The Greensborough patriot [December 17, 1858]

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A. Family Newspaper--'-Devoted to Politics, Literature, Agriculture, Manufactures, Commerce, and Miscellaneous Reading.
VOLUME XX. GREENSBOROUGH, N. C., FRIDAY MORNING, DECEMBER 17, 1858. NUMBER 1045
AB1 usies ©arb*.
■† t' BEOGECOCK, ATTORNEY AT LAW,
J.^SSSTS ' Feb. 17, 1868. 972 tf.
HORTII A. I TLi:V, COMMBSJpN AND
Fwwarding Merchants, rayctteville, N. C.
Ol i:* A. I 0\ti, ATTORNEY AT LAW,
GEEES8B0R0UGH, N. C.
J)U. %. 1. II III, LEXINGTON, N. C.
I
1 ICOB T. BROWS, ATTORNEY AT LAW,
1 ii, ->. jv.ii. N C, will itwrf to all business «a-jJffm
hiB care. March 36> 1858. 977 ly.
nn. < . I- fc». ■» PATME, qOTARTNERS
II ,. Ihei racticeol Medicine, Obstetric* and Surge-ry,
Lexington, N. C. ____
^* *• l-KIIMiV. WITH AlSIiOTT, JONES &
> A*,;™" a»d Jobbers ofSUpJ***? Funey
>:,lt«!....!.. So IV. Market Street, Philadelphia.
imr c. wurrroKi*. GENERALcolons-
11 • M« S MERCHANT, East Front Street^
* NEW IJKRN, N. C.
Age* for Smith's Line NEW YORK PACKETS.
|V» «,. ived and Forwarded. 990 6m
'*BIIVr STREET HOUSE, BEAUFORT,
l* .\. ». . - v.. r. WH1TFIELD, Proprietor.
Tins large and commodious Hotel is now open for
fl-«Mrommodationol visitors. Board H-50 per day.
sZ**a •• 9W tf
U~ ft. J 1>I ES K. II UX, HAVING REMOVED
L.tireensborough, N. C, offers liis Professional
S,.T\i..si.. the public. Office on West Market Street,
|aitwliouse recently occupied as a residence by Hon.
jjai A. Gilmer. February, 1868. 9i3U
IO* COI»ARTl»ER»HlJP.—'■ A. LONG &
4 1; r CAIOWELL, areensborongh, N. C, bavinp
u...H-iai It • selves i» the practice of the law, in the
I'uurUolG lilt I county, will promptly attend to all
U»1II»M entrusted lothcir care. Jan. 1868. 967tf
(Oil* W. PAWWE, ATTORNEY AT LAW,
manently limn
t*.. will attend the Courts of Randolph Davidson and
tiiiilirt 1. .<
clabns placed in
Mil
•I I. ... ; | rmanently located in Greensborongh, N.
tiuiltonl, and promptly intend to the collection of all
a his hands. Jan. it, 1867. 915 tf
n'%T*l>\ .V HEARS, GENERAL COMMIS-si
D Merchants, M Burling flip. New York.—
Special aitenlion paid io the sale of Grain, Cotton and
other Southern products. jj^rLibtral advances made
on r.iii-i./itN!»'nf- ^»° o
MARBLE WORKS.--GEORGE HE1NRICH,
Manufacturer ofMonuments, Tombs, Hcad-st'.ues.
fee.,at reduced prices, four doors North of the Court
House,Greensborongh,N.C. (^Orders from adis-
Unee promptly filled. 971 tf
\I». M'lIKKV, of North Carolina,
. With WM. GRAYDON & CO..
laumten ami Jobber of Dry Goods, 46 PARK
PL.ME, am) 41 BARCLAY STREET,
Vm Graydon, I „___ ...... 1 ':-'"- H. Seeley,
/• Grayaon. . ■« " W*" h* t Wm. A. Scott.
.Vt.Vi-mWl. IS.'iS. tt
Jons u. I:I.\*I.AM>. I w. o. naysotos. j J. II. KOWLANI..
I|()Ml.l\l> & REYSOWttS, SUCCESSORS
I) t.. An Icrson & Reynolds, Grocers and Commission
Merchants. NORFOLK, Va. Bj»* Pay particular at-tention
i« the sale of Flour, Grain, Tobacco, etc., avoid-ing
unnecessary charges, and rendering prompt re-iuiMs.
December, 1857. 963 tf
$ &xtmf&mm$> lafeiirt.
ITVI H. KCOTT. WILL. L. BOOTT.
SCOTT & SCOTT, ATTORNEYS ANDCOUN-sellors
at Law. - GREENSBOROOGH, N. C,
Will attend the Courts of Guilfbrd, Alamance, Ran-d
«lpli. Davidson, Forsyth awl Rockingham. All claims
en:iii-:. 1 to them for collection, will receive prompt
attention. Office on North Street, fourth door from
Li:..l- ly - corner.
U'.tl. II. KIRKSEY, COMMISSION MER-
...... and General Agent, Morehead City, N.C.
W l.l :.i'.••! i io buying, selling, receiving and forwarding
all l.in '.•■'.'. roduce and merchandise.
];..:. ' (iov. J. M. Morehead, G, ojr.sborough, N.
C. John 11. llaughl n, Esq., Newbernc, N. 0. Dr. F.
.1. HT.. Hfi iiigti n, N. C. H. A. London, Esq., Pitte-l
»r..-.'.. S.C. June I, 1858. '.'87 tf
Ii:\l\t;v<»\ JEWELRY STORE.
i . criber n hand the fine GOLD LE-
\ I t! U ill l!l> manufactured t>y Johnson of Liver-
1 Land Dixon of London. Also, the Silver Lever
i.'-i .•: • .• i common I'irge Watch, with a variety ol
JIWKLK1 ..I nil descriptions. All of which will be
auMluH foi cash. Watches of all descriptions repaired.
1 tf GEORGE 1ULKY.
JAS. «:.,.. ALEX. OI.HIIAM.
STOHI-.I.V *i OLDH4M, GROCERS AND
'' issiim Merchants, Wilmington, N. C. liber-al
advance; i.- on produce consigned to us, when
des red
A" •..-..- r—Col. John McRae, President of the Brink
ofWiliuingi .II. II. a Parsley, Esq., President of the
C..ti.:u.i. i.,: Bank. Aug. 28,1857. 948ly
IIETER vV. aiHTON, COMMISSION MER-
.i • .•. I . , Point. NORFOLK, Va. Special at-teiifi..
it pai 1 to selling Tobacco, Flour, (..rain. Cotton,
Naval ;* ores, SLC. Also, ij receiving and forwarding
li.. Is.
K'ftrtnrf:—Charles L. Hinton, Wake, N. C. G. B.
l».,ii! i.'. I. |., and Ueo. W. Haywood, Kfileigh, N. C.
Win. I'lm . . Esq., Warrenl <n, N. t'. Aug. 1866.
1> J. >IK\l>r.\ll il.I.. LAND AGENT, WILL
1. eeleci md enter Government Land, Locate Land
Warrants, make investments for capitalists at Western
rate*. j.,y taxes, and transact a general real estate bu-
•■»•.•«, in \', i, Iowa and Wisconsin. Address,
>IMin. .;... ota.
/•" ■ J. M. Morehead, George C. Men-de:.
i,.\ < • Walter Gwynn and lion John A. Gilmor.
May l»j. ;- ., 888 tf
M. S. SHERWOOD. JAMES A. LO.NQ-SHERWOOD
& LONG,
EDITORS AND PROPRIETORS.
TERMS: S-i.OO A YEAR, IX ADYAXCE
RatCM of Advertising.
OSE dollar per square for the first week, and twenty-five
cents fer every week thereafter. TWELVE LINES OR
LESS making a square. Deductions made in favor of
standing matter as follows:
3 MONTHS. 6 MONTHS. 1 YEAR.
One square $3 60 $560 S8 00
Two squares 7 00 10 00 14 00
Three " 10 00 15 00 20 00
UT II. RrRARY Ai CO., FACTORS AND
. i niuii-sion Merchants, Agents for the sale and
p-ir. 1.1— . •'" '.!• ..n 11.ur, Grain, Salt, Groceries. Stc,
•' rn«Tpri cess and Water Streets, Wilmington, N. C.
t-,*"l - y i.i. mci- . n Consignments.
/.■ † -........_||. i;. Savage. Cashier Dank of Cape
Feu; l> UOSSET it Brown, Wilmington, N. C. P. &
II Fries, .-. in, N. C. t'. Graham .x •'".. Marion C.
H , >. ('. II ' tdderton & Co., Lexington, N.C.
i: tv,,,
l.ri
Pin-
II .vi
cunt
E-Pri
«
MI 1
Ur.-.
I.. I)(IV\CLI/S I'liotosiaplilr «al-
■ |ers opened, andCameotypes, Melaino-
•.and VMBROTYPES, which cannot be surpassed
d i; '.' IL1IV and BEAUTY are taken in Lockets,
ai i< ..-. to suit the tastes and purses of all.—
ii ; permanently located in Greensborongh, they
ileuttj expect -i liberal patronage.
_t" < . '. and examine Specimens, and learn the
II in-- formerly occupied by A. Starrett, sao-
•iv •■: Garrctt's brick building, Wtflt Market St.,
•■' i ugh, N. C. March, 1858. 'J71 tf
M-l •!!
f. w
1 .S...Cs
t r... '„.
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B»nk;
» :..j
i: ileij,
n . i
URGE II. KELLY, COMMISSION MER-
:. • . -ii Oealer in Family Groceries and Pro-
,.\ .. 11. North Water Street, WILMINGTON, N.
..! keep constantly on hand. Sugars, Coffees, Mo-i...
■. Flour, Butter, Lard, Soap, Candles,
r.. .Si irch, i Ills, Snuffs, &c.
. -. .-. o. ii. I"arsley, President of Commercial
J. ... McRae, President Bank of Wilmington,
!.•••... N (.'. A. M. t:. nnan, Rev. 11. T. Heflin,
i. J .•'. ... Garret, David McKnight, Greensbo-
. V < .
J
1
P.
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P.
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.11. ROTUROCK, I>. II. S.. BESPECT-
. :. , ional services to the citizens
■ ••. • .rough, and all others who desire operations
' mied in the TEETH in the latest and best style.
••i.- • i piainted, c n have any satisfactory refer-
•■ i •• churn ir. skill, &c , Ac.; and the advantage
' .. yean constant practice in MEDICINE AND
NTISTRY. with ever} new discovery that is valua-
1 -.rile has furnished hb OPERATING ROOMS
'■! ;.-■ Street, Bccond story of Garrett's brick build-
■ .....i^ be will always be found uuless professionally
•-'- April -".', ISO*. 982 tf
PRESIDENT'S MESSAGE.
Felluw-cifize/18 of the Senate and House of Representatives:
When we compare the condition of the
country at the present day with what it was
one year ago, at the meeting of Congress,
we have much reason for gratitude to that
Almighty Providence, which has never tail-ed
to interpose for our relief, at the most
critical periods of our history. One year
ago, the sectional Strife hetmeen tne North
and the South on the dangerous subject of
slavery, had again become so intense as to
threaten the peace and perpetuity of the
confederacy. The application for the admis-sion
of Kansas as a .State into the Union,
fostered this unhappy agitation, and brought
the whole subject once more before Con-gress.
It was the desire of every patriot
that such measures of legislation might be
adopted, as would remove the. excitement
from the States, and confine it to the Terri-tory
where it legitimately belonged. Much
has been done, l am happy to say, towards
the accomplishment of this object, during
the last session of Congress.
The Supreme Court of the United States
had previously decided, that all American
citizens have an equal right to take into the
Territories, whatever is held as property
under the laws of any of the Slates, and to
hold such property there under the guar-dianship
of the federal constitution, so long
as the territorial condition shall remain.
This is now a well-established position,
and the proceedings of the last session were
alone wanting to give it practical effect.
The principle has been recognised, in some
form or other, by an almost unanimous vote
of both houses of Congress, that a Territory
has a right to come into the Union either as
a free or a slave State, according to the will
of a majority of its people. The just equali-ty
Of all the States has thus been vindicated,
and a fruitful source of dangerous dissension
among them has been removed.
Whilst such has been the beneficial ten-dency
of your legislative proceedings outside
of Kansas, their influence has nowhere been
so happy as within that Territory itself.
Left to manage and control its own affairs
in its own way, without the pressure of ex-ternal
influence, the revolutionary Topekn
organization and all resistance lo the terri-torial
governments established by Congress,
have been finally abandoned. As a natural
consequence, that fine Territory now ap-pears
to be tranquil and prosperous, and
is attracting increasing thousands of immi-grants
to make it their happy home.
The past unfortunate experience of Kan-sas
has enforced the lesson so often already
taught, that resistance to lawful authority,
under our form of government, cannot fail
in the end to prove disastrous to its authors.
Had the people of the Territory yielded
obedience to the laws enacted by their leg-islature,
it would at the present moment
have contained a large additional population
of industrious and enterprising citizens, who
have been deterred from entering its borders
by the existence of civil strife and organized
rebellion.
Jt was the resistance to rightful authority
and the persevering attempts to establish a
revolutionary government under the Topeka
constitution, which caused the people of Kan-sas
to commit the grave error of refusing to
vote for delegates to the convention to frame
a constitution, under a law not denied to be
lair and just in its provisions. This refusal
to vole his been the prolific source of all the
evils which have followed. In their hostili-ty
to the territorial government, they disre-garded
the principle, absolutely essential to
the working of our form of government, that
a majority of those who vote—not the ma-jority
who may remain at home, from what-ever
cause—must decide the result of an
election. For this reason, seeking to take
advantage of their own error, they denied
the authority of the convention thus elected
lo frame a constitution.
The convention, notwithstanding, proceed-ed
to adopt a constitution unexceptionable
in its general features, and providing for the
submission of the slavery question to a vote
of the people, which, in my opinion, they
were bound to do, under the Kansas and
Nebraska act. This was the all-important,
question which had alone convulsed the Ter-ritory;
and yet the opponents of the lawful
government, persisting in their first error,
refrained from exercising their right to vote,
and preferred that slavery should continue,
rather than surrender their revolutinary To-peka
organization.
A wiser and better spirit seemed to pre-vail
before the first Monday of January last,
when an election was held under the consti-tion.
A majority of the people then voted
for a governor and other Stale officers, for a
member of Congress, and members of the
State Legislature. This election was warm-ly
contested by the two political parties in
Kansas, and a greater vote was polled than
at any previous election. A large majority
of the members of the legislature elect be-longed
to that party which had previously
refused to vole. The anti-slavery party were
thus placed in the ascendant, and the politi-cal
power of the State was in their own
hands. Had Congress admitted Kansas into
the Union under theUecoinpton constitution,
the legislature might, at is very first session,
have submitted the question to a vote of the
people, whether they would or would not
have a convention to amend their constitu-tion
either on the slavery or any other ques-tion,
and have adopted all necessary means
fer giving speedy effect to the will of the
majority. Thus the Kansas question would
have been immediately and finally settled.
Under these circumstances, 1 submitted to
Congress the constitution thus framed, with
all the officers already elected necessary to
put the State government into operation, ac-companied
by a strong recommendation in
favor of the admission of Kansas as a State.
In the course of my long public life I have
never performed any official act which, in
the retrospect, has afforded me more heart-felt
satisfaction. Its admission could have
inflicted no possible injury on any human
being, whilst it would, within a brief period,
have restored peace to Kansas and harmony
to the Union. In that event, the slavery
question would ere this have been finally
settled, according to the legally-expressed
will of a majority of the voters, and popular
sovereignty would thus have been vindicated
in a constitutional manner.
With my deep convictions of duty, I could
have pursued no other course. It is true,
that, as an individual, I had expressed an
opinion, both before ad during the session of
convention, in favor of submitting the re-maining
clauses of the constitution, as well
as that concerning slavery, to the people.
But, acting in an official character, neither
myself nor any human authority had the
power to rejudge tho proceedings of the con-vention,
and declare tho constitution which
it had framed to be a nullity. To have done
this would have been a violation of the Kan-sas
and Nebraska act, which left the people
of the Territory "perfectly free to form and
regulate their domestic institutins in their
own way, subject only to the constitution of
the United States." It would equally have
violated the great principle of popular sov-ereignty,
at the foundation of our institu-tions,
to deprive the people of the power, if
they thought proper to exercise it, of confid-ing
to delegates elected by themselves the
trust of framing a constitution, without re-quiring
them to subject their constituents to
the trouble, expense, and delay of a second
election. It would have been in opposition
to many precedents in our history, commenc-ing
in the very best age of tho republic, of
the admission of Territories as States into
the Union, without a previous vote of the
people approving their constitution.
It is to be lamented that a question so in-significant
when viewed in its pratical ef-fects
on the people of Kansas, whether de-cided
ono way or the other, slioud have
kindled such a flame of excitement through-out
the country. This reflection may prove
to be a lesson of wisdom and of warning for
our future guidance. Practically considered,
the question is simply whether the people of
that Territory should first come into the
Union and then change an}- provision in
their constitution not agreeable to them-selves,
or accomplish tho very same object
by remaining out of the Union and framing
another constitution in accordance with their
will? In either case, the result would be
precisely the same. The only difference in
point ol fact is, that the object would have
been much sooner attained, and the pacifica-tion
of Kansas more speedily effected, had it
been admitted as a State during the last ses-sion
of Congress.
My recommendation, however, for the im-mediate
admission of Kansas, failed to meet
the approbation of Congress. They deemed
it wiser to adopt a different measure for tho
settlement of the question. For my own
part, I should have been willing to yield my
assent to almost any constitutional measure to
accomplish this object. 1, therefore, cordial-ly
acquiesced in what has been called the
English Compromise, and approved the "Act
for the admission of the State of Kansas into
the Union" upon the terms therein prescrib-ed.
Under the ordinance which accompanied
the Lecompton constitution, the pcoplo of
Kansas had claimed double tho quantity of
public lands for the support of common
schools, which had ever been previously
granted to any State upon entering the
Union; and also the alternate sections of
land for twelve miles on each side of two
railroads, proposed to be constructed from
the northern to the southern boundary, and
from the eastern to the western boundary of
the State, Congress, deeming these claims
unreasonable, provided, by the act of May
4, ls.V<, to which I have just referred, for the
admission of tho State on an equal footing
with the orignal States, but "upon the fun-damental
condition precedent" that a major-ity
of the people thereof, at an election to be
held for that purpose, should, in place of the
very large grants of public lands which they
had demanded under the ordinance, accept
such grants as had been made to Minnesota
and other new States. Under tltisact,should
a majority reject tho proposition offered
them, "it shall bo deemed and held that tho
people of Kansas do not desire admission in-to
the Union with said constitution under
the conditions set forth in said proposition."
In that event, the act authorizes tho people
of the Territory to elect delegates to form a
constitution and State government for them-selves,
" whenever, and not before, it is as-certained
by a census, duly and legally ta-ken,
that the population of said Territory
equals or exceeds the ratio of representation
required for a member of the House of Rep-resentatives
of the Congress of the United
States." The delegates thus assembled "shall
first determine by a vote whether it is the
wish of the people of the proposed State to
be admitted into the Union at that time, and,
if so, shall proceed to form a constitution,
and take all necessary steps for the establish-ment
of a State government in conformity
with the federal constitution." After this
constitutioiishall have been formed. Congress,
carrying out the principles of popular sov-ereignty
and non-intervention, have left
"the mode and manner of its approval or
ratification by the people of the proposed
State" to be " prescribed by law," and they
•• shall then be admitted into the Union as a
State under such constitution thus fairly and
legally made, with or without slavery, as
sai<l constitution may prescribe."
An election was held throughout Kansas,
in pursuance of the provisions of this act, on
the second day of August last, and it resulted
in the rejection, by a largo majority, of the
proposition submitted to the people by Con-gress.
This being the case, they are now
authorized lo form another constitution, pre-paratory
to admission into the Union, but
not until their number, as ascertained by a
census, shall equal or exceed the ratio requir-ed
to elect a member to the House of Repre-sentatives.
It is not probable, in the present state of
the case, that a third constitution can be
lawfully framed and presented to Congress
by Kansas, before its population shall have
reached the designated number. Nor is it
to be presumed that, after their sad experi-ence
in resisting the territorial laws, they
will attempt to adopt a constitution in ex-press
violation of the provisions of an act of
Congress. During the session of lsiti, much
of tho time of Congress was occupied on the
question of admitting Kansas under the To-peka
constitution. Again, nearly the whole
of tho last session was devoted to the ques-tion
of its admission under the Lecompton
constitution. Surely it is not unreasonable
to require the pcoplo of Kansas to wait, be-fore
making a third attempt, until tho num-(
berof their inhabitants shall amount to niuo-threo
thousand four hundred and twenty.—
During this brief period tho harmony of the
States, as well as the great business interests
of the country, demand that tho people of
the Union shall not far a third time be con-vulsed
by another agitation on the Kansas
question. By waiting for a short time, and
acting in obedience to law, Kansas will glide
into tho Union without tho slightest impedi-ment.
This excellent provision, which Congress
have applied to Kansas, ought to be exten-ded
and rendered applicable to all Territo-ries
which may hereafter seek admission in-to
tho Union.
Whilst Congress possess the undoubted
power of admitting a new State into the
Union, however small may be the number
of its inhabitants, yet this power ought not,
injmy opinion, to be exercised before tho pop-ulation
shall amount to tho ratio required
by the act for the admission of Kansas. Had
this been previously the rule, the country
would have escaped all the evils and misfor-tunes
to which it has been exposed by the
Kansas question.
Of course, it would be unjust to give this
rule a retrospective application, and exclude
a State which, acting upon the past practice
of the government, has already formed its
constitution, elected its legislature and oth-er
officers, and is now prepared to enter the
Union.
The rule ought to bo adopted, whether wo
consider its bearing on tho people of the
Territories or upon the people of the existing
States. Many of tho serious dissensions
wliich have prevailed inCongressahd through-ou
t tliecountrj-, would have been avoided,
had this rule been established at an earlier
period of the government.
Immediately upon tho formation of a new
Territory, people from different Slates and
from foreign countries rush into It, for the
laudable purpose of improving their condi-tion.
Their first duty to themselves is to
open and cultivate farms, to construct roads,
to establish schools, to erect places of reli-gious
worship, and to devote their energies
generally to reclaim the wilderness and to
kvy tho foundations of a nourishing and pros-perous
commonwealth. If, in this incipient
condition, with a population of a few thou-sand,
they should prematurely enter the Un-ion,
they arc oppressed by the burden of a
State taxation, and tho means necessary for
the improvement of the Territory and the
advancement of their own interests, are thus
diverted to very different purposes.
The federal government has ever been a
liberal parent to the Territories, and a gen-erous
contributor to the useful enterprises of
the early settlers. It has paid the expenses
of their governments and legislative assem-blies
out of tho common treasury, and thus
relieved thein from a heavy charge. Under
these circumstances, nothing can be better
calculated to retard their material progress,
than to divert them from their useful em-ployments,
by prematurely exciting angry
political contests among themselves, for the
benefit of aspiring leaders. It is surely no
hardshipfor embryo governors, senators, and
members of Congress, to wait until the num-ber
of inhabitants shall equal those of a sin-gle
congressional district. They sorely ought
not to be permitted to rush into the Union,
with a population less than one-half of sever-al
of tho large counties in tho interior of
some of the States. This was the condition
of Kansas when it made application to be
admitted under the Topeka constitution. Be-sides,
it requires some time to render the
mass of a population collected in a new Ter-ritory,
at all homogeneous, and to unite them
on anything like a fixed policy. Establish
tho rule, and all will look forward to it and
govern themselves accordingly.
Butjustice to the people of the several
states requires that this rule should be estab-lished
by Congress. Bach State is entitled
to two senators and at least one representa-tive
in Congress. Should the people of the
States fail to elect a Vice President, the
power devolves upon the Senate to select
this officer from the two highest candidates
on the list. In case of the death of the
President, the Vice President thus elected
by tho Senate, becomes President of the Uni-ted
States. On all questions of legislation,
the senators from the smallest States of the
Union have an equal vote with those from
the largest. The same may be said in re-gard
to the ratification of treaties, and ol
Executive appointments. All this has work-ed
admirably in practice, whilst it conforms
in principle with the character of a govern-ment
instituted by sovereign States. 1 pre-sume
no American citizen would desire the
slightest change in the arrangement. Still,
is It not unjust and unequal to tho existing
States to invest some forty or fifty thousand
people collected in a Territory with the at-tributes
of sovereignty, and place them on
an equal footing with Virginia and Now
York in the Senate of the United States?
For these reasons, 1 earnestly recommend
the passage of a general act, which shall pro-vide
that upon the application of a territo-rial
legislature, declaring their belief that
the Territory contains a number *ot inhabi-tants
which," if in a State, would entitle th^m
to elect a member of Congress, it shall be
the duty of the President to cause a census
of the inhabitants to be taken, and if found
sufficient, then by the terms of this act to
authorize thorn to proceed "in their own
way" to frame a State constitution prepara-tory
to admission into the Union. I also
recommend that an appropriation may be
made, to enable the President to take a cen-sus
of the people of Kansas.
The present condition of the Territory of
Utah, when contrasted with what it was
one'ycar ago, is a subject for congratulation.
It was then in a state of open rebellion, and,
cost what it might, the character of the gov-ernment
required, that this rebellion should
be suppressed and the Mormons compelled
to yield obedieffti' to the constitution and
the laws. In orflar to accomplish this ob-ject,
as I inJoruMfl you in my last annual
message, I appointed a new governor instead
of I'.righam Sou..g,and other federal officers
to take the placet of those who, consulting
their personal safety, had found it necessary
to withdraw fK.ih the Territory. To pro-tect
these civil officers, and to aid them as a
posse cumitatu-t, ii the execution of the laws
ordered a detachment of
uipany them to Utah. The
>tins these measures is now
in case of need,
the army to acts
necessity for ado
demonstrated, f
On the 15th {September, 1858, Governor
Young issued hbi proclamation, in the style
of an independei t sovereign, announcing his
purpose to resist Ly foace of arms the entry
of the United S ales troops into our own
Territory of Ut:t i. By this ho required all
the forces in t' e Territory, to "hold them-selves
in readinc ;s to march at a moment's
notice to repel a ly and all such invasion,"
and established 'nartial law from its date
throughout the territory. These proved to
be no idle threat}?. Forts Bridger and Sup-ply
were vacatet rod burnt down by the
Mormons, to dej rive our troops ol a shelter
after their long and fatiguing march. Or-ders
were issued by Daniel H. Wells, styling
himself "Lieute iant General, Nauvoo Le-gion,"
to stamp* le the animals of the Uni-ted
States troop on their march, to set fire
to their trains, t burn the grass and the
whole country before them and on their
flanks, to keep t'lem lrom sleeping by night
surprises, and to blockade the road by felling
trees, and dostrdjying the fords of rivers, &c,
&e., &c.
/ere promptly and cfiectual-he
4th Octyber, 1857, the
a and burned on Green Ri-
These orders
ly obeyed. On
Mormons captui
seventy-five WU
and tents for tin
veral hundred a
ver, three of out supply trains, consisting of
Diis loaded with provisions
army, and drove away se-imals.
This diminished tho
supply of provisions so materially that Gen-eral
Johnston w*s obliged to reduce the ra-tions,
and even with this precaution, there
was only sufficient loft to subsist the troops
until the first of .June.
Our little arjray behaved admirably in
their encampme it at Fort Bridger, under
ivations. In tho midst of
a dreary, unsettled, and
Ion, more than a thousand
tiny passed the severe and
without a murmur. They
looked forward! with confidence for relief
from their eount'-v in due season, and ill this
these trying pi
the mountains, i
inhospitable reg
miles from honn
inclement white
they were not d
The Secretary
energies
sappointed.
of War employed all his
to forivard them the neccessary
supplies, and to mister and send such a mil-itary
force to Utah as would render resis-tance
on the parjt of the Mormons hopeless,
and thus terminate the war without the ef-fusion
of blood, j In his efforts he was ef-ficiently
sustained by Congress. They gran-tod
appropriations sufficient to cover the de-ficiency
thus ne '.-essarily created, and also
provided for raising two regituents of vol-unteers
"for the {purpose of quelling distur-bance
in the Territory of Utah, for the pro-tection
of supply and emigrant trains, and
the suppression of Indian hostilities on the
frontiers." Happily, there was no occasion
to call these regiments into service. If they
had been, I should have felt serious embar-rassment
in selecting them, so great was the
number of our brave and patriotic citizens
anxious to serve I heir country in this dis-tant
and apparently dangerous expedition.
Thus it has ever been, and so may it ever be'.
The wisdom and economy of sending suf-ficient
reinforcements to Utah are establish-ed
not only by the event, but in the opinion
of those who, from their position and oppor-tunities,
are the most capable of forming a
correct judgment. General Johnston, the
commander of the forces, in addressing the
Secretary of War from Fort Bridger, under
date of October 18, 1857. expresses the opin-ion
that "unless a latge force is sent here,
from the nation of the country, protracted
war on their [the Mormons] part is inevita-ble."
This he considered neccessary, to ter-minate
the war "speedily and more economi-cally
than if attempted by insufficient means."
In the mean time, it was my anxious de-sire
that the the -Mormons should yield obe-dience
to the constitution and the laws, with-out
rendering it neccessary to resort to mil-itary
force. "To aid in accomplishing ibis ob-ject,
I deemed it advisable in April last, to
despatch two distinguished citizens of tho
United States, -Messrs. Powell and McCul-loch,
to Utah. They bore with them a pro-clamation
addressed"by myself to the inhabi-tants
of Utah, dated on tho sixth day of
that month, warning them ot their true con-dition,
and how hopeless it was on their part
to persist in rebellion against the United
States, and offering till these who should sub-mit
to the laws a full pardon for their past
seditions and treasons. At the same time, I
assured those who should persist in rebellion
against the United States, that they must
expect no father lenity, but look to be rigor-ously
dealt with according to their deserts.
The instruction to these agents, as well as a
copy of tho proclamation, and their reports,
are herewith submited. It will be seen by
their report of the :Jd of July last, that they
have fully confirmed the oppinion expressed
by General Johnston in the previonsOctober
as to the necessity of sending reinforcements
to Utah. In this" they state, that they "are
firmly impressed with the belief that the
army here and the large additional force
that had been ordered to this Territory,
were the chief inducements that caused the
Mormons to abandon the idea of resisting
the authority of the United States. A less
decisive policy would probably have resul-ted
in a long," bloody, and expensive war."
These gentlemen coducted themselves to
my entire satisfaction, and rendered useful
services in executing the humane intentions
of the government.
It also affords me great satisfaction to
state, that Governor Camming has perform-ed
his duty in an able and conciliatory man-ner,
and with the happiest effect. I cannot,
in this connexion, refrain from mentioning
the valuable service of Col. Thomas L. Kane,
who, from motives of pure benevolence, and
without any official character or pecuniary
compensation, visited Utah during the last
inclement winter, for the purpose of contri-buting
to the pacification of the Territory.
I am happy to inform you, that the gov-ernor
and other civil officers of Utah, are
now performing their appropriate fnnctioi
without re-istauce. Tin :.^^^^aMM|
constitution and the laws has been fully re-stored,
and peace prevails throughout the
Territory.
A portion of the troops sent to Utah are
now encamped in Cedar valley, forty-four
miles southwest of Salt Lake City ; and the
remainder have been ordered to Oregon to
suppress Indian hostilities.
The march of tho army to Salt Lake City,
through the Indian Teritory, has had a
powerful effect in restraining tho hostile
feelings against the United States, which
existed among the Indians in that region,
and in securing emigrants to the Far West
against their depredations. This will be the
establishing millitary posts and promoting
settlements along the route.
I recommend that tho benefits of our land
laws and pre-emption system be extended to
tho people of Utah, by the establishedment
of a land office in that Territory.
I have occasion, also, to congratulate j'ou
on the result of our negotiations with China.
You were informed by my last anual mes-sage,
that our minister had been instructed
to occupy a neutral position in the hostili-ties
conducted by Great Britain and France
against Canton. He was, however, tit the
same time, directed to co-operate cordially
with the British and French ministers in all
peaceful measures to secure by treaty those
jnst concessions to foreign commerce, which
the nations of the world had a right to de-mand.
It was impossible for me to pro-ceed
further that this, on my own authority,
without usurping tho war-making power,
which, under the constitution, belongs ex-clusively
lo Congress.
Besides, after a careful examination of
the nature and extent of our grievances, 1
did not believe they were of such a pressing
and aggravated character, as would have
justifiecfCongress in ^declaring war {against
the Chinese empiro, without first making
another earnest attempt lo adjust them by
peaceful negotiation. 1 was tho more in-clined
to this oppinion, because of tho severe
chastisement which had then but recently
been inflicted upon tho Chinese by our squa-dron,
in the cupture and destruction of the
Harrier forts, to avenge an alleged insult to
our flag.
The event has proved the wisdom of our
neutrality. Our minister has executed his
instructions with eminent skill and ability.
In conjunction with the Russian plenipoten-tiary,
he has peacefully, but effectually, co-operated
with the English and French pleni-potentiaries;
and each of the four powers
has concluded a separate treaty with China,
of a highly satisfactory character. The trea-ty
concluded by our own plenipotentiary will
immediately be submitted to the Senate.
I am happy to announce tnat, through the
energetic yet conciliatory efforts of our con-sul
genera! in Japan, a new treaty has been
concluded with that empire, which may bo
expected materially to augment our trade
and intercourse in that quarter, and remove
from our countrymen the disabilities which
have heretofore been imposed upon the cx-erciso
of their religion. The treaty shall be
submitted to the Senate for approval with-out
delay.
It is my earnest desire that every misun-derstanding
with tho government of Great
Britain, should bo amicably and speedily ad-justed.
It has been the misfortune of both
countries, almost ever since the period of the
revolution, to have been annoyed by a suc-cession
of irritating and dangerous ques-tions,
threatening their friendly relations.
This has partially prevented the lull develop-ment
of those feelings of mutual friendship
between the people of tho two countries, so
natural in themselves and so conducive to
their common interests. Any serious inter-ruption
of the commerce between the United
States and Great Britain, would bo equally
injurious to both. In fact, no two nations
have ever existed on the face of the earth,
wliich could do each SO much good or so
much harm.
Entertaining these sentiments, I am grati-fied
to inform you, that the long-ponding
controversy between the two governments,
in relation to the question of visitation and
search, has been amicably adjusted. The
claim on the part of Great Britain, forcibly
to visit American vessels on the high seas in
time of peace, could not be sustained under
the law of nations, and it had been overrul-ed
by her own most eminent jurits. This
question was recently brought to an issue,
by the repeated acts of British cruisers, in
boarding and searching our merchant vessels
in the Gulf of Mexico and the adjacent seas.
These acts were the more injurious and an-noying,
as these waters are traversed by a
large portion of the commerce and naviga-tion
of the United States, and their free and
unrestricted use is essential to the security
of the coast wiso trade between different
States of tho Union. Such vexatious inter-ruptions
could not fail to excite the feelings
of the country, and to require the interposi-tion
of'the government, l.eiiionstranccs were
addressed to the British government against
these violations of our rights of sovereignty,
and a naval force was at the same time or-dered
to the Cuban waters, with directions
" to protect all vessels of tho United States
on the high seas, from search or detention by
the vessels of war ot any other nation."—
These measures received the unqualified and
even enthusiastic approbation of the Ameri-can
people. Most fortunately, however, no
collision took place, and the British govern-tuent
promptly avowed its recognition of the
principles ofinternational law upon this sub-ject,
as laid down by the government of the
United States, in the note of the Secretary
of State to the British minister at Washing-ton,
of April 10, 1858, which secure the ves-sels
of the United States upon the high seas
lrom visitation or search in time of peace,
under any circumstance whatever. The
claim has been abandoned in a manner re-flecting
honor on the British government,
and evincing a just regard for the law of na-tions,
and cannot fail to strengthen the ami-cable
relations between the two countries.
The British government, at the same time,
proposed to the United States that some
mode should be adopted, by mutual arrange-ment
between the two eonntries, of a char-acter
which may be found effective without
being offensive, for verifying the nationality
ot vessels suspected on good grounds of car-rying
false colors. They have also invited
the United States to take tho initiative, and
propose measures for this purpose. Whilst
declining to assume
th
any proposals which they may feel'disposeJ
to otter, having this object in view' and !«•
consider them in an amicable spirit. A
strong opinion is, however, expressed, that
the occasional abase of the flag tif any na-tion,
is an evil far less to be dcprocaUod, thiiri
would lie tho establishment of anji regula-tions
wliich might be inconpatible 4ilh tin*
freedom of the seas. This gOXerntaOnt i.-tS
yet received no communication sK'cilyinit
the manner in which the British g i>'rutiient
would propose to carry out their BUMOBtiouj
and I am inclined to believe, that jtio plan
which can be devised, will be free i'i4in £S«Vv
embarrassments. Still, I shall f>'n no '!.••
titled opinion on the subject, Onto 1 shall
have carefully and ill the best spirit MB "•
ined any proposals which they may think
proper to make. ;
I am truly sorry I cannot also inform von
that the complications between Gre>t Britain
and the United States, arising oui. of the
Clayton ai.d Bulwer treaty or April) Is•4,i
have been finally adjusted.
At tho commencement ot your las: session.
I had reason tohop6 that,ctnaudputfngthem-selves
from further unavailing diHcii:*ions,th««
ed. In my last annual message, I »l tiled that
overtures nad been made by the British p»v-ernment
for this purpose, in a friendly ppirit,
which I cordially reciprocated. Their pro-posal
was, to withdraw these qOBS I ns, lrom
direct negotiation between the two govern*
mento! but to accomplish the same object,
by a negotiation between the British govern-mentand
each of the Central American re-publics
whose territorial interests are imme-diately
involved. The settlement Ml to l*i
made in accordance with the gonesal tenor
of the interpretation placed upon the? Clayton
and Bulwer treaty by tho Unite* State-,
with certain modifications. As noootiatious
are still ponding upon this basis, .t would
not be proper for me now to QOmmunicato
their present condition. A final s. ttlctnetit
of these questions is greatly to be d aired, u*
this would wipe out the last maalninsj sob*
ject of dispute between the two countries
Onr relations with the great empire* « f
France and liussia, as well as wit i 'ill other
governments on the continent ol Buope, «»x-
• vpt that ofSpain, continue lo be ofjliic n.o-t
friendly character. 1
With Spain our relations remain In an tin-satisfactory
condition. In my inlssugi- off
December last, i|informedyoa thatjouv • H-voy
extraordinary and minister pl*nipot«'n>
tiary to .Madrid had asked for bis rwall ; «»"l
it was my purpose to send out a m
ter£tO that court, with special illHlrS
all questions pending between the
ernments, and with a dclcrminalioi
them speedily ami amicably adjust
were possible. This purpose has l»|
ertO defeated by causes which 1
enumerate.
The mission to Spain has bet n |nti u..t.-.l
to a distiguishetl citizen of Keiitm
will proceed to Madrid without tU
make another and a final attempt t|> obtain
justice from that government.
Sj.aniyh officials, under the direi
of the captain-general of Cuba, hav
our national flag, and, in repeated | tstaneea,
have from time to time inllii ted in
tho persons and property of our
These have given birth to unmoral
against the Spanish government, tl
ol' which have been ably disoswsi 1
V lii l.i--
liona mi
WO ?•••!-
to haw
I, If thai
Cll I.itll-eed
t.ot
cy, who
ay, and
control
iiisiilti-tl
isa MI
til •■!!•..
claim..
merit*
>r a —
domain1
hi-, we
t in any
■opt the
lalt
out ra
I j n M i' I
I our
rics of years, by oar successive d
representatives. Notwithstanding
have not arrived at a practical ivsi
single instance, unless wo may ■
Oase Of the Black Warrior under th
ministration; and that presented a
of such a character as would hav<
an immediate resort to war. A
tempts to obtain redress have bm
and defeated. Tho frequent and
ring changes in the Spanish minis -y, have
been employed as reasons for th ay. W
have been compelled to wait, r
again, until the now minister shall
time to investigate the justice of our
Even what have been dcnomiii;
Cuban claims," in which more tha
dred of our citizens arc directly
a.l-age
tied
t-ba
tiled
ill-recur.
am ami
jM bad
icnianiis
-d "the
a Joi li-ter,
r. d,
have furnished no exception. The e claims
were for the refunding of ditties m
acted from American vessels at dill rent Cl
tom-houses in Cuba, so long ago SI
1844. The principles upon which
are so manifestly equitable and jus
ter ii period of nearly ton years, in 851 ti.«-y
were recognised by the Spanish go
Proceedings were afterwards in-ii
certain their amount, and this w
fixed according to their own stater
ustlv ex-the
year
bey i«—t
. tlist af-erniitent.
led to a—
s nt.
finally
tfwttli
which we were satisfied; at the stiWi ot (MM
hundred and twenty-eight thousat l six hun-dred
and thirty-five dollars ami fifty-four
cents. Just at the moment, after •; delay «>f
fourteen years, when we had reason to ex-pect
that this sum would be repail witti in-terest,
we have received a proposal tfiering to
refund one-third of that amount, tbrty-two
thousand eight hundred and SOT sty-eight
dollars and forty-one cents,) hut W thout in-terest,
if WO would accept this ii
(action. The offer i.s, also, sccom
a declaration that this Indemnifies
founded on any reason of strict j
is made as a special favor.
Ono alledged cause for proerast uition in
the examination and adjustment of
arises from an obstacle which it is
the Spanish government u> remov
the captain-general of Cuba is inv
general despotic authority in the g4voTnmettt
id'that island, the power is with'old Jn-iii
him to examine and red
ted by officials nndet
of tin; United States. Instead f f malting,
complaints directly to him at Havana, w«
are obliged to present them throne onr min-ister
at Madrid. Those aro tin i reforvd
back to the captain-gonornl for iai irmation;
>i prelim-i
.. I-.
Spauiah
full satis-aniid
by
ion i- BQt
lev; b'lt
ur claims
ie dut\ of
| WliiM
Mod «ith
redress wronai eomatit*
r his control, tli citiCetM
ten. \t makisHf
and much time is thus consume
Inary investigations and eorrespanl
tween Madrid and < iuba, before th
government will consent to prot eifl to M«tf<
tiation. Many of the diffeultie*>
the two governments would be b
a long train of Degotaition a\ it
captain-general were invested with authority
to settle questions of easy solutii
spot, where all the facts are lie
l>0 pro
I let iv«-en
at. d. alii
d, if th-on
d
tho