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To the Senate of the United States:

WASHINGTON, June 20, 1854.

I transmit to the Senate, for its consideration with a view to ratification, a treaty extending the right of fishing and regulating the commerce and navigation between Her Britannic Majesty's possessions in North America and the United States, concluded in this city on the 5th instant between the United States and Her Britannic Majesty.

FRANKLIN PIERCE.

WASHINGTON, June 24, 1854.

To the Senate and House of Representatives:

I transmit to Congress the copy of two communications of the 26th ultimo and 4th instant, respectively, from Her Britannic Majesty's minister accredited to this Government to the Secretary of State, relative to the health on shipboard of immigrants from foreign countries to the United States. This was the subject of my message to Congress of the 27th of April last. FRANKLIN PIERCE.

To the Senate of the United States:

WASHINGTON CITY, June 29, 1854.

I herewith communicate to the Senate, for its constitutional action thereon, three treaties recently negotiated in this city by George W. Manypenny, as commissioner on the part of the United States; one concluded on the 19th ultimo with the delegates of the Shawnee Indians, one on the 5th instant with the Miami Indians, and the other on the 30th ultimo with the united tribes of Kaskaskia and Peoria and Wea and Piankeshaw Indians.

To the Senate of the United States:

FRANKLIN PIERCE.

WASHINGTON, July 3, 1854.

I transmit herewith to the Senate, for its constitutional action thereon, an article of agreement made on the 13th day of June, 1854, by William H. Garrett, agent on the part of the United States, and a delegation of Creek Indians, supplementary to the Creek treaty of 1838.

To the Senate of the United States:

FRANKLIN PIERCE.

WASHINGTON, July 5, 1854.

In compliance with the resolution of the Senate of the 1st instant, I herewith return the articles of convention made and concluded with the Winnebago Indians on the 6th of August, 1853, together with the Senate resolution of the 9th ultimo, advising and consenting to the ratification of the same with amendments. FRANKLIN PIERCE.

To the House of Representatives:

WASHINGTON, July 12, 1854.

I transmit herewith the inclosed communication from the Secretary of the Navy, respecting the observations of Lieutenant James M. Gillis, of the United States Navy, and the accompanying documents.*

To the Senate of the United States:

FRANKLIN PIERCE.

WASHINGTON, July 12, 1854.

I transmit to the Senate, for its consideration with a view to ratification, a treaty between the United States and the Empire of Japan, signed at Kanagawa on the 31st day of March last by the plenipotentiaries of the two Governments. The Chinese and Dutch translations of the instrument and the chart and sketch to which it refers are also herewith communicated.

To the Senate of the United States:

FRANKLIN PIERCE.

WASHINGTON, July 17, 1854.

I transmit to the Senate, for its consideration with a view to ratification, a convention between the United States and Her Britannic Majesty for the extension of the period limited for the duration of the mixed commission under convention between the United States and Great Britain of the 8th of February, 1853.

To the House of Representatives:

FRANKLIN PIERCE.

WASHINGTON, July 19, 1854.

I transmit a report from the Secretary of State, with accompanying papers,† in answer to the resolution of the House of Representatives of the 6th of February last. FRANKLIN PIERCE.

To the Senate of the United States:

WASHINGTON, July 22, 1854.

I have this day given my signature to the "Act making further ap propriations for the improvement of the Cape Fear River, in North Carolina."

The occasion seems to render it proper for me to deviate from the ordinary course of announcing the approval of bills by an oral statement only, and, for the purpose of preventing any misapprehension which might otherwise arise from the phraseology of this act, to communicate in writing that my approval is given to it on the ground that the obstructions which the proposed appropriation is intended to remove are the result of acts of the General Government.

FRANKLIN PIERCE.

* Report of the United States naval astronomical expedition to the Southern Hemisphere. † Correspondence of Humphrey Marshall, commissioner to China.

To the Senate of the United States:

WASHINGTON, July 24, 1854.

I transmit to the Senate, for its consideration with a view to ratification, a convention concerning the rights of neutrals, concluded in this city on the 22d instant between the United States and His Majesty the Emperor of all the Russias. FRANKLIN PIERCE.

To the Senate of the United States:

WASHINGTON, July 26, 1854.

I transmit a report from the Secretary of State, in answer to the resolution of the Senate of the 23d of May last, relative to the slave trade in the island of Cuba.

The information contained in the papers accompanying the report will, it is believed, be considered important, and perhaps necessary to enable the Senate to form an opinion upon the subjects to which they relate; but doubts may be entertained in regard to the expediency of publishing some of the documents at this juncture.

This communication is accordingly addressed to the Senate in executive session, in order that a discretion may be exercised in regard to its publication.

The PRESIDENT OF THE SENATE:

FRANKLIN PIERCE.

WASHINGTON, July 27, 1854.

In compliance with the resolution of the Senate of the 24th instant, requesting me to cause to be transmitted to the Senate the Fourth Meteorological Report of Professor Espy, the accompanying papers and charts are respectfully submitted.

FRANKLIN PIERCE.

To the Senate of the United States:

WASHINGTON, July 29, 1854.

In compliance with the Senate resolution of the 10th July instant, requesting that I would "cause to be communicated to the Senate copies of all the correspondence and other official documents on file in the Department of the Interior respecting the claims of persons for services performed and supplies and subsistence furnished to Indians in California under contracts with Indian agents in the year 1851, and embracing the names of claimants, the amount, respectively, of their claims, on what account created and by what authority, if any," I transmit herewith a communication from the Secretary of the Interior, accompanied by copies of all the papers called for which have not heretofore been furnished. As it appears that most of the papers called for were communicated to the Senate at its first and special sessions of the Thirty-second Congress, I have

not supposed that it was the intention of the Senate to have them again sent, and I have therefore not directed them to be copied.

FRANKLIN PIERCE.

WASHINGTON, July 31, 1854.

To the Senate of the United States:

In compliance with a resolution of the Senate of the 28th instant, requesting information in respect to the bombardment of San Juan de Nicaragua, I transmit reports from the Secretaries of State and of the Navy, with the documents which accompanied them.

To the House of Representatives:

FRANKLIN PIERCE.

WASHINGTON, July 31, 1854.

In answer to the resolution of the House of Representatives of the 28th instant, requesting information in regard to the destruction of San Juan de Nice agua, I transmit reports from the Secretaries of State and of the Navy with the documents accompanying them.

FRANKLIN PIERCE.

To the Senate of the United States:

WASHINGTON, August 1, 1854.

I hasten to respond briefly to the resolution of the Senate of this date, "requesting the President to inform the Senate, if in his opinion it be not incompatible with the public interest, whether anything has arisen since the date of his message to the House of Representatives of the 15th of March last concerning our relations with the Government of Spain which in his opinion may dispense with the suggestions therein contained touching the propriety of 'provisional measures' by Congress to meet any exigency that may arise in the recess of Congress affecting those relations."

In the message to the House of Representatives referred to I availed. myself of the occasion to present the following reflections and suggestions:

In view of the position of the island of Cuba, its proximity to our coast, the relations which it must ever bear to our commercial and other interests, it is vain to expect that a series of unfriendly acts infringing our commercial rights and the adoption of a policy threatening the honor and security of these States can iong consist with peaceful relations.

In case the measures taken for amicable adjustment of our difficulties with Spain should, unfortunately, fail, I shall not hesitate to use the authority and means which Congress may grant to insure the observance of our just rights, to obtain redress for injuries received, and to vindicate the honor of our flag.

In anticipation of that contingency, which I earnestly hope may not arise, I suggest to Congress the propriety of adopting such provisional measures as the exigency may seem to demand.

M P-VOL IV-31

The two Houses of Congress may have anticipated that the hope then expressed would be realized before the period of its adjournment, and that our relations with Spain would have assumed a satisfactory condition, so as to remove past causes of complaint and afford better security for tranquillity and justice in the future. But I am constrained to say that such is not the fact. The formal demand for immediate reparation in the case of the Black Warrior, instead of having been met on the part of Spain by prompt satisfaction, has only served to call forth a justification of the local authorities of Cuba, and thus to transfer the responsibility for their acts to the Spanish Government itself.

Meanwhile information, not only reliable in its nature, but of an official character, was received to the effect that preparation was making within the limits of the United States by private individuals under military organization for a descent upon the island of Cuba with a view to wrest that colony from the dominion of Spain. International comity, the obligations of treaties, and the express provisions of law alike required, in my judgment, that all the constitutional power of the Executive should be exerted to prevent the consummation of such a violation of positive law and of that good faith on which mainly the amicable relations of neighboring nations must depend. In conformity with these convictions of public duty, a proclamation was issued to warn all persons not to participate in the contemplated enterprise and to invoke the interposition in this behalf of the proper officers of the Government. No provocation whatever can justify private expeditions of hostility against a country at peace with the United States. The power to declare war is vested by the Constitution in Congress, and the experience of our past history leaves no room to doubt that the wisdom of this arrangement of constitutional power will continue to be verified whenever the national interest and honor shall demand a resort to ultimate measures of redress. Pending negotiations by the Executive, and before the action of Congress, individuals could not be permitted to embarrass the operations of the one and usurp the powers of the other of these depositaries of the functions of Government.

I have only to add that nothing has arisen since the date of my former message to "dispense with the suggestions therein contained touching the propriety of provisional measures by Congress.'

To the Senate of the United States:

FRANKLIN PIERCE.

WASHINGTON, August 2, 1854.

I transmit herewith a report of the Secretary of State, with the accompanying documents,* in answer to the resolution of the Senate of the 5th ultimo.

FRANKLIN PIERCE.

*Correspondence relative to the imprisonment of George Marsden and to the seizure of the cargo of the American bark Griffon by the authorities of Brazil.

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