vessels, no contributions could have been collected, and the enemy would have been furnished with goods without the exaction from him of any contribution whatever, and would have been thus benefited by our military occupation, instead of being made to feel the evils of the war. In order to levy these contributions, and to make them available for the support of the army, it became, therefore, absolutely necessary that they should be collected upon imports into Mexican ports, whether in vessels belonging to citizens of the United States or to foreigners.

It was deemed proper to extend the privilege to vessels and their cargoes belonging to neutral nations. It has been my policy, since the commencement of the war with Mexico, to act justly and liberally toward all neutral nations, and to afford to them no just cause of complaint; and we have seen the good consequences of this policy by the general satisfaction which it has given.

In answer to the inquiry contained in the resolution as to the rates of duties imposed, I refer you to the documents which accompanied my annual message of the 7th of December last, which contain the information.

From the accompanying reports of the secretary of war and the secretary of the navy, it will be seen that the contributions have been collected on all vessels and cargoes, whether American or foreign; but the returns to the department do not show, with exactness, the amounts collected on American as distinguishable from foreign vessels and merchandise.

SPECIAL MESSAGE.

FEBRUARY 10, 1848.

To the House of Representatives of the United States :—

In answer to the resolution of the house of representatives of the 7th instant, I transmit herewith a report from the secretary of state.

No communication has been received from Mexico "containing propositions from the Mexican authorities or commissioners for a treaty of peace," except the "counter projet" presented by the Mexican commissioners to the commissioners of the United States on the 6th of September last, a copy of which, with the documents accompanying it, I communicated to the senate of the United States on the second instant. A copy of my communication to the senate embracing this "projet" is here with communicated.

MEXICAN TREATY MESSAGE.

FEBRUARY 22, 1848.

To the Senate of the United States :

I LAY before the senate, for their consideration and advice as to its ratification, a treaty of peace, friendship, limits, and settlement, signed at the city of Guadalupe Hidalgo, on the second day of February, 1848, by N. P. Trist, on the part of the United States, and by plenipotentiaries appointed for that purpose on the part of the Mexican government.

I deem it to be my duty to state that the recall of Mr. Trist as commissioner of the United States, of which Congress was informed in my annual message, was dictated by a belief that his continued presence with the army could be productive of no good, but might do much harm by encouraging the delusive hopes and false impressions of the Mexicans; and that his recall would satisfy Mexico that the United States had no terms of peace more favorable to offer. Directions were given that any propositions for peace, which Mexico might make, should be received and transmitted, by the commanding general of our forces, to the United States. It was not expected that Mr. Trist would remain in Mexico, or continue in the exercise of the functions of the office of commissioner, after he received his letter of recall. He has, however, done so, and the plenipotentiaries of the government of Mexico, with a knowledge of the fact, have concluded with him this treaty. I have examined it with a full sense of the extraneous circumstances attending its conclusion and signature, which might be objected to; but, conforming as it does, substantially, on the main questions of boundary and indemnity, to the terms which our commissioner, when he left the United States in April last, was authorized to offer, and animated, as I am, by the spirit which has governed all my official conduct toward Mexico, I have felt it to be my duty to submit it to the senate for their consideration, with a view to its ratification.

To the tenth article of the treaty there are serious objections, and no instructions given to Mr. Trist contemplated or authorized its insertion. The public lands within the limits of Texas belong to that state, and this government has no power to dispose of them, or to change the conditions of grants already made. All valid titles to lands within the other territories ceded to the United States will remain unaffected by the change of sovereignty; and I therefore submit that this article should not be ratified as a part of the treaty.

There may be reason to apprehend that the ratification of the "additional and secret article" might unreasonably delay and embarrass the final action on the treaty by Mexico. I therefore submit whether that article should not be rejected by the senate.

If the treaty shall be ratified as proposed to be amended, the cessions of territory made by it to the United States as indemnity, the provision for the satisfaction of the claims of our injured citizens, and the permanent establishment of the boundary of one of the states of the Union, are objects gained of great national importance; while the magnanimous forbearance exhibited toward Mexico, it is hoped, may insure a lasting peace and good neighborhood between the two countries.

I communicate here with a copy of the instructions given to Mr. Slidell in November, 1845, as envoy extraordinary and minister plenipotentiary to Mexico; a copy of the instructions given to Mr. Trist in April last, and such of the correspondence of the latter with the department of state, not heretofore communicated to Congress, as will enable the senate to understand the action which has been had with a view to the adjustment of our difficulties with Mexico.

1704

SPECIAL MESSAGE.

FEBRUARY 28, 1848.

To the Senate of the United States :—

In answer to the resolution of the senate of the 24th instant, requesting to be informed whether the active operations of the army of the United States in Mexico, have been, and now are, suspended, and, if so, by whose agency, and in virtue of what authority, such armistice has been effected, I have to state, that I have received no information relating to the subject, other than that communicated to the senate with my executive message of the 22d instant.

SPECIAL MESSAGE.

FEBRUARY 29, 1848.

To the Senate of the United States :—

In compliance with the resolution of the senate, passed in "executive session" on yesterday, requesting the president "to communicate to the senate in confidence the entire correspondence between Mr. Trist and the Mexican commissioners, from the time of his arrival in Mexico until the time of the negotiation of the treaty submitted to the senate; and also the entire correspondence between Mr. Trist and the secretary of state, in relation to his negotiations with the Mexican commissioners; also, all the correspondence between General Scott and the government, and between General Scott and Mr. Trist, since the arrival of Mr. Trist in Mexico, which may be in possession of the government," I transmit herewith the correspondence called for. These documents are very voluminous, and presuming that the senate desired them in reference to early action on the treaty with Mexico, submitted to the consideration of that body by my message of the 22d instant, the originals of several of the letters of Mr. Trist are herewith communicated, in order to save the time which would necessarily be required to make copies of them. These original letters it is requested may be returned when the senate shall have no further use for them. The letters of Mr. Trist to the secretary of state, and especially such of them as bear date subsequent to the receipt by him of his letter of recall as commissioner, it will be perceived, contain much matter that is impertinent, irrelevant, and highly exceptionable. Four of these letters, bearing date respectively the 29th of December, 1847, January 12, January 22, and January 25, 1848, have been received since the treaty was submitted to the senate. In the latter, it is stated that the Mexican commissioners who signed the treaty derived "their full powers bearing date on the 30th of December, 1847, from the president ad interim of the republic (General Anaya), constitutionally elected to that office in November by the sovereign constituent Congress" of Mexico. It is impossible that I can approve the conduct of Mr. Trist in disobeying the positive orders of his government, contained in the letter recalling him, or do otherwise than condemn much of the matter with which he has chosen to encumber his voluminous correspondence. Though all of his acts, since his recall, might have been disavowed by his government, yet Mexico can take no

such exception. The treaty which the Mexican commissioners have negotiated with him, with a full knowledge on their part that he had been recalled from his mission, is binding on Mexico.

Looking at the actual condition of Mexico, and believing that, if the present treaty be rejected, the war will probably be continued, at great expense of life and treasure, for an indefinite period; and considering that the terms, with the exceptions mentioned in my message of the 22d instant, conformed substantially, so far as relates to the main question of boundary, to those authorized by me in April last, I considered it to be my solemn duty to the country, uninfluenced by the exceptionable conduct of Mr. Trist, to submit the treaty to the senate, with a recommendation that it be ratified with the modifications suggested.

Nothing contained in the letters received from Mr. Trist since it was submitted to the senate has changed my opinion on the subject.

The resolution also calls for "all the correspondence between General Scott and the government since the arrival of Mr. Trist in Mexico." A portion of that correspondence, relating to Mr. Trist and his mission, accompanies this communication. The remainder of the "correspondence between General Scott and the government" relates mainly, if not exclusively, to military operations. A part of it was communicated to Congress with my annual message, and the whole of it will be sent to the senate if it shall be desired by that body.

As coming within the purview of the resolution, I also communicate copies of the letters of the secretary of war to Major-General Butler, in reference to Mr. Trist's remaining at the headquarters of the army in the assumed exercise of his powers of commissioner.

SPECIAL MESSAGE.

MARCH 7, 1848.

To the Senate of the United States :

I LAY before the senate a letter of the 12th of February, 1848, from N. P. Trist, together with the authenticated map of the United Mexican States, and of the plan of the port of San Diego, referred to in the fifth article of the treaty" of peace, friendship, limits, and settlement, between the United States of America and the Mexican republic;" which treaty was transmitted to the senate with my message of the 22d ultimo.

SPECIAL MESSAGE.

MARCH 8, 1848.

To the Senate of the United States :

In answer to the resolution of the senate of this date, requesting the president "to inform the senate of the terms of the authority given to Mr. Trist to draw for the three millions of dollars authorized by the act of the 2d of March, 1847," I communicate here with a report from the secretary of state, with the accompanying documents, which contain the information called for.

SPECIAL MESSAGE.

MARCH 8, 1848.

To the Senate of the United States :

IN answer to the resolution of the senate of this date, requesting the president to communicate to that body "confidentially, any additional despatches which may have been received from Mr. Trist, and especially those which are promised by him, in his letter to Mr. Buchanan of the 2d of February last, if the same have been received," I have to state that all the despatches which have been received from Mr. Trist have been heretofore communicated to the senate.

SPECIAL MESSAGE.

MARCH 15, 1848.

To the House of Representatives :

I COMMUNICATE, herewith, a copy of the constitution of state government formed by a convention of the people of the territory of Wisconsin, in pursuance of the act of Congress of August 6, 1846, entitled "An act to enable the people of Wisconsin territory to form a constitution and state government, and for the admission of such state into the Union."

I communicate, also, the documents accompanying the constitution, which have been transmitted to me by the president of the convention.

SPECIAL MESSAGE.

MARCH 20, 1848.

To the House of Representatives :

I TRANSMIT, herewith, reports from the secretary of state and the secretary of war, with the accompanying documents, in compliance with the resolution of the house of representatives of the 7th of February, 1848, requesting the president to communicate to that house "copies of all correspondence between the secretary of war and Major-General Scott, and between the secretary of war and Major-General Taylor, and between Major-General Scott and N. P. Trist, late commissioner of the United States to Mexico, and between the latter and secretary of state, which has not heretofore been published, and the publication of which may not be incompatible with the public interest."