Part 4
I did not hesitate to express to the people of those Territories my desire that each Territory should, if prepared to comply with the requisitions of the Constitution of the United States, form a plan of a State constitution and submit the same to Congress with a prayer for admission into the Union as a State, but I did not anticipate, suggest, or authorize the establishment of any such government without the assent of Congress, nor did I authorize any Government agent or officer to interfere with or exercise any influence or control over the election of delegates or over any convention in making or modifying their domestic institutions or any of the provisions of their proposed constitution. On the contrary, the instructions given by my orders were that all measures of domestic policy adopted by the people of California must originate solely with themselves; that while the Executive of the United States was desirous to protect them in the formation of any government republican in its character, to be at the proper time submitted to Congress, yet it was to be distinctly understood that the plan of such a government must at the same time be the result of their own deliberate choice and originate with themselves, without the interference of the Executive.
I am unable to give any information as to laws passed by any supposed government in California or of any census taken in either of the Territories mentioned in the resolution, as I have no information on those subjects.
As already stated, I have not disturbed the arrangements which I found had existed under my predecessor.
In advising an early application by the people of these Territories for admission as States I was actuated principally by an earnest desire to afford to the wisdom and patriotism of Congress the opportunity of avoiding occasions of bitter and angry dissensions among the people of the United States.
Under the Constitution every State has the right of establishing and from time to time altering its municipal laws and domestic institutions independently of every other State and of the General Government, subject only to the prohibitions and guaranties expressly set forth in the Constitution of the United States. The subjects thus left exclusively to the respective States were not designed or expected to become topics of national agitation. Still, as under the Constitution Congress has power to make all needful rules and regulations respecting the Territories of the United States, every new acquisition of territory has led to discussions on the question whether the system of involuntary servitude which prevails in many of the States should or should not be prohibited in that territory. The periods of excitement from this cause which have heretofore occurred have been safely passed, but during the interval, of whatever length, which may elapse before the admission of the Territories ceded by Mexico as States it appears probable that similar excitement will prevail to an undue extent.
Under these circumstances I thought, and still think, that it was my duty to endeavor to put it in the power of Congress, by the admission of California and New Mexico as States, to remove all occasion for the unnecessary agitation of the public mind.
It is understood that the people of the western part of California have formed a plan of a State constitution and will soon submit the same to the judgment of Congress and apply for admission as a State. This course on their part, though in accordance with, was not adopted exclusively in consequence of, any expression of my wishes, inasmuch as measures tending to this end had been promoted by the officers sent there by my predecessor, and were already in active progress of execution before any communication from me reached California. If the proposed constitution shall, when submitted to Congress, be found to be in compliance with the requisitions of the Constitution of the United States, I earnestly recommend that it may receive the sanction of Congress.
The part of California not included in the proposed State of that name is believed to be uninhabited, except in a settlement of our countrymen in the vicinity of Salt Lake.
A claim has been advanced by the State of Texas to a very large portion of the most populous district of the Territory commonly designated by the name of New Mexico. If the people of New Mexico had formed a plan of a State government for that Territory as ceded by the treaty of Guadalupe Hidalgo, and had been admitted by Congress as a State, our Constitution would have afforded the means of obtaining an adjustment of the question of boundary with Texas by a judicial decision. At present, however, no judicial tribunal has the power of deciding that question, and it remains for Congress to devise some mode for its adjustment. Meanwhile I submit to Congress the question whether it would be expedient before such adjustment to establish a Territorial government, which by including the district so claimed would practically decide the question adversely to the State of Texas, or by excluding it would decide it in her favor. In my opinion such a course would not be expedient, especially as the people of this Territory still enjoy the benefit and protection of their municipal laws originally derived from Mexico and have a military force stationed there to protect them against the Indians. It is undoubtedly true that the property, lives, liberties, and religion of the people of New Mexico are better protected than they ever were before the treaty of cession.
Should Congress, when California shall present herself for incorporation into the Union, annex a condition to her admission as a State affecting her domestic institutions contrary to the wishes of her people, and even compel her temporarily to comply with it, yet the State could change her constitution at any time after admission when to her it should seem expedient. Any attempt to deny to the people of the State the right of self-government in a matter which peculiarly affects themselves will infallibly be regarded by them as an invasion of their rights, and, upon the principles laid down in our own Declaration of Independence, they will certainly be sustained by the great mass of the American people. To assert that they are a conquered people and must as a State submit to the will of their conquerors in this regard will meet with no cordial response among American freemen. Great numbers of them are native citizens of the United States, not inferior to the rest of our countrymen in intelligence and patriotism, and no language of menace to restrain them in the exercise of an undoubted right, substantially guaranteed to them by the treaty of cession itself, shall ever be uttered by me or encouraged and sustained by persons acting under my authority. It is to be expected that in the residue of the territory ceded to us by Mexico the people residing there will at the time of their incorporation into the Union as a State settle all questions of domestic policy to suit themselves.
No material inconvenience will result from the want for a short period of a government established by Congress over that part of the territory which lies eastward of the new State of California; and the reasons for my opinion that New Mexico will at no very distant period ask for admission into the Union are founded on unofficial information which, I suppose, is common to all who have cared to make inquiries on that subject.
Seeing, then, that the question which now excites such painful sensations in the country will in the end certainly be settled by the silent effect of causes independent of the action of Congress, I again submit to your wisdom the policy recommended in my annual message of awaiting the salutary operation of those causes, believing that we shall thus avoid the creation of geographical parties and secure the harmony of feeling so necessary to the beneficial action of our political system. Connected, as the Union is, with the remembrance of past happiness, the sense of present blessings, and the hope of future peace and prosperity, every dictate of wisdom, every feeling of duty, and every emotion of patriotism tend to inspire fidelity and devotion to it and admonish us cautiously to avoid any unnecessary controversy which can either endanger it or impair its strength, the chief element of which is to be found in the regard and affection of the people for each other.
Z. TAYLOR.
[A similar message, dated January 21, 1850, was sent to the House of Representatives, in answer to a resolution of that body.]
WASHINGTON, _January 23, 1850_.
_To the Senate of the United States:_
I transmit to the Senate a copy of the convention between the United States and His Majesty the Emperor of Brazil, providing for the satisfaction of claims of citizens of the United States against the Brazilian Government, signed at Rio de Janeiro on the 27th of January last, and the ratifications of which were exchanged in this city on the 18th instant. It is desirable that Congress should prescribe the mode in which the claims referred to are to be adjusted and the money stipulated to be paid by Brazil shall be distributed amongst the claimants. Extracts from dispatches of the minister of the United States at Rio de Janeiro and a copy of a letter from an agent of claimants there are also herewith communicated, to which your attention is invited. I have authorized our minister to demand, receive, and give acquittances for the amount payable by Brazil, and have caused him to be instructed to remit the same to the Treasury of the United States.
Z. TAYLOR.
[The same message was sent to the House of Representatives.]
WASHINGTON, _January 30, 1850 _.
_To the Senate of the United States:_
In reply to the resolution of the Senate of the 7th instant, requesting of me all the official correspondence since the 4th of March last between this Government and its military authorities at Santa Fe or with the authorities of the State of Texas relating to the boundary or occupation of Texas, and the reasons why the judicial authority of Texas has not been recognized by the military authority at Santa Fe, I herewith submit the accompanying reports, which contain the information called for by the resolution.
I have not been informed of any acts of interference by the military forces stationed at Santa Fe with the judicial authority of Texas established or sought to be established there. I have received no communication from the governor of Texas on any of the matters referred to in the resolution. And I concur in the opinion expressed by my predecessor in the letter addressed by the late Secretary of State to the governor of Texas on the 12th day of February, 1847, that the boundary between the State of Texas and the Territory of New Mexico "is a subject which more properly belongs to the legislative than to the executive branch of the Government."
Z. TAYLOR.
WASHINGTON, _February 6, 1850_.
_To the Senate of the United States:_
In reply to the resolution of the Senate of the 28th ultimo, I have to state that the resolution of the Senate of the 2d of March, 1849, respecting James W. Schaumburg, was in April of that year submitted for the opinion of the Attorney-General upon questions arising in the case. No opinion had been given by him when it became necessary, prior to the meeting of the Senate, to prepare the nominations for promotions in the Army. The nomination of Lieutenant Ewell was then decided upon, after due consideration was given to the resolution of the Senate of the 2d of March, 1849.
I herewith submit a report from the Secretary of War, showing the grounds upon which the decision above referred to was made.
Z. TAYLOR.
WASHINGTON, _February 13, 1850_.
_To the Senate of the United States:_
I have received a resolution of the Senate of the 28th ultimo, requesting the President of the United States "to cause to be laid before the Senate, in open session if in his opinion consistent with the public interest, otherwise in executive session, copies of all instructions and communications of the late Secretary of State to our late chargé d'affaires to Guatemala and all dispatches and communications from said chargé d'affaires to the Department of State, including any conventions or treaties he may have concluded with either of the States composing the late Republic of Central America; and also all correspondence between our said chargé d'affaires and the Government or representatives of either of said States; and also all instructions and communications from the present Secretary of State to our late chargé d'affaires or our present chargé d'affaires to either of said States and all dispatches or communications from our chargé d'affaires to the Department of State, including any conventions or treaties he may have concluded with either of said States; and also all correspondence between the Department of State and either of said chargés d'affaires touching the so-called Kingdom of the Mosquitos and the right of way from the Atlantic to the Pacific through Lake Nicaragua."
The information called for by this resolution will be cheerfully communicated to the Senate as soon as it shall be found to be compatible with the public interest.
Z. TAYLOR.
WASHINGTON, _February 13, 1850_.
_To the House of Representatives of the United States:_
I have received a resolution of the House of Representatives of the 24th ultimo, requesting the President of the United States "to communicate to that body (provided the publication thereof be not prejudicial to the public interest) all such information as may be within the knowledge of the executive department relative to the alleged extraordinary proceedings of the English Government in the forcible seizure and occupation of the island of Tigre, in the State of Nicaragua, Central America; also all facts, circumstances, or communications within the knowledge of the Executive relative to any seizure, occupation, or attempted seizure or occupation, by the English Government of any port, river, town, territory, or island belonging to or claimed by any of the States of Central America; also that he be requested to communicate to this House, if not incompatible with the public interest, all treaties not heretofore published which may have been negotiated with any of the States of Central America by any person acting by authority from the late Administration or under the auspices of the present Executive." The information called for by this resolution will be cheerfully communicated to the House as soon as it shall be found compatible with the public interest.
Z. TAYLOR.
WASHINGTON, _February 13, 1850_.
_To the House of Representatives of the United States:_
I transmit herewith to the House of Representatives, for the information of that body, an authenticated copy of the constitution of the State of California, received by me from General Riley.
Z. TAYLOR.
WASHINGTON, _February 13, 1850_.
_To the Senate of the United States:_
I transmit herewith to the Senate, for the information of that body, an authenticated copy of the constitution of California, received by me from the Hon. William M. Gwyn.
Z. TAYLOR.
WASHINGTON, _March 1, 1850_.
_To the Senate of the United States:_
In reply to the resolution of the Senate of the 12th ultimo, requesting the President of the United States "to inform the Senate of the amount of prize money paid into the Treasury in conformity with the eighteenth section of the act of March 3, 1849," etc., I transmit herewith a report from the Secretary of the Navy, with accompanying documents.
Z. TAYLOR.
WASHINGTON, _March 4, 1850_.
_To the Senate and House of Representatives of the United States:_
I herewith transmit to Congress copies of a recent correspondence between the Department of State and the British minister at Washington, relating to subjects[3a] which seem to require the consideration of the legislative rather than the executive branch of the Government.
[Footnote 3a: Navigation laws and tariff on British productions.]
Z. TAYLOR.
WASHINGTON, _March 6, 1850_.
_To the Senate of the United States:_
In answer to the inquiries contained in the resolution of the Senate of the 4th instant, in relation to the appointment of postmasters by the Postmaster-General, I send to the Senate herewith the letter of the Postmaster-General furnishing the desired information.
Z. TAYLOR.
MARCH 8, 1850.
_To the Senate of the United States:_
The Postmaster-General has this day communicated to me the letter herewith transmitted, in addition to his communication by me sent to the Senate on the 6th instant, in relation to the inquiries contained in the resolution of the Senate as to the appointment of postmasters.
Z. TAYLOR.
WASHINGTON, _March 19, 1850_.
_To the Senate of the United States:_
I transmit herewith, for the consideration and constitutional action of the Senate, a communication from the Secretary of the Interior, covering two treaties with Indians of New Mexico, one negotiated with the Navajo tribe on the 9th of September last by Colonel John Washington, of the Army, and J.S. Calhoun, United States Indian agent at Santa Fe, and the other with the Utah tribe, negotiated by J.S. Calhoun on the 13th of December last.
Z. TAYLOR.
WASHINGTON, _March 19, 1850_.
_To the Senate of the United States:_
I herewith transmit to the Senate, for their advice in regard to its ratification, "a general treaty of amity, navigation, and commerce" between the United States of America and the State of Nicaragua, concluded at Leon by E. George Squier, chargé d'affaires of the United States, on their part, and Señor Zepeda, on the part of the Republic of Nicaragua.
I also transmit, for the advice of the Senate in regard to its ratification, "a general treaty of amity, navigation, and commerce" negotiated by Mr. Squier with the Republic of San Salvador.
I also transmit to the Senate a copy of the instructions to and correspondence with the said chargé d'affaires relating to those treaties.
I also transmit, for the advice of the Senate in regard to its ratification, "a general treaty of peace, amity, commerce, and navigation" negotiated by Elijah Hise, our late chargé d'affaires, with the State of Guatemala.
I also transmit, for the information of the Senate, a copy of a treaty negotiated by Mr. Hise with the Government of Nicaragua on the 21st of June last, accompanied by copies of his instructions from and correspondence with the Department of State.
On the 12th day of November, 1847, Señor Buétrago, secretary of state and of the affairs of war and foreign relations and domestic administration of the Supreme Government of the State of Nicaragua, addressed a letter from the Government House at Leon to Mr. Buchanan, then Secretary of State of the United States, asking the friendly offices of this Government to prevent an attack upon the town of San Juan de Nicaragua, then contemplated by the British authorities as the allies of the Mosquito King. That letter, a translation of which is herewith sent, distinctly charges that--
The object of the British in taking this key of the continent is not to protect the small tribe of the Mosquitos, but to establish their own empire over the Atlantic extremity of the line, by which a canal connecting the two oceans is most practicable, insuring to them the preponderance on the American continent, as well as their direct relations with Asia, the East Indies, and other important countries in the world.
No answer appears to have been returned to this letter.
A communication was received by my predecessor from Don José Guerrero, President and Supreme Director of the State of Nicaragua, dated the 15th day of December, 1847, expressing his desire to establish relations of amity and commerce with the United States, a translation of which is herewith inclosed. In this the President of Nicaragua says:
My desire was carried to the utmost on seeing in your message at the opening of the Twenty-ninth Congress of your Republic a sincere profession of political faith in all respects conformable with the principles professed by these States, determined, as they are, to sustain with firmness the continental cause, the rights of Americans in general, and the noninterference of European powers in their concerns.
This letter announces the critical situation in which Nicaragua was placed and charges upon the Court of St. James a "well-known design to establish colonies on the coast of Nicaragua and to render itself master of the interoceanic canal, for which so many facilities are presented by the isthmus in that State." No reply was made to this letter.
The British ships of war _Alarm_ and _Vixen_ arrived at San Juan de Nicaragua on the 8th day of February, 1848, and on the 12th of that month the British forces, consisting of 260 officers and men, attacked and captured the post of Serapaqui, garrisoned, according to the British statements, by about 200 soldiers, after a sharp action of one hour and forty minutes.
On the 7th day of March, 1848, articles of agreement were concluded by Captain Locke, on the part of Great Britain, with the commissioners of the State of Nicaragua in the island of Cuba, in the Lake of Nicaragua, a copy of which will be found in the correspondence relating to the Mosquito Territory presented to and published by the House of Commons of Great Britain on the 3d day of July, 1848, herewith submitted. A copy of the same document will also be found accompanying the note of the minister for foreign affairs of Nicaragua to the Secretary of State of the United States under date the 17th March, 1848.
By the third article of the agreement it is provided that Nicaragua "shall not disturb the inhabitants of San Juan, understanding that any such act will be considered by Great Britain as a declaration of open hostilities." By the sixth article it is provided that these articles of agreement will not "hinder Nicaragua from soliciting by means of a commissioner to Her Britannic Majesty a final arrangement of these affairs."
The communication from Señor Sebastian Salinas, the secretary of foreign affairs of the State of Nicaragua, to Mr. Buchanan, the Secretary of State of the United States, dated 17th March, 1848, a translation of which is herewith submitted, recites the aggressions of Great Britain and the seizure of a part of the Nicaraguan territory in the name of the Mosquito King. No answer appears to have been given to this letter.
On the 28th day of October, 1847, Joseph W. Livingston was appointed by this Government consul of the United States for the port of San Juan de Nicaragua. On the 16th day of December, 1847, after having received his exequatur from the Nicaraguan Government, he addressed a letter to Mr. Buchanan, Secretary of State, a copy of which is herewith submitted, representing that he had been informed that the English Government would take possession of San Juan de Nicaragua in January, 1848.
In another letter, dated the 8th of April, 1848, Mr. Livingston states that "at the request of the minister for foreign affairs of Nicaragua he transmits a package of papers containing the correspondence relative to the occupation of the port of San Juan by British forces in the name of the Mosquito nation."
On the 3d day of June, 1848, Elijah Hise, being appointed chargé d'affaires of the United States to Guatemala, received his instructions, a copy of which is herewith submitted. In these instructions the following passages occur: