Chapter IV: Part 4

I herewith transmit a report from the Secretary of the Navy, communicating the correspondence called for by the resolution of the Senate of the 25th of February, 1845, between the commander of the East India Squadrons and foreign powers or United States agents abroad during the years 1842 and 1843, relating to the trade and other interests of this Government.

JAMES K. POLK.

WASHINGTON, _February 18, 1846_.

_To the House of Representatives of the United States_:

In compliance with the request of the House of Representatives in their resolution of the 12th instant, asking for information relative to the Mexican indemnity, I communicate herewith a report from the Secretary of State, with the paper accompanying it.

JAMES K. POLK.

[A similar message was sent to the Senate in compliance with a request of that body.]

WASHINGTON, _March 23, 1846_.

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

I transmit, for your consideration, a correspondence between the minister of Her Britannic Majesty in Washington and the Secretary of State, containing an arrangement for the adjustment and payment of the claims of the respective Governments upon each other arising from the collection of certain import duties in violation of the second article of the commercial convention of 3d of July, 1815, between the two countries, and I respectfully submit to Congress the propriety of making provision to carry this arrangement into effect.

The second article of this convention provides that "no higher or other duties shall be imposed on the importation into the United States of any articles the growth, produce, or manufacture of His Britannic Majesty's territories in Europe, and no higher or other duties shall be imposed on the importation into the territories of His Britannic Majesty in Europe of any articles the growth, produce, or manufacture of the United States, than are or shall be payable on the like articles being the growth, produce, or manufacture of any other foreign country."

Previous to the act of Parliament of the 13th of August, 1836, the duty on foreign rough rice imported into Great Britain was 2s. 6d. sterling per bushel. By this act the duty was reduced to 1 penny per quarter (of 8 bushels) on the rough rice "imported from the west coast of Africa."

Upon the earnest and repeated remonstrances of our ministers at London in opposition to this discrimination against American and in favor of African rice, as a violation of the subsisting convention, Parliament, by the act of 9th July, 1842, again equalized the duty on all foreign rough rice by fixing it at 7s. per quarter., In the intervening period, however, of nearly six years large importations had been made into Great Britain of American rough rice, which was subjected to a duty of 2s. 6d. per bushel; but the importers, knowing their rights under the convention, claimed that it should be admitted at the rate of 1 penny per quarter, the duty imposed on African rice. This claim was resisted by the British Government, and the excess of duty was paid, at the first under protest, and afterwards, in consequence of an arrangement with the board of customs, by the deposit of exchequer bills.

It seems to have been a clear violation both of the letter and spirit of the convention to admit rough rice "the growth" of Africa at 1 penny per quarter, whilst the very same article "the growth" of the United States was charged with a duty of 2s. 6d. per bushel.

The claim of Great Britain, under the same article of the convention, is founded on the tariff act of 30th August, 1842. Its twenty-fifth section provides "that nothing in this act contained shall apply to goods shipped in a vessel bound to any port of the United States, actually having left her last port of lading eastward of the Cape of Good Hope or beyond Cape Horn prior to the 1st day of September, 1842; and all legal provisions and regulations existing immediately before the 30th day of June, 1842, shall be applied to importations which may be made in vessels which have left such last port of lading eastward of the Cape of Good Hope or beyond Cape Horn prior to said 1st day of September, 1842."

The British Government contends that it was a violation of the second article of the convention for this act to require that "articles the growth, produce, or manufacture" of Great Britain, when imported into the United States in vessels which had left their last port of lading in Great Britain prior to the 1st day of September, 1842, should pay any "higher or other duties" than were imposed on "like articles" "the growth, produce, or manufacture" of countries beyond the Cape of Good Hope and Cape Horn.

Upon a careful consideration of the subject I arrived at the conclusion that this claim on the part of the British Government was well founded. I deem it unnecessary to state my reasons at length for adopting this opinion, the whole subject being fully explained in the letter of the Secretary of the Treasury and the accompanying papers.

The amount necessary to satisfy the British claim can not at present be ascertained with any degree of accuracy, no individual having yet presented his case to the Government of the United States. It is not apprehended that the amount will be large. After such examination of the subject as it has been in his power to make, the Secretary of the Treasury believes that it will not exceed $100,000.

On the other hand, the claims of the importers of rough rice into Great Britain have been already ascertained, as the duties were paid either under protest or in exchequer bills. Their amount is stated by Mr. Everett, our late minister at London, in a dispatch dated June 1, 1843, to be £88,886 16s. 10d. sterling, of which £60,006 4d. belong to citizens of the United States.

As it may be long before the amount of the British claim can be ascertained, and it would be unreasonable to postpone payment to the American claimants until this can be adjusted, it has been proposed to the British Government immediately to refund the excess of duties collected by it on American rough rice. I should entertain a confident hope that this proposal would be accepted should the arrangement concluded be sanctioned by an act of Congress making provision for the return of the duties in question. The claimants might then be paid as they present their demands, properly authenticated, to the Secretary of the Treasury.

JAMES K. POLK.

WASHINGTON, _March 24, 1846_.

_To the Senate of the United States_:

In answer to the inquiry of the Senate contained in their resolution of the 17th instant, whether in my "judgment any circumstances connected with or growing out of the foreign relations of this country require at this time an increase of our naval or military force," and, if so, "what those circumstances are," I have to express the opinion that a wise precaution demands such increase.

In my annual message of the 2d of December last I recommended to the favorable consideration of Congress an increase of our naval force, especially of our steam navy, and the raising of an adequate military force to guard and protect such of our citizens as might think proper to emigrate to Oregon. Since that period I have seen no cause to recall or modify these recommendations. On the contrary, reasons exist which, in my judgment, render it proper not only that they should be promptly carried into effect, but that additional provision should be made for the public defense.

The consideration of such additional provision was brought before appropriate committees of the two Houses of Congress, in answer to calls made by them, in reports prepared, with my sanction, by the Secretary of War and the Secretary of the Navy on the 29th of December and the 8th of January last--a mode of communication with Congress not unusual, and under existing circumstances believed to be most eligible. Subsequent events have confirmed me in the opinion that these recommendations were proper as precautionary measures.

It was a wise maxim of the Father of his Country that "to be prepared for war is one of the most efficient means of preserving peace," and that, "avoiding occasions of expense by cultivating peace," we should "remember also that timely disbursements to prepare for danger frequently prevent much greater disbursements to repel it." The general obligation to perform this duty is greatly strengthened by facts known to the whole world. A controversy respecting the Oregon Territory now exists between the United States and Great Britain, and while, as far as we know, the relations of the latter with all European nations are of the most pacific character, she is making unusual and extraordinary armaments and warlike preparations, naval and military, both at home and in her North American possessions.

It can not be disguised that, however sincere may be the desire of peace, in the event of a rupture these armaments and preparations would be used against our country. Whatever may have been the original purpose of these preparations, the fact is undoubted that they are now proceeding, in part at least, with a view to the contingent possibility of a war with the United States. The general policy of making additional warlike preparations was distinctly announced in the speech from the throne as late as January last, and has since been reiterated by the ministers of the Crown in both houses of Parliament. Under this aspect of our relations with Great Britain, I can not doubt the propriety of increasing our means of defense both by land and sea. This can give Great Britain no cause of offense nor increase the danger of a rupture. If, on the contrary, we should fold our arms in security and at last be suddenly involved in hostilities for the maintenance of our just rights without any adequate preparation, our responsibility to the country would be of the gravest character. Should collision between the two countries be avoided, as I sincerely trust it may be, the additional charge upon the Treasury in making the necessary preparations will not be lost, while in the event of such a collision they would be indispensable for the maintenance of our national rights and national honor.

I have seen no reason to change or modify the recommendations of my annual message in regard to the Oregon question. The notice to abrogate the treaty of the 6th of August, 1827, is authorized by the treaty itself and can not be regarded as a warlike measure, and I can not withhold my strong conviction that it should be promptly given. The other recommendations are in conformity with the existing treaty, and would afford to American citizens in Oregon no more than the same measure of protection which has long since been extended to British subjects in that Territory.

The state of our relations with Mexico is still in an unsettled condition. Since the meeting of Congress another revolution has taken place in that country, by which the Government has passed into the hands of new rulers. This event has procrastinated, and may possibly defeat, the settlement of the differences between the United States and that country. The minister of the United States to Mexico at the date of the last advices had not been received by the existing authorities. Demonstrations of a character hostile to the United States continue to be made in Mexico, which has rendered it proper, in my judgment, to keep nearly two-thirds of our Army on our southwestern frontier. In doing this many of the regular military posts have been reduced to a small force inadequate to their defense should an emergency arise.

In view of these "circumstances," it is my "judgment" that "an increase of our naval and military force is at this time required" to place the country in a suitable state of defense. At the same time, it is my settled purpose to pursue such a course of policy as may be best calculated to preserve both with Great Britain and Mexico an honorable peace, which nothing will so effectually promote as unanimity in our councils and a firm maintenance of all our just rights.

JAMES K. POLK.

WASHINGTON, _April 1, 1846_.

_To the House of Representatives of the United States_:

I transmit herewith a letter received from the governor of the State of Ohio in answer to a communication addressed to him in compliance with a resolution of the House of Representatives of January 30, 1846, "requesting the President of the United States to apply to the governor of the State of Ohio for information in regard to the present condition of the Columbus and Sandusky turnpike road; whether the said road is kept in such a state of repair as will enable the Federal Government to realize in case of need the advantages contemplated by the act of Congress approved March 3, 1827."

JAMES K. POLK.

WASHINGTON, _April 1, 1846_.

_To the Senate of the United States_:

In compliance with the request of a delegation of the Tonawanda band of the Seneca Indians now in this city, I herewith transmit, for your consideration, a memorial addressed to the President and the Senate in relation to the treaty of January 15, 1838, with the "Six Nations of New York Indians," and that of May 20, 1842, with the "Seneca Nation of Indians'"

JAMES K. POLK.

WASHINGTON, _April 3, 1846_.

_To the Senate of the United States_:

I transmit herewith a report from the Acting Secretary of State, with accompanying papers, in answer to the resolution of the Senate of the 23d ultimo, requesting the President to communicate to that body, "if not incompatible with public interests, any correspondence which took place between the Government of the United States and that of Great Britain on the subject of the northeastern boundary between the 20th of June, 1840, and the 4th of March, 1841."

JAMES K. POLK.

WASHINGTON, _April 13, 1846_.

_To the Senate of the United States_:

In answer to the resolution of the Senate of the 11th instant, calling for "copies of any correspondence that may have taken place between the authorities of the United States and those of Great Britain since the last documents transmitted to Congress in relation to the subject of the Oregon Territory, or so much thereof as may be communicated without detriment to the public interest," I have to state that no correspondence in relation to the Oregon Territory has taken place between the authorities of the United States and those of Great Britain since the date of the last documents on the subject transmitted by me to Congress.

JAMES K. POLK.

WASHINGTON, _April 13, 1846_.

_To the Senate and House of Representatives_:

In my annual message of the 2d of December last it was stated that serious difficulties of long standing continued to distract the several parties into which the Cherokee tribe of Indians is unhappily divided; that all the efforts of the Government to adjust these difficulties had proved to be unsuccessful, and would probably remain so without the aid of further legislation by Congress. Subsequent events have confirmed this opinion.

I communicate herewith, for the information of Congress, a report of the Secretary of War, transmitting a report of the Commissioner of Indian Affairs, with accompanying documents, together with memorials which have been received from the several bands or parties of the Cherokees themselves. It will be perceived that internal feuds still exist which call for the prompt intervention of the Government of the United States.

Since the meeting of Congress several unprovoked murders have been committed by the stronger upon the weaker party of the tribe, which will probably remain unpunished by the Indian authorities; and there is reason to apprehend that similar outrages will continue to be perpetrated unless restrained by the authorities of the United States.

Many of the weaker party have been compelled to seek refuge beyond the limits of the Indian country and within the State of Arkansas, and are destitute of the means for their daily subsistence. The military forces of the United States stationed on the western frontier have been active in their exertions to suppress these outrages and to execute the treaty of 1835, by which it is stipulated that "the United States agree to protect the Cherokee Nation from domestic strife and foreign enemies, and against intestine wars between the several tribes."

These exertions of the Army have proved to a great extent unavailing, for the reasons stated in the accompanying documents, including communications from the officer commanding at Fort Gibson.

I submit, for the consideration of Congress, the propriety of making such amendments of the laws regulating intercourse with the Indian tribes as will subject to trial and punishment in the courts of the United States all Indians guilty of murder and such other felonies as may be designated, when committed on other Indians within the jurisdiction of the United States.

Such a modification of the existing laws is suggested because if offenders against the laws of humanity in the Indian country are left to be punished by Indian laws they will generally, if not always, be permitted to escape with impunity. This has been the case in repeated instances among the Cherokees. For years unprovoked murders have been committed, and yet no effort has been made to bring the offenders to punishment. Should this state of things continue, it is not difficult to foresee that the weaker party will be finally destroyed. As the guardian of the Indian tribes, the Government of the United States is bound by every consideration of duty and humanity to interpose to prevent such a disaster.

From the examination which I have made into the actual state of things in the Cherokee Nation I am satisfied that there is no probability that the different bands or parties into which it is divided can ever again live together in peace and harmony, and that the well-being of the whole requires that they should be separated and live under separate governments as distinct tribes.

That portion who emigrated to the west of the Mississippi prior to the year 1819, commonly called the "Old Settlers," and that portion who made the treaty of 1835, known as the "treaty party," it is believed would willingly unite, and could live together in harmony. The number of these, as nearly as can be estimated, is about one-third of the tribe. The whole number of all the bands or parties does not probably exceed 20,000. The country which they occupy embraces 7,000,000 acres of land, with the privilege of an outlet to the western limits of the United States. This country is susceptible of division, and is large enough for all.

I submit to Congress the propriety of either dividing the country which they at present occupy or of providing by law a new home for the one or the other of the bands or parties now in hostile array against each other, as the most effectual, if not the only, means of preserving the weaker party from massacre and total extermination. Should Congress favor the division of the country as suggested, and the separation of the Cherokees into two distinct tribes, justice will require that the annuities and funds belonging to the whole, now held in trust for them by the United States, should be equitably distributed among the parties, according to their respective claims and numbers.

There is still a small number of the Cherokee tribe remaining within the State of North Carolina, who, according to the stipulations of the treaty of 1835, should have emigrated with their brethren to the west of the Mississippi. It is desirable that they should be removed, and in the event of a division of the country in the West, or of a new home being provided for a portion of the tribe, that they be permitted to join either party, as they may prefer, and be incorporated with them.

I submit the whole subject to Congress, that such legislative measures may be adopted as will be just to all the parties or bands of the tribe. Such measures, I am satisfied, are the only means of arresting the horrid and inhuman massacres which have marked the history of the Cherokees for the last few years, and especially for the last few months.

The Cherokees have been regarded as among the most enlightened of the Indian tribes, but experience has proved that they have not yet advanced to such a state of civilization as to dispense with the guardian care and control of the Government of the United States.

JAMES K. POLK.

WASHINGTON, _April 14, 1846_.

_To the Senate and House of Representatives_:

In compliance with the act of the 3d of March, 1845, I communicate herewith to Congress a report of the Secretaries of War and the Navy on the subject of a fireproof building for the War and Navy Departments, together with documents explaining the plans to which it refers and containing an estimate of the cost of erecting the buildings proposed.

Congress having made no appropriation for the employment of an architect to prepare and submit the necessary plans, none was appointed. Several skillful architects were invited to submit plans and estimates, and from those that were voluntarily furnished a selection has been made of such as would furnish the requisite building for the accommodation of the War and Navy Departments at the least expense.

All the plans and estimates which have been received are herewith communicated, for the information of Congress.

JAMES K. POLK.

WASHINGTON, _April 20, 1846_.

_To the House of Representatives_:

I have considered the resolution of the House of Representatives of the 9th instant, by which I am requested "to cause to be furnished to that House an account of all payments made on President's certificates from the fund appropriated by law, through the agency of the State Department, for the contingent expenses of foreign intercourse from the 4th of March, 1841, until the retirement of Daniel Webster from the Department of State, with copies of all entries, receipts, letters, vouchers, memorandums, or other evidence of such payments, to whom paid, for what, and particularly all concerning the northeastern-boundary dispute with Great Britain."

With an anxious desire to furnish to the House any information requested by that body which may be in the Executive Departments, I have felt bound by a sense of public duty to inquire how far I could with propriety, or consistently with the existing laws, respond to their call.

The usual annual appropriation "for the contingent expenses of intercourse between the United States and foreign nations" has been disbursed since the date of the act of May 1, 1810, in pursuance of its provisions. By the third section of that act it is provided--

That when any sum or sums of money shall be drawn from the Treasury
under any law making appropriation for the contingent expenses of
intercourse between the United States and foreign nations the President
shall be, and he is hereby, authorized to cause the same to be duly
settled annually with the accounting officers of the Treasury in the
manner following; that is to say, by causing the same to be accounted
for specially in all instances wherein the expenditure thereof may in
his judgment be made public, and by making a certificate of the amount
of such expenditures as he may think it advisable not to specify; and
every such certificate shall be deemed a sufficient voucher for the sum
or sums therein expressed to have been expended.

Two distinct classes of expenditure are authorized by this law--the one of a public and the other of a private and confidential character. The President in office at the time of the expenditure is made by the law the sole judge whether it shall be public or private. Such sums are to be "accounted for specially in all instances wherein the expenditure thereof may in his judgment be made public." All expenditures "accounted for specially" are settled at the Treasury upon vouchers, and not on "President's certificates," and, like all other public accounts, are subject to be called for by Congress, and are open to public examination. Had information as respects this class of expenditures been called for by the resolution of the House, it would have been promptly communicated.

Congress, foreseeing that it might become necessary and proper to apply portions of this fund for objects the original accounts and vouchers for which could not be "made public" without injury to the public interests, authorized the President, instead of such accounts and vouchers, to make a certificate of the amount "of such expenditures as he may think it advisable not to specify," and have provided that "every such certificate shall be deemed a sufficient voucher for the sum or sums therein expressed to have been expended."

The law making these provisions is in full force. It is binding upon all the departments of the Government, and especially upon the Executive, whose duty it is "to take care that the laws be faithfully executed." In the exercise of the discretion lodged by it in the Executive several of my predecessors have made "certificates" of the amount "of such expenditures as they have thought it advisable not to specify," and upon these certificates as the only vouchers settlements have been made at the Treasury.

It appears that within the period specified in the resolution of the House certificates were given by my immediate predecessor, upon which settlements have been made at the Treasury, amounting to $5,460. He has solemnly determined that the objects and items of these expenditures should not be made public, and has given his certificates to that effect, which are placed upon the records of the country. Under the direct authority of an existing law, he has exercised the power of placing these expenditures under the seal of confidence, and the whole matter was terminated before I came into office. An important question arises, whether a subsequent President, either voluntarily or at the request of one branch of Congress, can without a violation of the spirit of the law revise the acts of his predecessor and expose to public view that which he had determined should not be "made public." If not a matter of strict duty, it would certainly be a safe general rule that this should not be done. Indeed, it may well happen, and probably would happen, that the President for the time being would not be in possession of the information upon which his predecessor acted, and could not, therefore, have the means of judging whether he had exercised his discretion wisely or not. The law requires no other voucher but the President's certificate, and there is nothing in its provisions which requires any "entries, receipts, letters, vouchers, memorandums, or other evidence of such payments" to be preserved in the executive department. The President who makes the "certificate" may, if he chooses, keep all the information and evidence upon which he acts in his own possession. If, for the information of his successors, he shall leave the evidence on which he acts and the items of the expenditures which make up the sum for which he has given his "certificate" on the confidential files of one of the Executive Departments, they do not in any proper sense become thereby public records. They are never seen or examined by the accounting officers of the Treasury when they settle an account on the "President's certificate." The First Congress of the United States on the 1st of July, 1790, passed an act "providing the means of intercourse between the United States and foreign nations," by which a similar provision to that which now exists was made for the settlement of such expenditures as in the judgment of the President ought not to be made public. This act was limited in its duration. It was continued for a limited term in 1793, and between that time and the date of the act of May 1, 1810, which is now in force, the same provision was revived and continued. Expenditures were made and settled under Presidential certificates in pursuance of these laws.

If the President may answer the present call, he must answer similar calls for every such expenditure of a confidential character, made under every Administration, in war and in peace, from the organization of the Government to the present period. To break the seal of confidence imposed by the law, and heretofore uniformly preserved, would be subversive of the very purpose for which the law was enacted, and might be productive of the most disastrous consequences. The expenditures of this confidential character, it is believed, were never before sought to be made public, and I should greatly apprehend the consequences of establishing a precedent which would render such disclosures hereafter inevitable.

I am fully aware of the strong and correct public feeling which exists throughout the country against secrecy of any kind in the administration of the Government, and especially in reference to public expenditures; yet our foreign negotiations are wisely and properly confined to the knowledge of the Executive during their pendency. Our laws require the accounts of every particular expenditure to be rendered and publicly settled at the Treasury Department. The single exception which exists is not that the amounts embraced under President's certificates shall be withheld from the public, but merely that the items of which these are composed shall not be divulged. To this extent, and no further, is secrecy observed.

The laudable vigilance of the people in regard to all the expenditures of the Government, as well as a sense of duty on the part of the President and a desire to retain the good opinion of his fellow-citizens, will prevent any sum expended from being accounted for by the President's certificate unless in cases of urgent necessity. Such certificates have therefore been resorted to but seldom throughout our past history.

For my own part, I have not caused any account whatever to be settled on a Presidential certificate. I have had no occasion rendering it necessary in my judgment to make such a certificate, and it would be an extreme case which would ever induce me to exercise this authority; yet if such a case should arise it would be my duty to assume the responsibility devolved on me by the law.

During my Administration all expenditures for contingent expenses of foreign intercourse in which the accounts have been closed have been settled upon regular vouchers, as all other public accounts are settled at the Treasury.

It may be alleged that the power of impeachment belongs to the House of Representatives, and that, with a view to the exercise of this power, that House has the right to investigate the conduct of all public officers under the Government. This is cheerfully admitted. In such a case the safety of the Republic would be the supreme law, and the power of the House in the pursuit of this object would penetrate into the most secret recesses of the Executive Departments. It could command the attendance of any and every agent of the Government, and compel them to produce all papers, public or private, official or unofficial, and to testify on oath to all facts within their knowledge. But even in a case of that kind they would adopt all wise precautions to prevent the exposure of all such matters the publication of which might injuriously affect the public interest, except so far as this might be necessary to accomplish the great ends of public justice. If the House of Representatives, as the grand inquest of the nation, should at any time have reason to believe that there has been malversation in office by an improper use or application of the public money by a public officer, and should think proper to institute an inquiry into the matter, all the archives and papers of the Executive Departments, public or private, would be subject to the inspection and control of a committee of their body and every facility in the power of the Executive be afforded to enable them to prosecute the investigation.

The experience of every nation on earth has demonstrated that emergencies may arise in which it becomes absolutely necessary for the public safety or the public good to make expenditures the very object of which would be defeated by publicity. Some governments have very large amounts at their disposal, and have made vastly greater expenditures than the small amounts which have from time to time been accounted for on President's certificates. In no nation is the application of such sums ever made public. In time of war or impending danger the situation of the country may make it necessary to employ individuals for the purpose of obtaining information or rendering other important services who could never be prevailed upon to act if they entertained the least apprehension that their names or their agency would in any contingency be divulged. So it may often become necessary to incur an expenditure for an object highly useful to the country; for example, the conclusion of a treaty with a barbarian power whose customs require on such occasions the use of presents. But this object might be altogether defeated by the intrigues of other powers if our purposes were to be made known by the exhibition of the original papers and vouchers to the accounting officers of the Treasury. It would be easy to specify other cases which may occur in the history of a great nation, in its intercourse with other nations, wherein it might become absolutely necessary to incur expenditures for objects which could never be accomplished if it were suspected in advance that the items of expenditure and the agencies employed would be made public.

Actuated undoubtedly by considerations of this kind, Congress provided such a fund, coeval with the organization of the Government, and subsequently enacted the law of 1810 as the permanent law of the land. While this law exists in full force I feel bound by a high sense of public policy and duty to observe its provisions and the uniform practice of my predecessors under it.

With great respect for the House of Representatives and an anxious desire to conform to their wishes, I am constrained to come to this conclusion.

If Congress disapprove the policy of the law, they may repeal its provisions.

In reply to that portion of the resolution of the House which calls for "copies of whatever communications were made from the Secretary of State during the last session of the Twenty-seventh Congress, particularly February, 1843, to Mr. Cushing and Mr. Adams, members of the Committee of this House on Foreign Affairs, of the wish of the President of the United States to institute a special mission to Great Britain," I have to state that no such communications or copies of them are found in the Department of State.

"Copies of all letters on the books of the Department of State to any officer of the United States or any person in New York concerning Alexander McLeod," which are also called for by the resolution, are herewith communicated.

JAMES K. POLK.

WASHINGTON, _April 20, 1846_.

_To the Senate of the United States_:

I herewith transmit to the Senate, in answer to their resolution of the 8th instant, a report from the Secretary of State, with accompanying papers, containing the information and correspondence referred to in that resolution, relative to the search of American vessels by British cruisers subsequent to the date of the treaty of Washington.

JAMES K. POLK.

WASHINGTON, _April 27, 1846_.

_To the Senate of the United States_:

I transmit herewith the information called for by a resolution of the Senate of the 3d December last, relating to "claims arising under the fourteenth article of the treaty of Dancing Rabbit Creek" with the Choctaw tribe of Indians, concluded in September, 1830.

JAMES K. POLK.

WASHINGTON, _April 27, 1846_.

_To the House of Representatives_:

I transmit herewith a report of the Secretary of War and accompanying papers, containing the information called for by the resolution of the House of Representatives of December 19, 1845, relating to certain claims of the Chickasaw tribe of Indians.

JAMES K. POLK.

WASHINGTON, _April 27, 1846_.

_To the House of Representatives_:

I transmit herewith a report and accompanying papers from the Secretary of War, in reply to the resolution of the House of Representatives of the 31st of December last, in relation to claims arising under the Choctaw treaty of 1830 which have been presented to and allowed or rejected by commissioners appointed in pursuance of the acts of 3d of March, 1837, and 23d of August, 1842.

JAMES K. POLK.

WASHINGTON, _May 6, 1846_.

_To the House of Representatives_:

I transmit herewith reports from the Secretary of War and the Secretary of the Treasury, with additional papers, relative to the claims of certain Chickasaw Indians, which, with those heretofore communicated to Congress, contain all the information called for by the resolution of the House of Representatives of the 19th of December last.

JAMES K. POLK.

WASHINGTON, _May 6, 1846_.

_To the House of Representatives_:

I transmit herewith a report from the Secretary of State, with accompanying papers, in answer to a resolution of the House of Representatives of the 8th ultimo, requesting the President to communicate to that body, "if not incompatible with the public interest, copies of the correspondence of George William Gordon, late consul of the United States at Rio de Janeiro, with the Department of State, relating to the slave trade in vessels and by citizens of the United States between the coast of Africa and Brazil."

JAMES K. POLK.

WASHINGTON, _May 6, 1846_.

_To the House of Representatives_:

I transmit herewith a report of the Secretary of War, in answer to the resolution of the House of Representatives of the 4th instant, calling for information "whether any soldier or soldiers of the Army of the United States have been shot for desertion, or in the act of deserting, and, if so, by whose order and under what authority."

JAMES K. POLK.

WASHINGTON, _May 11, 1846_.

_To the Senate and House of Representatives_:

The existing state of the relations between the United States and Mexico renders it proper that I should bring the subject to the consideration of Congress. In my message at the commencement of your present session the state of these relations, the causes which led to the suspension of diplomatic intercourse between the two countries in March, 1845, and the long-continued and unredressed wrongs and injuries committed by the Mexican Government on citizens of the United States in their persons and property were briefly set forth.

As the facts and opinions which were then laid before you were carefully considered, I can not better express my present convictions of the condition of affairs up to that time than by referring you to that communication.

The strong desire to establish peace with Mexico on liberal and honorable terms, and the readiness of this Government to regulate and adjust our boundary and other causes of difference with that power on such fair and equitable principles as would lead to permanent relations of the most friendly nature, induced me in September last to seek the reopening of diplomatic relations between the two countries. Every measure adopted on our part had for its object the furtherance of these desired results. In communicating to Congress a succinct statement of the injuries which we had suffered from Mexico, and which have been accumulating during a period of more than twenty years, every expression that could tend to inflame the people of Mexico or defeat or delay a pacific result was carefully avoided. An envoy of the United States repaired to Mexico with full powers to adjust every existing difference. But though present on the Mexican soil by agreement between the two Governments, invested with full powers, and bearing evidence of the most friendly dispositions, his mission has been unavailing. The Mexican Government not only refused to receive him or listen to his propositions, but after a long-continued series of menaces have at last invaded our territory and shed the blood of our fellow-citizens on our own soil.

It now becomes my duty to state more in detail the origin, progress, and failure of that mission. In pursuance of the instructions given in September last, an inquiry was made on the 13th of October, 1845, in the most friendly terms, through our consul in Mexico, of the minister for foreign affairs, whether the Mexican Government "would receive an envoy from the United States intrusted with full powers to adjust all the questions in dispute between the two Governments," with the assurance that "should the answer be in the affirmative such an envoy would be immediately dispatched to Mexico." The Mexican minister on the 15th of October gave an affirmative answer to this inquiry, requesting at the same time that our naval force at Vera Cruz might be withdrawn, lest its continued presence might assume the appearance of menace and coercion pending the negotiations. This force was immediately withdrawn. On the 10th of November, 1845, Mr. John Slidell, of Louisiana, was commissioned by me as envoy extraordinary and minister plenipotentiary of the United States to Mexico, and was intrusted with full powers to adjust both the questions of the Texas boundary and of indemnification to our citizens. The redress of the wrongs of our citizens naturally and inseparably blended itself with the question of boundary. The settlement of the one question in any correct view of the subject involves that of the other. I could not for a moment entertain the idea that the claims of our much-injured and long-suffering citizens, many of which had existed for more than twenty years, should be postponed or separated from the settlement of the boundary question.

Mr. Slidell arrived at Vera Cruz on the 30th of November, and was courteously received by the authorities of that city. But the Government of General Herrera was then tottering to its fall. The revolutionary party had seized upon the Texas question to effect or hasten its overthrow. Its determination to restore friendly relations with the United States, and to receive our minister to negotiate for the settlement of this question, was violently assailed, and was made the great theme of denunciation against it. The Government of General Herrera, there is good reason to believe, was sincerely desirous to receive our minister; but it yielded to the storm raised by its enemies, and on the 21st of December refused to accredit Mr. Slidell upon the most frivolous pretexts. These are so fully and ably exposed in the note of Mr. Slidell of the 24th of December last to the Mexican minister of foreign relations, herewith transmitted, that I deem it unnecessary to enter into further detail on this portion of the subject.

Five days after the date of Mr. Slidell's note General Herrera yielded the Government to General Paredes without a struggle, and on the 30th of December resigned the Presidency. This revolution was accomplished solely by the army, the people having taken little part in the contest; and thus the supreme power in Mexico passed into the hands of a military leader.

Determined to leave no effort untried to effect an amicable adjustment with Mexico, I directed Mr. Slidell to present his credentials to the Government of General Paredes and ask to be officially received by him. There would have been less ground for taking this step had General Paredes come into power by a regular constitutional succession. In that event his administration would have been considered but a mere constitutional continuance of the Government of General Herrera, and the refusal of the latter to receive our minister would have been deemed conclusive unless an intimation had been given by General Paredes of his desire to reverse the decision of his predecessor. But the Government of General Paredes owes its existence to a military revolution, by which the subsisting constitutional authorities had been subverted. The form of government was entirely changed, as well as all the high functionaries by whom it was administered.

Under these circumstances, Mr. Slidell, in obedience to my direction, addressed a note to the Mexican minister of foreign relations, under date of the 1st of March last, asking to be received by that Government in the diplomatic character to which he had been appointed. This minister in his reply, under date of the 12th of March, reiterated the arguments of his predecessor, and in terms that may be considered as giving just grounds of offense to the Government and people of the United States denied the application of Mr. Slidell. Nothing therefore remained for our envoy but to demand his passports and return to his own country.

Thus the Government of Mexico, though solemnly pledged by official acts in October last to receive and accredit an American envoy, violated their plighted faith and refused the offer of a peaceful adjustment of our difficulties. Not only was the offer rejected, but the indignity of its rejection was enhanced by the manifest breach of faith in refusing to admit the envoy who came because they had bound themselves to receive him. Nor can it be said that the offer was fruitless from the want of opportunity of discussing it; our envoy was present on their own soil. Nor can it be ascribed to a want of sufficient powers; our envoy had full powers to adjust every question of difference. Nor was there room for complaint that our propositions for settlement were unreasonable; permission was not even given our envoy to make any proposition whatever. Nor can it be objected that we, on our part, would not listen to any reasonable terms of their suggestion; the Mexican Government refused all negotiation, and have made no proposition of any kind.

In my message at the commencement of the present session I informed you that upon the earnest appeal both of the Congress and convention of Texas I had ordered an efficient military force to take a position "between the Nueces and the Del Norte." This had become necessary to meet a threatened invasion of Texas by the Mexican forces, for which extensive military preparations had been made. The invasion was threatened solely because Texas had determined, in accordance with a solemn resolution of the Congress of the United States, to annex herself to our Union, and under these circumstances it was plainly our duty to extend our protection over her citizens and soil.

This force was concentrated at Corpus Christi, and remained there until after I had received such information from Mexico as rendered it probable, if not certain, that the Mexican Government would refuse to receive our envoy.

Meantime Texas, by the final action of our Congress, had become an integral part of our Union. The Congress of Texas, by its act of December 19, 1836, had declared the Rio del Norte to be the boundary of that Republic. Its jurisdiction had been extended and exercised beyond the Nueces. The country between that river and the Del Norte had been represented in the Congress and in the convention of Texas, had thus taken part in the act of annexation itself, and is now included within one of our Congressional districts. Our own Congress had, moreover, with great unanimity, by the act approved December 31, 1845, recognized the country beyond the Nueces as a part of our territory by including it within our own revenue system, and a revenue officer to reside within that district has been appointed by and with the advice and consent of the Senate. It became, therefore, of urgent necessity to provide for the defense of that portion of our country. Accordingly, on the 13th of January last instructions were issued to the general in command of these troops to occupy the left bank of the Del Norte. This river, which is the southwestern boundary of the State of Texas, is an exposed frontier. From this quarter invasion was threatened; upon it and in its immediate vicinity, in the judgment of high military experience, are the proper stations for the protecting forces of the Government. In addition to this important consideration, several others occurred to induce this movement. Among these are the facilities afforded by the ports at Brazos Santiago and the mouth of the Del Norte for the reception of supplies by sea, the stronger and more healthful military positions, the convenience for obtaining a ready and a more abundant supply of provisions, water, fuel, and forage, and the advantages which are afforded by the Del Norte in forwarding supplies to such posts as may be established in the interior and upon the Indian frontier.

The movement of the troops to the Del Norte was made by the commanding general under positive instructions to abstain from all aggressive acts toward Mexico or Mexican citizens and to regard the relations between that Republic and the United States as peaceful unless she should declare war or commit acts of hostility indicative of a state of war. He was specially directed to protect private property and respect personal rights.

The Army moved from Corpus Christi on the 11th of March, and on the 28th of that month arrived on the left bank of the Del Norte opposite to Matamoras, where it encamped on a commanding position, which has since been strengthened by the erection of fieldworks. A depot has also been established at Point Isabel, near the Brazos Santiago, 30 miles in rear of the encampment. The selection of his position was necessarily confided to the judgment of the general in command.

The Mexican forces at Matamoras assumed a belligerent attitude, and on the 12th of April General Ampudia, then in command, notified General Taylor to break up his camp within twenty-four hours and to retire beyond the Nueces River, and in the event of his failure to comply with these demands announced that arms, and arms alone, must decide the question. But no open act of hostility was committed until the 24th of April. On that day General Arista, who had succeeded to the command of the Mexican forces, communicated to General Taylor that "he considered hostilities commenced and should prosecute them." A party of dragoons of 63 men and officers were on the same day dispatched from the American camp up the Rio del Norte, on its left bank, to ascertain whether the Mexican troops had crossed or were preparing to cross the river, "became engaged with a large body of these troops, and after a short affair, in which some 16 were killed and wounded, appear to have been surrounded and compelled to surrender."

The grievous wrongs perpetrated by Mexico upon our citizens throughout a long period of years remain unredressed, and solemn treaties pledging her public faith for this redress have been disregarded. A government either unable or unwilling to enforce the execution of such treaties fails to perform one of its plainest duties.

Our commerce with Mexico has been almost annihilated. It was formerly highly beneficial to both nations, but our merchants have been deterred from prosecuting it by the system of outrage and extortion which the Mexican authorities have pursued against them, whilst their appeals through their own Government for indemnity have been made in vain. Our forbearance has gone to such an extreme as to be mistaken in its character. Had we acted with vigor in repelling the insults and redressing the injuries inflicted by Mexico at the commencement, we should doubtless have escaped all the difficulties in which we are now involved.

Instead of this, however, we have been exerting our best efforts to propitiate her good will. Upon the pretext that Texas, a nation as independent as herself, thought proper to unite its destinies with our own, she has affected to believe that we have severed her rightful territory, and in official proclamations and manifestoes has repeatedly threatened to make war upon us for the purpose of reconquering Texas. In the meantime we have tried every effort at reconciliation. The cup of forbearance had been exhausted even before the recent information from the frontier of the Del Norte. But now, after reiterated menaces, Mexico has passed the boundary of the United States, has invaded our territory and shed American blood upon the American soil. She has proclaimed that hostilities have commenced, and that the two nations are now at war.

As war exists, and, notwithstanding all our efforts to avoid it, exists by the act of Mexico herself, we are called upon by every consideration of duty and patriotism to vindicate with decision the honor, the rights, and the interests of our country.