Stating that no information is in possession of the Government of any negotiation of a treaty, or of any overtures to treat, for a cession of California by Mexico to England.

The officer charged with a confidential inquiry, and who reports its result under the pledge of confidence which his appointment implies, ought not to be exposed individually to the resentment of those whose conduct may be impugned by the information he collects.

To maintain that the President can exercise no discretion as to the time in which the matters thus collected shall be promulgated or in respect to the character of the information obtained would deprive him at once of the means of performing one of the most salutary duties of his office.

The knowledge that such is to be the consequence will inevitably prevent the performance of duties of that character, and thus the Government will be deprived of an important means of investigating the conduct of its agents.

Shall there be no discretionary authority permitted to refuse to become the instruments of such malevolence?

I have thought proper to direct that the report of Lieutenant-Colonel Hitchcock concerning the frauds which he was charged to investigate be transmitted to the House of Representatives, and it accordingly accompanies this message.

It was stated by him that the nature and subject of the report, in the opinion of the President and the Department, rendered its publication at that time inconsistent with the public interest.

In compliance with a resolution of the House of Representatives of the 24th instant, requesting me to communicate answers to certain queries therein contained respecting instructions given to the commissioners appointed to adjudicate claims arising under the Cherokee treaty of 1835, I transmit herewith a report from the War Department, accompanied by a copy of the instructions referred to.

To require from the Executive the transfer of this discretion to a coordinate branch of the Government is equivalent to the denial of its possession by him and would render him dependent upon that branch in the performance of a duty purely executive.

He expressed the opinion that to promulgate those statements at that time would be grossly unjust to those persons and would be calculated to defeat rather than promote the objects of the inquiry.

I have to request the House to consider it so far confidential as not to direct its publication until the appropriate committee shall have examined it and expressed their opinion whether a just regard to the character and rights of persons apparently implicated, but who have not had an opportunity to meet the imputations on them, does not require that portions at least of the report should not at present be printed.