of the United States to deliver to the Senate a message in writing.

[For the Message, see House proceedings.] On motion of Mr. PEARCE, it was

Ordered, That the President's Message and accompanying documents be printed, and that ten thousand copies thereof, in addition to the usual number, be furnished for the use of the Senate.

Mr. ABERCROMBIE said that he had voted yesterday in the election for Speaker, but found that his name was not recorded. He had voted for Mr. BAYLY, of Virginia. He moved that the Journal be so corrected.

There being no objection, the Journal was corrected accordingly.

Mr. WELCH said that there was an error in RECEPTION AND ENTERTAINMENT OF KOS-recording his vote. He was recorded as having voted for Mr. STEVENS, of Pennsylvania. He had voted for Mr. CHANDLER. He hoped the Journal would be so corrected.

SUTH.

Mr. FOOTE, of Mississippi, in pursuance of previous notice, asked and obtained leave to introduce a joint resolution to provide for the reception and entertainment of Louis Kossuth, Governor of Hungary, in the United States.

It was read a first time, and ordered to a second reading.

There being no objection, the Journal was corrected accordingly.

Mr. DURKEE said that he was recorded on the Journal as having voted for Mr. FORNEY for Clerk. He was not present, and did not vote. He moved that the Journal be so corrected; which motion was agreed to.

Mr. HAWS said that he had been informed by the Clerk that his name was not recorded among the votes for Speaker. He had voted for Mr. STANLY, and hoped the Journal would be corrected in that particular.

There being no objection, it was so ordered.

NOTICE OF BILLS.

Mr. COBB said: I desire to give notice of certain bills which I intend to introduce.

Mr. RICHARDSON. I rise to a question of order. I desire to know of the Speaker, if the

Mr. FOOTE. I wish to ask the unanimous consent of the Senate to allow this resolution to be considered at this time. The terms of the resolution are exceedingly guarded, and can do no harm any way. Unless it is adopted immediately, I fear it can do no good. The action of the other House will be requisite, and I learn that the distinguished gentleman referred to in the resolution may be expected to arrive in New York this evening. If a joint committee is to be raised at all, it should be raised in time to deliberate on the form of reception. I hope that no obstacle will be thrown in the way of the early passage of the resolution. This measure is not brought for-resolution offered yesterday by the gentleman from ward by me alone: it is the result of much consultation with many persons on both sides of the Chamber. It is introduced, as I said yesterday, somewhat at the instance of the Secretary of State and other members of the Administration, who supposed it important that some resolution should be adopted on the part of the Senate and House of Representatives. In this matter I am the organ of those who, I suppose, entertain the common American feeling in reference to that distinguished stranger. I hope that the resolution will be passed immediately by this body.

The PRESIDENT. Unanimous consent is asked that this resolution may have a second reading at this time. Is there any objection? Mr. UNDERWOOD. Let it lie over until to

morrow.

THE COMPROMISE MEASURES.

Mr. FOOTE, of Mississippi, gave notice of his intention at a future day to ask leave to introduce a joint resolution declaring the measures of adjust ment, so called, a definitive settlement of the questions growing out of the system of domestic slavery.

The resolution is in the following terms:

A resolution declaring the measures of adjustment to be a definitive settlement of the questions growing out of domestic slavery.

Be it resolved, That the series of measures embraced in the acts entitled "An act proposing to the State of Texas the establishment of her Northern and Western boundaries, the relinquishment, by the said State, of all territory claimed by her exterior to said boundaries, and of all her claims upon the United States, and to establish a territorial government for New Mexico," approved September 9, 1850; "An act for the admission of the State of California into the Union," approved September 9, 1850; "An act to establish a territorial government for Utah," approved September 9, 1850; "An act to amend and supplementary to the act entitled An act respecting fugitives from justice, and persons escaping from the service of their masters, approved February 12, 1793,'" approved September 18, 1850; and "An act to suppress the slave trade in the District of Columbia," approved September 20, 1850, commonly known as the "Compromise Acts," are, in the judgment of this body, entitled to be recognized as a definitive adjustment and settlement of the distracting questions growing out of the system of domestic slavery, and as such, that said measures should be acquiesced in and respected by all good citizens.

The Senate then adjourned.

HOUSE OF REPRESENTATIVES.
TUESDAY, December 2, 1851.

The House met at 12 o'clock, m.

Mr. GENTRY of Tennessee, and Mr. STONE of Kentucky, appeared to-day, and were qualified by taking the usual oath to support the Constitution.

Mr. RICHARDSON moved that the reading of the Journal be dispensed with.

Mr. ABERCROMBIE objected, as there was an error in the Journal, which should be corrected.

The Journal was then read.

New Hampshire [Mr. HIBBARD] does not come up of necessity this morning, as the first business in order?

The SPEAKER. That is the first business in order; but if there be no objection, the gentleman from Alabama can give the notices he desires.

Mr. COBB. I give notice, then, that I shall to-morrow, or on the earliest day practicable, ask leave to introduce a bill to graduate and reduce the price of the public lands;

A bill to grant the right of way and alternate sections of the public lands to the Selma and Gunter's Landing Railroad in the State of Alabama;

A bill to grant the right of way and alternate sections of the public land to the Memphis and Charleston Railroad, in the States of Tennessee, Mississippi, and Alabama;

A bill to grant a quarter section of land to each actual settler upon the public land within the United States; and

A bill to authorize the transfer of land warrants

issued under the act of 28th of September, 1850; or, in other words, to require the Secretary of the Interior to give such construction to the law as its makers in the House of Representatives intended, and as said law expresses on its face.

SEATS OF MEMBERS.

of a committee to wait on the President of the United States and inform him that a quorum of the two Houses had assembled, and were ready to receive any communication from him; and that Mr. BRIGHT and Mr. MILLER had been appointed on the part of the Senate.]

Mr. TOOMBS. It seems that there is a good deal of disagreement about this matter. Now, I think that a majority of the House have got better seats than they are likely to get in the lottery. and I therefore move to lay the resolution on the table, so that we may remain as we are. [Laughter.]

Mr. RICHARDSON called for tellers; which were ordered; and Messrs. RICHARDSON and MEACHAM were appointed.

The question being taken, it was decided in the negative-ayes 34; noes not counted.

So the House refused to lay the resolution on the table.

Mr. MOORE, of Pennsylvania. I desire to say to the House, that Mr. DARBY, of Missouri, is in the city, and has been here since last week, but has been confined to his bed since Monday morning by sickness. I move, therefore, the following as an amendment, to come in at the end of the resolution :

"And inasmuch as Mr. Darby, of Missouri, is confined at his lodgings in this city by reason of sickness, one of his colleagues is authorized to select a seat for him when his name is drawn."

Mr. BAYLY, of Virginia. The committee of the Senate appointed to wait on the President is now waiting for us, but the gentlemen who with me are upon the committee of the House, are not willing to be deprived of a choice of seats by absence upon official business, and by order of the House. I hope, therefore, that it will be the pleasure of the House to delay the balloting for seats until half past one o'clock, by which time we shall have returned.

A MEMBER. Some one can choose for you. Mr. BAYLY. No one can tell what seats we should choose.

Mr. HIBBARD then modified his resolution by striking out the words "immediately after the passage of this resolution," and inserting in lieu thereof, the words "at half past one o'clock this day."

Mr. JONES, of Tennessee. The members of the committee would be perfectly willing to make their choice of seats before they discharge the

duties of the committee.

amendment, and it was agreed to. The question was then taken on Mr. MOORE's

The question recurred on the adoption of the resolution as amended.

Mr. STEPHENS, of Georgia. It seems to me that it would be much better to postpone the

HIBBARD was then read as follows, viz:

Resolved, That the Clerk of the House immediately after the passage of this resolution place in a box the name of each member and delegate of the House of Representatives on a separate piece of paper; that he then proceed in presence of the House to draw from said box, one at a time, the said pieces of paper; and as each is drawn, he shall announce the name of the member or delegate upon it, who shall then choose his seat for the present session, provided that before said drawing shall commence, the Speaker shall cause every seat to be vacated, and shall see that every seat continues vacant until it is selected under this order.

Mr. RICHARDSON. I would suggest to the gentleman from New Hampshire, [Mr. HIBBARD,] who introduced the resolution in reference to the selection of seats, that he should so modify it as to make the drawing of seats come off to-morrow, say at half-past twelve o'clock, so that gentlemen who are now absent may have an opportunity of being present to select their seats.

Mr. HIBBARD. So far as I am concerned, I should have no objection to adopt the modification suggested by my friend from Illinois, but it is suggested by other gentlemen around me that the difficulty, which is certainly worthy of being considered, would be obviated if the House would allow other gentlemen to select seats for members who are unavoidably absent.

[Cries of "Agreed!" and "No, no!"] There are several gentlemen absent by the order of the House, and it would certainly be unfair to proceed with the drawing in their absence.

[A message was received from the Senate, informing the House that that body had concurred in the resolution of the House for the appointment

past one o'clock to-day. We may be engaged at that time in hearing the President's message, and I suggest, therefore, to the gentleman from New Hampshire, that it would be better to postpone the drawing until to-morrow.

Mr. RICHARDSON. Permit me to make a single suggestion. It is very desirable that the Speaker of the House should have as much opportunity as possible to make up the Committees, and that we should meet as seldom as possible until

that is done.

Mr. STEPHENS. Very well, then, we can draw for seats after the reading of the President's message to-day. Let the resolution be modified in that way.

Mr. RICHARDSON. I would suggest, that if the Executive message is being read when the hour of half-past one arrives, the drawing of seats will come up as the next business.

Mr. STEPHENS. I have no objection to that arrangement, and I therefore move to amend the resolution by striking out the words, "at half-past one o'clock," and inserting, "immediately after the reading of the Executive message this day." The amendment was agreed to, and the resolution as amended was adopted.

SEATS FOR REPORTERS.

Mr. RICHARDSON proposed the following resolution, viz:

Resolved, That the Doorkeeper of this House be authorized to provide seats for the Reporters of the full debates and proceedings, in front of the Clerk's table, if it can be done without incommoding the House.

Mr. R. said: I desire to say only one word in

the Navy, hitherto so extravagant-when we come to make appropriations for the Army, heretofore so imprudent and wasteful-when we come to appropriate the vast sums annually appropriated to carry on the machinery of this great Government, his voice will be heard ringing clear and loud in favor of retrenchment and economy. I do not understand the wisdom of that system of economy which "saves at the spigot and lets out at the bung-hole"-the economy which would scruple at a useful expenditure of a few dollars, and permit millions to pass without discussion, and sometimes without even investigation. Look at the enormous expenditures of the last two years! Did our Whig friends then scruple to vote for the recommendations of their Secretary? On the contrary, they marched up in solid phalanx in support of them. This appropriation is a small matter, and it is vehemently resisted. I trust the same zeal will manifest itself in behalf of economy when larger matters shall come before us.

The resolution proposes to expend fifty dollars to supply the members with newspapers. If it were an hundred it would be profitably and usefully expended. The sum itself is scarcely enough to pay for the daily papers of this city, which are needed and used by each member, and we ought not to be confined to this city. We need the commercial and political intelligence derived from distant papers, to enable us to legislate wisely in regard to the interests of this great people. I confess, for one, sir, that I need the intelligence on the subject of commerce, politics, and other matters which other countries, and other portions of our own country, furnish, to enable me to act intelligently and wisely upon many subjects which will come up for consideration in this House. Unlike my friend from Missouri, [Mr. HALL,] I am not ashamed to own that I need light, and that I will be benefited by the intelligence which newspapers will afford. The appropriation will be useful to me, to my constituents, and the country; and I trust the resolution will be adopted.

Mr. EVANS. Mr. Speaker, I would not have troubled the House further, had it not been for what has fallen from my colleague, [Mr. BowIE.] I have not offered anything extravagant. I do not care if you do not take any papers at all. I am willing to supply my own. You may cut off the per diem-I will stand that. Take it all away, and the mileage along with it.

[Cries of "Oh! no!" and laughter.] Mr. EVANS. It does not make any difference with me. It is well known by those who have served in the House with me that I have been as economical as other gentlemen. I do not know how the gentleman voted upon a certain private claim of $150,000. I know well enough I voted against it. I have proposed to myself always a sound economy; but I wish, if you pass this resolution subscribing for newspapers, that you shall make it efficient to yourselves. After you amend the resolution in that way, you may vote it down, if you like. I am quite as ready as the gentleman from Maryland, [Mr. BowIE,] or any other gentleman, to subscribe for all my own papers.

Mr. CARTTER. If the object of this proposition is based upon the necessity of increasing the intelligence of this House, there is no doubt that all need it; but the curiosity about the matter is the source from which we are to draw this intelligence. What is to be the effect of this proposition? It is a subscription to the newspaper press of the country a newspaper press fed by the proceedings of this body! And you propose to give $50 to the newspaper press of this country|| to secure this political intelligence, founded on the news you furnish yourselves. This is the kind of intelligence you propose to acquire. [Laughter. I apprehend this is a mere "scape-goat," to get news to improve the heart. I think if you will go into the Senate chamber and ascertain what kind of food they feed their intellects upon, you will find Godey's Lady's Book and Graham's Magazine, and the other literary periodicals of the day, franked to their wives and daughters and sweethearts. [Laughter.] This, I apprehend, is the cause of this great desire to acquire intelligence. This will be the result of it. It is all a humbug!

Mr. BAYLY (interrupting) announced, that the committee upon the part of the House to wait upon the President of the United States and to inform him that we were organized and ready to receive any communication from him, had per

formed that duty, and that the President had informed them that he would make a communication in writing immediately.

Mr. HALL asked if it would now be in order to move a substitute for the resolution? He desired to present precisely a copy of the resolution adopted for several Congresses past.

Now, I trust we may be consistent with ourselves; I hope we may enter upon the discharge of our duties as representatives in this Hall, by advoMr. CARTTER continued. I would not object to cating economy in the expenditures of the Govthis acquirement of intelligence with a view of dis- ernment; and in carrying out this principle we charging political duties; I would not object to the should begin with ourselves. Let it not be said appropriation, if it could be legitimately expended when we return to our homes, that we have ecofor that end; but if this appropriation be made || nomically administered the affairs of our country to the extent recommended by the gentleman in all matters relating to others, but have departed from Kentucky, [Mr. STANTON,] and the gentle from the principle in regard to ourselves. I wish man from Maryland, [Mr. EVANS,] it will but to be consistent; and in order to be so, I desire to bring back to this body the senseless scribbling of say to my constituents, and to the country, once a set of hired reporters within this Hall, the chief for all, that I shall vote, on all occasions, against part of whose employment is to draw the portrait-all appropriations as presents to myself; and I shall ure of the members for pay. This is the kind likewise vote for the most rigid economy in adof political intelligence you will get; or the record ministering the affairs of the Government. I hope of the proceedings of some meeting, got up to or- we shall reject the resolution. der-a beaf steak convention in the city of New York, or Philadelphia, or Baltimore, to feed some candidate into the Presidency. These things are manufactured to order, and multiply just as often as funds are furnished to purchase the steak with. [A laugh.] Now, I do not feel the want of any such intelligence; I would rather rely upon my instincts, as the safest guides under the Constitution, than upon intelligence of this kind. [Great laughter.] But this species of news does not come from the West; it does not come from the interior of the Union; it is fulminated to order in the corrupt cities of the East, where the hired minions of political ambition bring their brains into operation, in order to reach public opinion in the interior. Now, I am not in favor of pandering to any such corruption. I have no candidate of my own for the Presidency who needs any such kind of fodder, [a laugh,] and I shall therefore be under the necessity of voting against this resolution, although I feel the want of intelligence as much as any one.

Mr. CLARK. It is contended that the mere amount of the appropriation contemplated in this resolution is one of minor importance, and perhaps it is so; but the principles involved, which form a part and parcel of a system of extravagant expenditures I regard as worthy of our consideration. I know that there are those who regard economy in matters of this kind, rather with contempt. This may be allowed, so long as gentlemen are confined to the use of their own money; but when they are about to appropriate the money of others, I think they should view the matter differently. We are here about to appropriate the people's money, and in doing so, we ought to have reference, not only to our rights, which we may properly exercise, but also to the feelings and wishes of the people whose money we are to appropriate. I trust we shall not transcend the rights with which we are clothed in this matter; I trust we shall do nothing which will prejudice the feelings of the people against us. A less amount will be sufficientabundantly sufficient to supply all our wants. I hope that an appropriation for a smaller amount will prevail. I shall certainly vote for it.

Mr. SKELTON. It is with some degree of reluctance that I have risen to address a few remarks to the House; but after the remarks just made upon this floor, I deem it due, not only to myself, but to the country, that I should take decided ground in relation to this measure, not so much in consequence of the amount involved in the resolution-as the gentleman on my right [Mr. CLARK] has justly observed as in consequence of the principle involved in the question now presented for our consideration. Now, I am here as an individual, to represent honestly my constituents. In doing so, I pledge myself, upon all occasions, to vote for the strictest economy in the administration of the finances of our common country. In conformity with that pledge, in order to be consistent, I do not desire to commence with appropriations to myself. I shall vote against receiving anything in the shape of presents from this House. I am unwilling to vote even for the small appropriations provided for in the resolution now under consideration, not because I am not ready to receive instruction from the enlightened press of our country; I have always made provision for receiving such instruction, and I have already provided for myself during the present session. I have subscribed for every weekly newspaper in my district; I have subscribed for three daily papers, and I am perfectly willing to pay for them out of my per diem allowance.

The SPEAKER said it would be in order. Mr. HALL. I then offer the following as a substitute for the whole resolution:

Resolved, That the Clerk cause to be furnished to the members of this House, during the present session, such papers as they may direct, the expense thereof not to exceed the price of three daily papers to each member, from the commencement of the session.

Mr. CAMPBELL said that the time consumed in the discussion would almost pay for the papers; he therefore moved to lay the resolution and amendment on the table.

The question was put, and the motion was rejected.

Mr. CAMPBELL then moved the previous question.

Mr. FICKLIN inquired what would be the effect of the previous question if sustained?

The SPEAKER said, it would be to bring the House to a direct vote first upon the amendment of the gentleman from Maryland, [Mr. EVANS,] then upon the substitute of the gentleman from Missouri, and then upon the original resolution.

The previous question was then seconded, and the main question ordered.

Mr. CLARK demanded the yeas and nays; but they were not ordered.

The question was then taken upon the amendment of the gentleman from Maryland, [Mr. EVANS,] and it was adopted-ayes 112, noes not counted.

The question then recurred upon the adoption of

the substitute.

Mr. HALL demanded the yeas and nays; and they were ordered.

The question was then taken, and decided in the affirmative-yeas 107, nays 98; as follows:

YEAS-Messrs. Abercrombie, Aiken, Allison, Andrews, Ashe, Averett, T.H.Bayly, Bell, Bibighaus, Bocock, Bowie, man, Colcock, Daniel, Dawson, Dockery, Duncan, Durkee, Buell, Busby, Caldwell, Cartter, Clark, Cleveland, Cling

Eastman, Edmundson, Ewing, Faulkner, Ficklin, Fitch, Floyd, Fowler, Gaylord, Gentry, Green, Grey, Grow, Hall, Hamilton, Hammond, Harper, Isham G. Harris, Sampson W. Harris, Hart, Hascall, Haven, Hebard, Hendricks, Henn, Hibbard, Holladay, Houston, Thomas M. Howe, Hunter, Ingersoll, Jackson, Andrew Johnson, James Johnson, John Johnson, Robert W. Johnson, George W. Jones, J. Glancy Jones, Preston King, Kurtz, Letcher, Mason, McMullin, McNair, Meacham, Meade, Miller, Millson, Molony, Morehead, Murphy, Nabers, Peaslee, Penn, Penniman, Perkins, Phelps, Polk, Porter, Rantoul, Richardson, Robbins, Robinson, Savage, Origen S. Seymour, Smith, Stanly, Benjamin Stanton, Stone, Stuart, George W. Thompson, Toombs, Townshend, Walbridge, Washburn, Watkins, Welch, Wells, Addison White, Wilcox, Wildrick, Woodward, and Yates-107.

NAYS-Messrs. Charles Allen, Willis Allen, John Appleton, William_Appleton, Barrere, David I. Bailey, Bennett, Bowne, Bragg, Breckenridge, Brenton, Briggs, Brooks, Burrows, Burt, Cabell, Cable, Lewis D. Camp bell, Thompson Campbell, Chandler, Chapman, Chastain, Churchwell, Cobb, Conger, Cottman, Curtis, Geo. T. Davis, John G. Davis, Dean, Dimmick, Disney, Doty, Edgerton, Evans, Florenee, Henry M. Fuller, Thomas J. D. Fuller, Gamble, Giddings, Goodenow, Goodrich, Gorman, Haws, Hillyer, Horsford, J. W. Howe, T. Y. How, Jenkins, Daniel T. Jones, George G. King, Kuhns, Lockhart, Mace, Mann, Edward C. Marshall, Humphrey Marshall, Martin, MeCorkle, McDonald, McLanahan, Miner, Henry D. Moore, Morrison, Murray, Newton, Olds, Orr, Outlaw, Andrew Parker, Samuel W. Parker, Price, Robie, Ross, Russell, Sackett, Schermerhorn, Schoolcraft, Schoonmaker, Scudder, Scurry, David L. Seymour, Smart, Snow, Frederick P. Stanton, Richard H. Stanton, A. H. Stephens, Stratton, Sutherland, Sweetser, Taylor, Benj. B. Thompson, Thurston, Tuck, Venable, Walsh, Ward, and Williams 98. So the substitute was adopted.

The question then recurred upon the adoption of the resolution, as amended.

Mr. MARSHALL, of Kentucky, demanded the yeas and nays; which were ordered.

PRESIDENT'S MESSAGE.

A message was then received from the President of the United States, by the hands of his Private Secretary, MILLARD P. FILLMORE; which was read by Mr. FORNEY, Clerk of the House, as follows: Felono-citizens of the Senate

and of the House of Representatives: I congratulate you and our common constitury upon the favorable auspices under which you neet for your first session. Our country is at peace with all the world. The agitation which, for a time, threatened to disturb the fraternal relacons which make us one people, is fast subsiding; and a year of general prosperity and health has crowned the nation with unusual blessings. None can ook back to the dangers which are passed, or forward to the bright prospect before us, withsut feeling a thrill of gratification, at the same time that he must be impressed with a grateful sense of our profound obligations to a beneficent Providence, whose paternal care is so manifest in the happiness of this highly-favored land.

Since the close of the last Congress, certain Cubans and other foreigners resident in the United States, who were more or less concerned in the previous invasion of Cuba, instead of being discouraged by its failure, have again abused the hospitality of this country by making it the scene of the equipment of another military expedition gainst that possession of her Catholic Majesty, in which they were countenanced, aided, and joined by citizens of the United States. On receiving intelligence that such designs were entertained, Lost no time in issuing such instructions to the proper officers of the United States as seemed to be called for by the occasion. By the proclamabon, a copy of which is herewith submitted, I also warned those who might be in danger of being inveigled into this scheme of its unlawful chararter, and of the penalties which they would inar. For some time there was reason to hope that these measures had sufficed to prevent any ich attempt. This hope, however, proved to be delusive. Very early in the morning of the third of August, a steamer called the Pampero departed from New Orleans for Cuba, having on board upwards of four hundred armed men, with evident intentions to make war upon the authorities of the Island. This expedition was set on foot in palpable violation of the laws of the United States. Its leader was a Spaniard, and several of the chief officers, and some others engaged in it, were foreigners. The persons composing it, however, were mostly citizens of the United States.

Before the expedition set out, and probably before it was organized, a slight insurrectionary movement, which appears to have been soon suppressed, had taken place in the eastern quarter of Cuba. The importance of this movement was unfortunately so much exaggerated in the accounts of it published in this country, that these adventurers seem to have been led to believe that the Creole population of the Island not only desired to throw off the authority of the mother country, but had resolved upon that step, and had begun a well-concerted enterprise for effecting it. The persons engaged in the expedition were generally young and ill-informed. The steamer in which they embarked left New Orleans stealthily and without a clearance. After touching at Key West, she proceeded to the coast of Cuba, and, on the night between the 11th and 12th of August, landed the persons on board at Playtas, within about twenty leagues of Havana.

The main body of them proceeded to, and took possession of, an inland village six leagues distant, leaving others to follow in charge of the baggage, as soon as the means of transportation could be obtained. The latter, having taken up their line of march to connect themselves with the main body, and having proceeded about four leagues into the country, were attacked on the morning of the 13th by a body of Spanish troops, and a bloody conflict ensued; after which they retreated to the place of disembarkation, where about fifty of them obtained boats and reembarked therein. They were, however, intercepted among the keys near the shore by a Spanish steamer cruising on the coast, captured, and carried to Havana, and, after being examined before a military court, were sentenced to be publicly executed, and the sentence was carried into effect on the 16th of August.

On receiving information of what had occurred, Commodore Foxhall A. Parker was instructed to

proceed in the steam frigate Saranac to Havana, and inquire into the charges against the persons executed, the circumstances under which they were taken, and whatsoever referred to their trial and sentence. Copies of the instructions from the Department of State to him, and of his letters to that Department, are herewith submitted. According to the record of the examination, the prisoners all admitted the offences charged against them, of being hostile invaders of the Island. At the time of their trial and execution the main body of the invaders were still in the field, making war upon the Spanish authorities and Spanish subjects. After the lapse of some days, being overcome by the Spanish troops, they dispersed on the 24th of August; Lopez, their leader, was captured some days after, and executed on the 1st of September. Many of his remaining followers were killed, or died of hunger and fatigue, and the rest were made prisoners. Of these, none appear to have been tried or executed. Several of them were pardoned upon application of their friends and others, and the rest, about one hundred and sixty in number, were sent to Spain. Of the final disposition made of these we have no official information.

Such is the melancholy result of this illegal and ill-fated expedition. Thus, thoughtless young men have been induced, by false and fraudulent representations, to violate the law of their country, through rash and unfounded expectations of assisting to accomplish political revolutions in other States, and have lost their lives in the undertaking. Too severe a judgment can hardly be passed, by the indignant sense of the community, upon those who, being better informed themselves, have yet led away the ardor of youth and an ill-directed love of political liberty. The correspondence between this Government and that of Spain relating to this transaction is herewith communicated.

Although these offenders against the laws have forfeited the protection of their country, yet the Government may, so far as is consistent with its obligations to other countries, and its fixed purpose to maintain and enforce the laws, entertain sympathy for their unoffending families and friends, as well as a feeling of compassion for themselves. Accordingly no proper effort has been spared, and none will be spared, to procure the release of such citizens of the United States, engaged in this unlawful enterprise, as are now in confinement in Spain; but it is to be hoped that such interposition with the Government of that country may not be considered as affording any ground of expectation that the Government of the United States will, hereafter, feel itself under any obligation of duty to interfere for the liberation or pardon of such persons as are flagrant offenders against the law of nations and the laws of the United States.

Those laws must be executed. If we desire to maintain our respectability among the nations of the earth, it behooves us to enforce steadily and sternly the Neutrality acts passed by Congress, and to follow, as far as may be, the violation of those acts with condign punishment.

But what gives a peculiar criminality to this invasion of Cuba is, that, under the lead of Spanish subjects and with the aid of citizens of the United States, it had its origin, with many, in motives of cupidity. Money was advanced by individuals, probably in considerable amounts, to purchase Cuban bonds, as they have been called, issued by Lopez, sold, doubtless, at a very large discount, and for the payment of which the public lands and public property of Cuba, of whatever kind, and the fiscal resources of the people and government of that Island, from whatever source to be derived, were pledged, as well as the good faith of the government expected to be established. All these means of payment, it is evident, were only to be obtained by a process of bloodshed, war, and revolution. None will deny that those who set on foot military expeditions against foreign States by means like these, are far more culpable than the ignorant and the necessitous whom they induce to go forth as the ostensible parties in the proceeding. These originators of the invasion of Cuba seem to have determined, with coolness and system, upon an undertaking which should disgrace their country, violate its laws, and put to hazard the lives of illinformed and deluded men. You will consider whether further legislation be necessary to prevent the perpetration of such offences in future.

No individuals have the right to hazard the peace of the country, or to violate its laws, upon

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vague notions of altering or reforming governments in other States. This principle is not only reasonable in itself, and in accordance with public law, but is ingrafted into the codes of other nations as well as our own. But while such are the sentiments of this Government, it may be added that every independent nation must be presumed to be able to defend its possessions against unauthorized individuals banded together to attack them. The Government of the United States, at all times since its establishment, has abstained, and has sought to restrain the citizens of the country, from entering into controversies between other Powers, and to observe all the duties of neutrality. At an early period of the Government-in the administration of Washington-several laws were passed for this purpose. The main provisions of these laws were reenacted by the act of April, 1818, by which, amongst other things, it was declared, that if any person shall, within the territory or jurisdiction of the United States, begin, or set on foot, or provide, or prepare the means for any military expedition or enterprise to be carried on from thence against the territory or dominion of any foreign prince or State, or of any colony, district, or people with whom the United States are at peace, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned not more than three years; and this law has been executed and enforced, to the full extent of the power of the Government, from that day to

this.

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In proclaiming and adhering to the doctrine of neutrality and non-intervention, the United States have not followed the lead of other civilized nations; they have taken the lead themselves, and have been followed by others. This was admitted by one of the most eminent of modern British statesmen, who said in Parliament, while a minister of the Crown, "that if he wished for a guide in a system of neutrality, he should take 'that laid down by America in the days of Washington and the Secretaryship of Jefferson;" and we see, in fact, that the act of Congress of 1818 was followed the succeeding year by an act of the Parliament of England, substantially the same in its general provisions. Up to that time there had been no similar law in England, except certain highly penal statutes passed in the reign of George II., prohibiting English subjects from enlisting in foreign service, the avowed object of which statutes was, that foreign armies, raised for the purpose of restoring the house of Stuart to the throne, should not be strengthened by recruits from England herself.

All must see that difficulties may arise in carrying the laws referred to into execution in a country now having three or four thousand miles of sea-coast, with an infinite number of ports and harbors and small inlets, from some of which unlawful expeditions may suddenly set forth, without the knowledge of Government, against the possessions of foreign States.

Friendly relations with all, but entangling alliances with none, has long been a maxim with us. Our true mission is not to propagate our opinions, or impose upon other countries our form of government, by artifice or force; but to teach by example, and show by our success, moderation, and justice, the blessings of self-government and the advantages of free institutions. Let every people choose for itself, and make and alter its political institutions to suit its own condition and convenience. But, while we avow and maintain this neutral policy ourselves, we are anxious to see the same forbearance on the part of other nations, whose forms of government are different from our own. The deep interest which we feel in the spread of liberal principles and the establishment of free governments, and the sympathy with which we witness every struggle against oppression, forbid that we should be indifferent to those in which the strong arm of a foreign power is invoked to stifle public sentiment, and repress the spirit of freedom in any country.

The Governments of Great Britain and France have issued orders to their naval commanders on the West India station to prevent by force, if necessary, the landing of adventurers from any nation on the Island of Cuba with hostile intent. The copy of a memorandum of a conversation on this subject between the Chargé d'Affaires of her | Britannic Majesty and the Acting Secretary of

State, and of a subsequent note of the former to the Department of State, are herewith submitted, together with a copy of a note of the Acting Secretary of State to the Minister of the French Republic, and of the reply of the latter, on the same subject. These papers will acquaint you with the grounds of this interposition of the two leading commercial Powers of Europe, and with the apprehensions, which this Government could not fail to entertain, that such interposition, if carried into effect, might lead to abuses in derogation of the maritime rights of the United States. The maritime rights of the United States are founded on a firm, secure, and well-defined basis; they stand upon the ground of national independence and public law, and will be maintained in all their full and just extent.

The principle which this Government has heretofore solemnly announced it still adheres to, and will maintain under all circumstances and at all hazards. That principle is, that in every regularly documented merchant vessel, the crew who navigate it, and those on board of it, will find their protection in the flag which is over them. No American ship can be allowed to be visited or searched for the purpose of ascertaining the character of individuals on board, nor can there be allowed any watch by the vessels of any foreign

nation over American vessels on the coasts of the United States, or the seas adjacent thereto. It will be seen by the last communication from the British Chargé d'Affaires to the Department of State, that he is authorized to assure the Secretary of State that every care will be taken that, in executing the preventive measures against the expeditions, which the United States Government itself has denounced as not being entitled to the protection of any Government, no interference shall take place with the lawful commerce of any nation.

In addition to the correspondence on this subject, herewith submitted, official information has been received at the Department of State, of assurances by the French Government that, in the orders given to the French naval forces, they were expressly instructed, in any operations they might engage in, to respect the flag of the United States, wherever it might appear, and to commit no act of hostility upon any vessel or armament under its protection.

Ministers and consuls of foreign nations are the means and agents of communication between us and those nations, and it is of the utmost importance that, while residing in the country, they should feel a perfect security so long as they faithfully discharge their respective duties, and are guilty of no violation of our laws. This is the admitted law of nations, and no country has a deeper interest in maintaining it than the United States. Our commerce spreads over every sea, and visits every clime, and our ministers and consuls are appointed to protect the interests of that commerce, as well as to guard the peace of the country, and maintain the honor of its flag. But how can they discharge these duties unless they be themselves protected? and, if protected, it must be by the laws of the country in which they reside. And what is due to our own public functionaries residing in foreign nations is exactly the measure of what is due to the functionaries of other Governments residing here. As in war, the bearers of flags of truce are sacred, or else wars would be interminable, so in peace, embassadors, public ministers, and consuls, charged with friendly national intercourse, are objects of especial respect and protection, each according to the rights belonging to his rank and station. In view of these important principles, it is with deep mortification and regret I announce to you that, during the excitement growing out of the executions at Havana, the office of her Catholic Majesty's consul at New Orleans was assailed by a mob, his property destroyed, the Spanish flag found in the office carried off and torn in pieces, and he himself induced to flee for his personal safety, which he supposed to be in danger. On receiving intelligence of these events, I forthwith directed the attorney of the United States, residing at New Orleans, to inquire into the facts, and the extent of the pecuniary loss sustained by the consul, with the intention of laying them before you, that you might make provision for such indemnity to him as a just regard for the honor of the nation and the respect which is due to a friendly power, might, in your judg

ment, seem to require. The correspondence upon this subject between the Secretary of State and her Catholic Majesty's Minister Plenipotentiary is herewith transmitted.

The occurrence at New Orleans has led me to

give my attention to the state of our laws in regard to foreign embassadors, ministers, and consuls. I think the legislation of the country is deficient in not providing sufficiently either for the protection or the punishment of consuls. I there fore recommend the subject to the consideration of Congress.

Your attention is again invited to the question of reciprocal trade between the United States and Canada, and other British possessions near our frontier. Overtures for a convention upon this subject have been received from her Britannic Majesty's Minister Plenipotentiary, but it seems to be in many respects preferable that the matter should be regulated by reciprocal legislation. Documents are laid before you, showing the terms which the British Government is willing to offer, and the measures which it may adopt, if some arrangement upon this subject shall not be made.

From the accompanying copy of a note from the British legation at Washington, and the reply of the Department of State thereto, it will appear that her Britannic Majesty's Government is desirous that a part of the boundary line between Oregon and the British possessions should be authoritatively marked out, and that an intention was expressed to apply to Congress for an appropriation to defray the expense thereof on the part of the United States. Your attention to this subject is accordingly invited, and a proper appropriation recommended.

A convention for the adjustment of claims of citizens of the United States against Portugal has been concluded, and the ratifications have been exchanged. The first installment of the amount to be paid by Portugal fell due on the 30th of September last, and has been paid.

The President of the French Republic, according to the provisions of the convention, has been selected as arbiter in the case of the General Armstrong, and has signified that he accepts the trust, and the high satisfaction he feels in acting as the common friend of two nations with which France is united by sentiments of sincere and lasting amity.

The Turkish Government has expressed its thanks for the kind reception given to the Sultan's agent, Amin Bey, on the occasion of his recent visit to the United States. On the 28th of February last, a dispatch was addressed by the Secretary of State to Mr. Marsh, the American Minister at Constantinople, instructing him to ask of the Turkish Government permission for the Hungarians, then imprisoned within the dominions of the Sublime Porte, to remove to this country. On the 3d of March last, both Houses of Congress passed a resolution requesting the President to authorize the employment of a public vessel to convey to this country Louis Kossuth and his associates in captivity.

The instruction above referred to was complied with, and the Turkish Government having released Governor Kossuth and his companions from prison, on the 10th of September last they embarked on board of the United States steam-frigate Mississippi, which was selected to carry into effect the resolution of Congress. Governor Kossuth left the Mississippi at Gibraltar, for the purpose of making a vist to England, and may shortly be expected in New York. By communications to the Department of State he has expressed his grateful acknowledgments for the interposition of this Government in behalf of himself and his associates. This country has been justly regarded as a safe asylum for those whom political events have exiled from their own homes in Europe; and it is recommended to Congress to consider in what manner Governor Kossuth and his companions, brought hither by its authority, shall be received and treated.

It is earnestly to be hoped that the differences which have for some time past been pending between the Government of the French Republic and that of the Sandwich Islands, may be peaceably and durably adjusted, so as to secure the independence of those Islands. Long before the events which have of late imparted so much importance to the possessions of the United States on the Pacific, we acknowledged the independence of the

Hawaiian Government. This Government was first in taking that step, and several of the leading Powers of Europe immediately followed. We were influenced in this measure by the existing and prospective importance of the Islands as a place of refuge and refreshment for our vessels engaged in the whale fishery, and by the consideration that they lie in the course of the great trade which must, at no distant day, be carried on between the western coast of North America and Eastern Asia.

We were also influenced by a desire that those Islands should not pass under the control of any other great maritime State, but should remain in an independent condition, and so be accessible and useful to the commerce of all nations. I need not say that the importance of these considerations has been greatly enhanced by the sudden and vast development which the interests of the United States have attained in California and Oregon; and the policy heretofore adopted in regard to those Islands will be steadily pursued.

It is gratifying, not only to those who consider the commercial interests of nations, but also to all who favor the progress of knowledge and the diffusion of religion, to see a community emerge from a savage state and attain such a degree of civilization in those distant seas.

It is much to be deplored that the internal tranquillity of the Mexican Republic should again be seriously disturbed; for, since the peace between that Republic and the United States, it had enjoyed such comparative repose that the most favorable anticipations for the future might, with

a

degree of confidence, have been indulged. These, however, have been thwarted by the recent outbreak in the State of Tamaulipas, on the right bank of the Rio Bravo. Having received information that persons from the United States had taken part in the insurrection, and apprehending that their example might be followed by others, I caused orders to be issued for the purpose of preventing any hostile expeditions against Mexico from being set on foot in violation of the laws of the United States. I likewise issued a proclamation upon the subject, a copy of which is herewith laid before you. This appeared to be rendered imperative by the obligations of treaties and the general duties of good neighborhood.

In my last annual message I informed Congress that citizens of the United States had undertaken the connection of the two oceans by means of a railroad across the Isthmus of Tehuantepec, under a grant of the Mexican Government to a citizen of that Republic; and that this enterprise would probably be prosecuted with energy whenever Mexico should consent to such stipulations with the Government of the United States as should import a feeling of security to those who should invest their property in the enterprise.

A convention between the two Governments for the accomplishment of that end has been ratified by this Government, and only awaits the decision of the Congress and the Executive of that Republic.

Some unexpected difficulties and delays have arisen in the ratification of that convention by Mexico, but it is to be presumed that her decision will be governed by just and enlightened views, as well of the general importance of the object, as of her own interests and obligations.

In negotiating upon this important subject, this Government has had in view one, and only one, object. That object has been, and is, the construction or attainment of a passage from ocean to ocean, the shortest and the best for travelers and merchandise, and equally open to all the world. It has sought to attain no territorial acquisition, nor any advantages peculiar to itself; and it would see, with the greatest regret, that Mexico should oppose any obstacle to the accomplishment of an enterprise which promises so much convenience to the whole commercial world, and such eminent advantages to Mexico herself. Impressed with these sentiments and these convictions, the Government will continue to exert all proper efforts to bring about the necessary arrangement with the Republic of Mexico for the speedy completion of the work.

For some months past the Republic of Nicaragua has been the threatre of one of those civil convulsions, from which the cause of free institutions, and the general prosperity and social progress of the States of Central America, have so often and