A Compilation of the Messages and Papers of the Presidents, Volume - James D. Richardson
MILLARD FILLMORE.
WASHINGTON, _June 1, 1852_.
_To the Senate of the United States_:
I communicate to the Senate herewith, for its constitutional action
thereon, eighteen treaties negotiated with Indian tribes in California,
as described in the accompanying letter of the Secretary of the
Interior, dated the 22d ultimo, with a copy of the report of the
superintendent of Indian affairs for the State of California and other
correspondence in relation thereto.
MILLARD FILLMORE.
WASHINGTON, _June 11, 1852_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to
ratification, a convention between the United States and the Sultan
of Borneo, signed at Bruni on the 23d of June, 1850. A copy of two
dispatches to this department from Mr. Balestier, who concluded the
convention on the part of this Government, one dated the 22d of April
and the other the 24th June, 1851, is also transmitted for the
information of the Senate. As the period limited for the exchange of the
ratifications, which is to be effected at Bruni, will expire on the 23d
instant, I recommend that if the Senate should approve the convention
authority may be given to perform that ceremony within a year from that
date. The instrument would have been submitted to the Senate in season
for the ratification to be exchanged within the stipulated time had not
Mr. Balestier's arrival with it in the United States been unavoidably
delayed.
MILLARD FILLMORE.
WASHINGTON, _June 11, 1852_.
_To the Senate and House of Representatives_:
I transmit to Congress a report from the Secretary of State, on the
subject of the disorders on the Rio Grande frontier, and recommend the
legislation which it suggests, in order that the duties and obligations
of this Government occasioned thereby may be more effectually discharged
and the peace and security of the inhabitants of the United States in
that quarter more efficiently maintained.
MILLARD FILLMORE.
WASHINGTON, _June 14, 1852_.
_To the Senate and House of Representatives_:
I transmit herewith, for your consideration, a report from the
Secretary of State, accompanied by a communication from His Excellency
Senor Don A. Calderon de la Barca, envoy extraordinary and minister
plenipotentiary of Her Catholic Majesty, claiming indemnity for those
Spanish subjects in New Orleans who sustained injury from the unlawful
violence of the mob in that city consequent upon hearing the news of the
execution of those persons who unlawfully invaded Cuba in August, 1851.
My own views of the national liability upon this subject were expressed
in the note of the Secretary of State to Mr. Calderon of the 13th
November, 1851, and I do not understand that Her Catholic Majesty's
minister controverts the correctness of the position there taken. He,
however, insists that the thirteenth article of the treaty of 1795
promises indemnity for such injuries sustained within one year after
the commencement of war between the two nations, and although he admits
this is not within the letter of the treaty, yet he conceives that, as
between two friendly nations, it is within the spirit of it.
This view of the case is at his request submitted for your
consideration, but whether you may deem it correct or not, there is,
perhaps, one ground upon which this indemnity, which can not be large in
amount, may be granted without establishing a dangerous precedent, and
the granting of which would commend itself to the generous feelings
of the entire country, and that is this: The Queen of Spain, with a
magnanimity worthy of all commendation, in a case where we had no legal
right to solicit the favor, granted a free pardon to all the persons who
had so unjustifiably invaded her dominions and murdered her subjects in
Cuba, in violation of her own laws as well as those of the United States
and the public law of nations. Such an act of mercy, which restored many
misguided and unfortunate youth of this country to their parents and
friends, seems to me to merit some corresponding act of magnanimity
and generosity on the part of the Government of this country, and I
think that there can be none more appropriate than to grant an indemnity
to those Spanish subjects who were resident among us and who suffered
by the violence of the mob, not on account of any fault which they
themselves had committed, but because they were the subjects of the
Queen of Spain. Such an act would tend to confirm that friendship which
has so long existed between the two nations and to perpetuate it as a
blessing to both, and I therefore recommend it to your favorable
consideration.
MILLARD FILLMORE.
WASHINGTON, _June 22, 1852_.
_To the Senate of the United States_:
I transmit herewith a report from the Secretary of State, with the
accompanying documents,[21] in compliance with the Senate's resolution
of the 29th of April last.
MILLARD FILLMORE.
[Footnote 21: Correspondence of the American charge at Vienna on the
subject of the apprehension and imprisonment by the Austrian authorities
of Rev. Charles L. Brace, an American citizen.]
WASHINGTON, _June 22, 1852_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to
ratification, a convention for the mutual delivery of criminals
fugitives from justice in certain cases between the United States on
the one part and Prussia and other States of the Germanic Confederation
on the other part, signed in this city on the 16th instant.
MILLARD FILLMORE.
WASHINGTON, _June 23, 1852_.
_To the Senate of the United States_:
I transmit herewith a report from the Secretary of State, with the
accompanying documents,[22] in compliance with the Senate's resolution
of the 3d instant.
MILLARD FILLMORE.
[Footnote 22: Correspondence relative to the withdrawal of Mr. Huelsemann,
charge d'affaires from Austria to the United States.]
WASHINGTON, _June 26, 1852_.
_To the Senate of the United States_:
I transmit and commend to the consideration of the Senate a report from
the Secretary of State, touching the convention between the United
States and the Mexican Republic for the mutual extradition of fugitives
from justice in certain cases, which convention I submitted to the
Senate soon after I entered upon the office of President of the United
States.
MILLARD FILLMORE.
DEPARTMENT OF STATE,
_Washington, June 26, 1852_.
The PRESIDENT OF THE UNITED STATES:
It was understood that at the close of the Administration of your
predecessor an extradition treaty was concluded in this city between the
United States and the Mexican Republic, which, however, was submitted to
the Senate by yourself, but before I entered upon my present office.
It is presumed that as the treaty has not been returned to this
Department the Senate has made no decision in regard to it.
The necessity for a compact upon that subject between the two
Governments, whose territories, being conterminous, afford great
facilities for wrongdoers in the one to screen themselves from
punishment by seeking refuge in the other, would at all times be
obvious, but at the present juncture may be considered as urgent.
I would consequently suggest that the attention of the Senate be
respectfully invited to the matter, in order that if the treaty before
them should be deemed objectionable another, embodying such amendments
as may be supposed to be necessary, may be proposed to the Mexican
Government.
Respectfully submitted,
DANL. WEBSTER.
WASHINGTON, _June 26, 1852_.
_To the Senate of the United States_:
I have received and taken into respectful consideration the resolution
of the Senate of yesterday, adopted in executive session, requesting
information in regard to supposed negotiations between the United States
and Great Britain and between the United States and the Republics of
Nicaragua and Costa Rica, respectively. Any information which may be in
the possession of the Executive on these subjects shall in due time be
laid before the Senate, but it is apprehended that it would not comport
with the public interests to communicate it under existing
circumstances.
MILLARD FILLMORE.
WASHINGTON, _June 26, 1852_.
_To the Senate of the United States_:
I have received the resolution of the Senate of the 11th instant, passed
in executive session, making inquiry respecting supposed propositions
of the King of the Sandwich Islands to convey the sovereignty of those
islands to the United States and requesting all official information in
my possession touching the subject.
This request has been taken into the most respectful consideration, but
the conclusion at which I have arrived is that the public interest would
not be promoted, but, on the contrary, might under circumstances of
possible occurrence, be seriously endangered if it were now to be
complied with.
MILLARD FILLMORE.
WASHINGTON CITY, _July 1, 1852_.
_To the Senate of the United States_:
On the 26th ultimo I received a resolution of the Senate, passed in
executive session, in the following words:
_Resolved,_ That the President of the United States be requested to
inform the Senate, if not in his opinion incompatible with the public
interest, whether any convention or compact has been entered into on the
part of the United States and the Government of Great Britain whereby
the two Governments jointly recommend or advise the Republics of Costa
Rica and Nicaragua, or either of those Republics, and the Mosquito
Indians, inhabiting the Mosquito Coast, in Central America, on matters
affecting their several and respective boundaries, or whereby any
recommendation or advice is given to either of said Republics or said
Indians respecting the territorial rights thereafter to be enjoyed or
observed by them respectively, or in any other manner affecting or
regulating the relations hereafter to be maintained between said
Republics themselves, or either of them, and the said Indians concerning
their territorial boundaries or other matters thereto appertaining. And
if there be any such convention or compact, then that the President be
requested to communicate the same, or a copy thereof, to the Senate, and
to inform the Senate whether the same was made at the request or
invitation of either of said Republics or of said Indians, or with their
privity, approbation, or consent. And that the President be further
requested to communicate to the Senate copies of all correspondence
between the Executive and Great Britain, or with either of said
Republics of Central America, touching said convention, and of all
documents connected therewith. And if such convention or compact has
been made, that the President be further requested to inform the Senate
whether the same has been formally communicated to the respective
Governments of Nicaragua and Costa Rica and the Mosquito Indians on the
part of the Governments of Great Britain and the United States, and in
what form such communications have been made to them, and that he lay
before the Senate copies of any instructions that have been given to the
representatives or agents of the United States at Nicaragua and Costa
Rica touching such convention and the matters therein contained, with
copies of like instructions to any naval officer of the United States
relating to or in any manner concerning the said convention or its
communication to said Republics or said Indians.
On the same day I returned the following answer to that resolution:
I have received and taken into respectful consideration the resolution
of the Senate of yesterday, adopted in executive session, requesting
information in regard to supposed negotiations between the United States
and Great Britain and between the United States and the Republics of
Nicaragua and Costa Rica, respectively. Any information which may be in
the possession of the Executive on these subjects shall in due time be
laid before the Senate, but it is apprehended that it would not comport
with the public interests to communicate it under existing
circumstances.
Great was my surprise to observe this morning in one of the public
journals a statement of what purports to be a proposition, jointly
signed by Her Britannic Majesty's minister here and the Secretary of
State, for the adjustment of certain claims to territory between
Nicaragua, Costa Rica, and the Mosquito Indians. I have caused immediate
inquiry to be made into the origin of this highly improper publication,
and shall omit no proper or legal means for bringing it to light.
Whether it shall turn out to have been caused by unfaithfulness or
breach of duty in any officer of this Government, high or low, or by
a violation of diplomatic confidence, the appropriate remedy will be
immediately applied, as being due not only to this Government, but to
other governments. And I hold this communication to be especially proper
to be made immediately by me to the Senate, after what has transpired
on this subject, that the Senate may be perfectly assured that no
information asked by it has been withheld and at the same time permitted
to be published to the world.
This publication can not be considered otherwise than as a breach of
official duty by some officer of the Government or a gross violation of
the confidence necessary always to be reposed in the representatives of
other nations. An occurrence of this kind can not but weaken the faith
so desirable to be preserved between different governments and to injure
the negotiations now pending, and it merits the severest reprobation.
MILLARD FILLMORE.
WASHINGTON CITY, _July 2, 1852_.
_To the Senate of the United States_:
I herewith transmit, for the advice and consent of the Senate, a treaty
recently negotiated with the Chickasaw Nation of Indians.
The nature and objects of the treaty are fully explained by the report
of Mr. Harper, who negotiated it in behalf of the United States.
MILLARD FILLMORE.
WASHINGTON, _July 2, 1852_.
_To the Senate and House of Representatives_:
By an act of Congress approved on the 10th day of February, 1852, an
appropriation of $6,000 was made for the relief of _American citizens_
then lately imprisoned and pardoned by the Queen of Spain, intended
to provide for the return of such of the Cuban prisoners as were
citizens of the United States who had been transported to Spain and
there pardoned by the Spanish Government. It will be observed that no
provision was made for such foreigners or aliens as were engaged in the
Cuban expedition, and who had shared the fate of American citizens, for
whose relief the said act was intended to provide. I now transmit a
report from the First Comptroller, with accompanying papers, from which
it will be perceived that fifteen foreigners were connected with that
expedition, who were also pardoned by the Queen of Spain, and have been
transported to the United States under a contract made with our consul,
at an expense of $1,013.34, for the payment of which no provision
has been made by law. The consul having evidently acted with good
intentions, the claim is submitted for the consideration of Congress.
MILLARD FILLMORE.
WASHINGTON, _July 13, 1852_.
_To the House of Representatives_:
In answer to the resolution of the House of Representatives requesting
information relative to the policy of the Government in regard to the
island of Cuba, I transmit a report from the Department of State and
the documents by which it was accompanied.
MILLARD FILLMORE.
EXECUTIVE MANSION,
_Washington City, July 26, 1852_.
_To the Senate of the United States_:
In obedience to your resolution adopted in executive session June 11,
1852, I have the honor herewith to communicate a report[23] from the
Secretary of the Interior, containing the information called for by that
resolution.
MILLARD FILLMORE.
[Footnote 23: Relating to the boundary line between the United States
and Mexico.]
WASHINGTON, _July 27, 1852_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 19th instant,
requesting the correspondence between the Government of the United
States and that of the Mexican Republic respecting a right of way
across the Isthmus of Tehuantepec, I transmit a report from the
Department of State and the documents by which it was accompanied.
MILLARD FILLMORE.
WASHINGTON, _July 29, 1852_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 27th instant,
I transmit the copy of the notes[24] of Mr. Luis de la Rosa and Mr.
J.M. Gonzales de la Vega, which it requests.
MILLARD FILLMORE.
[Footnote 24: Upon the subject of the American and Mexican boundary
commission.]
WASHINGTON, _July 31, 1852_.
_To the Senate of the United States_:
I communicate to the Senate herewith, for its constitutional action
thereon, nineteen treaties negotiated by commissioners on the part of
the United States with various tribes of Indians in the Territory of
Oregon, accompanied by a letter to me from the Secretary of the Interior
and certain documents having reference thereto.
MILLARD FILLMORE.
WASHINGTON, _August 2, 1852_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 23d ultimo, requesting
information in regard to the fisheries on the coasts of the British
possessions in North America, I transmit a report from the Acting
Secretary of State and the documents by which it was accompanied.
Commodore M.C. Perry, with the United States steam frigate _Mississippi_
under his command, has been dispatched to that quarter for the purpose
of protecting the rights of American fishermen under the convention of
1818.
MILLARD FILLMORE.
WASHINGTON, _August 9, 1852_.
_To the House of Representatives of the United States_:
I transmit a report from the Acting Secretary of State and the documents
by which it was accompanied, in answer to a resolution of the House of
Representatives of the 22d ultimo, on the subject of the fisheries, and
state for the information of that House that the United States steam
frigate _Mississippi_ has been dispatched to the fishing grounds on the
coasts of the British possessions in North America for the purpose of
protecting the rights of American fishermen under the convention between
the United States and Great Britain of the 20th of October, 1818.
MILLARD FILLMORE.
WASHINGTON, _August 10, 1852_.
_To the Senate of the United States_:
I transmit a copy of the certificate of the exchange of the
ratifications of the general convention of peace, amity, commerce, and
navigation between the United States and the Republic of San Salvador,
signed at Leon, in Nicaragua, on the 2d of January, 1850. It will be
seen that the exchange was not effected until the 2d of June last, but
that it was stipulated that the convention was not to be binding upon
either of the parties thereto until the Senate of the United States
should have duly sanctioned the exchange.
The Senate by its resolution of the 27th of September, 1850, authorized
the exchange to take place at any time prior to the 1st of April, 1851.
Mr. Kerr, the charge d'affaires of the United States to Nicaragua,
however, who was authorized to make the exchange on the part of this
Government, was unavoidably detained in that Republic, in consequence of
which the exchange could not be effected within the period referred to.
The expediency of sanctioning the exchange which has been made by
Mr. Kerr, and of authorizing the convention to go into effect, is
accordingly submitted to the consideration of the Senate.
MILLARD FILLMORE.
WASHINGTON, _August 12, 1852_.
_To the Senate of the United States_:
In answer to the resolution of the Senate dated the 20th ultimo,
requesting information in regard to controversies between the consul of
the United States at Acapulco and the Mexican authorities, I transmit
a report from the Secretary of State and the documents by which it was
accompanied.
MILLARD FILLMORE.
WASHINGTON, _August 13, 1852_.
_To the Senate of the United States_:
I transmit a report from the Secretary of State upon the subject of the
relations between the United States and the Republics of Nicaragua and
Costa Rica, in Central America, which has been delayed longer than I
desired in consequence of the ill health of the Secretary of State.
MILLARD FILLMORE.
WASHINGTON, _August 14, 1852_.
_To the Senate of the United States_:
I have received a resolution from your honorable body of the 6th
instant, appearing to have been adopted in open legislative session,
requesting me "to inform the Senate, if not incompatible with the public
interests, whether any propositions have been made by the King of the
Sandwich Islands to transfer the sovereignty of these islands to the
United States, and to communicate to the Senate all the official
information on that subject in my possession;" in reply to which I have
to state that on or about the 12th day of June last I received a similar
resolution from the Senate adopted in executive or secret session, to
which I returned an answer stating that in my opinion a communication of
the information requested at that juncture would not comport with the
public interest. Nothing has since transpired to change my views on that
subject, and I therefore feel constrained again to decline giving the
information asked.
MILLARD FILLMORE.
WASHINGTON, _August 21, 1852_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 9th instant, requesting
information touching the Lobos Islands, I transmit a report from the
Secretary of State and the documents by which it was accompanied. The
instructions to the squadron of the United States called for by the
resolution will be communicated on an early future occasion.
MILLARD FILLMORE.
WASHINGTON, _August 27, 1852_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 14th ultimo, requesting
a copy of the correspondence of Mr. R.M. Walsh while he was employed
as a special agent of this Government in the island of St. Domingo,
I transmit a report from the Secretary of State and the documents by
which it was accompanied.
MILLARD FILLMORE.
WASHINGTON, _August 27, 1852_.
_To the Senate of the United States_:
I transmit a further report from the Secretary of State relative to the
Lobos Islands. This report is accompanied by a copy of the orders of the
Navy Department to Commodore McCauley, requested by the resolution of
the Senate of the 9th instant.
MILLARD FILLMORE.
WASHINGTON, _August 27, 1852_.
_To the Senate of the United States_:
As it is not deemed advisable that the instruction to Mr. R.M. Walsh,[25]
a copy of which is herewith transmitted, should be published at this
time, I communicate it confidentially to the Senate in executive
session.
MILLARD FILLMORE.
[Footnote 25: Special agent of the United States in the island of St.
Domingo.]
WASHINGTON, _August 27, 1852_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to
ratification, a supplementary convention relative to commerce and
navigation between the United States and the Netherlands, signed
in this city on the 26th instant.
MILLARD FILLMORE.
WASHINGTON, _August 27, 1852_.
_To the Senate of the United States_:
I transmit to the Senate, for its consideration with a view to
ratification, a convention between the United States and Belgium for
regulating the right of inheriting and acquiring property, signed in
this city on the 25th instant.
MILLARD FILLMORE.
WASHINGTON, _August 31, 1852_.
_To the Senate of the United States_:
In answer to the resolution of the Senate of the 21st instant,
requesting information in respect to foreign postal arrangements, and
especially cheap ocean postage, I transmit a report of the Secretary
of State and the documents by which it was accompanied.
MILLARD FILLMORE.
EXECUTIVE ORDERS.
WASHINGTON CITY,
_May 17, 1852_.
The SECRETARY OF WAR.
MY DEAR SIR: I have just issued an authority to Hugh Maxwell, collector
at New York, under the eighth section of the act of April 20, 1818,
to arrest any unlawful expedition that may be attempted to be fitted
out within his district, and I have given him power to call upon
any military and naval officers that may be there to aid him in the
execution of this duty; and I will thank you to issue the necessary
instructions to the proper military officer in that district.
I am, your obedient servant,
MILLARD FILLMORE.
WASHINGTON CITY,
_Tuesday, June 29, 1852--12.30 o'clock p.m._
SIR:[26] The tolling bells announce the death of the Hon. Henry Clay.
Though this event has been long anticipated, yet the painful bereavement
could never be fully realized. I am sure all hearts are too sad at this
moment to attend to business, and I therefore respectfully suggest that
your Department be closed for the remainder of the day.