-ritories 166 origination of the 2-3 pr«.sei,t operation of thej ' c'o'n't'rasted with lormer periods 1-4 .n.parative results of the, to 'the old 175 uggested 176 Mail lines — result of propo..als for e.tabhshment Mail steamer iines— "^ MaUsT'"' '"'' '"■' '" ^'"''"■'^ States 454 MaJ^J^ZeT-'^ "' transportation of... 113 grean-ncrcase in the export of Ameri- Marai, mn. '£'.— ''1 letter from, to Mr." 'I'n'ge^so'll, on the su.jectsofthe trans?,e,ion.sa S;m Juan and the title of the M, 287— S93 subjects of the transaetion.s I Jua-i and Uie title of the Mosqnito Marine Corps— •'~'^ Its increase recommended.... im "''^'Tf^^f !^"i'"p"" "'■ the ■;;,;,;: ""^ Mart niandant of the. hment... rtin, E7igincer-in-chie/'— '' Jiis visit to Europe..... „. Mason, John V. ^^ letter.s to Mr. Marcy and M. Drouvn de I'Huys, on the exclusion fro, France of Mr. Soule ,. 05 ^, massacre — ~'' — ■'" ofLiout. Grattan'sdetael Jlutl/icirs, Lieutenant lost, with fliirteen of the creu- of ,h, Plymouth Mayo, Commodore — in cmimand of the African squadron, checksthe slave trade.... Medicine and Surgery abstract of the report from the liurean Menomonees — 197 91 89 453 con and new States.".! the true policy of the, Lands — La Plata-^ ''''°"'' ^°' *'"' '"'''^•'" ^^'^ l^^^- =3 navigation of, secured to the United states g Law Department— revenue from, to the Post Office 123 exchange of lands with the jsi d.^teetion of a desperate ..cheme'io delraiidtlic, and ibe tr.'asurv 0,1, "'n;a;t;;;':'!:'::'.r:!'::^''"' '•-■""---'!! Mexican boundary— ' *:urvey of, recommenced. 11- Mexiro — '■'' "s'^'i'T"''^''* '"' '" ""^ '''■''■-^i'lenfs mes- pvogre.ss of po.st'al'an'anion'.en'ti'wilh" rj! copy ,^ the treaty between the Uill: ,,. . . t*'" States and the republic of Michigan — sub.stance of the report of the surveyor g,„ flourishing condition of the, m tne Central superintendency Money remitted by mail— remarks of the Postmaster General on the subject of '^^'' the registration of money letters rec- ommended vy"'i' Moneii stipulated to be paid to Mexico, by the' third article of the treaty ot Wash- ington Monthly settlements- beneficial effects of Mormons — . complaint of the, against the Sioux encamped near Fort Laramie la Stortar — . , experiments with a view to provide a, for throwing a line to vessels in dis- tress ' Mosquito territory— Lord Clarendon asserts the title ot 421 187 375 44 50 the, to certain boundaries 327 McConnell, Captain John I.— relinfiuishment of his invalid pension by. 213 N. Nautical Mmanac— reference to the .-.. ••• ^" abstract of the report of Commander Davis on the progress ot the -JoU Naval Academy at Annapolis— abstract of the report ot the Board of Kxamineis for the ^^^ estimates for the service ot the 'i^^ Navulforce — _ in peace „_ actual condition of our »' Naval Observatory- mn achievements of Lieutenant Maury. . |ua wind and current charts loa estimates for the ^au Navy, report of the Secretary of the— vessels, commanders, and cruises of the Home squadron °^ survey of the bay of Samana 85 exploration of the isthmus of Uarien . . i* V. report of the Secretary of the— "g'"■'-•« t" '- jiidi.ml power of.'how cVnsVit'uteVi: '. '. 256 ''■-aeo,,cerning,ugitives,&c.,e.x- ^ 258 tlie governor and legislative council to locate and establish the sea of government sc.ii oi '^'cS'™'": '" co,;g;;;s;h;;c,"to-b; Nebraska and Kama's— ~^ an act to organi Neutral property/- ''"from"7'V'"P'' '*«""'» ''e exempt troni confiscation... ^ r, not subject to contiscation*;' "li^st'.i^'i- ceo the treaty between the Uni- te.i States and Russia n^, Acutraln^/Us '••• "" } '^ New Era"— ^ remarks on the disaster to the ^n teuton, Comvwilore— '^ "' ""^ -^0 AW«l:T'r!f '"' "'■ ""^ "•''ne squadron . . 85 j.\itaias;ua Company offers Of the, for carrying the mail be- ^.c.,5rS^:-.^i;X!^'"-.a...l33 difficulties between tlie,"and the settle- "'delav^'' 'f^'^'-'' »"d I'arked without Omahas — stipulation to protect the, against the n,,.,- / "r\?,"'' """'■■ ''°«t''« tribes. . . ]8(J 0«ei*« 01 Wisconsin, hope expres;;d of pay of this department of the army fi'J "'offiee'C' '™"^'"'"'^'' to the land "?rcei ved'f.'r'^'^ °''" ^"'""^' '°'''""t Ore<40n a,id IVasMngion 'Territories— "" preparatory measures lor holdin.. a ecmncil with the Indians of, ..." 1% Organization of Territories- an act of Congress for the. . . o-,o Usages, Pau nccs, ^c ~ annoyances and depredaiions on eini- O.y^-.o^r'^^''^""^ 191 principal chief of the Menomonces, demoralized habits of... ' .i„4 Ottawas a,ul Chippeu;ts in Miehi^iiV.'uii- Jortunute situation of the jyo 166 169 P. Pacific Mail Steamship Comnam,- changes made in the oflers of the Nicaragua Conmanv " vu Pacific and Mississippi— ' ^ '"'■! pressing necessity of a commiinicalion l)otween the, becoming daily more apparent " ^ ' '^ ,.^ Parker, Commodore F. Jl — ^ ^ letter tirom Vice Admiral Sevmour to ^fl8 mended; reorganization of the ev- amining corps ..^ '':^^:^o[[|;r^""""'''-^--'- Patents — "1^^ '"thew'aj'''' "'''"'''■'"'''''''''•' '^'''"'" Pay— • 159 of army officers p, ol ordnance V" Paymaster General- abstract of the report of the ^-ik Payments J or Indian lands— in the new territorit s, mode of 184 Pension Bureau— "^ conducted with order and regularity Pension laws — r, "■'■'!_> , 143 omissions and inequalities in the.... M4 cliaiigisin ilinn and in their execu- tion rc-oniinendfd I4-)_14-. modiliealionofthca.thmitingiolwo jears pio,s,.,.,itions li.r frauds in pen- sion and land-warrant cases recom- 1-17 Pe mended .. " Uws"^ "f revision of 'the pension Pension Office general results in the operation of tlie pension sy>.tein, with a tabic fusions, report of the Commissioner 'o'f- I. Kevolutionarv pmsions— number of such „„ ,|,e lisf-nnmbrr adnuKcd under Hie act of 18;i2_tlie niiiMhrr paid ilnrjng the veai-no' pensioner under that act ii'ow upon annual payments' VimVe'r* 'tliV 'aet " o'f ibJb_numberof pension.Ts now on till' hst under that aet-niiinber of appheations under llie act of 18;iS_ annual p,jv iiieb-r the saine-nnm. bero,,,,,,,|,.;,„„ns under the a,-tsol 1843 and KS.I4. and ■•innnal pay under H4^"~ ','■""" '""'•■r tl'c actsor 1848— number paid during the year mider the acts of February and July, ni.iMijer of 'apidi;;;,;,;;,;" ;,;•;;; ;;,;;;;; ■ Ol F.bniary, IHVi, and varlv sun. paid-number of pensioners now on the list under Ibat a<-t— acnlc-ntal omission in Ibat a.t of officer^ &e ot lb.' revoliKionary navy— who|J ipphe.itHJiis a.ljndicated i.-,„i . 1 ' ^'''".' '."''■■*• ami amount I-, -males and lemal.s enumer- ated— amount paid during the la-t year by agents and at the 145 206 number i iimler the fiscal treasury 208 470 INDEX. Pensions, report of the Commissioner of— amount of revoliitiniiiiry pensions paid, a proof that the government is not charKeable with ingratitude — labor of answering inquiries on the suliject of pensions — a well-arranged index under preparation 209 I[. Half-pay pensions for five years — enumeration of the aets granting them — number of applications ad- mitted under them, and amounts annually paid — difference between the widows of officers and soldiers of the regular army and those of the navy adverted to, and its correction recommended — the transfer of acts giving half-pay pensions from the office of the Third Auditor to the Pension Bureau recommended UIO III. Invalid pensions- number of applications, and annual sum required — whole number now on the li^t — labor of adjudicating claims in this division becoming more difficult — acknowledgment to the Surgeon General for his advice — first appropriation by <;ongress for payment of fnvalid pensions 211 amount of annual appropriations for that object since 1848 — but a single case remaining of revolutionary in- valid i)ensions — liability of decep- tion and fraud in cases of invalid^ — two instances of voluntary relin- quishment of pensions, for supposed permanent disabilities, by officers in the Mexican war, mentioned as rare examples of integrity and honesty,, 212 names of the officers alluded to 213 IV'. Navy pensions — number of invalids, and annual sum required — number of widows on the navy pension list — number of cases payable to orphans, and amount re- quired for each — declarations which the office ri-quires in these cases — some modification of the laws neces- sary 213 incongruities involved in the literal construction — navy pensions dis- proportionate to other pensions. . . . 214 extension of the benefits of navy pen- sion laws recommended 215 V. Bounty lands — 1st, number of warrants for revolu- tionary services from 8tli February to 30th September, 1854 — Dumber in the same time for war of 1812 — total amount of acres contained in warrants under the acts of 1811, 1812, and 1814, to 30th September, 1854 215 number of suspended claims under those acts — 2d, under the act of 1847 — whole fiumber of applica- tions, number suspended, warrants issued, and amount of money paid in lieu of land 216 applications under the act of 18.50, tor services in the war of 1812, in the Indian wars since 1790, and in the war with Mexico 217 number underthe act of March, 1852 — nu tuber of warrants issued , of appli- cations in the hands of examiners and at rolls, and number suspend- e t — abuses practised and detected — an alphabetical index of applications niiidc necessary, a work of great labor, not yet completed — report of these frauds to Congress at its last session 218 amountof money abstracted from the treasury by these fraudulent claims, and amount rejected after the dis- covery of the frauds — number of persons connected with the frauds — number convicted, &c. — six fraud- ulent revolutionary claims detected and traced to one person — three others arrested, &.c. — a change sug- gested in the statute of limitations in regard to these oflences— com- plimentary notice of the clerical force in the bureau 219 Philadelphia — the post office at, constituted by agreement an office of exchange for the United States and British mails 138 Pierce, President — special message of, on intetnal im- provements 220 Policy — of the United States, pacific 1 Policy towarih the Indians— suggestions as to the true 198 Postal conventions — consummated and pending 135 Postmaster General's report — number of post offices; number and length of mail-routes; transportatiou by steamboats, railroads, coaches, and other modes, in detail 113 lettings of contracts 114 number of route-agents 115 state of mail lines to connect Cairo with New Orleans 116 difficulty of adjusting the rate per mile with railroads 117 manner of awarding contracts 119 expenditure of the department for the last fiscal year 120 revenue of the department 121 deficiency of revenue 122 revenue derived from stamps 123 rates of postage on printed matter. . . . 12 1 commissions allowed to postmasttri. 125 ertV'Ct of (iiliaMced prices 125 estimate of exiienditures lor 1855 127 estimated revenue and surplus for the same period 128 defect in the modes of cheeking quar- terly returns 128 pre-piyment of postage necessary to eftect a radical remedy 128 l«gislalion recommended respecting the transmission of monev through the mails ' 129 the registration of such letters in Great Britain for a specified fee 130 cost of the steamship lines 131 duration of contracts with the owners of steamships 132 additional contract with the Pacific Mail Steamship Company 132 purchase of the steamers reconi- iiiended 133 offer made by the Nicaragua Company to carrv the mail between N. York and Ciilitornia 133,134 testimony to the fidelity of the con- tractor's 1.34 dirt'erencc in the atnounts paid by Great Britain to the Cunard line... 134 the wreck of two steamers 134 change in the line between New Or- leans and Aspinwall 135 INDEX. 4T Postmaster GcneraVs report — France not yet in tln^ postal arranfie- Hient Itetween the United States and Great Britain 135 negotiation with Great Brit tin on the transit of closed mails 136 no satir^factory progress in the arrange- ment contemplated with Belginm.. 137 progress of postal convention with Mexico 138 the post office at Philadelphia consti- tuted an office of exchange for Uni- ted States and British mails 138 arrangeirient made with the proprie- tors of the Australia Pioneer Line of monthly packets hetween N. York and Port Philip 538 amount of fines and deductions 13!) testimony to the tidelily of the clerks. 1.39 Post Office— reference to, in the President's mes- sage 20 Post Office Department — report of the Postmaster General on the affairs of the 112 manner of awarding contracts in the. 119 expenditures in the, for the past fiscal year 120 gross revenue of tlie 121 Post offices — number of, in the United States 112 Practice ship — abstract of the report of the comman- der of the 449 Pre-emption rights — evil consequences arising from the clause relating to, in the law ol 4th of August last 1:2 Prepayment of postage — recommended by the Postmaster Gen- eral 128 Preservation of provisions — progress of experiments made with several substances for the 4.i0 Presidenfs message — brief revi(^w of our domestic condition for the past year; our country un- aflected by European convulsions . 1 our desire to avoid all entangling alli- ances has not preserved us from the disposition of soine governments of Europe to direct our foreign policy. Q our right of exemption from their in- terference 2 our territorial expansion regarded by them with concern 3 magnitude of our foreign commerce 3 rights of neutral nations endangered by the wars of European powers. . . 3 the principle that free ships make free goods, except contrabaini of war. . . 3 conceded by Great Britain and Fraiii-e for the time being only 4 a proposition embracing this rule, and that of exempting neutral property from confiscation, submitted to Eu- ropean governments 4 convention with Russia on this basis 4 its reception by the King of the Two Sicilies 4 approved by the King of Prussia, who submits an additional article which provides for the renunciation of pri- vateeiing 4 views of the President on this subject 5 ratification of our reciprocity treaty with Great Britain 5 free navigation of the St. Lawrence opened 5 President's message — recommendation to refund duties on fishcaugliton tliecoasi ofilie Itrilish Provinces and brought by British subjects to our markets (i legislative arrang nts of Canada and New Brunswi* k on this subject (> boundary line of the Territory of Washington (I importance of extingtiisbiiig certain territorial rights of the Hudson's Bay Company, and the Puget's Sound Company (> our relations with France; the French consul at San Francisco ; the Anie- riean minister to Spain excludi d friiiii France 7 our relations with .**pain as they were at the close of the last s(!Ssion 7 Denmark and the Sound tolls — our treaty 7, « expedition to Japan; treaty with Mexico; hostile expeditions against Mexico S boundary commission ; the La Plata ami the Amazon ; inter-oceani<' communication; Central America: passage of the isthmus 9 Greytown and the Nicaragua Transit Company 10 outrage on the Ainerii-an niinister; organization of a temporary lorce ; the community at Greytowti 11 bombardment of Greytown ; mission of the Cyane 12 complaints of foreign powers; finan- cial condition of the Union 14 public debt; estimates and appropria- tions If) laws recommended for the protc^ctinn of public r(!cords, to prevent frauds on the revenue, ami fo; other i)iir- poses If) increase of military lorce in the Indian territory recommended Kl Indian atrocities 17 the army — its services and reform, pay of officers, organization and in- crease 18 tin; navy — its discipline and increase — apprentice system approved 19 revision of the laws tiir the proieeiidti of life and property at sea suggested 2(1 I'o-t ( »tfiee '. 20 puldi<' lands — hounty lands — grants for railroads 22 internal improvements — subject re- served for a special message 23 judicial establishment 24 District of Columbia 24 trusts and duties of the republic 2.^ eorrespiuidence ae<>iinipanying the message in relation to the exdusiiui of Mr. Sonle frt 178 Priming — new mode of 78 Princeton, tlic — of the Home squadron 85 Privateering — proposal of the King of Prussia for the renunciation o' — President's views of the subject 3 472 INDEX. Private property — oil the ucean. .-. 5 Proiiiotion — in tlie army ~-3 in tlie n.ivy 98 Protection from shipwreck — what has been effected to secure.... 49 Provisions and Clothing — abstract of the report from the Bureau of 453 Pi.hlic Buildings — abstract of the report of tlie Commis- sioner of 455 under charge of the Treasury Depart- ment, abstracts of the reports of en- gineers engaged on 423 Pv.hlic debt— amount of, outstanding on the 1st of July, 1853 and 1854 36 particulars o( the, to be found in table No. 3, as per report of the Secretary of the Treasury .38 statement of the 388 Public depositories — abstract of the report on 418 Public lands — surveys and sales of the past year. 140, 141 recommendation that officers connect- ed with should be prohibited from purchasing 142 abstract ot documents annexed to the report of the Commissioner ol the General Land Office 457 statement of, sold, and amounts re- ceived therefor 457 (^ee General Land Office.) Public records and papers — provision for their bettter security re- commended 16 Punta Arenas — execution of the writ of ejectment against the Accessory Transit Com- pany, at 304 a. ^uapaws and Senccas — comparatively comfortable circum- stances of the 193 Quartermaster General — abstract of the report of the, to the Secretary of War 437 K. Railroads — grants for 22 condition of the grants for certain .... 162 Railroad companies — difficulties attending arrangements with, for carrying the mail. 117 Ran!:— brevet, double 64 in the line of the army 65 Rank and command 63 Rates of postage — on printed matter, remarks of the Post- master General upon the 124 Raii' •>ugar, ami rice in paddy — ( ffect of the new Uanisli tariff on ... . 275 Receipts — actual, into the treasury for the fiscal year ending June 30, 1854 33 sources of. 33 estimated for the year ending June 30, 1855 34 Rccivrocal trade — between the United States and Great Britain 5 Reciprocity treaty — effectof the, on the amount of receipts from customs 42 the Washington, between the Uni- ted States and Great Britain, in force 378 Reconnoissance — definition of, as used in the coast sur- vey 237 Records and hooks of collectors — no existing law to enforce the delivery of to successors 53 Recruiting service — state of, satisfactory 61 Redemption of public debt — interest and premium, amount paid on 34 Reforms — recommended bv the Secretary of the Navy ; 98 Regiments — proposed reform in their organization. 72 Register — abstract of the report of the 416, 431 Registration of letters — the Postmaster General recommends the, containing money, to be trans- mitted by mail 130 Relations — international 1 Relief laws — an act of Congress necessary to make valid patents and sales of land un- der a misapprehension of the pro- visions of the 169 Reynoval — of the Florida Indians 56 Report — of the Commissioner of Public Lands. 158 ot the Commissioiier of Indian Affairs 180 of the Commissioner of Pensions .... 206 Republic — trusts and duties of the 24 Retired list — for the army 74 recommended for the navy 98 Revenue — the sources of 33 gross, of the Post Office Department. 121 deficiencies in the same 1^ Revision of the laws, for the protection ol life and property at sea, suggested. .. 20 Revolutionary pensions — applications for, and amount of. 206 — ^209 the labor of answering inquiries con- cerning 209 Rifle tactics — a work on the subject in preparation. 78 Ringgold, Commander — in charge of the surveying expedition to the Pacific 92 protects American citizens and pro- perty 92 River and harbor improvements — unsettled state of the question as to the |)ower of Congress over 230 President Jackson's opinion on the subject of 234 iiifcrs and harbors — progress of works of improvement on 439 Roads — in the Territories 81 Road wells — on the route for the Pacific railroad, and military roads 82 Rodgers, Lieutenant — is placed in charge of the surveying expedition to the Pacific 92 Route agents — for the mails, number of, in service.. 115 INDEX. 413 Russia — copy of tlio treaty between the United States of America and his Majesty the Emperor of 371 S. Salter, Commodore — in command of tlie Brazil squadron.. 89 San Jacinto, the — cruises to test her macliinery 94 Sault de Ste. Marie canal — present condition of the grant of land lor the 162 Second Jluditor — abstract of the report of the 414 Second Comptroller — abstract of the reports of 415,416 Seminoles — ign&rant,debased,and dissipated char- acter of the 192 political union belweiMi the Creeks and. dissatisiactory to tlie 193 Seymour, Sir G. H. — • Vice Admiral, &c., letter from, to the British consul general at Grcytown. 299 letter from, to Commodore Parlier . . . 308 Shau.nccs — their acceptance of the stipulations of the convention, with certain condi- tions 184 Shellfish— the right of taking, on the eastern seacoasts of the United States, ex- cepted in the reciprocal rights grant- ed to British sulijects 380 Sick and disabled seamen — • extent of accomniniodation provided for 51 Sio^ix — of Minnesota, settlement of the diffi- culties heretofore existing with the. 183 massacre and robbery by the, near Fort Laramie 197 Sir inilc limit — table showing the quantity of land sold, &c., within the 177 " Six Nations'' — present condition of the remnant of the, in New York 180 Six steam frigates — building in the navy y.irds 97 Sirth Auditor — abstract of the report of the 414 Smithsonian Institution — a brief notice of the operations of the 460 Solicitor — the Secretarj' of the Treasury notices tlie report ol the 44 abstiact of the report of the 417 Soule, Pierre — diplomatic correspondence on his ex- clusion from France 25—31 Sonnd dues — specification of, paid by Ann-rican ves- sels to and fioui theBaltic 280 Sjiain— exclusion of our minister to, from France; our relations «Jth 7 message from the President in response to a resolution of the Senate respect- ing our relations with 369 Squadrons — Home 85 Brazil 89 African 89 Mediterranean 90 East India 90 Pacific 92 Steamboats — number of, destroyed from various causes 424 Steamship mail lines — an ac<(iunt of the cost of 131 long duration of the contracts with . . 1.32 the purchase of the, recommended. . . 133 Storkl)rids:e Imiians — at Lake Winnebago, difficulty of set- tling them to their satisfaction 181 Strain, Lieutenant — explores the isthmus of Darien, and reports a canal communication im- piacticable — his report in full 87 Strolling Indians — Ue])lorable condition of certain banrls ot, in the Western States and Ter- ritories -JOO Suits and law expenses of the War Depart- ment 80 Stimmary court martial — for the trial of seamen and petty offi- cers, recommended 100 Survcji — of the lakes 81 of the route to the Pacific 82 of the bay of Saniana 85 of the rivers Uruguay and Parana ... 89 Surieyors General — the reportsof the, eonimended as able and lucid 167 notice of instructions to the, of the new Territories 457 Sivainp lands — private entry of 142 surveys and selections of 163 St. Liiirrcncc — right of iiaviL-ating the river, &c., se- cund to ritizriis oftlie United States by the reciprocity treaty 380 St. Mary's, the — visit to the Chincha islands 94 protects an English shi|). 94 T. Tables— explanation by the Secretary of the Treasury of the, accompanying his report 38 Tariff— remarks oftlie Secictaryof the Treas- ury on till' ciglil schedules of tlii' .. 39 enumeration of articles recoinniended for free adiiiis>ion 396 coinparisoii of the existing with the proposed 397 to 409 Tchuanlcpcc — authoiity given by the Mexican gov- ernment lor the early construction of a plank and rail road across the isthmus of 377 Texas— outrages of the Iiidi;iiis of, upon fron- tier citizens, and steps taken to pre- vent th.iii 194 Third ..liiditor— abstract of the report of the 414 Tobacco and rice — statement of the value of, annually exi)orted 42." Tonnage — statement of registi'red, enrolled, and licensed, of the United States.. 389, 390 Topographical Krigincers — report of the colonel of, with various documents 440 Topography— uses of", in the coast survey 238 474 IXDEX. Trade and intercourse with the Indian tribes — nfcessity of revising the act to regu- late 198 Transit of closed mails — (tiMidins negotiations relating to the . . 136 Transportation — nu-ans of, in the army 62 Treasurer — an additional clerk recommended for the office of the 46 abstract and tabular statement from the report of the 417 Treasury, report of the Secretary of the, on the state of the fi'ianres — bal.iiicr iiithe tr<'asury July 1, 1853; actual and estimated receipts for the year ; expenditurt-s, actual and estimated 32 actual receipts into the treasury for the fiscal year endin;; June 30, 1854. 33 actual expenditure 33 objects of expenditure; balance in treasuiy July 1, 1854 ; estimated re- ceipts for tlie fiscal vear ending June 30, 1855 ' ". 34 estmiated receipts for the fiscal year ending June 30, 185G 36 causes of excess in importations 37 explanation of tables accompanying the rrport 38 recommends a reductiim of duties. . . 39 free list pi-oposed 40 increase in the exportation of domes- tic manufactures 41 effect of the reciprociiy treaty in re- ducing the revenue . 42 out>tinding balances of 1853 and 1854 compared 42 increase of force in Ihe offices of Sixth Auditor and First Comptroller recommended 43 recommends all the accounts of the Interior Department to Uf given to the Second Auditor, amd iliose of the War Dt'partment to the Third Auditor, for examination 44 additional accommodations for several bureaus recomm"nded 44 beneficial effect of monthly settle- ments 44 states the value of the Register's re- port on commerce and navigation.. 44 speak-! of the Solicitor's report 44,45 report of the Treasurer 46 operations of the mint 46 notices of brinks 47 remarks on the currency of gold and silver '. 48 operations of the independent treasury 48 prosress of the coast survev '. 49 report of Licbt-house Board 49 jirotection from shipwreck 49 report on the con^t nctlon of custoni- hou-es, marine hospitals, &c 50 enibezzlemcnt of bullion at the mint, and resniations for the govertnnent of if and its branches 51 reli<'f prepared for sick and riis;ibled se.imen 51 notice of the report of supervising in- spectors of slenmhoats 52 want of a law compelling collectors lo hami over their books and records to their successors 53 regulation regarding the promotion of clerks .54 ftatejnent of expenditures 385—387 statement of receipts and expendi- tures 388, 393, 394, 395 Trians,ulaiion — explanation of the term as used in coast survey 237 U. United States coinage — tabular statements of 419, 420 Unlauful expedition — against Mexico, suppressed 93 Unlauful settlements — on land ceded by the Delawares, fronting on Missouii river 187 suggestions on the subject of such settlements 188 Upper Missouri agency — the discontents of some of the tribes in the, require prompt action 186 Upper Platte Jls^eney — little respect of the tribes in the, for the United States 190 Utah and New Mexico — necessity of conventional arrange- ments with the tribes of 194 the colonization of them recom- mended 195 V. Virginia scrip — lands iiranted to satisfy, since 1790. . . 141 Virginia revolutionary bounty land claims — difficulty of arriving at" any satisfac- tory conclusion in many cases of.. 164 W. JVagner, Dr. H. W. — ■ assault npim, at San Juan de Nica- ragui 310 Walker, Commander — his views on flogging in the navy 100 War. report of the Secretary of — strength and distribution of the army. 55 removal of Florida Indians 56 Indian depredations and collisions in the Department of the West, in Texas, in New Mexico, and on the Pacific 56, 57 depredationsof the Sioux Indians.... 57 massacre of Jjieuteiiant Grattan's de- tachment 57 insufficiency of our military force.. 58, 60 five military divisions 58 extent of our frontiers 59 effective force of the army at its great- est limit 59 a reaular force the cheap and consti- lufional means of protecting our In- dian frontier 59 the power lo call out the militia lim- ited to invasion and insurrection, not to preserve police among the In- dian tribes 60 the increase of our force called for by economy, as illustrated in the ex- penses and conduct of our Indian wars 60 aggregate of expenditures on Indian hostilities for twenty-two years. . . . 60 state of the recruiting service 61 estimates for the support of the army. 61 means of transportation, an appropria- tion recoinmeiidcd for the introduc- lioii of camels and dromedaries.... 62 increase of tin; pay of officers recom- mended 62 extension of the increased pay to all enlisti'd men of the army recom- mended 62 INDEX. 475 War, report of the Sccrel:.ry of — that the widows and orphans of ofli- cers and soldiers of the army bo pla(*ed on an equality with those of tlie navy, recommended 62 legislation as to rank and command, and to organization, needs revision. 62 double rank ; brevet rank ; rank in the line of the army 62, 65 organization of the general staff 66 European stati" systems 67 comparative advantages of the French and English systems 69 organization proposed 69, 72 proposed reform in the organization of the regiments 72 ])romotion and retired list 73, 74 Military Academy 74 seacoast defences 75 improvements in small arms 70 experiments by the Ordnance depart- ment 77 new mode of priming; ritie tactics; arms and books for the nulitia ; sale of useless military sites 78 accounts of disbursing otiicers 79 suits and law e.vpenses of the depart- ment; harbor & river improvements 80 survey of the lakes; roads in the Ter- ritories 81 road wells; surveys lor a railroad to the Pacific ; surveys in progress.. . . 82 Capitol extension ; water-works ; de- partment buildings 83 reference to accompanying reports. . . 84 Warehouses — value of geods remaining in 426 WasliiiXi^ton aqueduct — progress of the work on the 440 ll'usliiii^ton, citij of— operations on the works to supp'y the city with water suspended 83 Washiii!:tcn. litv of— lire-proof buildings in, recommended for the departmt Ills 151 public grounds and gnveriiiuent lots in 152 ^U2g<■stiolls Its to the propriety of iiiakiiig doiKitinus of l:uid tothe.for purposes of cducaiionias elsewhere 171 Washington Tcrritorii — boundary line of 6 in process of settlemeiii 1J7 instructions transniirt(