No. 2.] Mr. Marcy to Mr. McLane. DEPARTMENT OF STATE, SIR: The mission on which you are about to proceed is considered highly important, and the duties of it, owing to the disturbed condition of China, are likely to be difficult and embarrassing. The revolution now in progress in that country cannot fail to produce results of vast magnitude not only to China, but to the entire commercial world. The accounts do not furnish satisfactory information of its present condition, or enable us to conjecture, with any degree of certainty, what will be its result; it is therefore necessary that you should be vested with large discretionary powers. You may establish your official residence wherever the convenience of the mission may require. The archives in charge of the secretary of legation were at the last accounts in Canton, and the commissioner himself was at Shanghai. You will make such change in this respect as you may deem expedient, and direct the secretary to transport the archives to such point as you may deem advisable. Without desiring exclusive privileges, it is deemed especially important that, in any crisis which may happen in the affairs of the Chinese empire, you should direct your efforts towards the establishment of the most unrestricted commercial intercourse between that empire and the United States; and it would be most desirable that any commercial treaty which you may be able to conclude should provide not only for reciprocal free trade between the two countries in all articles of the growth, produce, or manufacture of either, and for the transportation in the vessels of the United States and of China, of the productions of other countries to and from the United States and China, or to and from other foreign countries. The right of fishing upon the coasts of China, and the free use of the harbors and rivers of that empire, with the designation of all their ports and harbors as ports of entry and clearance, should, if possible, be secured to the United States. It may not, however, be advisable to assent to a reciprocal stipulation on these points, for, even if there might not be much cause to apprehend that Chinese subjects would avail themselves of it, there are articles in treaties between the United States and other powers, pursuant to which the latter might claim from us the same privileges for their subjects. You will be duly empowered to make a similar treaty, if practicable, with Corea, Cochin China, or any other independent Asiatic power, with whom we have no treaty, and also to enlarge the powers and privileges heretofore obtained by treaty from such powers. Should Commodore Perry fail in making any commercial arrangement with Japan, you will renew the efforts for accomplishing that object, if a fair occasion for doing so should offer. To aid you in these negotiations, you will be furnished with copies of such treaties as have been already concluded with any of the eastern powers. Your actual traveling expenses, incurred in your efforts to accomplish any of these purposes, will be allowed in the adjustment of your accounts. In 1852, Commodore Perry was dispatched to Japan, empowered and instructed to open an intercourse with that country, and negotiate a commercial treaty with it. That officer has already visited the island and delivered his letter of credence from the President of the United States to a high officer of the empire, for the purpose of having it transmitted to the Emperor. He has since returned to the coast of China, having given notice of his intention of revisiting Japan in the coming spring to receive the answer of the Emperor. Having thus been sent to Japan with instructions to open commercial intercourse with that empire, and taken the initiatory steps for that purpose, it is not proposed either to transfer that negotiation to you or to associate you with him in conducting it, unless he shall desire your coöperation therein, and you shall be able to render it without prejudice to the other objects of your mission. Should anything prevent the commodore from bringing the negotiation with Japan to a close, you will be furnished with instructions in regard to its further prosecution. You are herewith furnished with copies of all instructions heretofore given to Commodore Perry touching his expedition. That excellent officer will be duly advised of the powers possessed by you, and of the importance attached by the President to our relations with China. Should you deem the presence of any considerable part or the whole of the naval force under his command on the coast of China necessary to enable you to carry into effect the objects of your mission, you will communicate your views thereon to the commanding officer thereof. He will receive instructions in regard to rendering to you such assistance as the exigencies of the public interest may require, if it can be done without abandoning the principal end of his expedition or seriously hazarding its success. The President does not propose to subject him to your control, but he expects that you and he will coöperate together whenever, in the judgments of both, the interests of the United States indicate the necessity or the advantage of such coöperation. Commodore Perry will be fully apprised of the objects of your mission, and of the expectation of his government that he will afford you any assistance you may need, unless the rendering of such assistance should be detrimental to objects, equally important, committed to himself. It is anticipated that you will find it expedient to have a steamer at your disposal. Commodore Perry will therefore be instructed to comply with your request in this respect. Should the revolutionary movement now in progress in China be successful, and the political power of the country pass into other hands, you will, at your discretion, recognize the government de facto, and treat with it as the existing government of the country. If that vast and populous empire should be divided, and several governments be organized within its present limits, promising stability, you will present yourself to each as the diplomatic representative of the United States, and enter into such treaties with them, respectively, as you may deem advisable. In fulfilling your duties, it may be expedient for you to visit different parts of the empire of China, as well as some of the neighboring nations. Your actual traveling expenses, in such cases, will be allowed in your account. You will herewith receive a letter of credit on the bankers of the United States, at London, for these expenses, and for such assistance as is indispensably necessary, for the sum of $10,000. It is expected that you will keep this department advised, not only of your proceedings and movements, but of the actual condition of the Chinese empire. I am, sir, respectfully, your obedient servant, ROBERT M. MCLANE, Esq., &c., &c., &c. W. L. MARCY. . Doc MESSAGE OF THE PRESIDENT OF THE UNITED STATES, RETURNING, With his objections, the bill for the relief of Arthur Edwards and his associates. APRIL 17, 1860.-Read, and, motion by Mr. HALE, to refer message and documents to Com- To the Senate of the United States: I return, with my objections, to the Senate, for their reconsideration, the bill entitled "An act for the relief of Arthur Edwards and his associates," presented to me on the 10th instant. This bill directs the Postmaster General "to audit and settle the accounts of Arthur Edwards and his associates for transporting the United States through mail on their steamers during the years 1849 and 1853, and intervening years," between Cleveland and Detroit, between Sandusky and Detroit, and between Toledo and Detroit, and "to allow and pay them not less than $28 60 for each and every passage of said steamers between said places, during the aforementioned time, when the mails were on board." I have caused a statement to be made at the Post Office Department of the least sum which can be paid to Mr. Edwards and his associates, under the bill, should it become a law; and from this it appears the amount will be $80,405 23. Mr. Edwards and his associates, in 1854, a short time after the alleged services had been rendered, presented a claim to the Postmaster General for $25,180 as compensation for these services. This claim consisted of nine items, setting forth, specifically, all the services embraced by the present bill. It is fair to presume that the parties best knew the value of their own services, and that they would not, by an under-estimate, do themselves injustice. The whole claim of $25,180 was rejected by the Postmaster General, for reasons which it is no part of my present purpose to discuss. The claimants next presented a petition to the Court of Claims, in June, 1855, "for a reasonable compensation" for these services, and "pray the judgment of your honorable court for the actual value of the service rendered by them, and received by the United States, which amounts to the sum of $50,000." Thus the estimate which they placed upon their services had nearly doubled between 1854 and 1855-had risen from $25,180, to $50,000. On the 25th February, 1858, after a full hearing, the court decided against the claim, and delivered an opinion in support of this decision which cannot, I think, be contested on legal principles. But they state, in the conclusion of the opinion, that "for any compensation for their services beyond what they have received, they must depend upon the discretion of Congress." This decision of the Court of Claims was reported to Congress on the 1st of April, 1858, and from it the present bill has originated. The amount granted by it is more, by upwards of $55,000, than the parties themselves demanded from the Postmaster General in 1854, and is more by upwards of $30,000 than they demanded when before the Court of Claims. The enormous difference in their favor between their own original demand and the amount granted by the present bill constitutes my chief objection to it. In presenting this objection, I do not propose to enter into the question whether the claimants are entitled, in equity, to any compensation for their services beyond that which it is alleged they have already received, or if so, what would be "a reasonable and fair compensation." My sole purpose is to afford Congress an opportunity of reconsidering this case, on account of its peculiar circumstances. I transmit to the Senate the reports of Horatio King, Acting Postmaster General, and of A. N. Zevely, Third Assistant Postmaster General, both dated on the 14th of April, 1860, on the subject of this claim. WASHINGTON, April 17, 1860. JAMES BUCHANAN. AN ACT for the relief of Arthur Edwards and his associates. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Postmaster General be, and he is hereby, directed to audit and settle the account of Arthur Edwards and his associates, for transporting the United States through mail, in their steamers, during the years eighteen hundred and fortynine and eighteen hundred and fifty-three, and intervening years, from Cleveland, in Ohio, to Detroit, in Michigan, and from Detroit to Cleveland aforesaid; from Sandusky, in Ohio, to Detroit, in Michigan, and from Detroit to Sandusky aforesaid; and from Toledo, in Ohio, to Detroit, in Michigan, and from Detroit to Toledo aforesaid; and to |