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PRESIDENTS MESSAGE.
' Fellow ciiuau of the Senate
- and of ike House of Representatives :
. The brief spaoo vhich hs elapsed since the
close of jour last session has been marked bj
no extraordinary political event. The quadren
nial election of Chief Magistrate has passed off
with less than the nsual excitement. Ilowever
individuals and parties may have been disap-
E- ited in tho result, it is nevertheless a sub
of national congratulation that the choice
been effected by the ndepcndent suffrages
- of a free people, undisturbed; by those influen
ce which in other countries have too often af-
fected the purity of popular elections.
Our grateful thanks are due to an All-merci-
ul Providence, not only for staying the peti
enc -which in different forms has desolated
souio of our cities, but for crowning tho labors
6f the husbandman with an abundant harvest;.
kyd fhe nation generally with the blessings of
pace and prosperity. ;
Jn tho course of the last summer, considera
te anxiety was eaused for a short time by an
official inUmation from tho government of GOati?
Britain, that orders had been given for the pro
tection of the fisheries upon the coast of the
iiritih province in North America against the
" alleged encroachments of the fishing vessels of
the United State and France. The shortness
ef this nqtice and the season of the year seem
ed to mate it a matter of urgent importance.
It was at first apprehended that an increased
naval force had been ordered to the fishing
grounds Jo. carry into effect the British intcr
pretationof those provisions in the convention
of 1818, in reference to the true intent of which
the to governments differ. It was soon dis
covered that such was not the design of Great
Britain, and satisfactory explanations of the
teal objects of the measure have been given !
both hero and in London.
. The unadinsted difference, however, between
the two governments, as to the interpretation of
n r. . 1 r-IOIQ I. .itll
$ne nrst arucit 01 ine convention ui ioin, im
a matter of importance., American fishing ves
sels within nine or ten years have been exclud
ed Xrom waters to which they had free access
tor twenty-five years after the negotiation of the
treaty, fa 1845 this exclusion was relaxed so
far as concerns the Bay of Fundy, but the just
and liberal intention of the Home government,
in compliance with what we think the true con
struction of the convention to open all the oth
er outer bays to our fishermen, was abandoned
in consequence of the opposition of the colonies.
Notwithstanding this, the United States have,
since the Bay of Fundy was re-opened to our
fishermen in 1845, pursued the most liberal
ooorse toward the colonial fishing interests.
Bjy the revenue law ot 1846, the duties on colo
nial fish entering our ports were very greatly
reduced, and by the warehousing act it is allow
ed to be entered in bond without payment of
doty. In this way colonial fish has acquired
the monopoly of the export trade in our market
and is entering to some extent into the home
consumption. These facts were among those
which increased the sensibility of our fishing
interest, at the movement in question,
z-These circumstances and the incidents above
'ialluded to have led me to think the moment fa
vorable for a reconsideration of the entire sub
ject of the fisheries on the coasts of the British
provinces, with a view to place them upon a
more liberal footing of reciprocal privilege. A
willingness to meet us in some arrangement of
this kind is understood to exist, on the part of
Great Britain, with desire on her part to in
clude in one comprehensive settlement, as well
this subject as the commercial intercourse be
tween tne United states and the British prov
ally done her, from want of information, should
be repaired by an unreserved acknowledgment
. r t. "
I I have the satisfaction to inform you that the
course pursued by Peru has been creditable to
the liberality of her government Before it was
known by her that her title would be acknowl
edged at Washington, her Minister of Foreign
Affairs had authorised our charge d affaires at
Limato announce to the American vessels, whica
had gone to the Lobos for guano, that the Pe
ruvian Government was willing to freight them
This intention has been
carried into effect by the Peruvian Minister
here, by an arrangement which is believed to
be advantageous to the parties in interest.
Our settlement on the shores of the Pacific
havo already given a great extension, and in
some respects a nbw direction, t our commerce
in that ocean. A direct and rapidly-increasing
intercourse has sprung up with Kastern Asia.
The waters of the Northern Pacific even into
the Arctic sea, have of late years been frequent
cdby our whalemen. The application of steam
to the general purposes of navigation s becom
ing daily more common, and makes it desirable
to obtain fuel and other necossary supplies at
convenient points on the route between Asia
and our Pacific shores. Our unfortunate coun
trvmcn who from time to time suffer shipwreck
on the coasts of the eastern seas are entitled to
protection. Besides these specific objects, the
general prosperity of cur States on the Pacific
requires that an attempt should be made to o
pen tho opposite regions of Asia to a mutually
beneficial intercourse. It is obvious that this
attempt could be made by no power to so great
advantage as by the United States, whose con
stitutional system excludes every idea of lis
tant colonial dependencies. I have according
ly been led to order an appropriate naval force
to Japan, under the command of a discreet and
intelligent officer of the highest rank known to
He is instructed to endeavor to
obtain from the government of that country
some relaxation of the inhospitable and anti
social system which it has pursued for about
two ceaturies. lie has been directed particu
larly to remonstrate in the strongest language
against the cruel treatment to which our ship
wrecked mariners have often been subjected,
and to insist that they shall be treated with hu
manity. He is instructed however at the same
time to give that government the amplest assu
rances that the objects of the United States are
such and such only as I have indicated, and
that the expedition is friendly and peaceful.
Notwithstanding the jealousy with which the
governments of Eastern Asia regard all over
tures from foreigners, I am not without hopes
of a beneficial result of the expodition. Should
it be crowned with success, the advantages will
not be confined to the United States, but, as in
the case of China, will be equally enjoyed by
all the other maritime powers. I have much
satisfaction in stating that in all the steps pre
paratory to this expedition, the Government of
the United States has been materially aided bj
the good offices of the King of the Netherlands,
the only European power having any commer
cial relations with Japan.
The cash receipts into the Treasury for the
fiscal year ending the 30th June last, exclusive
of trust funds, were forty-nine millions seven
hundred and twenty-eight thousand three hun
dred and eighty-six dollars and eighty-nine
cents, ($49,728,336 89.) and the expenditures
for the same period, likewise exclusive of trust
funds, were torty-six millions seven thousand
eight hundered and ninety-six dollars and twen
ty cents, ($40,007,896 20 ;) of which nine mil
lions four hundred and fifty-five thousand eight
hundred and fifteen dollars and eighty three
feces. I have thought that whatever arrange- Uents ($9,45o,815 83) was on account of the
ments may be made on these two subjects, it
is expedient that the should be embraced in
separate conventions. The illness and death of
the late Secretary of State prevented the com
mencement of the contemplated negotiation.
pains have been taken to collect the informa
tion required by the details of such an arrange
ment. The subject is attended with considera
ble difficulty. If it is found practicable to coiuo
to an agreement mutually acceptable to the two
parties, conventions may be concluded in the
course of the present winter. The control of
Congress over all of the provisions of such an
arrangement, affecting the revenue, will of
course be observed.
The" affairs of Cuba formed a prominent to-
EiC in my last annual messsage. They remain
x an uneasy condition, and a feeling of alarm
and irritation on the part of the Cuban author
ities appears to exist. This feeling has inter
fered with the regular commercial intercourse
between the United States and the island, and
led to some acts of which we have a right to
complain. But the Captain General of Cuba is
clothed! with no power to treat with foreign gov
ernments, not is he in any degree under the
' control of the Spanish Minister at 'Washington.
Any communication which he may hold with
an agent of a f jrcign power is informal and a
matter of courtesy. Anxious to put an end to the
existing inconveniences, (which Beemed to ret
on a misconception,) ' 1 directed the ngwjy p-
Eointed Minister to Mexico to visifHavana, on
is way to Vera Cruz. He iSsrespectfully re
ceived by the Captainjgcneral, who conferred
"with him freelyojjfefc recent occurrences ; but
no JiftJlftesrarranrement was effected.
In the mean time the refusal of the Captain Gen
eral to allow passengers and the mail to be landed
in certain cases, for a reason which does not fur
nish in the opinion of this Govervenment even
a good presumptive ground for such a prohibi
tion, has been made the subject of a serious re
monstrance at Madrid ; and I have no reason
to doubt that due respect will be paid by the
government of Her Catholic Majesty to the re
presentations which our Minister has boon in
et rue ted to make on the subject.
It is but justice to the Captain General to add,
that hiM conduct toward the steamers employed
to carry the mails of the United State to Hava
na has, with the exceptions above alluded to.
been marked with kindness and liberality, and
indicates no general purpose ot mtertonng with
the commercial correspondence and intercourse
between the island and this country.
" Early in the present year official notes were
received from the Ministers of France and Eng
land, inviting the Government of the United
' . States to become a party with Great Britain and
France to a tripartite Convention, in virtue of
which the three powers should severally and
collectively disclaim, and for the future, all in
tention to obtain possession of the Island of Cu
ba, and should bind themselves to discounte
nance all attempts to that effect on the part of
any power or individual whatever. This invi
tation has been respectfully declined, for rea
sons which it would occupy too much space in
this communication to state in detail, but which
led me to think that the proposed measure
would be of doubtful cor stiti tionality, impolitic,
; said unavailing. I have, however, in common
, with several of my predecessors, directed the
Ministers of France and England to be assured
that the United States entertain no designs a
galnst Cuba; but on the contrary, I should re
gard ita incorporation into the Union at the pre
sent time as fraught with serious peril.
Were this isand comparatively destitute of
innaDitants, or occupied by a kindred race, I
y, should regard it, if voluntarily ceded by Spain
as a most desirable acquisition. But, under ex
isting circumstances, 1 should look upon its in
corporation into our Union as a hazardoh mo.
ure. It would bring into the Confederacy a
population of a different national stock, speak
ing a different language, and not likely to har
monize with the other members. It would
proDaDiy anect m a prejudicial manner the in
dustrial interests of the South ; and it might
revive those conflicts of opinion between the
different sections of the country, which lately
hook the Union to its centre, and which have
been so happily compromised.
ati-t- ?tt t uce cf the late Secretary of
"7" , " u cnarge d'afiaires rela-
tive to the Lobos Islands was rv.mmn;..
Congress toward the close of the last session.
Since that time, on further investigation of the
lrXCe bU hich bee entertained
j w w to those islands have been
.-ouj ana i nave deemed i just that the
. arj wrong wnicn had been ininteption
principal and interest of the public debt, includ
ing the last instalment of the indemnity to Mex
ico, under the treaty of Guadalupe Hidalgo,
leaving a balance of $14,632,136 37 in the
Treasury on the first day of July last. Since
this latter period, further purchases of the prin
c ipal of the public debt have been made to the
extent of two millions four hundred and fifty
six thousand five hundred and forty-seven dol
lars and forty-nine cents, ($2,456,547 49,) and
the surplus in the Treasury will continue to be
applied to that object, whenever the stock can
be procured within the limits, as to price, au
thorized by law.
The value of foreign merchandise imported
during the last fiscal year was two hundred and
seven millions two hundred and forty thousand
one hundred and one dollars, ($20 ,240,101 ;)
and the value of domestic productions export
ed was one hundred and forty-nine millions
eight hundred and sixty-two thousand nine hun
dred and eleven dolars, ($149,862,911 ;) besides
seventeen millions two hundred and four thou
sand and twenty six dollars ($17,204,026.1. -efl
foroign merchandise exported ; maift?the ag
gregate of the entire exports p 'hundred and
sixty-seven millionssjxty.five thousand nine
hundred andhtrty-seven dollars, ($167,065,
937 ;) exghisive of the above there was export
ed forty-two millions five hundred and seven
thousand two hundred and eighty-five dollars
($42,507,285) in specie ; and imported from for
eign ports five millions two hundred and sixty-
two thousand six hundred and torty-tbrce dol
lars, ($5,262,643.)
In my first annual message to Congress, I
called your attention to what seemed to me some
defects in the present tariff, and recommended
such modifications as in my j udgment were best
adapted to remedy its evils and promote the
prosperity of the country. Nothing has since
occurred to change my views on this important
question.
The report from the General Land Office
shows increased activity in its operations. The
survey of the northern boundary of Iowa has
been completed with unexampled despatch.
Within the last year 9,522,953 acres of public
land have been surveyed, and 8,032,463 acres
brought into market.
In the last fiscal year there wero
old 1,553,071 acres.
Located with bounty land war
I rants 3,201,314 "
Located with other certificates, 115,682 " "
gard to many of the works beyond "atin?
nirT nrenarations. With respect to a few of
the improvements, the sums already appropria
ted will suffice to complete them, but most ox
them will require additional appronrations. i
trust that these appropriations will be made,
and that this wise and beneficent policy, so au
spiciously resumed, will be continued. Oreat
care should be taken, however, to commence no
work which is not of sufficient importance to the
commerce of the country to be viewed as national
in its character. But works which have been
commenced should notbe discontinued until com
pleted, as otberwiso the sums expended willjin
most cases, belfcst. . . S
The report from the Navy Department will in
form vouofthe prosperous condition ofthc branch
of the public service committed to its charge. It
presents to your consideration many topics and
suggestions of which I ask your .approval. It
exhibits an unusual degree of activity in the op
erations of the Department during Hie past year.
The preparations for the Japan expedition, to
which I have already alluded; the arrangements
made for the exploration and survey of the
China Seas, the Northern Pacific, and Behring s
Straits; the incipient measures taken towards a
reconnoissanoe of the continent of Africa cast
ward of Liberia; the preparation for an early
examination of the tributaries of the River La
Plata, which a recent decree of the provisional
chief of the Argentine Confederation has opened
to navigation; all these enterprises and the
means by which they are proposed to be accom
plished, have commanded my full approbation,
and I have no doubt will be productive of most
useful resuts. .
Two officers of the navy were heretofore in
structed to explore the whole extent of the Ama
son river from the confines of Peru to its mouth.
The return of one of them has placed in the pos
session of the Government an interesting and
valuable account of the character and resources
of a country abounding in the material of com
merce, and which, if opened to the industry of
the world, will prove an inexhaustable fund of
weath. The report of this exploration will be
communicated to you as soon as it is completed.
Your attention is respectfully called to the re
port of the Postmaster General for the detailed
operations of his Department during the last fis-
cal year, from which it will be seen that the re
ceipts from postages for that time wore leas by
$1,431,696 than for the proceeding fiscal year,
being a decrease of about 23 per cent.
This diminution is attributable to the reduc
tion in the rates of postage made by the act of
March 3, 1851, which reduction took effect at
the commencement of the last fiscal year.
Although in its operation during the last year
the act referred to has not fulfilled the predic
tions of its friends by increasing the correspon
dence of the country in proportion to the reduc
tion of postage, I should nevertheless question
the policy of returning to higher rates. Expe
rience warrants the expectation that as the com
munity becomes accustomed to cheap postage,
correspondence will increase. It is believed that
from this cause, and from the rapid growth of
the country in population and business, the re
ceipts of the Department must ultimately exceed
its expenses, and that the country may safely
rely upon the continuance of the present cheap
rate of postage.
I think it due to the several Executive De-
partmente of this Government to bear testimo
ny to the efficiency and integrity with which
they are conducted. V ita all the careful su
perintendence which it is possible for the Heads
of those Departments to exercise, still the due
administration and guardianship of the public
money must vry much depend on the vigilance,
. I 1 c i 1 i . v i l i rr
intelligence, anu nueiuy oi tn suoorainate om
cers and clerks, and especially on those entrus
ted with the settlement and adjustment of
chums and accounts. I am gratified to believe
that they have generally performed their duties
faithfully and well. I hey are appointed to
guard the approaches to the public Treasury,
and they occupy positions that expose them to
all the temptations and seductions which the
cupidity of peculators and fraudulent claimants
can prompt tnem to employ, it will be but a
wise precaution to protect the Government a-
gainst that source of mischief and corruption,
as far as it can be done, by the enactment of all
proper legal. penalties, ine laws, in tnia res
pect, are supposed to be defective, and I there
fore deem it my duty to call your attention -fer
the subject, and to recommend that provision
w.ai;v. ma and a ir-oo"6
snuiV f : tw . fatea-'l ,
stern sense of international ju..-. -j -- f
Upon the bill to establish a bank in tho Town
out to me pennant"" "--., ...
country. They knew that the world is govern
edTes7by sympathy than by reason and t foot;
that it wL not possible for thi nation to be
come a "propagandist" of free principles with
out arrayW against it the combined, power, of
Europe ? an3 that the result was morojikcly to
be the overthrow of republican liberty here
than its establishment there. History has been
written in vain for thoso who can doubt this.
France had no sooner established republican
form of government than she manifested de
sire to force its blessing on all the world. Her
own historian informs us that, hearing of some
petty acts of tyranny in a neighboring princi
pality, f TJie .National Convention declared
that sheVottW affod succor and fraternity to
all nationwho wished to recover their liberty ;
and she gave it in charge to the executive pow
er to give orders to the generals of the French
armies to aid all citizens who might have been
or should be oppressed in the cause of liberty."
Here was the false step which led to her subse
quent misfortunes. She soon found herself in
volved in war with all the rest of Europe. In
less than ten years her government was chang
ed from a republic to an empire ; and finally,
after shedding rivers of blood, foreign powers
restored ber exiled dynasty, and exhausted Eu
rope sought peace and repose in the unques
tioned ascendency of monarchical principles.
Let us, learn wisdom from her example. Let
us reraoinber that revolutions do not always es
tablish I freedom. Our own free institutions
were not the offspring of our Revolution. They
existed before. They were planted in the free
charters of self government under which the
English colonies grew up, and our Revolution
only freed us from the dominion of a foreign
power, whose government was at variance with
those institutions. But European nations have
had no such training for self government, and
every effort to establish it by bloody revolutions
has been, and must, without that preparation,
.continue to be a failure. Liberty, unregulated
by law, degenerates into anarchy, which soon
becomes the Bx4tft horrid of all despotisms.
Our noliev ia wLxelv to irovern ourselves, and
. W v o . ;
thereby to set such an example ot national jus-
tice, prosperity, and true glory, as shall teach to
all nations the blessings of self-government, and
the unparalleled enterprise and success ot a tree
people.
We live in an age ot progress, and ours is
emphatically a country of progress. Within
the last half-century tne number of States in
this Union has nearly doubled, the population
has almost quadrupled, and our boundaries
have been extended from the Mississippi to the
Pacific. Our territory is chequered over with
railroads, and furrowed with canals. The in
ventive talent of our country is excited to the
hiehsst pitch, and the numerous applications
for patents for valuable improvements distin-
ish this age and this people from all others.
.'he genius of one American has enabled our
commerce to move against wma ana tiae, ana
that of another has annihilated distance in the
transmission ot intelligence. J. he whole coun
try is full of enterprise. Our common schools
are diffusing intelligence among the people, and
our industry is fast accumulating the comforts
and luxuries of life. This is in part owinr to
our prcnliai' fffjti"n to our fertile soil, and
comparatively sparse population; but much of
it is also owing to the popular institutions un
der which we five, to the freedom which every
man feels to engage in any useful pursuit, ac
cording to his taste or inclination, and to the
entire confidence that his person and property
will be protected by the laws. But whatever
may be the cause of this unparallellcd growth
in population, intelligence, and wealth, one
thing is clear, that the Government must keep
pace with the progress of the people It must
participate in their spirit of enterprise, and
while it exacts obedience to the laws, and re
strains all unauthorized invasions of the rights
of neighboring StatesL it should foster and protect
home industry, and lend its powerful strength
to the improvement of such means of intercom
munication as are necessary to promote our in
ternal commerce and strengthen tho tics which
bind us together as a people.
It is not strange, however much it may be re-
Mating- a total of 4.870.067
In addition, there were
Reported under swamp land
Grants. 5.219.1 R8
For Internal Improvements,
j.uiroaa8, &c. 3,025.920
Making an aceretrate of 13.115.175 "
Being an increase in the amount of lands sold
and located under land warrants of 569,220
cres over the previous vear.
xne wnoie amount thus sold, located under
land warrants, reported under swamp land
grants, and selected for Internal Improvements.
exceed that of the previous year by 3,342,372
acres ; and the sales would, without doubt, have
been much larger but for the extensive reserva
tions for railroads in Missouri, Mississippi, and
Alabama.
For the quarter ending 30th September, 1852,
there were sold, 243,255 acres.
Located with bounty land war
rants, 1,387,116 ;
Located with other certificates, 15,649 "
Reported under swamp land
grants, z,t,zii
Making an aggregate for the
ouarter of 4,132,25 "
Much the larger portion of the labor of arrang
ing and classifying the returns of the last cen
sus has been finished, and it will now devolve
upon Congress to make the necessary provision
for the publication of the results in such form as
shall be deemed best. The apportionment of re
presentation, on the basis of the new census, has
been made by the Secretary of the Interior in
conformity with the provisions of law relating to
that subject, and the recent elections have been
maae in accoraance with it.
Measures have been taken to carry into effect
tl low nf tli A mnwls. . T-! .
" ..mw wivBwwuu utiug provision lor
the improvement of certain rivers and harhnm
and it is believed that the arrangement made for
that purpose will combine efficiency with econ
omy. Owing chiefly to the advanced seaui wt..n
the act was passed, little has yet been done- in re-
be made by law for the punishment not only of
tnose wno snail accept uriDea, cm tAm of those
who shall either, proniiga. give, or offer to give
xo any .er U.os omcers or clerks a bribe or re
3t&fd touching or relating to any matter of their
official action or duty. -
It has been the uniform policy of this
Government from ita foundation to the present
day to abstain from all interference in the do
mestic affairs of other nations. The conse
quence has been that while the Nations of Eu
rope have been engaged in desolating wars, our
country has pursued its peaceful course to un
exampled prosperity and happiness. The wars
in which we have been compelled to engage, in
defence of the rights and honor of the country,
have been fortunately of short duration. Du
ring the terriffic contest of nation against na
tion, which succeeded the French revolution.
we were enabled by the wisdom and firmness
i 4-
trality. While other jiations were drawn into
this wide-sweeping whirlpool, we sat quiet and
unmoved upon our own shores. While the
flower of their numerous armies was wasted by
disease or perished by hundreds of thousands
upon the battle-field, the youth of this favored
land were permitted to enjW the blessings of
gsace beneath the paternal roof. While the
tates of Europe incurred enormous debts, un
der the burden of which their subjects still
groan, and which must absorb no small part of
the product of the honest industry of those coun
tries for generations to come, the United States
have once been enabled to exhibit the proud
spectacle of a nation free from public debt ; and
if permitted to pursue our prosperous way for
a few years longer in peace, we may do the
same again.
Bnt it is now said by some tnat tins policy
must be changed. Europe is no longer separa
ted from us by a voyage of months, but steam
navigation has brought her within a few days'
sail of our shores, w e see more ot ner move
ments, and take a deeper interest in her contro
versies. Although no ono proposes that wc
should join the fraternity of potentates who have
for ages lavished the blood and treasure of their
subjects in maintaining "the balance of power,"
yet it is said that we ought to interfere between
contending sovereigns ana tneir subjects, for
the purpose of overthrowing the monarchies
of Europe and establishing in their place re-
Eublican institutions. It is alleged that we
ava heretofore pursued a different course from
a sense of our weakness, but that now our con
scious strength dictates a change of policy, and
that it is consequently our duty to mingle in
these contests and aid those who are e truce
ling for liberty. 66
This is a most seductive but dangerous ap
peal to the generous sympathies of freemen.
Enjoying as we do the blessings of a free gov
ernment, there is no man who has an American
heart that would not rejoice to see these bles
sings extended to all other nations. We cannot
witness the struggle between the oppressed and
his oppressor anywhere without the deepest
sympathy for the former, and the most anxious
desire for his triumph. Nevertheless, is it pru
dent or is it wise to involve ourselves in these
foreign wars? Is it indeed true that we have
heretofore refrained from doing so merely from
the degrading motive of a conscious weakness T
For the honor of the patriots who have gone be
fore us, I cannot admit it. Men of the Revolu
tion who drew the sword against the oppres
sions of the mother country, and nledWd tn
Heaven "their lives, their fortunes, anf their
sacred honor," to maintain their freedom, could
never have been actuated by so unworthy a mo
tive. j.ney Knew no weakness or fear where
rieht or duty pointed the wav. and it. ;
upon their fair fame for us, while wc enjoy the
blessings for which they so nobly fought and
bled, to insinuate it. The truth it that the
should cause some individual to mistake change
for progress, and the invasion of the rights of
others for national prowess and glory. The
former are constantly agitating for some change
in the organic law, or urging new and untried
theories of human rights. Ihe latter are ever
ready to engage in any wild crusade against
neighboring people, regardless of the justice of
tne enterprise, anu wuuuui wiug aw ine miui
consequences to ourselves and the cause of pop
ular government, aucu expeamona, nowever,
are often stimulated by mercenary individuals,
who expect to share the plunder or profit of the
enterprise, without exposing themselves to dan
ger, and are led on by some irresponsible for
eigner, who aDuses ine nospuauiy ox our own
Government by seducing the young and igno
rant to join in his scheme of personal ambition
or revenge, under the false and delusive pre
tence of extending the area of freedom. These
reprehensible aggressions but retard tho true
progress of our nation and tarnish its fair fame
They should, tjieefore, receive the indignant
frowns of every good citizen who sincerely loves
his country and takes a a pride in its prosperi
ty and honor.
Our Constitution, though not perfect, is
doubtless the best that ever was formed.
Therefore let every proposition to change it be
well weighed, and if found beneficial, cautious
ly adopted. Every patriot will rejoice to see its
authority so exerted as to advance the prosper
ity and honor of the nation, whilst he will
watch with jealousy any attempt to mutilate
this charter of our liberties, or pervert its pow
ers to acts of aggression or injustice. Thus
shall conservatism and progress blend their
harmonious action in preserving the form and
spirit of the Constitujon, and at the same time
carry foward the grat improvements of the
country with a rapididy and energy which free
men only can display.
In closing this, my last annual communica
tion, permit me, fellow-eitizens, to congratulate
you on the prosperous condition of our beloved
country. Abroad its rotations with all foreign
powers are friendly ; its rights are respected,
ana its nign piaoe in the tamily of nations
cheerfully recognised. At home we enjoy an
amount of hapfnaeM, public and private, which
has probably never fallen to the lot of any other
people. Besides affording to our own citizens
a degree of prosperity, of which on so large a
scale I know of no other instance, our country
is annually' affording a refuge and a home to
multitudes, altogether without example, from
the Old World.
We owe these blessings, under Heaven, to the
happy Constitution and Government which were
bequeathed to us by our fathers, and which it
is our sacred duty to transmit in all their integ
rity to our children. We must all consider it a
great distinction and privilege to have been
chosen by the people to bear a part in the ad
ministration of sttcn a Government. Called by
an unexpected dispensation to its highest trust
at a Beason of embarrassment and alarm, I en
tered upon its arduous duties with extreme dif
fidence. I claim only to have discharged them
to the best of an humble ability, with a single
eye to the public good ; and it is with devout
gratitude, in retiring from office, that I leave
the country in a state of peace and prosperity.
MILLARD FILLMORE.
"WxsHiycTos, December 6, 185
Nsw OatiAKs, Dec 4 The f icayune has
advices by letteHtOm Mexico to the 12th ult.
The Commandant of the Natfonal Guard si
Tamaulipas has declared in favor V the recall of
oanta Anna to preside over the affairs of Mexi
co, with a similar form of government to that
" vuug. dl Bimnnr ueciarauon naa also
been made by the Commandant at Guaoalajara.
The impression prevails that Santa Annt maw
be recalled,
V.
of Plymouth, it being before the Senate on its
second reading. -
SENATE.
. Saturday, Dec. 4, 1852.
Mr. McCleese advocated its passage. Ho
said it was not a mere matter of convenience
only, but it was a matter of actual necessity to
have a bank established at Plymouth. The sta
tistics sent up from the County of Washington
showed clearly and conclusively that banking
facilities wtre needed there ; that they were in
deed indispensable. What was the state of the
case? It was well known that a large trade
was carried on particularly in the article of lum
ber, and this trade was greatly obstructed and
embarrassed by the want of money. They were
unable to obtain accommodation at the newborn
bank, for the reason, as the officers of that bank
asserted, that they have a sufficient demand
within their own neighborhood, and are unwil
ling to do business so far from homo. The bank
of Washington could not half supply them, and
men engaged in business at that place were con
sequently compelled to force their timber and
other articles of trade into the market at a time
of low prices, or else go to Norfolk to procure
money. He had been informed within a few
days past by a gentleman from that part of the
country, he had gone to Tarboro' in the expec
tation of getting some bills of exchange cashed,
but had been unable to do so. He was inform
ed while there, that the bank at that place had
refused to purchase exchanges that were offered
them to the extent of thirty thousand dollars,
solely for the want of funds. It was a thing of
almost daily occurrence that business men of
Plymouth and its neighborhood had to go to the
banks in Virginia to borrow money or to get
their bills of exchange converted into money.
The Senator from Martin would bear him out
in saying that nothing like the amount of busi
ness was done, that might and would be done,
at the town of Plymouth, if they had bank
ing facilities. Under these circumstances he
thought the Senate should not hesitate a mo
ment to grant the relief that was asked for by
passing this bill.
Mr. Joyner said he was averse to establishing
a multiplicity of banks, but he believed, at the
same time, that there were places where more
banking facilities were wanted ; and the place
here designated was one of those places. The
town of Plymouth was situated in a very fertile
portion of the country, near the mouth of the
Roanoke. It was a central point where a good
deal of trade must naturally concentrate, and
banking capital was essential to the carrying on
that trade. It was a matter of vast importance
to the Farmers of Washington county, as well as
to the merchants of Plymouth and others en
gaged in business. It did seem to him that
there should be a bank there. There were men
of capital in that section, men in whose hands
banking operations would be as safely conduct
ed as they could possibly be in any portion of
North Carolina. He intended to vote for the
bill, and he hoped it would pass.
SENATE.
MoxoAT, Dec. 6, 1852.
The Speaker announced that the Senate's
branch of the Committee on enrolled bills for
the present week, consists of Messrs. Canaday,
McClees, and Berry. 4. 1
On motion of Mr. Cunningham, the vote by
which the bill to incorporate a bank in the
town of Plymouth, in the County of Washing
ton, was rejected, was now reconsidered ; and
on motion of Mr. McClees, said bill was made
the special order for Wednesday at 1 o'clock.
A message was received from the House of
Commons transmitting a bill to incorporate the
Atlantic and North Carolina Rail Road Compa
ny, and asking the concurrence of the Senate in
the same. Said bill was read a first time.
Mr. Canaday moved its reference to the Com
mittee on Internal Improvements. The motion
was not agreed to.
On motion of Mr. Thompson it was made the
special order for Thursday next at 11 o'clock.
A message was received from the House of
Commons, proposing that the two Houses go into
an election for U. Senator this day at half
past one o'clock. The proposition was agreed to,
and Messrs llargrsve &sd Thompson appointed
to superintend the same.
Mr. Steele, from the Select Committee on Ag
riculture, reported back the bill to encourage
agrieulture, domestic manufactures, and the me
chanic arts, with sundry amendments.
On motion of Mr. Cunningham the bill and
amendments were ordered to be printed.
The Senate proceeded to consider the special
order, viz ; The bill to attach a part of the Coun
ty of Davidson to the County of Forsyth, on its
second reading.
Mr. Gilmer advocated the passage of the bill.
and Messrs. llargrave and Brogden opposed it.
The question on the passage of the bill was,
by yeas 8, nays 36, decided in the negative.
The Senate then proceeded to the considera
tion of the next special order, being the resolu
tions introduced by Mr. Bynum, in relation to
the Supreme Court.
The resolutions having been read by the
clerk,
Mr. Bj-num rose and said: I regret very
much, Sir, that these resolutions, together with
the various bills which have been submitted to
the Senate in relation to the some subject, could
not have been considered at an earlier day.
The resolutions now under consideration were
submitted to the Senate at an early period of
the Session ; and many of these bills whieh re
late to the same subject were also among the
earliest that were submitted. They are bills,
Sir, of very great importance, I admit, and I
think they are such as require the serious de
liberation of the Senate.
The resolutions which I have had the honor
to introduco to the Senate propose a material al
teration in tho judiciary system of the State, but
I wish to call the attention of the Senate to this
fact, that they do not propose an innovation.
They are not founded upon any of the new lights
of a progressive ago : they do not propose to in
troduce a system that is new in the State of
North Carolina, nor one which is new so far as
the judiciary system of other States of the Un
ion is concerned, or the judiciary system of the
U. S., or of that Country from which we have
received all our notions of law. The resolutions
which I have had the honor to introduce, pro
pose that we shall go back to that system which
is the one which has always prevailed in that
Country from which we have received all our
notions of law. I conceive that the present Su
preme Court of North Carolina, so far from be
ing consistent with the judiciary system of the
States of this Union, is clearly an amomaly : it
is directly against the very principle upon which
the common law is founded.
Mr. Bynum was interrupted by a message
from the House of Commons announcing that
they would now receive the Senate with a view
to execute the joint order of the two Houses,
and proceed to count and compare the votes
given for Governor in August last.
The Senate accordingly repaired to the Hall
of the House of Commons ; and having returned
tnereirom, v
The consideration of the Resolutions relating
to the Supreme Court was resumed.
On motion of Mr. T. F. Jones, they were post-
a j i. il. 1 , r
poneu anu maue ine special oraer tor to morrow
at naif post ten 0-0 clock.
The bill relating to Executors of last Wills
and Testaments was read a third time, and the
substitute therefor reported by the Committee
adopted.
Mr. Bynum moved further to amend th
and after remarks by Messrs. Bynum, Kelly and
Woodfin, the said bill was laid upon the table
iu await lue mruior acuon or tne Senate.
a. message was received from the House of
commons, stating tnat tne House was about to
proceed to vote for U. S. Senator.
The Senate then also proceeded to vote j after
WHICH,
The bill to incorporate the Charln.fnn a
Chattanooga Rail Road Company was read a
nuu time uu passed,
On motion, tho Senate adjourned.
a, w v.. . , . mw-. -.
rhfl tt n fi n T o Vnwl V... ! r ci . .
.uu.,.,vu uujuresa 01 oaturaay was re-
- , mouou 01 Mr. Jbong, of Ran
dolph to take up, on its 3d reading, the bill to
amend the act, and one,supplemental thereto, to
improve the Cape Fear and Deep Rivers above
Hayettevillo. The motion to take up prevailed.
Mr Marshall moved that the bill be laid upon '
the table. 4 r
Mr. Amis-opposed the motion on the ground
that it would facilitate business to dispose of it
at once, particularly as the subject had been
fully discussed, and tho members were now pre
pared to vote upon it. -
The motion to Jay upon the table was lost
yeas 38, nays 62. ;
The bill then passed its third reading, and,
under a suspension of the rules, the bill was or
dered to be engrossed and sent to the Senate.
. On motion of Mr. Williams, of Warren, a
message was sent to tho Senate proposing to go
into the election of a Senator at half past one
o'clock to-day.
On motion of Mr. Avery, the bill to incorpo
rate tho North Carolina and Tennessee Rail
Road Company, which had been made the spec
ial order for to-day at 12 o'clock, was taken up.
Mr. A very offered an amendment, which was
read for information, and ordered to be printed.
The bill was then laid upon the talble, and made
the special order for to-morrow at 12 o'clock.
A message was received from tie Senate, in
forming tho House that they haq rejected the
engrossed bill to amend the Constitution ; and
also one, agreeing to the proposition to vote for
a Senator at 1 o clock to day.
The hour having arrived for comparing and
counting the votes for Governor, the members
of the Senate were received into the Commons
Hall and took their seats on the right of the
Speaker's chair. The votes having been com
pared and counted, Mr. Boyd, from the Commit
tee appointed to act as tellers, submitted a re
port, as follows : Whole number of votes cast
91,570. D. S. Reid received 48,567 ; John Kerr
received 43,003. Majority for Reid 5,564.
Mr. Edwards, Speaker of the Senate, then de
clared David S. Reid duly elected Governor of
the State tor two years from tne nrst of Janua
ry next ; and the Senators retired. r
The Speaker announced that the hour had ar
rived for taking up the special order, viz : the
bill to amend the Constitution of North Caro
lina, the Free Suffrage Bill.
On motion of Mr. Avery, consideration of the
bill was postponed and made the special order
lor Tuesday at one o'clock.
The consideration of the bill to enlarge the
powers of the commissioners of the town of
Newbern was taken up ; and the bill passed its
second reading yeas 50, nays 43.
The hour having arrived for executing the
joint order, to-wit : the election of a Senator,
. Mr. Miller put in nomination the Hon. Ken
neth Ray ner.
Mr. Love withdrew the nam of the Hon. R.
M. Saunders.
Messrs. W. J. Long and Wheeler were ap
pointed, on the part of the House, to superin
tend the election ; and the two Houses proceed
ed to vote, with the following result :
W hole number or votes cast 100 81 necessa
ry to a choice. Mr. Rayner received i9; Mr.
Dobbin 1 i; scattering 8. Ao choice.
The House took recess.
EVENING SESSION.
Mr. Norfleet presented instructions, from 813
citizens of Edgecombe County, to their members
in the Legislature, to vote against a division of
said County ; which was laid on the table.
On motion of Mr. lolson, the Committee on
Finance was instructed to inquire into the expe
diency of imposing a tax upon incorporated so
cieties of Sons of Temperance, Odd Fellows, 4c.
Mr. Harris, ot Cabarrus, introduced a bill to
incorporate a bank to be established at Concord.
Passed first reading, and referred to the Com
mittee on corporations.
Mr. George introduced a bill to emancipate
Rachel, a slave, the property of Wm. Gore. Mr.
Miller moved that the bill be rejected ; which
was decided in the negative yeas 45, nays 55.
The bill passed its first reading, and was refer
red to the Committee oa Propositions and Grie
vances.
Mr. Carmichael introduced a bill to incorpo
rate the Salisbury, Mocksviiie, and Wilkesboro'
Plank Road Company. Passed first reading,
and referred to the Committee on Corporations.
Mr. Uotton presented a resolution, requesting
the Governor to inform the House what Chair
men of the Boards of Superintendents have re
ported, and what Chairmen have failed to re
port, for the last two years, Lc which was ad
opted. Mr.Corbettr A bill to establish the Merchant's
and Planter's Bank, in the town of Wilmington
Capital $500,000. Passed first reading, and
together with a memorial, was- referred to tne
Committee on the Judiciary.
The House then adjourned to iU 0 clock to
morrow.
TV
process
p. . . 'i uu on ni:..
"p'vn,iiri'ii a rmi
Mr. Murchison
Read, and
"mteeonp-
rate
Z , L tt CD1S0n Produced , 1
te the Upper LitH u?..? UBk.l
Commons. tZJ1.
TheblnrrtruetioV
Judiciary. ' to oC0
""iJ'S that the two it
an election fin. . w U
Mr. Berry introdooprf . r.li4l
Constitution of North rwi- to mJ
mu waving beenron,!
oyner raised
bill for a similar purpose, h?
fore the Senate and had ,1
LTStiotof0
1 ?
Viil! an' . M been
could not be entert-in .r,"1
troduced dnrin,. u".Mr Provi,;,
ing rule of tbeSonnt r.B J
similar to those of a bill J LVA
acted upon, could not be introoWS
same session. ir0Uuced
Mr. Joyner read the rule And . 1
decision of the chair upon th. I ",leii
, The Speaker decide!! th
aer.
From this
peal
that the
decision Mr.Joy,
The point of order was d,t j ,(
AVoodfin and Gilmer, wffZSSL
ner t4
cision of the Chair, anrf v..
".1 7 riiL
-"it
controve
Thomas sustaining tho H;:- '
rri . W "wciviu.
Ine question bein but
of the dhair stand tZ&Jl.
ate." itw h "ntofj
tne amrmative.
yew 20, naj8 2a
recurred upon the ,
SENATE.
Tuesday, Dec. , 1852.
The Speaker laid before the Senate a state
ment of the aSairs of the bank of VVadesboro',
which was ordered to be printed.
Mr. Clark, from the Committee on Corpora
tions, reported back the bill for the better gov
ernment of the town of Lincolnton, and to amend
the existing corporate laws of said town, and re
commended its passage.
Also the bill to consolidate and amend the
several acts heretofore passed for the govern
ment of the town of Oxford.
Mr. Bynum, from the committee to whom was
referred the bill to authorise the business of
banking, reported the same bock to the house
and recommended its passage.
A message was received from the House of
Commons transmitting the following engrossed
bill : A bill to amend an act (and the supple
ment thereto,) entitled an act to improve the
Cape Fear and Deep Rivers above Fayetteville.
The bill was read a first time, and on motion
of Mr. Hoke, was made the special order for
Thursday next at 12 o'clock.
Mr. Clark, from the Committee on Corpora
tions, reported back the following bills, with a
recommendation that no further action be taken
upon said bills :
A bill to incorporate the Burns ville Sons of
Temperance, No. 209.
A bill to incorporate the Indian Lodge Divis
ion, No. 220.
A bill to incorporate Lake View Division,
No. 161. Troy Division, No. 130. Social Di
vision, No. 58, and Sunsbury Division.
Mr. Clark, from the same committee, reported
back the bill to incorporate the True Brothera
Society in the town of Wilmington, and recom
mended that no further action be had on the
subject. I
Mr. Cunningham introduced the following re
solution : I
liesolved, That from and after Thursday next
the Senate will take a recess from 2 o'clock un
til half past three, P. M., each day.
Mr. Bynum moved that the resolution be laid
upon the table.
The motion did not prevail, yeas 18, nays 26.
The resolution was then adopted.
Mr. McCleese presented the petition of Chas.
Latham and others. Referred to the Committee
on Claims.
Mr. Hargrave, from the Committee appointed
to superintend the election of U. S. Senator, re
ported that no person having received a majori
ty of all the votes given, there was no election.
Mr. McDowell introduced a bill to regulate
the pav of witnesses in the County of Buncombe.
aiic uiu wua reau a nisi ume.
On motion of Mr. Boyd it was
Besotted, . That a message be sent to the House
of Commons. nroDosin? that a mm mitt
t k o ' -.WW V. VMV
on the part of the Senate and two on the part of
we xxouse 01 commons, be appointed to wait
upon his Excellency David S. Reid, and inform
him of his election as Governor of .North Caro
lina, for two years from the first day of Janua
ry next ; and to ascertain from him when it will
suit his convenience to appear before two
Houses of the GenejfallAssemblv. and taki. the
Ihe question
the bill on ita first r V"
three-fifths for that nurnJ """lu
Mr. Woodfin. I hoDo. sir a ...
bill will not now be taken w 4W
made the special order for
I think we ought not; until thev J!
At tn PATiBiiwia n . v
r.n. Miiai uav dots
name ?
.kT; A,a..not,particu,".iJ
v ma oj jLtiesuav next
Jur. lAiaweil. It 13 usual t0 let ,vl
" &. -" iv, ueome it wheniiJ
u(wu juj oci;uiiu reauing. 1 see nod
nuj Mi. uuur&e rdouiu be departed i
vino ihc. it ia iis important a bill H.
is before the legislature.
Mr. Woodlm. 1 have no idea ir 1
bill will ever come up for a second r-J,
lucnnc nun vu U1HCUSS it Uponinfosjl
lug. 11 was uauerstooa, when a bills
ims was oeiore trie Senate on a funnel
vT7 u u announceu bJ the friendd
tMij, ma iue lest wouia be upon its Sjjl
ing. x ao nope tnat we shall U &
frvanakf c . . tvi . . . L. n I . . . " .1
wuiki gvuu, viuH uusiness mat rwtii
attention. It is not to be surnxwdti
bill, which comes before uscontrarvtotS
01 oraer, is going to be disposed of 1
mucn aiscussion. its effect will be toi
and delay all other business fur a com
time.
Mr. Caldwell. The Senator, a fewj
ago, wan for adbenn very stricth to 1
Now, sir, the rules of this body point
proper time for the discussion of a mewl
that is, upon ita second reading. Yet til
ator says this lull never shall have 11
reading.
Mr. Woodfin. The Senator mistaken
remarked that I. honed it would nut
Mr. Caldwell. Well, sir, I do not boil
gentlemen on that side of the House dm
do. I wih to see the quistioa tested ikJ
they intend to kill the bill, let them 1
yeas and nays now. The Senator's aai
clearly a violation of our established raid
ic nr jz? mi
Jir. vvooann. ine oenator 1 eer:aia!i
taken. ,If my motion violates t'ue ruk
they w ioiatea When the Senator tea
mood, early in the session, proofed td
disposal of a similar bill upon its firsts!
should be a test ot the question ofiUM
and did not the speaker and the Ue
sustain him? That bill required an 3&W
vote of two-thirds; this ono requires tkl
it a test vote upon tne nrst reading to a
in that cose, it is- equally so in this.
lhc question upon the motion tops
until Tuesday at 12 o'clock was, Lrja
navs za, decided in the negative.
Mr. Bynum. 1 move that the fcrihwa
eration of the bill be postponed until 1
next at 11 o'clock. I do not make this iu
sir, with any disposition to delay action
this bill, nor do 1 do it to avoid the resps
ity of voting upon it. So far as I am com
I am ready at any time to vote : but it m
anticipated that this bill would I prat
tor our consideration to-dav, and it lias
the Senate somewhat by surprise. Tliea
order appointed for this day was potp
allow the ordinary morning business to trl
ceeded with. 1 think, tbereiure.itvJi
right and proper to appoint a time foriiJ
si deration, which 1 propo&e siiali be at
1 have named.
Mr. Brogden mode some remarks, afo"!
Mr. Bynum said. It will be remtmld
am sure, by the whole Senate, andlw
the senator from, Wayne has lorgotteB
when the bill from the House of CoiwM
relation to this question of Free Suffraf.
brought before the Senate upon its first n
briefly addressed the Senate' find intis
the tote should be taken at that time,
Senator from Wavne objected., and W
Dostnonement-lnotwithstiindins the suM
been so long considered, and so muchiifl
Slaving been before the legislature at oi
session. He appealed to Senators to aj
bill to be postponed as a matter of ciKf
himself; and' in obedience to this ref-l
was accordingly postponed to the twj
by him. And now he t mis round ami "I
thft miIa urhinli rannivxa liini to Q0 UE
fljl Ha vtfthpc Athprs tn tin unto hiu). 1
vhflt airrnrlsAVl thai- tho Spnator
AAttan rmnnraa m reitail liV hi III 00
sion. v y .
Ti nifeatinn vrsm Liken on the
Mr. "Washington introduced a bill to amend
an act concerning Courts uf Justice Yta and
upon
the
postpone the; WU until Monday at
negative. j
The question recurred
tho v.11
Mr. Islington. I beg leave w -,, ef
ment. T nronnsfi to amend the bill by 1
mi ol! aftor tlin onltinr clause 3n" &
tk.t i.:i, t n tUa rinur. 1
iif ;n Air.r.r-rr o.ioaa a l.iH is read a
for information onlv. and is not then s.
hill-tands upon'
ent footing. It is not to be treated u
bills are treated : it is to be voted up-,
and nays at each reading it receives, J
. r . .1 . "c .u Unfile on
sire to test tne opinions ui-i" - -
a. vnfai unnn Il I a n 1,1 r n 1 1 m P Ti t .
The Speaker. The Chair decided Jj
Vat .f iQ TiAt. in firder to U"1
ment to a bill upon its first io$- l
no rule that provides for it, and J
parliamentary practice, no bill can u
upon its nrst reading.
r ' T :n:T T L-r.,r that SUCH 1
air. juuuuwu. --
but
-r lorrishltlOn,
that the Chair would wake a .jJ
iotou, - . 1.. l.t 1SW,
r :nv. ..notion men y j
urns lor imviui. VsiWX
upon by yeas and nays, as if upo" 1
X. 1 certainly hold that the s-jjl
in order, and shall be com -peal
from the decision of the tuw
V The Speaker. The question
appeal from the decision ot the
llr.tmington. I do "f
argument upon the appeal, w 4
parliamentary ruts wmt "
inasmuch as this bill is
.: . . " .. . ....... "
I,,
-1M'
9-,