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State of the Union Addresses of Millard Fillmore

M >> Millard Fillmore >> State of the Union Addresses of Millard Fillmore



This eBook was produced by James Linden.

The addresses are separated by three asterisks: ***

Dates of addresses by Millard Fillmore in this eBook:
December 2, 1850
December 2, 1851
December 6, 1852



***

State of the Union Address
Millard Fillmore
December 2, 1850

Fellow-Citizens of the Senate and of the House of Representatives:

Being suddenly called in the midst of the last session of Congress by a
painful dispensation of Divine Providence to the responsible station which
I now hold, I contented myself with such communications to the Legislature
as the exigency of the moment seemed to require. The country was shrouded
in mourning for the loss of its venerable Chief Magistrate and all hearts
were penetrated with grief. Neither the time nor the occasion appeared to
require or to justify on my part any general expression of political
opinions or any announcement of the principles which would govern me in the
discharge of the duties to the performance of which I had been so
unexpectedly called. I trust, therefore, that it may not be deemed
inappropriate if I avail myself of this opportunity of the reassembling of
Congress to make known my sentiments in a general manner in regard to the
policy which ought to be pursued by the Government both in its intercourse
with foreign nations and its management and administration of internal
affairs.

Nations, like individuals in a state of nature, are equal and independent,
possessing certain rights and owing certain duties to each other, arising
from their necessary and unavoidable relations; which rights and duties
there is no common human authority to protect and enforce. Still, they are
rights and duties, binding in morals, in conscience, and in honor, although
there is no tribunal to which an injured party can appeal but the
disinterested judgment of mankind, and ultimately the arbitrament of the
sword.

Among the acknowledged rights of nations is that which each possesses of
establishing that form of government which it may deem most conducive to
the happiness and prosperity of its own citizens, of changing that form as
circumstances may require, and of managing its internal affairs according
to its own will. The people of the United States claim this right for
themselves, and they readily concede it to others. Hence it becomes an
imperative duty not to interfere in the government or internal policy of
other nations; and although we may sympathize with the unfortunate or the
oppressed everywhere in their struggles for freedom, our principles forbid
us from taking any part in such foreign contests. We make no wars to
promote or to prevent successions to thrones, to maintain any theory of a
balance of power, or to suppress the actual government which any country
chooses to establish for itself. We instigate no revolutions, nor suffer
any hostile military expeditions to be fitted out in the United States to
invade the territory or provinces of a friendly nation. The great law of
morality ought to have a national as well as a personal and individual
application. We should act toward other nations as we wish them to act
toward us, and justice and conscience should form the rule of conduct
between governments, instead of mere power, self interest, or the desire of
aggrandizement. To maintain a strict neutrality in foreign wars, to
cultivate friendly relations, to reciprocate every noble and generous act,
and to perform punctually and scrupulously every treaty obligation--these
are the duties which we owe to other states, and by the performance of
which we best entitle ourselves to like treatment from them; or, if that,
in any case, be refused, we can enforce our own rights with justice and a
clear conscience.

In our domestic policy the Constitution will be my guide, and in questions
of doubt I shall look for its interpretation to the judicial decisions of
that tribunal which was established to expound it and to the usage of the
Government, sanctioned by the acquiescence of the country. I regard all its
provisions as equally binding. In all its parts it is the will of the
people expressed in the most solemn form, and the constituted authorities
are but agents to carry that will into effect. Every power which it has
granted is to be exercised for the public good; but no pretense of utility,
no honest conviction, even, of what might be expedient, can justify the
assumption of any power not granted. The powers conferred upon the
Government and their distribution to the several departments are as clearly
expressed in that sacred instrument as the imperfection of human language
will allow, and I deem it my first duty not to question its wisdom, add to
its provisions, evade its requirements, or nullify its commands.

Upon you, fellow-citizens, as the representatives of the States and the
people, is wisely devolved the legislative power. I shall comply with my
duty in laying before you from time to time any information calculated to
enable you to discharge your high and responsible trust for the benefit of
our common constituents.

My opinions will be frankly expressed upon the leading subjects of
legislation; and if--which I do not anticipate--any act should pass the two
Houses of Congress which should appear to me unconstitutional, or an
encroachment on the just powers of other departments, or with provisions
hastily adopted and likely to produce consequences injurious and
unforeseen, I should not shrink from the duty of returning it to you, with
my reasons, for your further consideration. Beyond the due performance of
these constitutional obligations, both my respect for the Legislature and
my sense of propriety will restrain me from any attempt to control or
influence your proceedings. With you is the power, the honor, and the
responsibility of the legislation of the country.

The Government of the United States is a limited Government. It is confined
to the exercise of powers expressly granted and such others as may be
necessary for carrying those powers into effect; and it is at all times an
especial duty to guard against any infringement on the just rights of the
States. Over the objects and subjects intrusted to Congress its legislative
authority is supreme. But here that authority ceases, and every citizen who
truly loves the Constitution and desires the continuance of its existence
and its blessings will resolutely and firmly resist any interference in
those domestic affairs which the Constitution has dearly and unequivocally
left to the exclusive authority of the States. And every such citizen will
also deprecate useless irritation among the several members of the Union
and all reproach and crimination tending to alienate one portion of the
country from another. The beauty of our system of government consists, and
its safety and durability must consist, in avoiding mutual collisions and
encroachments and in the regular separate action of all, while each is
revolving in its own distinct orbit.

The Constitution has made it the duty of the President to take care that
the laws be faithfully executed. In a government like ours, in which all
laws are passed by a majority of the representatives of the people, and
these representatives are chosen for such short periods that any injurious
or obnoxious law can very soon be repealed, it would appear unlikely that
any great numbers should be found ready to resist the execution of the
laws. But it must be borne in mind that the country is extensive; that
there may be local interests or prejudices rendering a law odious in one
part which is not so in another, and that the thoughtless and
inconsiderate, misled by their passions or their imaginations, may be
induced madly to resist such laws as they disapprove. Such persons should
recollect that without law there can be no real practical liberty; that
when law is trampled under foot tyranny rules, whether it appears in the
form of a military despotism or of popular violence. The law is the only
sure protection of the weak and the only efficient restraint upon the
strong. When impartially and faithfully administered, none is beneath its
protection and none above its control. You, gentlemen, and the country may
be assured that to the utmost of my ability and to the extent of the power
vested in me I shall at all times and in all places take care that the laws
be faithfully executed. In the discharge of this duty, solemnly imposed
upon me by the Constitution and by my oath of office, I shall shrink from
no responsibility, and shall endeavor to meet events as they may arise with
firmness, as well as with prudence and discretion.

The appointing power is one of the most delicate with which the Executive
is invested. I regard it as a sacred trust, to be exercised with the sole
view of advancing the prosperity and happiness of the people. It shall be
my effort to elevate the standard of official employment by selecting for
places of importance individuals fitted for the posts to which they are
assigned by their known integrity, talents, and virtues. In so extensive a
country, with so great a population, and where few persons appointed to
office can be known to the appointing power, mistakes will sometimes
unavoidably happen and unfortunate appointments be made notwithstanding the
greatest care. In such cases the power of removal may be properly
exercised; and neglect of duty or malfeasance in office will be no more
tolerated in individuals appointed by myself than in those appointed by
others. I am happy in being able to say that no unfavorable change in our
foreign relations has taken place since the message at the opening of the

last session of Congress. We are at peace with all nations and we enjoy in
an eminent degree the blessings of that peace in a prosperous and growing
commerce and in all the forms of amicable national intercourse. The
unexampled growth of the country, the present amount of its population, and
its ample means of self-protection assure for it the respect of all
nations, while it is trusted that its character for justice and a regard to
the rights of other States will cause that respect to be readily and
cheerfully paid.

A convention was negotiated between the United States and Great Britain in
April last for facilitating and protecting the construction of a ship canal
between the Atlantic and Pacific oceans and for other purposes. The
instrument has since been ratified by the contracting parties, the exchange
of ratifications has been effected, and proclamation thereof has been duly
made.

In addition to the stipulations contained in this convention, two other
objects remain to be accomplished between the contracting powers: First.
The designation and establishment of a free port at each end of the canal.

Second. An agreement fixing the distance from the shore within which
belligerent maritime operations shall not be carried on. On these points
there is little doubt that the two Governments will come to an
understanding.

The company of citizens of the United States who have acquired from the
State of Nicaragua the privilege of constructing a ship canal between the
two oceans through the territory of that State have made progress in their
preliminary arrangements. The treaty between the United States and Great
Britain of the 19th of April last, above referred to, being now in
operation, it is to be hoped that the guaranties which it offers will be
sufficient to secure the completion of the work with all practicable
expedition. It is obvious that this result would be indefinitely postponed
if any other than peaceful measures for the purpose of harmonizing
conflicting claims to territory in that quarter should be adopted. It will
consequently be my endeavor to cause any further negotiations on the part
of this Government which may be requisite for this purpose to be so
conducted as to bring them to a speedy and successful close.

Some unavoidable delay has occurred, arising from distance and the
difficulty of intercourse between this Government and that of Nicaragua,
but as intelligence has just been received of the appointment of an envoy
extraordinary and minister plenipotentiary of that Government to reside at
Washington, whose arrival may soon be expected, it is hoped that no further
impediments will be experienced in the prompt transaction of business
between the two Governments.

Citizens of the United States have undertaken the connection of the two
oceans by means of a railroad across the Isthmus of Tehuantepec, under
grants of the Mexican Government to a citizen of that Republic. It is
understood that a thorough survey of the course of the communication is in
preparation, and there is every reason to expect that it will be prosecuted
with characteristic energy, especially when that Government shall have
consented to such stipulations with the Government of the United States as
may be necessary to impart a feeling of security to those who may embark
their property in the enterprise. Negotiations are pending for the
accomplishment of that object, and a hope is confidently entertained that
when the Government of Mexico shall become duly sensible of the advantages
which that country can not fail to derive from the work, and learn that the
Government of the United States desires that the right of sovereignty of
Mexico in the Isthmus shall remain unimpaired, the stipulations referred to
will be agreed to with alacrity.

By the last advices from Mexico it would appear, however, that that
Government entertains strong objections to some of the stipulations which
the parties concerned in the project of the railroad deem necessary for
their protection and security. Further consideration, it is to be hoped, or
some modification of terms, may yet reconcile the differences existing
between the two Governments in this respect.

Fresh instructions have recently been given to the minister of the United
States in Mexico, who is prosecuting the subject with promptitude and
ability.

Although the negotiations with Portugal for the payment of claims of
citizens of the United States against that Government have not yet resulted
in a formal treaty, yet a proposition, made by the Government of Portugal
for the final adjustment and payment of those claims, has recently been
accepted on the part of the United States. It gives me pleasure to say that
Mr. Clay, to whom the negotiation on the part of the United States had been
intrusted, discharged the duties of his appointment with ability and
discretion, acting always within the instructions of his Government.

It is expected that a regular convention will be immediately negotiated for
carrying the agreement between the two Governments into effect. The
commissioner appointed under the act of Congress for carrying into effect
the convention with Brazil of the 27th of January, 1849, has entered upon
the performance of the duties imposed upon him by that act. It is hoped
that those duties may be completed within the time which it prescribes. The
documents, however, which the Imperial Government, by the third article of
the convention, stipulates to furnish to the Government of the United
States have not yet been received. As it is presumed that those documents
will be essential for the correct disposition of the claims, it may become
necessary for Congress to extend the period limited for the duration of the
commission. The sum stipulated by the fourth article of the convention to
be paid to this Government has been received.

The collection in the ports of the United States of discriminating duties
upon the vessels of Chili and their cargoes has been suspended, pursuant to
the provisions of the act of Congress of the 24th of May, 1828. It is to be
hoped that this measure will impart a fresh impulse to the commerce between
the two countries, which of late, and especially since our acquisition of
California, has, to the mutual advantage of the parties, been much
augmented.

Peruvian guano has become so desirable an article to the agricultural
interest of the United States that it is the duty of the Government to
employ all the means properly in its power for the purpose of causing that
article to be imported into the country at a reasonable price. Nothing will
be omitted on my part toward accomplishing this desirable end. I am
persuaded that in removing any restraints on this traffic the Peruvian
Government will promote its own best interests, while it will afford a
proof of a friendly disposition toward this country, which will be duly
appreciated.

The treaty between the United States and His Majesty the King of the
Hawaiian Islands, which has recently been made public, will, it is
believed, have a beneficial effect upon the relations between the two
countries.

The relations between those parts of the island of St. Domingo which were
formerly colonies of Spain and France, respectively, are still in an
unsettled condition. The proximity of that island to the United States and
the delicate questions involved in the existing controversy there render it
desirable that it should be permanently and speedily adjusted. The
interests of humanity and of general commerce also demand this; and as
intimations of the same sentiment have been received from other
governments, it is hoped that some plan may soon be devised to effect the
object in a manner likely to give general satisfaction. The Government of
the United States will not fail, by the exercise of all proper friendly
offices, to do all in its power to put an end to the destructive war which
has raged between the different parts of the island and to secure to them
both the benefits of peace and commerce.

I refer you to the report of the Secretary of the Treasury for a detailed
statement of the finances.

The total receipts into the Treasury for the year ending 30th of June last
were $47,421,748.90. The total expenditures during the same period were
$43,002,168.90. The public debt has been reduced since the last annual
report from the Treasury Department $495,276.79.

By the nineteenth section of the act of 28th January, 1847, the proceeds of
the sales of the public lands were pledged for the interest and principal
of the public debt. The great amount of those lands subsequently granted by
Congress for military bounties will, it is believed, very nearly supply the
public demand for several years to come, and but little reliance can,
therefore, be placed on that hitherto fruitful source of revenue. Aside
from the permanent annual expenditures, which have necessarily largely
increased, a portion of the public debt, amounting to $8,075,986.59, must
be provided for within the next two fiscal years. It is most desirable that
these accruing demands should be met without resorting to new loans.

All experience has demonstrated the wisdom and policy of raising a large
portion of revenue for the support of Government from duties on goods
imported. The power to lay these duties is unquestionable, and its chief
object, of course, is to replenish the Treasury. But if in doing this an
incidental advantage may be gained by encouraging the industry of our own
citizens, it is our duty to avail ourselves of that advantage.

A duty laid upon an article which can not be produced in this country, such
as tea or coffee, adds to the cost of the article, and is chiefly or wholly
paid by the consumer. But a duty laid upon an article which may be produced
here stimulates the skill and industry of our own country to produce the
same article, which is brought into the market in competition with the
foreign article, and the importer is thus compelled to reduce his price to
that at which the domestic article can be sold, thereby throwing a part of
the duty upon the producer of the foreign article. The continuance of this
process creates the skill and invites the capital which finally enable us
to produce the article much cheaper than it could have been procured from
abroad, thereby benefiting both the producer and the consumer at home. The
consequence of this is that the artisan and the agriculturist are brought
together, each affords a ready market for the produce of the other, the
whole country becomes prosperous, and the ability to produce every
necessary of life renders us independent in war as well as in peace.

A high tariff can never be permanent. It will cause dissatisfaction, and
will be changed. It excludes competition, and thereby invites the
investment of capital in manufactures to such excess that when changed it
brings distress, bankruptcy, and ruin upon all who have been misled by its
faithless protection. What the manufacturer wants is uniformity and
permanency, that he may feel a confidence that he is not to be ruined by
sudden exchanges. But to make a tariff uniform and permanent it is not only
necessary that the laws should not be altered, but that the duty should not
fluctuate. To effect this all duties should be specific wherever the nature
of the article is such as to admit of it. Ad valorem duties fluctuate with
the price and offer strong temptations to fraud and perjury. Specific
duties, on the contrary, are equal and uniform in all ports and at all
times, and offer a strong inducement to the importer to bring the best
article, as he pays no more duty upon that than upon one of inferior
quality. I therefore strongly recommend a modification of the present
tariff, which has prostrated some of our most important and necessary
manufactures, and that specific duties be imposed sufficient to raise the
requisite revenue, making such discriminations in favor of the industrial
pursuits of our own country as to encourage home production without
excluding foreign competition. It is also important that an unfortunate
provision in the present tariff, which imposes a much higher duty upon the
raw material that enters into our manufactures than upon the manufactured
article, should be remedied.

The papers accompanying the report of the Secretary of the Treasury will
disclose frauds attempted upon the revenue, in variety and amount so great
as to justify the conclusion that it is impossible under any system of ad
valorem duties levied upon the foreign cost or value of the article to
secure an honest observance and an effectual administration of the laws.
The fraudulent devices to evade the law which have been detected by the
vigilance of the appraisers leave no room to doubt that similar impositions
not discovered, to a large amount, have been successfully practiced since
the enactment of the law now in force. This state of things has already had
a prejudicial influence upon those engaged in foreign commerce. It has a
tendency to drive the honest trader from the business of importing and to
throw that important branch of employment into the hands of unscrupulous
and dishonest men, who are alike regardless of law and the obligations of
an oath. By these means the plain intentions of Congress, as expressed in
the law, are daily defeated. Every motive of policy and duty, therefore,
impels me to ask the earnest attention of Congress to this subject. If
Congress should deem it unwise to attempt any important changes in the
system of levying duties at this session, it will become indispensable to
the protection of the revenue that such remedies as in the judgment of
Congress may mitigate the evils complained of should be at once applied.

As before stated, specific duties would, in my opinion, afford the most
perfect remedy for this evil; but if you should not concur in this view,
then, as a partial remedy, I beg leave respectfully to recommend that
instead of taking the invoice of the article abroad as a means of
determining its value here, the correctness of which invoice it is in many
cases impossible to verify, the law be so changed as to require a home
valuation or appraisal, to be regulated in such manner as to give, as far
as practicable, uniformity in the several ports.

There being no mint in California, I am informed that the laborers in the
mines are compelled to dispose of their gold dust at a large discount. This
appears to me to be a heavy and unjust tax upon the labor of those employed
in extracting this precious metal, and I doubt not you will be disposed at
the earliest period possible to relieve them from it by the establishment
of a mint. In the meantime, as an assayer's office is established there, I
would respectfully submit for your consideration the propriety of
authorizing gold bullion which has been assayed and stamped to be received
in payment of Government dues. I can not conceive that the Treasury would
suffer any loss by such a provision, which will at once raise bullion to
its par value, and thereby save (if I am rightly informed) many millions of
dollars to the laborers which are now paid in brokerage to convert this
precious metal into available funds. This discount upon their hard earnings
is a heavy tax, and every effort should be made by the Government to
relieve them from so great a burden.

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