Chapter 11

In the early periods of the Government the opinion and advice of the Senate were often taken in advance upon important questions of our foreign policy. General Washington repeatedly consulted the Senate and asked their previous advice upon pending negotiations with foreign powers, and the Senate in every instance responded to his call by giving their advice, to which he always conformed his action. This practice, though rarely resorted to in later times, was, in my judgment, eminently wise, and may on occasions of great importance be properly revived. The Senate are a branch of the treaty-making power, and by consulting them in advance of his own action upon important measures of foreign policy which may ultimately come before them for their consideration the President secures harmony of action between that body and himself. The Senate are, moreover, a branch of the war-making power, and it may be eminently proper for the Executive to take the opinion and advice of that body in advance upon any great question which may involve in its decision the issue of peace or war. On the present occasion the magnitude of the subject would induce me under any circumstances to desire the previous advice of the Senate, and that desire is increased by the recent debates and proceedings in Congress, which render it, in my judgment, not only respectful to the Senate, but necessary and proper, if not indispensable to insure harmonious action between that body and the Executive. In conferring on the Executive the authority to give the notice for the abrogation of the convention of 1827 the Senate acted publicly so large a part that a decision on the proposal now made by the British Government, without a definite knowledge of the views of that body in reference to it, might render the question still more complicated and difficult of adjustment. For these reasons I invite the consideration of the Senate to the proposal of the British Government for the settlement of the Oregon question, and ask their advice on the subject.

My opinions and my action on the Oregon question were fully made known to Congress in my annual message of the 2d of December last, and the opinions therein expressed remain unchanged.

Should the Senate, by the constitutional majority required for the ratification of treaties, advise the acceptance of this proposition, or advise it with such modifications as they may upon full deliberation deem proper, I shall conform my action to their advice. Should the Senate, however, decline by such constitutional majority to give such advice or to express an opinion on the subject, I shall consider it my duty to reject the offer.

I also communicate herewith an extract from a dispatch of the Secretary of State to the minister of the United States at London under date of the 28th of April last, directing him, in accordance with the joint resolution of Congress "concerning the Oregon Territory," to deliver the notice to the British Government for the abrogation of the convention of the 6th of August, 1827, and also a copy of the notice transmitted to him for that purpose, together with extracts from a dispatch of that minister to the Secretary of State bearing date on the 18th day of May last.

JAMES K. POLK.

WASHINGTON, _June 11, 1846_.

_To the Senate of the United States:_

I transmit herewith a communication from the Secretary of War, which is accompanied by documents relating to General Gaines's calls for volunteers, received since the answer was made to the resolution of the Senate of the 5th instant on that subject, and which I deem it proper to submit for the further information of the Senate.

JAMES K. POLK.

WASHINGTON, _June 12, 1846_.

_To the Senate and House of Representatives:_

I transmit herewith for the information of Congress, official reports received at the War Department from the officer commanding the Army on the Mexican frontier, giving a detailed report of the operations of the Army in that quarter, and particularly of the recent engagements[9] between the American and Mexican forces.

JAMES K. POLK.

[Footnote 9: Palo Alto and Resaca de la Palma.]

WASHINGTON, _June 15, 1846_.

_To the Senate of the United States:_

I transmit herewith a communication from the Secretary of War, accompanied by a report of an expedition led by Lieutenant Abert on the Upper Arkansas and through the country of the Camanche Indians in the fall of the year 1845, as requested by the resolution of the Senate of the 9th instant.

JAMES K. POLK.

WASHINGTON, _June 16, 1846_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 3d instant, I communicate herewith estimates prepared by the War and Navy Departments of the probable expenses of conducting the existing war with Mexico during the remainder of the present and the whole of the next fiscal year. I communicate also a report of the Secretary of the Treasury, based upon these estimates, containing recommendations of measures for raising the additional means required. It is probable that the actual expenses incurred during the period specified may fall considerably below the estimates submitted, which are for a larger number of troops than have yet been called to the field. As a precautionary measure, however, against any possible deficiency, the estimates have been made at the largest amount which any state of the service may require.

It will be perceived from the report of the Secretary of the Treasury that a considerable portion of the additional amount required may be raised by a modification of the rates of duty imposed by the existing tariff laws. The high duties at present levied on many articles totally exclude them from importation, whilst the quantity and amount of others which are imported are greatly diminished. By reducing these duties to a revenue standard, it is not doubted that a large amount of the articles on which they are imposed would be imported, and a corresponding amount of revenue be received at the Treasury from this source. By imposing revenue duties on many articles now permitted to be imported free of duty, and by regulating the rates within the revenue standard upon others, a large additional revenue will be collected. Independently of the high considerations which induced me in my annual message to recommend a modification and reduction of the rates of duty imposed by the act of 1842 as being not only proper in reference to a state of peace, but just to all the great interests of the country, the necessity of such modification and reduction as a war measure must now be manifest. The country requires additional revenue for the prosecution of the war. It may be obtained to a great extent by reducing the prohibitory and highly protective duties imposed by the existing laws to revenue rates, by imposing revenue duties on the free list, and by modifying the rates of duty on other articles.

The modifications recommended by the Secretary of the Treasury in his annual report in December last were adapted to a state of peace, and the additional duties now suggested by him are with a view strictly to raise revenue as a war measure. At the conclusion of the war these duties may and should be abolished and reduced to lower rates.

It is not apprehended that the existing war with Mexico will materially affect our trade and commerce with the rest of the world. On the contrary, the reductions proposed would increase that trade and augment the revenue derived from it.

When the country is in a state of war no contingency should be permitted to occur in which there would be a deficiency in the Treasury for the vigorous prosecution of the war, and to guard against such an event it is recommended that contingent authority be given to issue Treasury notes or to contract a loan for a limited amount, reimbursable at an early day. Should no occasion arise to exercise the power, still it may be important that the authority should exist should there be a necessity for it.

It is not deemed necessary to resort to direct taxes or excises, the measures recommended being deemed preferable as a means of increasing the revenue. It is hoped that the war with Mexico, if vigorously prosecuted, as is contemplated, may be of short duration. I shall be at all times ready to conclude an honorable peace whenever the Mexican Government shall manifest a like disposition. The existing war has been rendered necessary by the acts of Mexico, and whenever that power shall be ready to do us justice we shall be prepared to sheath the sword and tender to her the olive branch of peace.

JAMES K. POLK.

WASHINGTON, _June 16, 1846_.

_To the Senate of the United States_:

In accordance with the resolution of the Senate of the 12th instant, that "the President of the United States be, and he is hereby, advised to accept the proposal of the British Government accompanying his message to the Senate dated 10th June, 1846, for a convention to settle boundaries, etc., between the United States and Great Britain west of the Rocky or Stony Mountains," a convention was concluded and signed on the 15th instant by the Secretary of State, on the part of the United States, and the envoy extraordinary and minister plenipotentiary of Her Britannic Majesty, on the part of Great Britain.

This convention I now lay before the Senate, for their consideration with a view to its ratification.

JAMES K. POLK.

WASHINGTON, _June 17, 1846_.

_To the House of Representatives of the United States_:

I communicate herewith a report from the Secretary of the Navy, accompanied with the correspondence called for by the resolution of the House of Representatives of the 4th of May last, between Commander G.J. Pendergrast and the Governments on the Rio de la Plata, and the foreign naval commanders and the United States minister at Buenos Ayres and the Navy Department, whilst or since said Pendergrast was in command of the United States ship _Boston_ in the Rio de la Plata, touching said service.

JAMES K. POLK.

WASHINGTON, _June 23, 1846_.

_To the Senate of the United States_:

I herewith communicate to the Senate, for its consideration, a convention concluded by the minister of the United States at Berlin with the Duchy of Nassau, dated on the 27th May, 1846, for the mutual abolition of the _droit d'aubaine_ and taxes on emigration between that State of the Germanic Confederation and the United States of America, and also a dispatch from the minister explanatory of the convention.

JAMES K. POLK.

WASHINGTON, _June 24, 1846_.

_To the Senate_:

I transmit herewith a communication from the Secretary of War, accompanied by a report from the Commissioner of Indian Affairs, in reply to the resolution of the Senate of the 9th instant, requiring information on the subject of the removal of the Chippewa Indians from the mineral lands on Lake Superior.

JAMES K. POLK.

WASHINGTON, _July 2, 1846_.

_To the House of Representatives_:

I transmit herewith a report from the Secretary of State, together with copies of the correspondence in the year 1841 between the President of the United States and the governor of New York relative to the appearance of Joshua A. Spencer, esq., district attorney of the United States for the western district of New York in the courts of the State of New York as counsel for Alexander McLeod, called for by the resolution of the House of Representatives of the 10th of April, 1846.

JAMES K. POLK.

WASHINGTON, _July 7, 1846_.

_To the Senate of the United States_:

I herewith communicate to the Senate, for its consideration, a treaty of commerce and navigation between the United States and the Kingdom of Hanover, concluded and signed at Hanover on the 10th ultimo by the respective plenipotentiaries.

And I communicate at the same time extracts of a dispatch from the agent of the United States explanatory of the treaty.

JAMES K. POLK.

WASHINGTON, _July 9, 1846_.

_To the Senate of the United States_:

I transmit herewith, for the consideration and advice of the Senate with regard to its ratification, a treaty concluded on the 5th and 17th days of June last by T.P. Andrews, Thomas A. Harvey, and Gideon C. Matlock, commissioners on the part of the United States, and the various bands of the Pottawatomies, Chippewa, and Ottawa Indians, together with a report of the Commissioner of Indian Affairs and other papers explanatory of the same.

JAMES K. POLK.

WASHINGTON, _July 9, 1846_.

_To the Senate of the United States_:

I communicate herewith a report from the Secretary of the Treasury, transmitting a report from the Commissioner of Public Lands in reply to the resolution of the Senate of the 22d of June, 1846, calling for information of the "progress which has been made in the surveys of the mineral region upon Lake Superior, and within what time such surveys may probably be prepared for the sales of the lands in that country." In answer to that portion of the resolution which calls for the "views" of the Executive "respecting the proper mode of disposing of said lands, keeping in view the interest of the United States and the equitable claims of individuals who, under the authority of the War Department, have made improvements thereon or acquired rights of possession," I recommend that these lands be brought into market and sold at such price and under such regulations as Congress may prescribe, and that the right of preemption be secured to such persons as have, under the authority of the War Department, made improvements or acquired rights of possession thereon. Should Congress deem it proper to authorize the sale of these lands, it will be necessary to attach them to suitable land districts, and that they be placed under the management and control of the General Land Office, as other public lands.

JAMES K. POLK.

WASHINGTON, _July 11, 1846_.

_To the Senate of the United States_.

I communicate herewith a report from the Secretary of War, together with copies of the reports of the board of engineers heretofore employed in an examination of the coast of Texas with a view to its defense and improvement, called for by the resolution of the 29th June, 1846.

JAMES K. POLK.

WASHINGTON, _July 15, 1846_.

_To the Senate of the United States_:

I transmit herewith, for the consideration of the Senate, a treaty concluded on the 15th day of May last with the Comanche and other tribes or bands of Indians of Texas and the Southwestern prairies. I also inclose a communication from the Secretary of War and a report from the Commissioner of Indian Affairs, with accompanying documents, which contain full explanations of the considerations which led to the negotiation of the treaty and the general objects sought to be accomplished by it.

JAMES K. POLK.

WASHINGTON, _July 21, 1846_.

_To the Senate of the United States_:

I herewith transmit, in compliance with the request of the Senate in their resolution of the 17th of June, 1846, a report of the Secretary of State, together with a copy of all "the dispatches and instructions" "relative to the Oregon treaty" "forwarded to our minister, Mr. McLane," "not heretofore communicated to the Senate," including a statement of the propositions for the adjustment of the Oregon question previously made and rejected by the respective Governments. This statement was furnished to Mr. McLane before his departure from the country, and is dated on the 12th July, 1845, the day on which the note was addressed by the Secretary of State to Mr. Pakenham offering to settle the controversy by the forty-ninth parallel of latitude, which was rejected by that minister on the 29th July following.

The Senate will perceive that extracts from but two of Mr. McLane's "dispatches and communications to this Government" are transmitted, and these only because they were necessary to explain the answers given to them by the Secretary of State.

These dispatches are both numerous and voluminous, and, from their confidential character, their publication, it is believed, would be highly prejudicial to the public interests.

Public considerations alone have induced me to withhold the dispatches of Mr. McLane addressed to the Secretary of State. I concur with the Secretary of State in the views presented in his report herewith transmitted, against the publication of these dispatches.

Mr. McLane has performed his whole duty to his country, and I am not only willing, but anxious, that every Senator who may desire it shall have an opportunity of perusing these dispatches at the Department of State. The Secretary of State has been instructed to afford every facility for this purpose.

JAMES K. POLK.

WASHINGTON, _July 21, 1846_.

_To the Senate of the United States_:

I communicate herewith a report from the Secretary of State, in answer to the resolution of the Senate of the 18th of June, 1846, calling for certain information in relation to the Oregon Territory.

JAMES K. POLK.

WASHINGTON, _August 4, 1846_.

_To the Senate of the United States_:

I herewith communicate to the Senate the copy of a letter, under date of the 27th ultimo, from the Secretary of State of the United States to the minister of foreign relations of the Mexican Republic, again proposing to open negotiations and conclude a treaty of peace which shall adjust all the questions in dispute between the two Republics. Considering the relative power of the two countries, the glorious events which have already signalized our arms, and the distracted condition of Mexico, I did not conceive that any point of national honor could exist which ought to prevent me from making this overture. Equally anxious to terminate by a peace honorable for both parties as I was originally to avoid the existing war, I have deemed it my duty again to extend the olive branch to Mexico. Should the Government of that Republic accept the offer in the same friendly spirit by which it was dictated, negotiations will speedily commence for the conclusion of a treaty.

The chief difficulty to be anticipated in the negotiation is the adjustment of the boundary between the parties by a line which shall at once be satisfactory to both, and such as neither will hereafter be inclined to disturb. This is the best mode of securing perpetual peace and good neighborhood between the two Republics. Should the Mexican Government, in order to accomplish these objects, be willing to cede any portion of their territory to the United States, we ought to pay them a fair equivalent--a just and honorable peace, and not conquest, being our purpose in the prosecution of the war.

Under these circumstances, and considering the exhausted and distracted condition of the Mexican Republic, it might become necessary in order to restore peace that I should have it in my power to advance a portion of the consideration money for any cession of territory which may be made. The Mexican Government might not be willing to wait for the payment of the whole until the treaty could be ratified by the Senate and an appropriation to carry it into effect be made by Congress, and the necessity for such a delay might defeat the object altogether. I would therefore suggest whether it might not be wise for Congress to appropriate a sum such as they might consider adequate for this purpose, to be paid, if necessary, immediately upon the ratification of the treaty by Mexico. This disbursement would of course be accounted for at the Treasury, not as secret-service money, but like other expenditures.

Two precedents for such a proceeding exist in our past history, during the Administration of Mr. Jefferson, to which I would call your attention. On the 26th February, 1803, Congress passed an act appropriating $2,000,000 for the purpose of defraying any extraordinary expenses which may be incurred in the intercourse "between the United States and foreign nations," "to be applied under the direction of the President of the United States, who shall cause an account of the expenditure thereof to be laid before Congress as soon as may be;" and on the 13th February, 1806, an appropriation was made of the same amount and in the same terms. The object in the first case was to enable the President to obtain the cession of Louisiana, and in the second that of the Florida. In neither case was the money actually drawn from the Treasury, and I should hope that the result might be similar in this respect on the present occasion, though the appropriation is deemed expedient as a precautionary measure.

I refer the whole subject to the Senate in executive session. If they should concur in opinion with me, then I recommend the passage of a law appropriating such a sum as Congress may deem adequate, to be used by the Executive, if necessary, for the purpose which I have indicated.

In the two cases to which I have referred the special purpose of the appropriation did not appear on the face of the law, as this might have defeated the object; neither, for the same reason, in my opinion, ought it now to be stated.

I also communicate to the Senate the copy of a letter from the Secretary of State to Commodore Conner of the 29th ultimo, which was transmitted to him on the day it bears date.

JAMES K. POLK.

WASHINGTON, _August 5, 1846._

_To the Senate and House of Representatives of the United States_:

I communicate herewith a copy of a convention for the settlement and adjustment of the Oregon question, which was concluded in this city on the 15th day of June last between the United States and Her Britannic Majesty. This convention has since been duly ratified by the respective parties, and the ratifications were exchanged at London on the 17th day of July, 1846.

It now becomes important that provision should be made by law at the earliest practicable period for the organization of a Territorial government in Oregon.

It is also deemed proper that our laws regulating trade and intercourse with the Indian tribes east of the Rocky Mountains should be extended to such tribes within our territory as dwell beyond them, and that a suitable number of Indian agents should be appointed for the purpose of carrying these laws into execution.

It is likewise important that mail facilities, so indispensable for the diffusion of information and for binding together the different portions of our extended Confederacy, should be afforded to our citizens west of the Rocky Mountains.

There is another subject to which I desire to call your special attention. It is of great importance to our country generally, and especially to our navigating and whaling interests, that the Pacific Coast, and, indeed, the whole of our territory west of the Rocky Mountains, should speedily be filled up by a hardy and patriotic population. Emigrants to that territory have many difficulties to encounter and privations to endure in their long and perilous journey, and by the time they reach their place of destination their pecuniary means are generally much reduced, if not altogether exhausted. Under these circumstances it is deemed but an act of justice that these emigrants, whilst most effectually advancing the interests and policy of the Government, should be aided by liberal grants of land. I would therefore recommend that such grants be made to actual settlers upon the terms and under the restrictions and limitations which Congress may think advisable.

JAMES K. POLK.

WASHINGTON, _August 7, 1846_.

_To the Senate of the United States_:

I communicate herewith a report from the Secretary of the Navy, with the accompanying documents, in answer to the resolution of the Senate of August 6, 1846, calling for the report of the board of naval officers, recently in session in this city, including the orders under which it was convened and the evidence which may have been laid before it.

JAMES K. POLK.

WASHINGTON, _August 7, 1846_.

_To the Senate of the United States_: