Chapter 26

I herewith communicate to the Senate, for its consideration, a declaration of the Government of the Grand Duchy of Mecklenburg-Schwerin, bearing date at the city of Schwerin on the 9th December, 1847, acceding substantially to the stipulations of our treaty of commerce and navigation with Hanover of the 10th June, 1846.

Under the twelfth article of this treaty--

The United States agree to extend all the advantages and privileges contained in the stipulations of the present treaty to one or more of the other States of the Germanic Confederation which may wish to accede to them, by means of an official exchange of declarations, provided that such State or States shall confer similar favors upon the said United States to those conferred by the Kingdom of Hanover, and observe and be subject to the same conditions, stipulations, and obligations.

This declaration of the Grand Duchy of Mecklenburg-Schwerin is submitted to the Senate, because in its eighth and eleventh articles it is not the same in terms with the corresponding articles of our treaty with Hanover. The variations, however, are deemed unimportant, while the admission of our "paddy," or rice in the husk, into Mecklenburg-Schwerin free of import duty is an important concession not contained in the Hanoverian treaty. Others might be mentioned, which will appear upon inspection. Still, as the stipulations in the two articles just mentioned in the declaration are not the same as those contained in the corresponding articles of our treaty with Hanover, I deem it proper to submit this declaration to the Senate for their consideration before issuing a proclamation to give it effect.

I also communicate a dispatch from the special agent on the part of the United States, which accompanied the declaration.

JAMES K. POLK.

WASHINGTON, _January 24, 1848_.

_To the Senate of the United States_:

In compliance with the request of the Senate in their resolution of the 13th instant, I herewith communicate a report from the Secretary of War, with the accompanying correspondence, containing the information called for, in relation to forced contributions in Mexico.

JAMES K. POLK.

WASHINGTON, _January 31, 1848_.

_To the Senate of the United States_:

I transmit herewith a report from the Secretary of War, containing the information called for in the resolution of the Senate of the 20th instant, in relation to General Orders, No. 376,[16] issued by General Scott at headquarters, Mexico, bearing date the 15th December last.

JAMES K. POLK.

[Footnote 16: Relating to the levying of taxes and duties upon Mexican products, etc., for the support of the United States Army in Mexico.]

WASHINGTON, _January 31, 1848_.

_To the Senate of the United States_:

I communicate herewith a report of the Secretary of War, with the accompanying documents, in answer to the resolution of the Senate of the 24th instant, requesting to be furnished with "copies of the letters, reports, or other communications which are referred to in the letter of General Zachary Taylor dated at New Orleans, 20th July, 1845, and addressed to the Secretary of War, and which are so referred to as containing the views of General Taylor, previously communicated, in regard to the line proper to be occupied at that time by the troops of the United States; and any similar communication from any officer of the Army on the same subject."

JAMES K. POLK.

WASHINGTON, _February 2, 1848_.

_To the Senate of the United States_:

In answer to a resolution of the Senate of the 13th January, 1848, calling for information on the subject of the negotiation between the commissioner of the United States and the commissioners of Mexico during the suspension of hostilities after the battles of Contreras and Churubusco, I transmit a report from the Secretary of State and the documents which accompany it.

I deem it proper to add that the invitation from the commissioner of the United States to submit the proposition of boundary referred to in his dispatch (No. 15) of the 4th of September, 1847, herewith communicated, was unauthorized by me, and was promptly disapproved; and this disapproval was communicated to the commissioner of the United States with the least possible delay.

JAMES K. POLK.

WASHINGTON, _February 3, 1848_.

_To the House of Representatives of the United States_:

In compliance with the request of the House of Representatives contained in their resolution of the 31st of January, 1848, I communicate herewith a report of the Secretary of War, transmitting "a copy of General Taylor's answer[17] to the letter dated January 27, 1847," addressed to him by the Secretary of War.

JAMES K. POLK.

[Footnote 17: Relating to the publication of a letter from General Taylor to General Gaines concerning the operations of the United States forces in Mexico.]

WASHINGTON, _February 8, 1848_.

_To the House of Representatives of the United States_:

In compliance with the resolution of the House of Representatives of the 31st January last, I communicate herewith the report of the Secretary of State, accompanied by "the documents and correspondence not already published relating to the final adjustment of the difficulties between Great Britain and the United States concerning rough rice and paddy."

JAMES K. POLK.

WASHINGTON, _February 10, 1848_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 1st instant, requesting to be informed whether "any taxes, duties, or imposts" have been "laid and collected upon goods and merchandise belonging to citizens of the United States exported by such citizens from the United States to Mexico, and, if so, what is the rate of such duties, and what amount has been collected, and also by what authority of law the same have been laid and collected," I refer the Senate to my annual message of the 7th of December last, in which I informed Congress that orders had been given to our military and naval commanders in Mexico to adopt the policy, as far as practicable, of levying military contributions upon the enemy for the support of our Army.

As one of the modes adopted for levying such contributions, it was stated in that message that--

On the 31st of March last I caused an order to be issued to our military and naval commanders to levy and collect a military contribution upon all vessels and merchandise which might enter any of the ports of Mexico in our military occupation, and to apply such contributions toward defraying the expenses of the war. By virtue of the right of conquest and the laws of war, the conqueror, consulting his own safety or convenience, may either exclude foreign commerce altogether from all such ports or permit it upon such terms and conditions as he may prescribe. Before the principal ports of Mexico were blockaded by our Navy the revenue derived from import duties under the laws of Mexico was paid into the Mexican treasury. After these ports had fallen into our military possession the blockade was raised and commerce with them permitted upon prescribed terms and conditions. They were opened to the trade of all nations upon the payment of duties more moderate in their amount than those which had been previously levied by Mexico, and the revenue, which was formerly paid into the Mexican treasury, was directed to be collected by our military and naval officers and applied to the use of our Army and Navy. Care was taken that the officers, soldiers, and sailors of our Army and Navy should be exempted from the operations of the order, and, as the merchandise imported upon which the order operated must be consumed by Mexican citizens, the contributions exacted were in effect the seizure of the public revenues of Mexico and the application of them to our own use. In directing this measure the object was to compel the enemy to contribute as far as practicable toward the expenses of the war.

A copy of the order referred to, with the documents accompanying it, has been communicated to Congress.

The order operated upon the vessels and merchandise of all nations, whether belonging to citizens of the United States or to foreigners, arriving in any of the ports in Mexico in our military occupation. The contributions levied were a tax upon Mexican citizens, who were the consumers of the merchandise imported. But for the permit or license granted by the order all vessels and merchandise belonging to citizens of the United States were necessarily excluded from all commerce with Mexico from the commencement of the war. The coasts and ports of Mexico were ordered to be placed under blockade on the day Congress declared the war to exist, and by the laws of nations the blockade applied to the vessels of the United States as well as to the vessels of all other nations. Had no blockade been declared, or had any of our merchant vessels entered any of the ports of Mexico not blockaded, they would have been liable to be seized and condemned as lawful prize by the Mexican authorities. When the order was issued, it operated as a privilege to the vessels of the United States as well as to those of foreign countries to enter the ports held by our arms upon prescribed terms and conditions. It was altogether optional with citizens of the United States and foreigners to avail themselves of the privileges granted upon the terms prescribed.

Citizens of the United States and foreigners have availed themselves of these privileges.

No principle is better established than that a nation at war has the right of shifting the burden off itself and imposing it on the enemy by exacting military contributions. The mode of making such exactions must be left to the discretion of the conqueror, but it should be exercised in a manner conformable to the rules of civilized warfare.

The right to levy these contributions is essential to the successful prosecution of war in an enemy's country, and the practice of nations has been in accordance with this principle. It is as clearly necessary as the right to fight battles, and its exercise is often essential to the subsistence of the army.

Entertaining no doubt that the military right to exclude commerce altogether from the ports of the enemy in our military occupation included the minor right of admitting it under prescribed conditions, it became an important question at the date of the order whether there should be a discrimination between vessels and cargoes belonging to citizens of the United States and vessels and cargoes belonging to neutral nations.

Had the vessels and cargoes belonging to citizens of the United States been admitted without the payment of any duty, while a duty was levied on foreign vessels and cargoes, the object of the order would have been defeated. The whole commerce would have been conducted in American vessels, no contributions could have been collected, and the enemy would have been furnished with goods without the exaction from him of any contribution whatever, and would have been thus benefited by our military occupation, instead of being made to feel the evils of the war. In order to levy these contributions and to make them available for the support of the Army, it became, therefore, absolutely necessary that they should be collected upon imports into Mexican ports, whether in vessels belonging to citizens of the United States or to foreigners.

It was deemed proper to extend the privilege to vessels and their cargoes belonging to neutral nations. It has been my policy since the commencement of the war with Mexico to act justly and liberally toward all neutral nations, and to afford to them no just cause of complaint; and we have seen the good consequences of this policy by the general satisfaction which it has given.

In answer to the inquiry contained in the resolution as to the rates of duties imposed, I refer you to the documents which accompanied my annual message of the 7th of December last, which contain the information.

From the accompanying reports of the Secretary of War and the Secretary of the Navy it will be seen that the contributions have been collected on all vessels and cargoes, whether American or foreign; but the returns to the Departments do not show with exactness the amounts collected on American as distinguishable from foreign vessels and merchandise.

JAMES K. POLK.

WASHINGTON, _February 10, 1848_.

_To the House of Representatives of the United States_:

In answer to the resolution of the House of Representatives of the 7th instant, I transmit herewith a report from the Secretary of State.

No communication has been received from Mexico "containing propositions from the Mexican authorities or commissioners for a treaty of peace," except the "counter projet" presented by the Mexican commissioners to the commissioners of the United States on the 6th of September last, a copy of which, with the documents accompanying it, I communicated to the Senate of the United States on the 2d instant. A copy of my communication to the Senate embracing this "projet" is herewith communicated.

JAMES K. POLK.

WASHINGTON, _February 14, 1848_.

_To the Senate of the United States_:

I transmit, for the consideration of the Senate with a view to ratification, a treaty of peace, friendship, commerce, and navigation between the United States and the Republic of Peru, concluded and signed in this city on the 9th instant by the Secretary of State and the minister plenipotentiary of Peru, in behalf of their respective Governments. I also transmit a copy of the correspondence between them which led to the treaty.

JAMES K. POLK.

WASHINGTON, _February 15, 1848_.

_To the Senate of the United States_:

I communicate herewith a report of the Secretary of War, together with the accompanying report of the Adjutant-General, in answer to the resolution of the Senate of the 7th instant, calling for information in regard to the order or law by virtue of which certain words "in relation to the promotion of cadets have been inserted in the Army Register of the United States, page 45, in the year 1847."

JAMES K. POLK.

WASHINGTON, _February 22, 1848_.

_To the Senate of the United States_:

I lay before the Senate, for their consideration and advice as to its ratification, a treaty of peace, friendship, limits, and settlement, signed at the city of Guadalupe Hidalgo on the 2d day of February, 1848, by N.P. Trist on the part of the United States, and by plenipotentiaries appointed for that purpose on the part of the Mexican Government.

I deem it to be my duty to state that the recall of Mr. Trist as commissioner of the United States, of which Congress was informed in my annual message, was dictated by a belief that his continued presence with the Army could be productive of no good, but might do much harm by encouraging the delusive hopes and false impressions of the Mexicans, and that his recall would satisfy Mexico that the United States had no terms of peace more favorable to offer. Directions were given that any propositions for peace which Mexico might make should be received and transmitted by the commanding general of our forces to the United States.

It was not expected that Mr. Trist would remain in Mexico or continue in the exercise of the functions of the office of commissioner after he received his letter of recall. He has, however, done so, and the plenipotentiaries of the Government of Mexico, with a knowledge of the fact, have concluded with him this treaty. I have examined it with a full sense of the extraneous circumstances attending its conclusion and signature, which might be objected to, but conforming as it does substantially on the main questions of boundary and indemnity to the terms which our commissioner, when he left the United States in April last, was authorized to offer, and animated as I am by the spirit which has governed all my official conduct toward Mexico, I have felt it to be my duty to submit it to the Senate for their consideration with a view to its ratification.

To the tenth article of the treaty there are serious objections, and no instructions given to Mr. Trist contemplated or authorized its insertion. The public lands within the limits of Texas belong to that State, and this Government has no power to dispose of them or to change the conditions of grants already made. All valid titles to lands within the other territories ceded to the United States will remain unaffected by the change of sovereignty; and I therefore submit that this article should not be ratified as a part of the treaty.

There may be reason to apprehend that the ratification of the "additional and secret article" might unreasonably delay and embarrass the final action on the treaty by Mexico. I therefore submit whether that article should not be rejected by the Senate.

If the treaty shall be ratified as proposed to be amended, the cessions of territory made by it to the United States as indemnity, the provision for the satisfaction of the claims of our injured citizens, and the permanent establishment of the boundary of one of the States of the Union are objects gained of great national importance, while the magnanimous forbearance exhibited toward Mexico, it is hoped, may insure a lasting peace and good neighborhood between the two countries.

I communicate herewith a copy of the instructions given to Mr. Slidell in November, 1845, as envoy extraordinary and minister plenipotentiary to Mexico; a copy of the instructions given to Mr. Trist in April last, and such of the correspondence of the latter with the Department of State, not heretofore communicated to Congress, as will enable the Senate to understand the action which has been had with a view to the adjustment of our difficulties with Mexico.

JAMES K. POLK.

WASHINGTON, _February 28, 1848_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 24th instant, requesting to be informed whether the active operations of the Army of the United States in Mexico have been, and now are, suspended, and, if so, by whose agency and in virtue of what authority such armistice has been effected, I have to state that I have received no information relating to the subject other than that communicated to the Senate with my executive message of the 22d instant.

JAMES K. POLK.

WASHINGTON, _February 29, 1848_.

_To the Senate of the United States_:

In compliance with the resolution of the Senate passed in "executive session" on yesterday, requesting the President "to communicate to the Senate, _in confidence_, the entire correspondence between Mr. Trist and the Mexican commissioners from the time of his arrival in Mexico until the time of the negotiation of the treaty submitted to the Senate; and also the entire correspondence between Mr. Trist and the Secretary of State in relation to his negotiations with the Mexican commissioners; also all the correspondence between General Scott and the Government and between General Scott and Mr. Trist since the arrival of Mr. Trist in Mexico which may be in the possession of the Government," I transmit herewith the correspondence called for. These documents are very voluminous, and presuming that the Senate desired them in reference to early action on the treaty with Mexico submitted to the consideration of that body by my message of the 22d instant, the originals of several of the letters of Mr. Trist are herewith, communicated, in order to save the time which would necessarily be required to make copies of them. These original letters, it is requested, may be returned when the Senate shall have no further use for them.

The letters of Mr. Trist to the Secretary of State, and especially such of them as bear date subsequent to the receipt by him of his letter of recall as commissioner, it will be perceived, contain much matter that is impertinent, irrelevant, and highly exceptionable. Four of these letters, bearing date, respectively, the 29th December, 1847, January 12, January 22, and January 25, 1848, have been received since the treaty was submitted to the Senate. In the latter it is stated that the Mexican commissioners who signed the treaty derived "their full powers, bearing date on the 30th December, 1847, from the President _ad interim_ of the Republic (General Anaya), constitutionally elected to that office in November by the Sovereign Constituent Congress" of Mexico. It is impossible that I can approve the conduct of Mr. Trist in disobeying the positive orders of his Government contained in the letter recalling him, or do otherwise than condemn much of the matter with which he has chosen to encumber his voluminous correspondence. Though all of his acts since his recall might have been disavowed by his Government, yet Mexico can take no such exception. The treaty which the Mexican commissioners have negotiated with him, with a full knowledge on their part that he had been recalled from his mission, _is_ binding on Mexico.

Looking at the actual condition of Mexico, and believing that if the present treaty be rejected the war will probably be continued at great expense of life and treasure for an indefinite period, and considering that the terms, with the exceptions mentioned in my message of the 22d instant, conform substantially, so far as relates to the main question of boundary, to those authorized by me in April last, I considered it to be my solemn duty to the country, uninfluenced by the exceptionable conduct of Mr. Trist, to submit the treaty to the Senate with a recommendation that it be ratified, with the modifications suggested.

Nothing contained in the letters received from Mr. Trist since it was submitted to the Senate has changed my opinion on the subject.

The resolution also calls for "all the correspondence between General Scott and the Government since the arrival of Mr. Trist in Mexico." A portion of that correspondence, relating to Mr. Trist and his mission, accompanies this communication. The remainder of the "correspondence between General Scott and the Government" relates mainly, if not exclusively, to military operations. A part of it was communicated to Congress with my annual message, and the whole of it will be sent to the Senate if it shall be desired by that body. As coming within the purview of the resolution, I also communicate copies of the letters of the Secretary of War to Major-General Butler in reference to Mr. Trist's remaining at the headquarters of the Army in the assumed exercise of his powers of commissioner.

JAMES K. POLK.

WASHINGTON, _March 2, 1848_.

_To the Senate of the United States_:

In answer to a resolution of the Senate of the 3d of January, 1848, I communicate herewith a report from the Secretary of State, with the accompanying documents, containing the correspondence of Mr. Wise, late minister of the United States at the Court of Brazil, relating to the subject of the slave trade.

JAMES K. POLK.

WASHINGTON, _March 2, 1848_.

_To the Senate of the United States_:

I communicate herewith a report of the Secretary of War, with the accompanying documents, in answer to the resolution of the Senate of the 28th February, 1848, requesting the President to communicate "any information he may at any time have received of the desire of any considerable portion of the people of any of the States of Mexico to be incorporated within the limits of any territory to be acquired from the Republic of Mexico, and particularly that he communicate any late proposition which has been made to that effect through General Wool or any other military officer in Mexico."

JAMES K. POLK.

WASHINGTON, _March 7, 1848_.

_To the Senate of the United States_: