Chapter 5

I transmit to the Senate, for its consideration with a view to ratification, a treaty for the free navigation of the rivers Parana and Uruguay between the United States and the Argentine Confederation, concluded on the 10th of July last.

FRANKLIN PIERCE.

WASHINGTON, _December 12, 1853_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to ratification, a treaty of friendship, commerce, and navigation between the United States and the Argentine Confederation, concluded on the 27th of July last.

FRANKLIN PIERCE.

WASHINGTON, _December 12, 1853_.

_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 extradition of fugitives from justice in certain cases, concluded at London on the 12th day of September last between the Government of the United States and the Kingdom of Bavaria.

FRANKLIN PIERCE.

WASHINGTON, _December 19, 1853_.

_To the Senate of the United States_:

I transmit certain documents in answer to the resolution of the Senate of the 6th of April ultimo, requesting information in regard to transactions between Captain Hollins, of the _Cyane_, and the authorities at San Juan de Nicaragua.

FRANKLIN PIERCE.

WASHINGTON, _December 23, 1853_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 18th January, 1853, in regard to the claims of American citizens against Hayti and to the correspondence of the special agent sent to Hayti and St. Domingo in 1849, I transmit a report from the Secretary of State and the documents by which it is accompanied.

FRANKLIN PIERCE.

WASHINGTON, _December 31, 1853_.

_To the Senate of the United States_:

I transmit to the Senate a report from the Secretary of State, with accompanying papers,[1] in answer to their resolution of the 12th instant.

FRANKLIN PIERCE.

[Footnote 1: Correspondence relative to the treaty of Wathington of July 4, 1850, between Great Britain and the United States]

WASHINGTON CITY, _January 9, 1854_.

_To the Senate of the United States_:

I herewith communicate to the Senate a letter from the Secretary of the Interior, accompanied by a report of the result of an investigation of the charge of fraud and misconduct in office alleged against Alexander Ramsey, superintendent of Indian affairs in Minnesota, which I have caused to be made in compliance with the Senate's resolution of the 5th of April last.

FRANKLIN PIERCE.

WASHINGTON, _January 9, 1854_.

_To the House of Representatives_:

In answer to the resolution of the House of Representatives of the 3d of January, 1854, I have the honor to transmit herewith a letter of the Secretary of the Navy and the papers[2] accompanying it.

FRANKLIN PIERCE.

[Footnote 2: Correspondence with and orders to commanders of vessels or squadrons on the Atlantic coast of British North America relative to protecting the rights of fishing and navigation secured to citizens of the United States under treaties with Great Britain.]

WASHINGTON, _January 19, 1854_.

_To the House of Representatives_:

I transmit herewith a report from the Secretary of State, with accompanying documents,[3] in compliance with the resolution of the House of Representatives of the 3d instant.

FRANKLIN PIERCE.

[Footnote 3: Relating to seizure and imprisonment by Spanish authorities at Puerto Rico of officers and crew of schooner _North Carolina_.]

WASHINGTON, _January 23, 1854_.

_To the Senate and House of Representatives_:

I transmit to Congress a report of the Secretary of State, together with the set of works illustrative of the exhibition in London of 1851 to which it refers, in order that such disposal may be made of them as may be deemed advisable.

FRANKLIN PIERCE.

WASHINGTON, _January 25, 1854_.

_To the Senate of the United States_:

I transmit herewith a report from the Secretary of State, with accompanying documents,[4] in compliance with a resolution of the Senate of the 23d instant.

FRANKLIN PIERCE.

[Footnote 4: Relating to a complimentary mission to the United States of Archbishop Gaetano Bedini, apostolic nuncio to the Empire of Brazil, for the purpose of conveying, in the name of Pope Pius IX, sentiments of regard for the President of the United States.]

WASHINGTON, _February 2, 1854_.

_To the House of Representatives_:

I transmit herewith a report from the Secretary of State, with accompanying documents,[5] in compliance with the resolution of the House of Representatives of the 30th ultimo.

FRANKLIN PIERCE.

[Footnote 5: Correspondence with the American charge to Austria relative to the claim of Simon Tousig to the protection of the United States.]

EXECUTIVE OFFICE, _February 4, 1854_.

_To the Senate of the United States_:

I submit to the Senate herewith, for their constitutional action thereon, a treaty negotiated on the 27th of July, 1853, by Agent Thomas Fitzpatrick, on behalf of the United States, with the Comanche, Kiowa, and Apache Indians inhabiting the territory on the Arkansas River.

FRANKLIN PIERCE.

EXECUTIVE OFFICE, _February 4, 1854_.

_To the Senate of the United States_:

I submit to the Senate herewith, for their constitutional action thereon, two treaties, one negotiated on the 10th day of September, 1853, by Superintendent Joel Palmer and Agent Samuel H. Culver, on the part of the United States, and the chiefs and headmen of the bands of the Rogue River tribe of Indians in Oregon; the other negotiated on the 19th of the same month, on behalf of the Government by the said superintendent, with the chiefs of the Crow Creek band of Umpqua Indians in said Territory.

FRANKLIN PIERCE.

WASHINGTON, _February 6, 1854_.

_To the House of Representatives_:

I transmit a report from the Secretary of State upon the subject of the resolution[6] of the House of Representatives of the 14th of December last, and recommend that the appropriation therein suggested as being necessary to enable him to comply with the resolution be made.

FRANKLIN PIERCE.

[Footnote 6: Requesting a statement of the privileges and restrictions of the commercial intercourse of the United States with foreign nations and a comparative statement between the tariff of the United States and other nations.]

WASHINGTON, _February 10, 1854_.

_To the Senate and House of Representatives_:

I herewith transmit a communication from the Secretary of the Navy, accompanied by the second part of Lieutenant Herndon's report of the exploration of the valley of the Amazon and its tributaries, made by him in connection with Lieutenant Lardner Gibbon under instructions from the Navy Department.

FRANKLIN PIERCE.

WASHINGTON, _February 10th, 1854_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to ratification, a treaty between the United States and the Mexican Republic, signed by the plenipotentiaries of the parties in the City of Mexico on the 30th of December last. Certain amendments are proposed to the instrument, as hereinafter specified, viz:

In order to make the duties and obligations stipulated in the second article reciprocal, it is proposed to add to that article the following:

And the Government of Mexico agrees that the stipulations contained in this article to be performed by the United States shall be reciprocal, and Mexico shall be under like obligations to the United States and the citizens thereof as those hereinabove imposed on the latter in favor of the Republic of Mexico and Mexican citizens.

It is also recommended that for the third article of the original treaty the following shall be adopted as a substitute:

In consideration of the grants received by the United States and the obligations relinquished by the Mexican Republic pursuant to this treaty, the former agree to pay to the latter the sum of $15,000,000 in gold or silver coin at the Treasury at Washington, one-fifth of the amount on the exchange of ratifications of the present treaty at Washington and the remaining four-fifths in monthly installments of three millions each, with interest at the rate of 6 per cent per annum until the whole be paid, the Government of the United States reserving the right to pay up the whole sum of fifteen millions at an earlier date, as may be to it convenient.

The United States also agree to assume all the claims of their citizens against the Mexican Republic which may have arisen under treaty or the law of nations since the date of the signature of the treaty of Guadalupe, and the Mexican Republic agrees to exonerate the United States of America from all claims of Mexico or Mexican citizens which may have arisen under treaty or the law of nations since the date of the treaty of Guadalupe, so that each Government, in the most formal and effective manner, shall be exempted and exonerated of all such obligations to each other respectively.

I also recommend that the eighth article be modified by striking out all after the word "attempts" in the twenty-third line of that article. The part to be omitted is as follows:

They mutually and especially obligate themselves, in all cases of such lawless enterprises which may not have been prevented through the civil authorities before formation, to aid with the naval and military forces, on due notice being given by the aggrieved party of the aggressions of the citizens and subjects of the other, so that the lawless adventurers may be pursued and overtaken on the high seas, their elements of war destroyed, and the deluded captives held responsible in their persons and meet with the merited retribution inflicted by the laws of nations against all such disturbers of the peace and happiness of contiguous and friendly powers. It being understood that in all cases of successful pursuit and capture the delinquents so captured shall be judged and punished by the government of that nation to which the vessel capturing them may belong, conformably to the laws of each nation.

At the close of the instrument it will also be advisable to substitute "seventy-eighth" for "seventy-seventh" year of the Independence of the United States.

FRANKLIN PIERCE.

WASHINGTON, _February 13, 1854_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to ratification, an additional article to the convention for the establishment of international copyright, which was concluded at Washington on the 17th of February, 1853, between the United States of America and Her Britannic Majesty, extending the time limited in that convention for the exchange of the ratifications of the same.

FRANKLIN PIERCE.

WASHINGTON, _February 23, 1854_.

_To the Senate of the United States_:

I communicate herewith a report from the Secretary of State and the documents[7] therein referred to, in compliance with the resolution of the Senate of the 13th instant.

FRANKLIN PIERCE.

[Footnote 7: Relating to the repair of the United States frigate _Susquehanna_ at Rio de Janeiro.]

WASHINGTON, _March 1, 1854_.

_To the Senate of the United States_:

I transmit to the Senate a report from the Secretary of State, with accompanying documents,[8] in compliance with their resolution of the 2d ultimo.

FRANKLIN PIERCE.

[Footnote 8: Communications from the American legation at Constantinople respecting the seizure of Martin Koszta by Austrian authorities at Smyrna.]

WASHINGTON, _March 1, 1854_.

_To the House of Representatives_:

In accordance with the resolution of the House of Representatives of the 13th instant, requesting information respecting negotiations with Peru for the removal of restrictions upon the exportation of guano, I transmit herewith a report from the Secretary of State, with the correspondence therein referred to.

FRANKLIN PIERCE.

WASHINGTON, _March 1, 1854_.

_To the House of Representatives of the United States_:

In compliance with the resolution of the House of Representatives of the 23d January last, "that the President of the United States be respectfully requested to furnish this House with copies of all contracts made by and correspondence subsequently with the Chief of the Bureau of Topographical Engineers for furnishing materials of wood and stone for improving the harbors and rivers on Lake Michigan, under and by virtue of the act making appropriations for the improvement of certain harbors and rivers," approved August 30, 1852, I transmit a letter of the Secretary of War submitting a report of the Colonel of Topographical Engineers inclosing copies of the contracts and correspondence called for.

FRANKLIN PIERCE.

WASHINGTON, _March 1, 1854_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 7th of December last, requesting me to present to the Senate the plan referred to in my annual message to Congress, and recommended therein, for the enlargement and modification of the present judicial system of the United States, I transmit a report from the Attorney-General, to whom the resolution was referred.

FRANKLIN PIERCE.

WASHINGTON, _March 1, 1854_.

_To the House of Representatives_:

I transmit herewith a report of the Attorney-General, in answer to the resolutions of the House of the 22d of December, requesting me to communicate to the House the plan for the modification and enlargement of the judicial system of the United States, recommended in my annual message to Congress.

FRANKLIN PIERCE.

WASHINGTON, _March 7, 1854_.

_To the Senate of the United States_:

I transmit herewith a report from the Secretary of State and the documents[9] therein referred to, in answer to the resolution of the Senate of the 26th March, 1853.

FRANKLIN PIERCE.

[Footnote 9: Correspondence with R.C. Schenck, United States minister to Brazil, relative to the African slave trade.]

WASHINGTON, _March 7, 1854_.

_To the Senate of the United States_:

I transmit herewith a report from the Secretary of State and the documents[10] therein referred to, in answer to the resolution of the Senate in executive session of the 3d January, 1854.

FRANKLIN PIERCE.

[Footnote 10: Correspondence with the Mexican Republic touching the eleventh article of the treaty of Guadalupe Hidalgo, and copies of instructions on that subject to the United States minister to Mexico.]

WASHINGTON, _March 11, 1854_.

_To the Senate of the United States_:

I transmit herewith to the Senate a report of the Secretary of State, with accompanying documents,[11] in compliance with their resolution of the 9th of March, 1853.

FRANKLIN PIERCE.

[Footnote 11: Correspondence relative to the imprisonment, etc., of James H. West in the island of Cuba.]

WASHINGTON, _March 14, 1854_.

_To the Senate of the United States_:

In transmitting to the Senate the report of the Secretary of State, together with the documents therein referred to, being the correspondence called for by the resolution of that body of the 9th of January last, I deem it proper to state briefly the reasons which have deterred me from sending to the Senate for ratification the proposed convention between the United States of America and the United Mexican States, concluded by the respective plenipotentiaries of the two Governments on the 21st day of March, 1853, on the subject of a transit way across the Isthmus of Tehuantepec.

Without adverting to the want of authority on the part of the American minister to conclude any such convention, or to the action of this Government in relation to the rights of certain of its citizens under the grant for a like object originally made to Josè Garay, the objections to it upon its face are numerous, and should, in my judgment, be regarded as conclusive.

Prominent among these objections is the fact that the convention binds us to a foreign Government, to guarantee the contract of a private company with that Government for the construction of the contemplated transit way, "to protect the persons engaged and property employed in the construction of the said work from the commencement thereof to its completion against all confiscation, spoliation, or violence of whatsoever nature," and to guarantee the entire security of the capital invested therein during the continuance of the contract. Such is the substance of the second and third articles.

Hence it will be perceived that the obligations which this Government is asked to assume are not to terminate in a few years, or even with the present generation.

And again: "If the regulations which may be prescribed concerning the traffic on said transit way shall be clearly contrary to the spirit and intention of this convention," even then this Government is not to be at liberty to withdraw its "protection and guaranty" without first giving one year's notice to the Mexican Government.

When the fact is duly considered that the responsibility of this Government is thus pledged for a long series of years to the interests of a private company established for purposes of internal improvement, in a foreign country, and that country peculiarly subject to civil wars and other public vicissitudes, it will be seen how comprehensive and embarrassing would be those engagements to the Government of the United States.

Not less important than this objection is the consideration that the United States can not agree to the terms of this convention without disregarding the provisions of the eighth article of the convention which this Government entered into with Great Britain on April 19, 1850, which expressly includes any interoceanic communication whatever by the Isthmus of Tehuantepec. However inconvenient may be the conditions of that convention, still they exist, and the obligations of good faith rest alike upon the United States and Great Britain.

Without enlarging upon these and other questionable features of the proposed convention which will suggest themselves to your minds, I will only add that after the most careful consideration I have deemed it my duty not to ask for its ratification by the Senate.

FRANKLIN PIERCE.

WASHINGTON, _March 15, 1854_.

_To the House of Representatives_:

In compliance with the resolution of the House of Representatives of the 10th instant, I herewith transmit a report of the Secretary of State, containing all the information received at the Department in relation to the seizure of the _Black Warrior_ at Havana on the 28th ultimo.

There have been in the course of a few years past many other instances of aggression upon our commerce, violations of the rights of American citizens, and insults to the national flag by the Spanish authorities in Cuba, and all attempts to obtain redress have led to protracted, and as yet fruitless, negotiations.

The documents in these cases are voluminous, and when prepared will be sent to Congress.

Those now transmitted relate exclusively to the seizure of the _Black Warrior_, and present so clear a case of wrong that it would be reasonable to expect full indemnity therefor as soon as this unjustifiable and offensive conduct shall be made known to Her Catholic Majesty's Government; but similar expectations in other cases have not been realized.

The offending party is at our doors with large powers for aggression, but none, it is alleged, for reparation. The source of redress is in another hemisphere, and the answers to our just complaints made to the home Government are but the repetition of excuses rendered by inferior officials to their superiors in reply to representations of misconduct. The peculiar situation of the parties has undoubtedly much aggravated the annoyances and injuries which our citizens have suffered from the Cuban authorities, and Spain does not seem to appreciate to its full extent her responsibility for the conduct of these authorities. In giving very extraordinary powers to them she owes it to justice and to her friendly relations with this Government to guard with great vigilance against the exorbitant exercise of these powers, and in case of injuries to provide for prompt redress.

I have already taken measures to present to the Government of Spain the wanton injury of the Cuban authorities in the detention and seizure of the _Black Warrior_, and to demand immediate indemnity for the injury which has thereby resulted to our citizens.

In view of the position of the island of Cuba, its proximity to our coast, the relations which it must ever bear to our commercial and other interests, it is vain to expect that a series of unfriendly acts infringing our commercial rights and the adoption of a policy threatening the honor and security of these States can long consist with peaceful relations.

In case the measures taken for amicable adjustment of our difficulties with Spain should, unfortunately, fail, I shall not hesitate to use the authority and means which Congress may grant to insure the observance of our just rights, to obtain redress for injuries received, and to vindicate the honor of our flag.

In anticipation of that contingency, which I earnestly hope may not arise, I suggest to Congress the propriety of adopting such provisional measures as the exigency may seem to demand.

FRANKLIN PIERCE.

EXECUTIVE OFFICE,

_Washington, March 17, 1854_.

_To the Senate of the United States_:

I communicate to the Senate herewith, for its constitutional action, two treaties recently negotiated by the Commissioner of Indian Affairs, as commissioner on the part of the United States, with the delegates now at the seat of Government representing the confederated tribes of Otoes and Missourias and the Omaha Indians, for the extinguishment of their titles to lands west of the Missouri River.

FRANKLIN PIERCE.

EXECUTIVE OFFICE,

_Washington, March 18. 1854_.

Hon. LINN BOYD,

_Speaker of the House of Representatives_.

SIR: I transmit to you herewith a report of the present date from the Secretary of the Interior, accompanied by a tabular statement containing the information[12] called for by resolution of the House of Representatives adopted the 13th ultimo.

FRANKLIN PIERCE.

[Footnote 12: Area of each State and Territory; extent of the public domain remaining in each State and Territory, and the extent alienated by sales, grants, etc.]

WASHINGTON, _March 21, 1854_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 15th instant, adopted in executive session, I transmit confidentially a report from the Secretary of State and the documents[13] by which it was accompanied. Pursuant to the suggestion in the report, it is desirable that such of the papers as may be originals should be returned to the Department of State.

FRANKLIN PIERCE.

[Footnote 13: Instructions and correspondence relative to the negotiation of the treaty with Mexico of December 30, 1853, etc.]

EXECUTIVE OFFICE,

_March 25, 1854_.

Hon. LENN BOYD,

_Speaker of the House of Representatives_:

I communicate to the House of Representatives herewith a report from the Secretary of the Interior, dated the 24th instant, containing so much of the information called for by the resolution of the 17th instant as it is practicable or compatible with the public interest to furnish at the present time, respecting the proceedings which have been had and negotiations entered into for the extinguishment of the Indian titles to lands west of the States of Missouri and Iowa.

FRANKLIN PIERCE.

WASHINGTON, _March 29, 1854_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 21st instant, adopted in executive session, relative to the claims of the Mexican Government and of citizens of the Mexican Republic on this Government, and of citizens of the United States on the Government of that Republic, I transmit a report from the Secretary of State, to whom the resolution was referred.

FRANKLIN PIERCE.

WASHINGTON, _March 31, 1854_.

_To the Senate of the United States_: