Part 18

7. Report of the Attorney-General of the United States on that letter, dated 22d March, 1852.

If it should be the sense of Congress that the seat of government of Oregon has not already been established by the local authorities pursuant to the law of the United States for the organization of that Territory, or, if so established, should be deemed objectionable, in order to appease the strife upon the subject which seems to have arisen in that Territory I recommend that the seat of government be either permanently or temporarily ordained by act of Congress, and that that body should in the same manner express its approval or disapproval of such laws as may have been enacted in the Territory at the place alleged to be its seat of government, and which may be so enacted until intelligence of the decision of Congress shall reach there.

MILLARD FILLMORE.

WASHINGTON, _May 1, 1852_.

_To the Senate of the United States_:

I transmit to the Senate, for their consideration and advice with regard to its ratification, a convention between the United States and the Free and Hanseatic Republics of Hamburg, Bremen, and Lubeck, signed in this city by their respective plenipotentiaries on the 30th day of April, A.D. 1852, for the mutual extension of the jurisdiction of consuls. A copy of a note from the special plenipotentiary of Hamburg, Bremen, and Lubeck accompanies the convention.

MILLARD FILLMORE.

WASHINGTON, _May 5, 1852_.

_To the Senate of the United States_:

On the 3d of March, 1849, a general convention of peace, amity, commerce, and navigation between the United States and the Republic of Guatemala, by Elijah Hise, the chargé d'affaires of the United States to that Republic, on the part of this Government, and by Señor Don Jose Mariano Rodriguez, minister for foreign affairs, on the part of the Government of Guatemala. This convention was approved by the Senate on the 24th of September, 1850, and by a resolution of the 27th of that month that body authorized the ratification of this Government to be exchanged for the ratification of the Government of Guatemala at any time prior to the 1st of April, 1851. I accordingly ratified the convention on the 14th of November, 1850, but there was then no person in this country authorized to effect the exchange of ratifications on the part of the Guatemalan Government, and the United States had no diplomatic representative there. When, however, in the summer of 1851, Mr. J. Bozman Kerr proceeded to Nicaragua as the chargé d'affaires of the United States, he was empowered and instructed, when he should have concluded the business, which it was presumed would not have detained him long, in Nicaragua, to repair to Guatemala and effect the exchange on the part of this Government. Circumstances, however, have hitherto prevented him from accomplishing this object. Meanwhile Señor Don Felipe Molina has been received as chargé d'affaires of Guatemala here, and has been empowered to effect the exchange on the part of that Government.

I accordingly recommend that the Senate authorize a further extension of the period for exchanging the ratifications, in order that the convention may go into operation. It is presumed that if this recommendation should be adopted a few weeks from the date of the decision of the Senate upon the subject would be necessary to complete the preparations for carrying it into effect.

MILLARD FILLMORE.

WASHINGTON, _May 29, 1852_.

_To the Senate of the United States_:

The resolution of the Senate of the 6th instant, requesting the "papers and proofs on file in any of the Executive Departments touching the claim of Samuel A. Belden & Co., of Brownsville, Tex., against the Mexican Government for injuries inflicted upon said Belden & Co., as alleged by them in violation of the treaty of Guadalupe Hidalgo," was referred to the heads of those Departments, and the documents herewith transmitted have been reported to me from the Department of State as comprising all on the files of that Department called for by the resolution, with the exception of those of a diplomatic character. As the claim referred to is a subject of negotiation with the Mexican Government, it is not deemed expedient at this juncture to make public the documents which have been reserved. According to the reports of the Secretary of the Treasury, of the Secretary of the Interior, of the Secretary of War, of the Secretary of the Navy, and of the Postmaster-General, there are no papers in their respective Departments relative to the claim of Messrs. Belden & Co.

MILLARD FILLMORE.

WASHINGTON, _June 1, 1852_.

_To the Senate of the United States_:

I communicate to the Senate herewith, for its constitutional action thereon, eighteen treaties negotiated with Indian tribes in California, as described in the accompanying letter of the Secretary of the Interior, dated the 22d ultimo, with a copy of the report of the superintendent of Indian affairs for the State of California and other correspondence in relation thereto.

MILLARD FILLMORE.

WASHINGTON, _June 11, 1852_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to ratification, a convention between the United States and the Sultan of Borneo, signed at Bruni on the 23d of June, 1850. A copy of two dispatches to this department from Mr. Balestier, who concluded the convention on the part of this Government, one dated the 22d of April and the other the 24th June, 1851, is also transmitted for the information of the Senate. As the period limited for the exchange of the ratifications, which is to be effected at Bruni, will expire on the 23d instant, I recommend that if the Senate should approve the convention authority may be given to perform that ceremony within a year from that date. The instrument would have been submitted to the Senate in season for the ratification to be exchanged within the stipulated time had not Mr. Balestier's arrival with it in the United States been unavoidably delayed.

MILLARD FILLMORE.

WASHINGTON, _June 11, 1852_.

_To the Senate and House of Representatives_:

I transmit to Congress a report from the Secretary of State, on the subject of the disorders on the Rio Grande frontier, and recommend the legislation which it suggests, in order that the duties and obligations of this Government occasioned thereby may be more effectually discharged and the peace and security of the inhabitants of the United States in that quarter more efficiently maintained.

MILLARD FILLMORE.

WASHINGTON, _June 14, 1852_.

_To the Senate and House of Representatives_:

I transmit herewith, for your consideration, a report from the Secretary of State, accompanied by a communication from His Excellency Señor Don A. Calderon de la Barca, envoy extraordinary and minister plenipotentiary of Her Catholic Majesty, claiming indemnity for those Spanish subjects in New Orleans who sustained injury from the unlawful violence of the mob in that city consequent upon hearing the news of the execution of those persons who unlawfully invaded Cuba in August, 1851. My own views of the national liability upon this subject were expressed in the note of the Secretary of State to Mr. Calderon of the 13th November, 1851, and I do not understand that Her Catholic Majesty's minister controverts the correctness of the position there taken. He, however, insists that the thirteenth article of the treaty of 1795 promises indemnity for such injuries sustained within one year after the commencement of war between the two nations, and although he admits this is not within the letter of the treaty, yet he conceives that, as between two friendly nations, it is within the spirit of it.

This view of the case is at his request submitted for your consideration, but whether you may deem it correct or not, there is, perhaps, one ground upon which this indemnity, which can not be large in amount, may be granted without establishing a dangerous precedent, and the granting of which would commend itself to the generous feelings of the entire country, and that is this: The Queen of Spain, with a magnanimity worthy of all commendation, in a case where we had no legal right to solicit the favor, granted a free pardon to all the persons who had so unjustifiably invaded her dominions and murdered her subjects in Cuba, in violation of her own laws as well as those of the United States and the public law of nations. Such an act of mercy, which restored many misguided and unfortunate youth of this country to their parents and friends, seems to me to merit some corresponding act of magnanimity and generosity on the part of the Government of this country, and I think that there can be none more appropriate than to grant an indemnity to those Spanish subjects who were resident among us and who suffered by the violence of the mob, not on account of any fault which they themselves had committed, but because they were the subjects of the Queen of Spain. Such an act would tend to confirm that friendship which has so long existed between the two nations and to perpetuate it as a blessing to both, and I therefore recommend it to your favorable consideration.

MILLARD FILLMORE.

WASHINGTON, _June 22, 1852_.

_To the Senate of the United States_:

I transmit herewith a report from the Secretary of State, with the accompanying documents,[21] in compliance with the Senate's resolution of the 29th of April last.

MILLARD FILLMORE.

[Footnote 21: Correspondence of the American chargé at Vienna on the subject of the apprehension and imprisonment by the Austrian authorities of Rev. Charles L. Brace, an American citizen.]

WASHINGTON, _June 22, 1852_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to ratification, a convention for the mutual delivery of criminals fugitives from justice in certain cases between the United States on the one part and Prussia and other States of the Germanic Confederation on the other part, signed in this city on the 16th instant.

MILLARD FILLMORE.

WASHINGTON, _June 23, 1852_.

_To the Senate of the United States_:

I transmit herewith a report from the Secretary of State, with the accompanying documents,[22] in compliance with the Senate's resolution of the 3d instant.

MILLARD FILLMORE.

[Footnote 22: Correspondence relative to the withdrawal of Mr. Hülsemann, chargé d'affaires from Austria to the United States.]

WASHINGTON, _June 26, 1852_.

_To the Senate of the United States_:

I transmit and commend to the consideration of the Senate a report from the Secretary of State, touching the convention between the United States and the Mexican Republic for the mutual extradition of fugitives from justice in certain cases, which convention I submitted to the Senate soon after I entered upon the office of President of the United States.

MILLARD FILLMORE.

DEPARTMENT OF STATE,

_Washington, June 26, 1852_.

The PRESIDENT OF THE UNITED STATES:

It was understood that at the close of the Administration of your predecessor an extradition treaty was concluded in this city between the United States and the Mexican Republic, which, however, was submitted to the Senate by yourself, but before I entered upon my present office.

It is presumed that as the treaty has not been returned to this Department the Senate has made no decision in regard to it.

The necessity for a compact upon that subject between the two Governments, whose territories, being conterminous, afford great facilities for wrongdoers in the one to screen themselves from punishment by seeking refuge in the other, would at all times be obvious, but at the present juncture may be considered as urgent.

I would consequently suggest that the attention of the Senate be respectfully invited to the matter, in order that if the treaty before them should be deemed objectionable another, embodying such amendments as may be supposed to be necessary, may be proposed to the Mexican Government.

Respectfully submitted,

DANL. WEBSTER.

WASHINGTON, _June 26, 1852_.

_To the Senate of the United States_:

I have received and taken into respectful consideration the resolution of the Senate of yesterday, adopted in executive session, requesting information in regard to supposed negotiations between the United States and Great Britain and between the United States and the Republics of Nicaragua and Costa Rica, respectively. Any information which may be in the possession of the Executive on these subjects shall in due time be laid before the Senate, but it is apprehended that it would not comport with the public interests to communicate it under existing circumstances.

MILLARD FILLMORE.

WASHINGTON, _June 26, 1852_.

_To the Senate of the United States_:

I have received the resolution of the Senate of the 11th instant, passed in executive session, making inquiry respecting supposed propositions of the King of the Sandwich Islands to convey the sovereignty of those islands to the United States and requesting all official information in my possession touching the subject.

This request has been taken into the most respectful consideration, but the conclusion at which I have arrived is that the public interest would not be promoted, but, on the contrary, might under circumstances of possible occurrence, be seriously endangered if it were now to be complied with.

MILLARD FILLMORE.

WASHINGTON CITY, _July 1, 1852_.

_To the Senate of the United States_:

On the 26th ultimo I received a resolution of the Senate, passed in executive session, in the following words:

_Resolved,_ That the President of the United States be requested to inform the Senate, if not in his opinion incompatible with the public interest, whether any convention or compact has been entered into on the part of the United States and the Government of Great Britain whereby the two Governments jointly recommend or advise the Republics of Costa Rica and Nicaragua, or either of those Republics, and the Mosquito Indians, inhabiting the Mosquito Coast, in Central America, on matters affecting their several and respective boundaries, or whereby any recommendation or advice is given to either of said Republics or said Indians respecting the territorial rights thereafter to be enjoyed or observed by them respectively, or in any other manner affecting or regulating the relations hereafter to be maintained between said Republics themselves, or either of them, and the said Indians concerning their territorial boundaries or other matters thereto appertaining. And if there be any such convention or compact, then that the President be requested to communicate the same, or a copy thereof, to the Senate, and to inform the Senate whether the same was made at the request or invitation of either of said Republics or of said Indians, or with their privity, approbation, or consent. And that the President be further requested to communicate to the Senate copies of all correspondence between the Executive and Great Britain, or with either of said Republics of Central America, touching said convention, and of all documents connected therewith. And if such convention or compact has been made, that the President be further requested to inform the Senate whether the same has been formally communicated to the respective Governments of Nicaragua and Costa Rica and the Mosquito Indians on the part of the Governments of Great Britain and the United States, and in what form such communications have been made to them, and that he lay before the Senate copies of any instructions that have been given to the representatives or agents of the United States at Nicaragua and Costa Rica touching such convention and the matters therein contained, with copies of like instructions to any naval officer of the United States relating to or in any manner concerning the said convention or its communication to said Republics or said Indians.

On the same day I returned the following answer to that resolution:

I have received and taken into respectful consideration the resolution of the Senate of yesterday, adopted in executive session, requesting information in regard to supposed negotiations between the United States and Great Britain and between the United States and the Republics of Nicaragua and Costa Rica, respectively. Any information which may be in the possession of the Executive on these subjects shall in due time be laid before the Senate, but it is apprehended that it would not comport with the public interests to communicate it under existing circumstances.

Great was my surprise to observe this morning in one of the public journals a statement of what purports to be a proposition, jointly signed by Her Britannic Majesty's minister here and the Secretary of State, for the adjustment of certain claims to territory between Nicaragua, Costa Rica, and the Mosquito Indians. I have caused immediate inquiry to be made into the origin of this highly improper publication, and shall omit no proper or legal means for bringing it to light. Whether it shall turn out to have been caused by unfaithfulness or breach of duty in any officer of this Government, high or low, or by a violation of diplomatic confidence, the appropriate remedy will be immediately applied, as being due not only to this Government, but to other governments. And I hold this communication to be especially proper to be made immediately by me to the Senate, after what has transpired on this subject, that the Senate may be perfectly assured that no information asked by it has been withheld and at the same time permitted to be published to the world.

This publication can not be considered otherwise than as a breach of official duty by some officer of the Government or a gross violation of the confidence necessary always to be reposed in the representatives of other nations. An occurrence of this kind can not but weaken the faith so desirable to be preserved between different governments and to injure the negotiations now pending, and it merits the severest reprobation.

MILLARD FILLMORE.

WASHINGTON CITY, _July 2, 1852_.

_To the Senate of the United States_:

I herewith transmit, for the advice and consent of the Senate, a treaty recently negotiated with the Chickasaw Nation of Indians.

The nature and objects of the treaty are fully explained by the report of Mr. Harper, who negotiated it in behalf of the United States.

MILLARD FILLMORE.

WASHINGTON, _July 2, 1852_.

_To the Senate and House of Representatives_:

By an act of Congress approved on the 10th day of February, 1852, an appropriation of $6,000 was made for the relief of _American citizens_ then lately imprisoned and pardoned by the Queen of Spain, intended to provide for the return of such of the Cuban prisoners as were citizens of the United States who had been transported to Spain and there pardoned by the Spanish Government. It will be observed that no provision was made for such foreigners or aliens as were engaged in the Cuban expedition, and who had shared the fate of American citizens, for whose relief the said act was intended to provide. I now transmit a report from the First Comptroller, with accompanying papers, from which it will be perceived that fifteen foreigners were connected with that expedition, who were also pardoned by the Queen of Spain, and have been transported to the United States under a contract made with our consul, at an expense of $1,013.34, for the payment of which no provision has been made by law. The consul having evidently acted with good intentions, the claim is submitted for the consideration of Congress.

MILLARD FILLMORE.

WASHINGTON, _July 13, 1852_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives requesting information relative to the policy of the Government in regard to the island of Cuba, I transmit a report from the Department of State and the documents by which it was accompanied.

MILLARD FILLMORE.

EXECUTIVE MANSION,

_Washington City, July 26, 1852_.

_To the Senate of the United States_:

In obedience to your resolution adopted in executive session June 11, 1852, I have the honor herewith to communicate a report[23] from the Secretary of the Interior, containing the information called for by that resolution.

MILLARD FILLMORE.

[Footnote 23: Relating to the boundary line between the United States and Mexico.]

WASHINGTON, _July 27, 1852_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 19th instant, requesting the correspondence between the Government of the United States and that of the Mexican Republic respecting a right of way across the Isthmus of Tehuantepec, I transmit a report from the Department of State and the documents by which it was accompanied.

MILLARD FILLMORE.

WASHINGTON, _July 29, 1852_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 27th instant, I transmit the copy of the notes[24] of Mr. Luis de la Rosa and Mr. J.M. Gonzales de la Vega, which it requests.

MILLARD FILLMORE.

[Footnote 24: Upon the subject of the American and Mexican boundary commission.]

WASHINGTON, _July 31, 1852_.

_To the Senate of the United States_:

I communicate to the Senate herewith, for its constitutional action thereon, nineteen treaties negotiated by commissioners on the part of the United States with various tribes of Indians in the Territory of Oregon, accompanied by a letter to me from the Secretary of the Interior and certain documents having reference thereto.

MILLARD FILLMORE.

WASHINGTON, _August 2, 1852_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 23d ultimo, requesting information in regard to the fisheries on the coasts of the British possessions in North America, I transmit a report from the Acting Secretary of State and the documents by which it was accompanied. Commodore M.C. Perry, with the United States steam frigate _Mississippi_ under his command, has been dispatched to that quarter for the purpose of protecting the rights of American fishermen under the convention of 1818.

MILLARD FILLMORE.

WASHINGTON, _August 9, 1852_.

_To the House of Representatives of the United States_:

I transmit a report from the Acting Secretary of State and the documents by which it was accompanied, in answer to a resolution of the House of Representatives of the 22d ultimo, on the subject of the fisheries, and state for the information of that House that the United States steam frigate _Mississippi_ has been dispatched to the fishing grounds on the coasts of the British possessions in North America for the purpose of protecting the rights of American fishermen under the convention between the United States and Great Britain of the 20th of October, 1818.

MILLARD FILLMORE.

WASHINGTON, _August 10, 1852_.

_To the Senate of the United States_:

I transmit a copy of the certificate of the exchange of the ratifications of the general convention of peace, amity, commerce, and navigation between the United States and the Republic of San Salvador, signed at Leon, in Nicaragua, on the 2d of January, 1850. It will be seen that the exchange was not effected until the 2d of June last, but that it was stipulated that the convention was not to be binding upon either of the parties thereto until the Senate of the United States should have duly sanctioned the exchange.

The Senate by its resolution of the 27th of September, 1850, authorized the exchange to take place at any time prior to the 1st of April, 1851.

Mr. Kerr, the chargé d'affaires of the United States to Nicaragua, however, who was authorized to make the exchange on the part of this Government, was unavoidably detained in that Republic, in consequence of which the exchange could not be effected within the period referred to.