onstitutional 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."

FRANKLIN PIERCE.

WASHINGTON, _August 2, 1854_.

_To the Senate of the United States_:

I transmit herewith a report of the Secretary of State, with the
accompanying documents,[32] in answer to the resolution of the Senate
of the 5th ultimo.

FRANKLIN PIERCE.

[Footnote 32: 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.]

WASHINGTON, _August 2, 1854_.

_To the House of Representatives_:

I herewith transmit to you a copy of a treaty between the United States
and Great Britain, negotiated at Washington on the 5th of June last.
It has been concurred in by the Senate, and I have no doubt that the
ratifications of it will be soon exchanged. It will be observed that by
the provision of the fifth article the treaty does not go into operation
until after legislation thereon by the respective parties.

Should Congress at its present session pass the requisite law on the
part of the United States to give effect to its stipulations, the
fishing grounds on the coasts of the British North American Provinces,