has been at the same time the head of the church called the Latter Day Saints, and professes to govern its members, and dispose of their property, by direct inspiration and authority from the Almighty. His power has been, therefore, absolute over both Church and State.

"The people of Utah almost exclusively belong to this church; and, believing with a fanatical spirit that he is Governor of the territory by divine appointment, they obey his commands as if they were direct revelations from heaven. If, therefore, he chooses that his Government shall come into collision with the Government of the United States, the members of the Mormon Church will yield implicit obedience to his will. Unfortunately, existing facts leave but little doubt that such is his determination. Without entering upon a minute history of occurrences, it is sufficient to say that all the officers of the United States, judicial and executive, with the single exception of two Indian agents, have found it necessary for their own personal safety to withdraw from the territory, and there no longer remains any Government in Utah, but the despotism of Brigham Young. This being the condition of affairs in the territory, I could not mistake the path of duty. As chief executive magistrate, I was bound to restore the supremacy of the constitution and laws within its limits. In order to effect this purpose, I appointed a new Governor and other federal officers for Utah, and sent with them a military force for their protection, and to aid as a posse comitatus, in case of need, in the execution of the laws.

"With the religious opinions

At

of the Mormons, as long as they remained mere opinions, however deplorable in themselves, and revolting to the moral and religious sentiments of all Christendom, I had no right to interfere. Actions alone, when in violation of the constitution and laws of the United States, become the legitimate subjects for the jurisdiction of the civil magistrate. My instructions to Governor Cumming have therefore been framed in strict accordance with these principles. their date, a hope was indulged that no necessity might exist for employing the military in restoring and maintaining the authority of the law; but this hope has now vanished. Governor Young has, by proclamation, declared his determination to maintain his power by force, and has already committed acts of hostility against the United States. Unless he should retrace his steps, the territory of Utah will be in a state of open rebellion. He has committed these acts of open hostility, notwithstanding Major Van Vliet, an officer of the army sent to Utah by the commanding General, to purchase provisions for the troops, had given him the strongest assurances of the peaceful intentions of the Government, and that the troops would only be employed as a posse comitatus when called on by the civil authority to aid in the execution of the laws.

"There is no reason to believe that Governor Young has long contemplated this result. He knows that the continuance of his despotic power depends upon the exclusion of all settlers from the territory, except those who will acknowledge his divine mission, and implicitly obey his will; and that an enlightened public opi

nion there would soon prostrate institutions at war with the laws both of God and man. He has therefore, for several years, in order to maintain his independence, been industriously employed in collecting and fabricating arms and munitions of war, and in disciplining the Mormons for military service. As superintendent of Indian affairs, he has had an opportunity of tampering with the Indian tribes, and exciting their hostile feelings against the United States. This, according to our information, he has accomplished in regard to some of these tribes, while others have remained true to their allegiance, and have communicated his intrigues to our Indian agents. He has laid in a store of provisions for three years, which, in case of necessity, as he informed Major Van Vliet, he will conceal, and then take to the mountains, and bid defiance to all the powers of the Government.'

To

"A great part of all this may be idle boasting; but yet no wise Government will lightly estimate the effort which may be inspired by such frenzied fanaticism as exists among the Mormons in Utah. This is the first rebellion which has existed in our territories, and humanity itself requires that we should put it down in such a manner that it shall be the last. trifle with it, would be to encourage it, and to render it formidable. We ought to go there with such an imposing force, as to convince these deluded people that resist ance would be in vain, and thus spare the effusion of blood. We can in this manner best convince them that we are their friends, not their enemies. In order to accomplish this object it will be necessary, according to the estimate of the War

Department, to raise four additional regiments; and this I earnestly recommend to Congress. At the present moment of depression in the revenues of the country, I am sorry to be obliged to recommend such a measure; but I feel confident of the support of Congress, cost what it may, in suppressing the insurrection, and in restoring and maintaining the sovereignty of the constitution and laws in the territory of Utah.

"THE PACIFIC RAILROAD. Long experience has deeply convinced me that a strict construction of the powers granted to Congress is the only true, as well as the only safe, theory of the constitution. While this principle shall guide my public conduct, I consider it clear that under the war-making power Congress may appropriate money for the construction of a military road through the territories of the United States, when this is absolutely necessary for the defence of any of the States against foreign invasion, The constitution has conferred upon Congress power to declare war,' to raise and support armies,' to provide and maintain a navy,' and to call forth the militia to repel invasions.' These high sovereign powers necessarily involve important and responsible public duties, and among them there is none so sacred and so imperative as that of preserving our soil from the invasion of a foreign enemy. The constitution has therefore left nothing on this point to construction, but expressly requires that the United States shall protect each of them (the States) against invasion.' Now, if a military road over our own territories be indispensably necessary to enable us to meet and repel the invader, it follows, as a

6

necessary consequence, not only that we possess the power, but it is our imperative duty to construct such a road. It would be an absurdity to invest a Government with the unlimited power to make and conduct war, and at the same time deny to it the only means of reaching and defeating the enemy at the frontier. Without such a road it is quite evident we cannot 'protect' California and our Pacific possessions against invasion.' We cannot, by any other means, transport men and munitions of war from the Atlantic States in sufficient time successfully to defend these remote and distant portions of the Republic.

"Experience has proved that the routes across the Isthmus of Central America are at best but a very uncertain and unreliable mode of communication.

But even if this

were not the case, they would at once be closed against us in the event of war with a naval power so much stronger than our own as to enable it to blockade the ports at either end of these routes. After all, therefore, we can only rely upon a military road through our own territories; and ever since the origin of the Government, Congress has been in the practice of appropriating money from the public treasury for the construction of such roads.

"The difficulties and the expense of constructing a military railroad to connect our Atlantic and Pacific States have been greatly exaggerated. The distance on the Arizona route, near the 32nd parallel of north latitude, between the western boundary of Texas on the Rio Grande, and the eastern boundary of California on the Colorado, from the best explorations now within our knowledge, does

not exceed 470 miles, and the face of the country is, in the main, favourable. For obvious reasons the Government ought not to undertake the work itself by means of its own agents. This ought to be committed to other agencies, which Congress might assist either by grants of land or money, or by both, upon such terms and conditions as they may deem most beneficial for the country. Provision might thus be made not only for the safe, rapid, and economical transportation of troops and munitions of war, but also of the public mails. The commercial interests of the whole country, both east and west, would be greatly promoted by such a road, and above all, it would be a powerful additional bond of union. And although advantages of this kind, whether postal, commercial, or political, cannot confer constitutional power, yet they may furnish auxiliary arguments in favour of expediting a work which, in my judgment, is clearly embraced within the war-making power.

"For these reasons I commend to the friendly consideration of Congress the subject of the Pacific Railroad, without finally committing myself to any particular route.

"THE TARIFF. As stated in the report of the Secretary, the tariff of March 3rd, 1857, has been in operation for so short a period of time, and under circumstances so unfavourable to a just development of its results as a revenue measure, that I should regard it as inexpedient, at least for the present, to undertake its revision.

"INCREASE OF THE ARMY.I have already recommended the raising of four additional regiments, and the report of the Se

cretary of War presents strong reasons, proving this increase of the army, under existing circumstances, to be indispensable.

"INCREASE OF THE NAVY. I would call the especial attention of Congress to the recommendation of the Secretary of the Navy in favour of the construction of 10 small war steamers of light draught. For some years the Government has been obliged on many ocasions to hire such steamers from individuals to supply its pressing wants. At the present moment we have no armed vessels in the navy which can penetrate the rivers of China. We have but a few which can enter any of the harbours south of Norfolk, although many millions of foreign and domestic commerce annually pass in and out of these harbours. Some of our most valuable interests and most vulnerable points are thus left exposed. This class of vessels of light draught, great speed, and heavy guns, would be formidable in coast defence. The cost of their construction will not be great, and they will require but a comparatively small expenditure to keep them in commission. In time of peace they will prove as effective as much larger vessels, and often more useful. One of them should be at every station where we maintain a squadron, and three or four should be constantly employed on our Atlantic and Pacific coasts. Economy, utility, and efficiency combine to recommend them as almost indispensable. Ten of these small vessels would be of incalculable advantage to the naval service, and the whole cost of their construction would not exceed 2,300,000 dollars, or 230,000 dol

lars each.

"THE PUBLIC LANDS. Our

system for the disposal of the public lands, originating with the fathers of the Republic, has been improved as experience pointed the way, and gradually adapted to the growth and settlement of our Western States and territories. It has worked well in practice. Already 13 States and seven territories have been carved out of these lands, and still more than a thousand millions of acres remain unsold. What a boundless prospect this presents to our country, of future prosperity and power!

"We have heretofore disposed of 363,862,464 acres of the public land.

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While the public lands, as a source of revenue, are of great importance, their importance is far greater as furnishing homes for a hardy and independent race of honest and industrious citizens, who desire to subdue and cultivate the soil. They ought to be administered mainly with a view of promoting this wise and benevolent policy. In appropriating them for any other purpose we ought to use even greater economy than if they had been converted into money, and the proceeds were already in the public treasury. To squander away this richest and noblest inheritance which any people have ever enjoyed, upon objects of doubtful constitutionality or expediency, would be to violate one of the most important trusts ever committed to any people. While I do not deny to Congress the power, when acting bona fide as a proprietor, to give away portions of them for the purpose of increasing the value of the remainder, yet, considering the great temptation to abuse this power, we cannot be too cautious in its exercise.

"EXTRAVAGANCE IN LEGISLA

TION.-The late disastrous monetary revulsion may have one good effect should it cause both the Government and the people to return to the practice of a wise and judicious economy both in public and private expenditures.

"An overflowing Treasury has led to habits of prodigality and extravagance in our legislation. It has induced Congress to make large appropriations to objects for which they never would have proIvided had it been necessary to raise the amount of revenue required to meet them by increased taxation or by loans. We are now compelled to pause in our career, and to scrutinize our expenditures with the utmost vigilance; and in performing this duty I pledge my co-operation to the extent of my constitutional competency.

"It ought to be observed at the same time that true public economy does not consist in withholding the means necessary to accomplish important national objects entrusted to us by the constitution, and especially such as may be necessary for the common defence. In the present crisis of the country it is our duty to confine our appropriations to objects of this character, unless in cases where justice to individuals may demand a different course. In all cases, care ought to be taken that the money granted by Congress shall be faithfully and economically applied.

"THE VETO POWER. Under the Federal Constitution, every Bill which shall have passed the House of Representatives and the Senate shall, before it becomes a law,' be approved and signed by the President; and, if not approved, he shall return it, with his objections, to that House in

which it originated.' In order to perform this high and responsible duty, sufficient time must be allowed the President to read and examine every Bill presented to him for approval. Unless this be afforded, the constitution becomes a dead letter in this particular; and even worse, it becomes a means of deception. Our constituents, seeing the President's approval and signature attached to each Act of Congress, are induced to believe that he has actually performed this duty, when, in truth, nothing is, in many cases, more unfounded.

"From the practice of Congress, such an examination of each Bill as the constitution requires has been rendered impossible. The most important business of each session is generally crowded into its last hours, and the alternative presented to the President is, either to violate the constitutional duty which he owes to the people, and approve Bills which, for want of time, it is impossible he should. have examined, or, by his refusal to do this, subject the country and individuals to great loss and inconvenience.

Besides, a practice has grown up of late years to legislate in Appropriation Bills at the last hours of the session on new and important subjects. This practice constrains the President either to suffer measures to become laws which he does not approve, or to incur the risk of stopping the wheels of the Government by vetoing an Appropriation Bill. Formerly, such Bills were confined to specific appropriations for carrying into effect existing laws and the well-established policy of the country, and little time was then required by the President for their examination.