sea which may be within their power. Therefore, it will be incumbent on us, not alone to make preparations to meet them, but to maintain active operations by sea and by land. Whenever our gallant tars have met the enemy they have evinced the most daring chivalry and indomitable courage, nor has our flag ever been struck to less than five times our force, and then not until after a protracted engagement.
In the creation of a navy, I recommend to the earnest attention of Congress the enactment of such laws and regulations as will enable the Government to control the conduct of its officers, and to punish them promptly for disobedience of orders. It may be of importance to our amicable relations with other powers. A circumstance occurring on the last cruise which was directed by the Executive, demands of me in this communication to notice the same to the honorable Congress. Orders were issued from the Navy Department, by direction of the Executive, to the Commander of the Navy, that all neutral flags should be respected, unless the vessel was bound to an enemy's port, and had on board articles contraband of war. In violation of these orders, the Eliza Russell, an English brig, was seized and sent into port, with a valuable cargo of fine goods, but containing nothing contraband of war. Upon information of the circumstances, the Executive directed her immediate release, and the payment of damages, so far as he deemed it within his competency. The subject will be presented to Congress by the owner of the vessel, with a minute statement of all the facts. The circumstances of the case were immediately communicated to our Commissioner near the Court of St. James, and the Executive has been assured that the despatch would reach England by the time of his arrival. Other acts connected with the cruise, of a character not calculated to elevate us in the scale of nations, were done either without orders, or in direct violation of those which had been issued by the department. These facts imperiously demand of the Executive a frank and solemn disavowal of all things done, either in contravention or violation of his orders.
The accompanying report of the Acting-Secretary of the Navy will present his views on the subject of its improvement and utility to the country. The report is referred to the consideration of Congress.
Heretofore, difficulties insuperable were presented to the establishment and regular conveyance of the mail, but by indefatigable attention and labor the Postmaster-General has been enabled to give efficiency to the department, and hereafter, with suitable aid from Congress, there will be but little difficulty in the regular transmission of mails and the circulation of intelligence throughout the Republic. It is not to be expected that any revenue can arise to the Government from this department, but it is thought that a higher rate of postage might be established without oppressing any portion of the community, but with advantage to the revenue, as it will be seen by a report of the department herewith submitted.
It is much to be deplored that one important item of intelligence has not been circulated throughout the Republic. The Secretary of State, to whom the duty of having the laws published v/as assigned by Congress, has used every exertion possible to attain the object, but for the want of means (as Congress had omitted to make an appropriation necessary for the payment of printing), he has not had it in his power to have it completed. But for this circumstance the work would have been finished, and the laws distributed. This subject is presented to Con-
