diff options
| author | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:35:29 -0700 |
|---|---|---|
| committer | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:35:29 -0700 |
| commit | 4ff19a294e6adf4295c82d4c23803f3915086696 (patch) | |
| tree | 13540eece620f21819c46206c1233466d72fad8d /10895-h | |
Diffstat (limited to '10895-h')
| -rw-r--r-- | 10895-h/10895-h.htm | 9414 |
1 files changed, 9414 insertions, 0 deletions
diff --git a/10895-h/10895-h.htm b/10895-h/10895-h.htm new file mode 100644 index 0000000..5720774 --- /dev/null +++ b/10895-h/10895-h.htm @@ -0,0 +1,9414 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html> + <head> + <meta http-equiv="Content-Type" content= + "text/html; charset=UTF-8"> + <meta content="pg2html (binary version 0.12a)" name= + "generator"> + <title> + The Project Gutenberg eBook of Messages and Papers of the + Presidents: James Madison, by James D. Richardson. + </title> + <style type="text/css"> + <!-- + * { font-family: Times; + } + P { text-indent: 1em; + margin-top: .75em; + font-size: 12pt; + text-align: justify; + margin-bottom: .75em; } + H1,H2,H3,H4,H5,H6 { text-align: center; } + HR { width: 33%; } + PRE { font-family: Courier, monospaced;} + .toc { margin-left: 15%; font-size: 10pt; margin-bottom: 0em;} + .r { text-align: right; } + CENTER { padding: 10px;} + // --> + </style> + </head> + <body> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 10895 ***</div> + + <h1> + A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS + </h1> + <center> + <b>BY JAMES D. RICHARDSON</b> + </center> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h1> + James Madison + </h1> + <h3> + March 4, 1809, to March 4, 1817 + </h3> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + James Madison + </h2> + <p> + James Madison was born in King George County, Va., on the + 16th of March, 1751. He was the son of James Madison, the + family being of English descent, and among the early settlers + of Virginia. Was fitted for college by private tutors, and + entered Princeton College in 1769, graduating in 1771; + remained a year at college pursuing his studies. After this + he returned to Virginia and began the practice of law. In + 1776 was elected a member of the general assembly of + Virginia, and in 1778 was appointed a member of the executive + council. In the winter of 1779-80 was chosen a delegate to + the Continental Congress, of which body he continued an + active and prominent member till 1784. The legislature of + Virginia appointed him in 1786 a delegate to a convention at + Annapolis, Md., to devise a system of commercial regulations + for all the States. Upon their recommendation a convention of + delegates from all the States was held in Philadelphia in + May, 1787. This Convention framed the Constitution of the + United States, and of it Mr. Madison was a leading member. He + was next a member of the convention of his State which met to + consider the new Constitution for the United States. Was a + member of the House of Representatives in the First Congress, + taking his seat in April, 1789, and continued to be a member + of the House during both of Washington's terms as President. + He married Mrs. Dolly Paine Todd, of Philadelphia, in 1794, + she being the widow of a Pennsylvania lawyer. Her father was + a Quaker, and had removed from Virginia to Philadelphia. + Declined the office of Secretary of State, vacated by + Jefferson, in 1793. He retired from Congress in 1797, and in + 1798 accepted a seat in the Virginia assembly. In 1801 was + appointed by President Jefferson Secretary of State, which + office he held during the eight years of Jefferson's + Administration. In 1808 was elected President, and was + reelected in 1812. On March 4, 1817, he retired from public + life, and passed the remainder of his days at Montpelier, in + Orange County, Va. In 1829 was chosen a member of the State + convention to revise the constitution of Virginia, and was + also chosen president of an agricultural society in his + county. He died on the 28th day of June, 1836, and was buried + at his home. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + LETTER FROM THE PRESIDENT ELECT. + </h2> + <p> + The President of the Senate communicated the following letter + from the President elect of the United States: + </p> + <p class="r"> + CITY OF WASHINGTON, <i>March 2, 1809</i>. + </p> + <p> + Hon. JOHN MILLEDGE,<br> + <i>President pro tempore of the Senate</i>. + </p> + <p> + SIR: I beg leave through you to inform the honorable the + Senate of the United States that I propose to take the oath + which the Constitution prescribes to the President of the + United States before he enters on the execution of his office + on Saturday, the 4th instant, at 12 o'clock, in the Chamber + of the House of Representatives. + </p> + <p> + I have the honor to be, with the greatest respect, sir, your + most obedient and most humble servant, + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FIRST INAUGURAL ADDRESS. + </h2> + <p> + Unwilling to depart from examples of the most revered + authority, I avail myself of the occasion now presented to + express the profound impression made on me by the call of my + country to the station to the duties of which I am about to + pledge myself by the most solemn of sanctions. So + distinguished a mark of confidence, proceeding from the + deliberate and tranquil suffrage of a free and virtuous + nation, would under any circumstances have commanded my + gratitude and devotion, as well as filled me with an awful + sense of the trust to be assumed. Under the various + circumstances which give peculiar solemnity to the existing + period, I feel that both the honor and the responsibility + allotted to me are inexpressibly enhanced. + </p> + <p> + The present situation of the world is indeed without a + parallel, and that of our own country full of difficulties. + The pressure of these, too, is the more severely felt because + they have fallen upon us at a moment when the national + prosperity being at a height not before attained, the + contrast resulting from the change has been rendered the more + striking. Under the benign influence of our republican + institutions, and the maintenance of peace with all nations + whilst so many of them were engaged in bloody and wasteful + wars, the fruits of a just policy were enjoyed in an + unrivaled growth of our faculties and resources. Proofs of + this were seen in the improvements of agriculture, in the + successful enterprises of commerce, in the progress of + manufactures and useful arts, in the increase of the public + revenue and the use made of it in reducing the public debt, + and in the valuable works and establishments everywhere + multiplying over the face of our land. + </p> + <p> + It is a precious reflection that the transition from this + prosperous condition of our country to the scene which has + for some time been distressing us is not chargeable on any + unwarrantable views, nor, as I trust, on any involuntary + errors in the public councils. Indulging no passions which + trespass on the rights or the repose of other nations, it has + been the true glory of the United States to cultivate peace + by observing justice, and to entitle themselves to the + respect of the nations at war by fulfilling their neutral + obligations with the most scrupulous impartiality. If there + be candor in the world, the truth of these assertions will + not be questioned; posterity at least will do justice to + them. + </p> + <p> + This unexceptionable course could not avail against the + injustice and violence of the belligerent powers. In their + rage against each other, or impelled by more direct motives, + principles of retaliation have been introduced equally + contrary to universal reason and acknowledged law. How long + their arbitrary edicts will be continued in spite of the + demonstrations that not even a pretext for them has been + given by the United States, and of the fair and liberal + attempt to induce a revocation of them, can not be + anticipated. Assuring myself that under every vicissitude the + determined spirit and united councils of the nation will be + safeguards to its honor and its essential interests, I repair + to the post assigned me with no other discouragement than + what springs from my own inadequacy to its high duties. If I + do not sink under the weight of this deep conviction it is + because I find some support in a consciousness of the + purposes and a confidence in the principles which I bring + with me into this arduous service. + </p> + <p> + To cherish peace and friendly intercourse with all nations + having correspondent dispositions; to maintain sincere + neutrality toward belligerent nations; to prefer in all cases + amicable discussion and reasonable accommodation of + differences to a decision of them by an appeal to arms; to + exclude foreign intrigues and foreign partialities, so + degrading to all countries and so baneful to free ones; to + foster a spirit of independence too just to invade the rights + of others, too proud to surrender our own, too liberal to + indulge unworthy prejudices ourselves and too elevated not to + look down upon them in others; to hold the union of the + States as the basis of their peace and happiness; to support + the Constitution, which is the cement of the Union, as well + in its limitations as in its authorities; to respect the + rights and authorities reserved to the States and to the + people as equally incorporated with and essential to the + success of the general system; to avoid the slightest + interference with the rights of conscience or the functions + of religion, so wisely exempted from civil jurisdiction; to + preserve in their full energy the other salutary provisions + in behalf of private and personal rights, and of the freedom + of the press; to observe economy in public expenditures; to + liberate the public resources by an honorable discharge of + the public debts; to keep within the requisite limits a + standing military force, always remembering that an armed and + trained militia is the firmest bulwark of + republics—that without standing armies their liberty + can never be in danger, nor with large ones safe; to promote + by authorized means improvements friendly to agriculture, to + manufactures, and to external as well as internal commerce; + to favor in like manner the advancement of science and the + diffusion of information as the best aliment to true liberty; + to carry on the benevolent plans which have been so + meritoriously applied to the conversion of our aboriginal + neighbors from the degradation and wretchedness of savage + life to a participation of the improvements of which the + human mind and manners are susceptible in a civilized + state—as far as sentiments and intentions such as these + can aid the fulfillment of my duty, they will be a resource + which can not fail me. + </p> + <p> + It is my good fortune, moreover, to have the path in which I + am to tread lighted by examples of illustrious services + successfully rendered in the most trying difficulties by + those who have marched before me. Of those of my immediate + predecessor it might least become me here to speak. I may, + however, be pardoned for not suppressing the sympathy with + which my heart is full in the rich reward he enjoys in the + benedictions of a beloved country, gratefully bestowed for + exalted talents zealously devoted through a long career to + the advancement of its highest interest and happiness. + </p> + <p> + But the source to which I look for the aids which alone can + supply my deficiencies is in the well-tried intelligence and + virtue of my fellow-citizens, and in the counsels of those + representing them in the other departments associated in the + care of the national interests. In these my confidence will + under every difficulty be best placed, next to that which we + have all been encouraged to feel in the guardianship and + guidance of that Almighty Being whose power regulates the + destiny of nations, whose blessings have been so + conspicuously dispensed to this rising Republic, and to whom + we are bound to address our devout gratitude for the past, as + well as our fervent supplications and best hopes for the + future. + </p> + <p> + MARCH 4, 1809. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL SESSION MESSAGE. + </h2> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + On this first occasion of meeting you it affords me much + satisfaction to be able to communicate the commencement of a + favorable change in our foreign relations, the critical state + of which induced a session of Congress at this early period. + </p> + <p> + In consequence of the provisions of the act interdicting + commercial intercourse with Great Britain and France, our + ministers at London and Paris were without delay instructed + to let it be understood by the French and British Governments + that the authority vested in the Executive to renew + commercial intercourse with their respective nations would be + exercised in the case specified by that act. + </p> + <p> + Soon after these instructions were dispatched it was found + that the British Government, anticipating from early + proceedings of Congress at their last session the state of + our laws, which has had the effect of placing the two + belligerent powers on a footing of equal restrictions, and + relying on the conciliatory disposition of the United States, + had transmitted to their legation here provisional + instructions not only to offer satisfaction for the attack on + the frigate <i>Chesapeake</i>, and to make known the + determination of His Britannic Majesty to send an envoy + extraordinary with powers to conclude a treaty on all the + points between the two countries, but, moreover, to signify + his willingness in the meantime to withdraw his orders in + council, in the persuasion that the intercourse with Great + Britain would be renewed on the part of the United States. + </p> + <p> + These steps of the British Government led to the + correspondence and the proclamation now laid before you, by + virtue of which the commerce between the two countries will + be renewable after the 10th day of June next. + </p> + <p> + Whilst I take pleasure in doing justice to the councils of + His Britannic Majesty, which, no longer adhering to the + policy which made an abandonment by France of her decrees a + prerequisite to a revocation of the British orders, have + substituted the amicable course which has issued thus + happily, I can not do less than refer to the proposal + heretofore made on the part of the United States, embracing a + like restoration of the suspended commerce, as a proof of the + spirit of accommodation which has at no time been + intermitted, and to the result which now calls for our + congratulations, as corroborating the principles by which the + public councils have been guided during a period of the most + trying embarrassments. + </p> + <p> + The discontinuance of the British orders as they respect the + United States having been thus arranged, a communication of + the event has been forwarded in one of our public vessels to + our minister plenipotentiary at Paris, with instructions to + avail himself of the important addition thereby made to the + considerations which press on the justice of the French + Government a revocation of its decrees or such a modification + of them as that they shall cease to violate the neutral + commerce of the United States. + </p> + <p> + The revision of our commercial laws proper to adapt them to + the arrangement which has taken place with Great Britain will + doubtless engage the early attention of Congress. It will be + worthy at the same time of their just and provident care to + make such further alterations in the laws as will more + especially protect and foster the several branches of + manufacture which have been recently instituted or extended + by the laudable exertions of our citizens. + </p> + <p> + Under the existing aspect of our affairs I have thought it + not inconsistent with a just precaution to have the gunboats, + with the exception of those at New Orleans, placed in a + situation incurring no expense beyond that requisite for + their preservation and conveniency for future service, and to + have the crews of those at New Orleans reduced to the number + required for their navigation and safety. + </p> + <p> + I have thought also that our citizens detached in quotas of + militia amounting to 100,000 under the act of March, 1808, + might not improperly be relieved from the state in which they + were held for immediate service. A discharge of them has been + accordingly directed. + </p> + <p> + The progress made in raising and organizing the additional + military force, for which provision was made by the act of + April, 1808, together with the disposition of the troops, + will appear by a report which the Secretary of War is + preparing, and which will be laid before you. + </p> + <p> + Of the additional frigates required by an act of the last + session to be fitted for actual service, two are in + readiness, one nearly so, and the fourth is expected to be + ready in the month of July. A report which the Secretary of + the Navy is preparing on the subject, to be laid before + Congress, will shew at the same time the progress made in + officering and manning these ships. It will shew also the + degree in which the provisions of the act relating to the + other public armed ships have been carried into execution. + </p> + <p> + It will rest with the judgment of Congress to decide how far + the change in our external prospects may authorize any + modifications of the laws relating to the army and navy + establishments. + </p> + <p> + The works of defense for our seaport towns and harbors have + proceeded with as much activity as the season of the year and + other circumstances would admit. It is necessary, however, to + state that, the appropriations hitherto made being found to + be deficient, a further provision will claim the early + consideration of Congress. + </p> + <p> + The whole of the 8 per cent stock remaining due by the United + States, amounting to $5,300,000, had been reimbursed on the + last day of the year 1808; and on the 1st day of April last + the sum in the Treasury exceeded $9,500,000. This, together + with the receipts of the current year on account of former + revenue bonds, will probably be nearly if not altogether + sufficient to defray the expenses of the year. But the + suspension of exports and the consequent decrease of + importations during the last twelve months will necessarily + cause a great diminution in the receipts of the year 1810. + After that year, should our foreign relations be undisturbed, + the revenue will again be more than commensurate to all the + expenditures. + </p> + <p> + Aware of the inconveniences of a protracted session at the + present season of the year, I forbear to call the attention + of the Legislature to any matters not particularly urgent. It + remains, therefore, only to assure you of the fidelity and + alacrity with which I shall cooperate for the welfare and + happiness of our country, and to pray that it may experience + a continuance of the divine blessings by which it has been so + signally favored. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + MAY 23, 1809. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + MAY 26, 1809. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I now lay before Congress the report of the Secretary of War, + shewing the progress made in carrying into effect the act of + April, 1808, for raising an additional military force, and + the disposition of the troops. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JUNE 4, 1809. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the request of the legislature of + Pennsylvania, I transmit to Congress a copy of certain of its + proceedings, communicated for the purpose by the governor of + that State. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JUNE 15, 1809. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate of the 13th + instant, I transmit extracts from letters from Mr. Pinkney to + the Secretary of State, accompanied by letters and + communications to him from the British secretary of state for + the foreign department, all of which have been received here + since the last session of Congress. + </p> + <p> + To these documents are added a communication just made by Mr. + Erskine to the Secretary of State, and his answer. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JUNE 20, 1809. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate of the 19th + instant, I transmit such information as has been received + respecting exiles from Cuba arrived or expected within the + United States; also a letter from General Turreau connected + with that subject. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JUNE 26, 1809. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + The considerations which led to the nomination of a minister + plenipotentiary to Russia being strengthened by evidence + since received of the earnest desire of the Emperor to + establish a diplomatic intercourse between the two countries, + and of a disposition in his councils favorable to the + extension of a commerce mutually advantageous, as will be + seen by the extracts from letters from General Armstrong and + Consul Harris herewith confidentially communicated, I + nominate John Quincy Adams, of Massachusetts, to be minister + plenipotentiary of the United States to the Court of St. + Petersburg. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <center> + [From Annals of Congress, Eleventh Congress, part 2, 2060.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas it is provided by the eleventh section of the act of + Congress entitled "An act to interdict the commercial + intercourse between the United States and Great Britain and + France and their dependencies, and for other purposes," that + "in case either France or Great Britain shall so revoke or + modify her edicts as that they shall cease to violate the + neutral commerce of the United States" the President is + authorized to declare the same by proclamation, after which + the trade suspended by the said act and by an act laying an + embargo on all ships and vessels in the ports and harbors of + the United States and the several acts supplementary thereto + may be renewed with the nation so doing; and + </p> + <p> + Whereas the Honorable David Montague Erskine, His Britannic + Majesty's envoy extraordinary and minister plenipotentiary, + has, by the order and in the name of his Sovereign, declared + to this Government that the British orders in council of + January and November, 1807, will have been withdrawn as + respects the United States on the 10th day of June next: + </p> + <p> + Now, therefore, I, James Madison, President of the United + States, do hereby proclaim that the orders in council + aforesaid will have been withdrawn on the said 10th day of + June next, after which day the trade of the United States + with Great Britain, as suspended by the act of Congress above + mentioned and an act laying an embargo on all ships and + vessels in the ports and harbors of the United States and the + several acts supplementary thereto, may be renewed. + </p> + <p> + [SEAL.] + </p> + <p> + Given under my hand and the seal of the United States at + Washington, the 19th day of April, A.D. 1809, and of the + Independence of the United States the thirty-third. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + R. SMITH,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <center> + [From Annals of Congress, Eleventh Congress, part 2, 2076.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas, in consequence of a communication from His Britannic + Majesty's envoy extraordinary and minister plenipotentiary + declaring that the British orders of council of January and + November, 1807, would have been withdrawn on the 10th day of + June last, and by virtue of authority given in such event by + the eleventh section of the act of Congress entitled "An act + to interdict the commercial intercourse between the United + States and Great Britain and France and their dependencies, + and for other purposes," I, James Madison, President of the + United States, did issue my proclamation bearing date on the + 19th of April last, declaring that the orders in council + aforesaid would have been so withdrawn on the said 10th day + of June, after which the trade suspended by certain acts of + Congress might be renewed; and + </p> + <p> + Whereas it is now officially made known to me that the said + orders in council have not been withdrawn agreeably to the + communication and declaration aforesaid: + </p> + <p> + I do hereby proclaim the same, and, consequently, that the + trade renewable on the event of the said orders, being + withdrawn, is to be considered as under the operation of the + several acts by which such trade was suspended. + </p> + <p> + [SEAL.] + </p> + <p> + Given under my hand and the seal of the United States at the + city of Washington, the 9th day of August, A.D. 1809, and of + the Independence of the said United States the thirty-fourth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + R. SMITH,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FIRST ANNUAL MESSAGE. + </h2> + <p class="r"> + NOVEMBER 29, 1809. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + At the period of our last meeting I had the satisfaction of + communicating an adjustment with one of the principal + belligerent nations, highly important in itself, and still + more so as presaging a more extended accommodation. It is + with deep concern I am now to inform you that the favorable + prospect has been overclouded by a refusal of the British + Government to abide by the act of its minister + plenipotentiary, and by its ensuing policy toward the United + States as seen through the communications of the minister + sent to replace him. + </p> + <p> + Whatever pleas may be urged for a disavowal of engagements + formed by diplomatic functionaries in cases where by the + terms of the engagements a mutual ratification is reserved, + or where notice at the time may have been given of a + departure from instructions, or in extraordinary cases + essentially violating the principles of equity, a disavowal + could not have been apprehended in a case where no such + notice or violation existed, where no such ratification was + reserved, and more especially where, as is now in proof, an + engagement to be executed without any such ratification was + contemplated by the instructions given, and where it had with + good faith been carried into immediate execution on the part + of the United States. + </p> + <p> + These considerations not having restrained the British + Government from disavowing the arrangement by virtue of which + its orders in council were to be revoked, and the event + authorizing the renewal of commercial intercourse having thus + not taken place, it necessarily became a question of equal + urgency and importance whether the act prohibiting that + intercourse was not to be considered as remaining in legal + force. This question being, after due deliberation, + determined in the affirmative, a proclamation to that effect + was issued. It could not but happen, however, that a return + to this state of things from that which had followed an + execution of the arrangement by the United States would + involve difficulties. With a view to diminish these as much + as possible, the instructions from the Secretary of the + Treasury now laid before you were transmitted to the + collectors of the several ports. If in permitting British + vessels to depart without giving bonds not to proceed to + their own ports it should appear that the tenor of legal + authority has not been strictly pursued, it is to be ascribed + to the anxious desire which was felt that no individuals + should be injured by so unforeseen an occurrence; and I rely + on the regard of Congress for the equitable interests of our + own citizens to adopt whatever further provisions may be + found requisite for a general remission of penalties + involuntarily incurred. + </p> + <p> + The recall of the disavowed minister having been followed by + the appointment of a successor, hopes were indulged that the + new mission would contribute to alleviate the disappointment + which had been produced, and to remove the causes which had + so long embarrassed the good understanding of the two + nations. It could not be doubted that it would at least be + charged with conciliatory explanations of the step which had + been taken and with proposals to be substituted for the + rejected arrangement. Reasonable and universal as this + expectation was, it also has not been fulfilled. From the + first official disclosures of the new minister it was found + that he had received no authority to enter into explanations + relative to either branch of the arrangement disavowed nor + any authority to substitute proposals as to that branch which + concerned the British orders in council, and, finally, that + his proposals with respect to the other branch, the attack on + the frigate <i>Chesapeake</i>, were founded on a presumption + repeatedly declared to be inadmissible by the United States, + that the first step toward adjustment was due from them, the + proposals at the same time omitting even a reference to the + officer answerable for the murderous aggression, and + asserting a claim not less contrary to the British laws and + British practice than to the principles and obligations of + the United States. + </p> + <p> + The correspondence between the Department of State and this + minister will show how unessentially the features presented + in its commencement have been varied in its progress. It will + show also that, forgetting the respect due to all + governments, he did not refrain from imputations on this, + which required that no further communications should be + received from him. The necessity of this step will be made + known to His Britannic Majesty through the minister + plenipotentiary of the United States in London; and it would + indicate a want of the confidence due to a Government which + so well understands and exacts what becomes foreign ministers + near it not to infer that the misconduct of its own + representative will be viewed in the same light in which it + has been regarded here. The British Government will learn at + the same time that a ready attention will be given to + communications through any channel which may be substituted. + It will be happy if the change in this respect should be + accompanied by a favorable revision of the unfriendly policy + which has been so long pursued toward the United States. + </p> + <p> + With France, the other belligerent, whose trespasses on our + commercial rights have long been the subject of our just + remonstrances, the posture of our relations does not + correspond with the measures taken on the part of the United + States to effect a favorable change. The result of the + several communications made to her Government, in pursuance + of the authorities vested by Congress in the Executive, is + contained in the correspondence of our minister at Paris now + laid before you. + </p> + <p> + By some of the other belligerents, although professing just + and amicable dispositions, injuries materially affecting our + commerce have not been duly controlled or repressed. In these + cases the interpositions deemed proper on our part have not + been omitted. But it well deserves the consideration of the + Legislature how far both the safety and the honor of the + American flag may be consulted, by adequate provisions + against that collusive prostitution of it by individuals + unworthy of the American name which has so much favored the + real or pretended suspicions under which the honest commerce + of their fellow-citizens has suffered. + </p> + <p> + In relation to the powers on the coast of Barbary, nothing + has occurred which is not of a nature rather to inspire + confidence than distrust as to the continuance of the + existing amity. With our Indian neighbors, the just and + benevolent system continued toward them has also preserved + peace, and is more and more advancing habits favorable to + their civilization and happiness. + </p> + <p> + From a statement which will be made by the Secretary of War + it will be seen that the fortifications on our maritime + frontier are in many of the ports completed, affording the + defense which was contemplated, and that a further time will + be required to render complete the works in the harbor of New + York and in some other places. By the enlargement of the + works and the employment of a greater number of hands at the + public armories the supply of small arms of an improving + quality appears to be annually increasing at a rate that, + with those made on private contract, may be expected to go + far toward providing for the public exigency. + </p> + <p> + The act of Congress providing for the equipment of our + vessels of war having been fully carried into execution, I + refer to the statement of the Secretary of the Navy for the + information which may be proper on that subject. To that + statement is added a view of the transfers of appropriations + authorized by the act of the session preceding the last and + of the grounds on which the transfers were made. + </p> + <p> + Whatever may be the course of your deliberations on the + subject of our military establishments, I should fail in my + duty in not recommending to your serious attention the + importance of giving to our militia, the great bulwark of our + security and resource of our power, an organization the best + adapted to eventual situations for which the United States + ought to be prepared. + </p> + <p> + The sums which had been previously accumulated in the + Treasury, together with the receipts during the year ending + on the 30th of September last (and amounting to more than + $9,000,000), have enabled us to fulfill all our engagements + and to defray the current expenses of Government without + recurring to any loan. But the insecurity of our commerce and + the consequent diminution of the public revenue will probably + produce a deficiency in the receipts of the ensuing year, for + which and for other details I refer to the statements which + will be transmitted from the Treasury. + </p> + <p> + In the state which has been presented of our affairs with the + great parties to a disastrous and protracted war, carried on + in a mode equally injurious and unjust to the United States + as a neutral nation, the wisdom of the National legislature + will be again summoned to the important decision on the + alternatives before them. That these will be met in a spirit + worthy the councils of a nation conscious both of its + rectitude and of its rights, and careful as well of its honor + as of its peace, I have an entire confidence; and that the + result will be stamped by a unanimity becoming the occasion, + and be supported by every portion of our citizens with a + patriotism enlightened and invigorated by experience, ought + as little to be doubted. + </p> + <p> + In the midst of the wrongs and vexations experienced from + external causes there is much room for congratulation on the + prosperity and happiness flowing from our situation at home. + The blessing of health has never been more universal. The + fruits of the seasons, though in particular articles and + districts short of their usual redundancy, are more than + sufficient for our wants and our comforts. The face of our + country everywhere presents the evidence of laudable + enterprise, of extensive capital, and of durable improvement. + In a cultivation of the materials and the extension of useful + manufactures, more especially in the general application to + household fabrics, we behold a rapid diminution of our + dependence on foreign supplies. Nor is it unworthy of + reflection that this revolution in our pursuits and habits is + in no slight degree a consequence of those impolitic and + arbitrary edicts by which the contending nations, in + endeavoring each of them to obstruct our trade with the + other, have so far abridged our means of procuring the + productions and manufactures of which our own are now taking + the place. + </p> + <p> + Recollecting always that for every advantage which may + contribute to distinguish our lot from that to which others + are doomed by the unhappy spirit of the times we are indebted + to that Divine Providence whose goodness has been so + remarkably extended to this rising nation, it becomes us to + cherish a devout gratitude, and to implore from the same + omnipotent source a blessing on the consultations and + measures about to be undertaken for the welfare of our + beloved country. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + DECEMBER 12, 1809. </> + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + According to the request of the House of Representatives + expressed in their resolution of the 11th instant, I now lay + before them a printed copy of a paper purporting to be a + circular letter from Mr. Jackson to the British consuls in + the United States, as received in a Gazette at the Department + of State; and also a printed paper received in a letter from + our minister in London, purporting to be a copy of a dispatch + from Mr. Canning to Mr. Erskine of the 23d of January last. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 16, 1809. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Agreeably to the request in the resolution of the 15th + instant, I transmit a copy of the correspondence with the + governor of Pennsylvania in the case of Gideon Olmstead, + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 16, 1809. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + Agreeably to the request expressed in the resolution of the + 13th instant, I lay before the House extracts from the + correspondence of the minister plenipotentiary of the United + States at London. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 22, 1809. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I lay before the Senate, for their consideration whether they + will advise and consent to the ratification thereof, a treaty + concluded on the 30th September last with the Delaware, + Potawattamie, Miami, and Eel-river Miami Indian tribes + northwest of the Ohio; a separate article of the same date, + with the said tribes, and a convention with the Weea tribe, + concluded on the 26th October last; the whole being + accompanied with the explanatory documents, + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 3, 1810. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The act authorizing a detachment of 100,000 men from the + militia will expire on the 30th of March next. Its early + revival is recommended, in order that timely steps may be + taken for arrangements such as the act contemplated. + </p> + <p> + Without interfering with the modifications rendered necessary + by the defects or the inefficacy of the laws restrictive of + commerce and navigation, or with the policy of disallowing to + foreign armed vessels the use of our waters, it falls within + my duty to recommend also that, in addition to the + precautionary measure authorized by that act and to the + regular troops for completing the legal establishment of + which enlistments are renewed, every necessary provision may + be made for a volunteer force of 20,000 men, to be enlisted + for a short period and held in a state of organization and + readiness for actual service at the shortest warning. + </p> + <p> + I submit to the consideration of Congress, moreover, the + expediency of such a classification and organization of the + militia as will best insure prompt and successive aids from + that source, adequate to emergencies which may call for them. + </p> + <p> + It will rest with them also to determine how far further + provision may be expedient for putting into actual service, + if necessary, any part of the naval armament not now + employed. + </p> + <p> + At a period presenting features in the conduct of foreign + powers toward the United States which impose on them the + necessity of precautionary measures involving expense, it is + a happy consideration that such is the solid state of the + public credit that reliance may be justly placed on any legal + provision that may be made for resorting to it in a + convenient form and to an adequate amount, + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 9, 1810. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I lay before the Senate, for their consideration whether they + will advise and consent to the ratification thereof, a treaty + concluded on the 9th day of December last with the Kickapoo + tribe of Indians, accompanied by explanations in an extract + of a letter from the governor of the Indiana Territory, + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 15, 1810. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I lay before the Senate, for their consideration whether they + will advise and consent to the ratification thereof, a treaty + concluded with the Great and Little Osage Indians on the 10th + day of November, 1808, and the 31st day of August, 1809. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 22, 1810. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate a report of the Secretary of the + Treasury, complying with their resolution of the 27th of + December, on the subject of disbursements in the intercourse + with the Barbary Powers. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 28, 1810. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now lay before you copies of the treaties concluded with + the Delaware, Pottawatamie, Miami, Eel River, and Wea tribes + of Indians for the extinguishment of their title to the lands + therein described, and I recommend to the consideration of + Congress the making provision by law for carrying them into + execution. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 15, 1810. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + A treaty having been entered into and duly ratified with the + Kickapoo tribe of Indians for the extinguishment of their + title to certain lands within the Indiana Territory, + involving conditions which require legislative provision, I + submit copies thereof to both branches for consideration. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 27, 1810, + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In consequence of your resolution of the 26th instant, an + inquiry has been made into the correspondence of our minister + at the Court of London with the Department of State, from + which it appears that no official communication has been + received from him since his receipt of the letter of November + 23 last from the Secretary of State. A letter of January 4, + 1810, has been received from that minister by Mr. Smith, but + being stated to be private and unofficial, and involving, + moreover, personal considerations of a delicate nature, a + copy is considered as not within the purview of the call of + the House. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas the territory south of the Mississippi Territory and + eastward of the river Mississippi, and extending to the river + Perdido, of which possession was not delivered to the United + States in pursuance of the treaty concluded at Paris on the + 30th April, 1803, has at all times, as is well known, been + considered and claimed by them as being within the colony of + Louisiana conveyed by the said treaty in the same extent that + it had in the hands of Spain and that it had when France + originally possessed it; and + </p> + <p> + Whereas the acquiescence of the United States in the + temporary continuance of the said territory under the Spanish + authority was not the result of any distrust of their title, + as has been particularly evinced by the general tenor of + their laws and by the distinction made in the application of + those laws between that territory and foreign countries, but + was occasioned by their conciliatory views and by a + confidence in the justice of their cause and in the success + of candid discussion and amicable negotiation with a just and + friendly power; and + </p> + <p> + Whereas a satisfactory adjustment, too long delayed, without + the fault of the United States, has for some time been + entirely suspended by events over which they had no control; + and + </p> + <p> + Whereas a crisis has at length arrived subversive of the + order of things under the Spanish authorities, whereby a + failure of the United States to take the said territory into + its possession may lead to events ultimately contravening the + views of both parties, whilst in the meantime the + tranquillity and security of our adjoining territories are + endangered and new facilities given to violations of our + revenue and commercial laws and of those prohibiting the + introduction of slaves; + </p> + <p> + Considering, moreover, that under these peculiar and + imperative circumstances a forbearance on the part of the + United States to occupy the territory in question, and + thereby guard against the confusions and contingencies which + threaten it, might be construed into a dereliction of their + title or an insensibility to the importance of the stake; + considering that in the hands of the United States it will + not cease to be a subject of fair and friendly negotiation + and adjustment; considering, finally, that the acts of + Congress, though contemplating a present possession by a + foreign authority, have contemplated also an eventual + possession of the said territory by the United States, and + are accordingly so framed as in that case to extend in their + operation to the same: + </p> + <p> + Now be it known that I, James Madison, President of the + United States of America, in pursuance of these weighty and + urgent considerations, have deemed it right and requisite + that possession should be taken of the said territory in the + name and behalf of the United States. William C.C. Claiborne, + governor of the Orleans Territory, of which the said + Territory is to be taken as part, will accordingly proceed to + execute the same and to exercise over the said Territory the + authorities and functions legally appertaining to his office; + and the good people inhabiting the same are invited and + enjoined to pay due respect to him in that character, to be + obedient to the laws, to maintain order, to cherish harmony, + and in every manner to conduct themselves as peaceable + citizens, under full assurance that they will be protected in + the enjoyment of their liberty, property, and religion. + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be hereunto affixed, and signed the same with my + hand. + </p> + <p> + [SEAL.] + </p> + <p> + Done at the city of Washington, the 27th day of October, A.D. + 1810, and in the thirty-fifth year of the Independence of the + said United States. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + R. SMITH,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <center> + [From Annals of Congress, Eleventh Congress, third session, + 1248.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by the fourth section of the act of Congress passed + on the 1st day of May, 1810, entitled "An act concerning the + commercial intercourse between the United States and Great + Britain and France and their dependencies, and for other + purposes," it is provided "that in case either Great Britain + or France shall before the 3d day of March next so revoke or + modify her edicts as that they shall cease to violate the + neutral commerce of the United States, which fact the + President of the United States shall declare by proclamation, + and if the other nation shall not within three months + thereafter so revoke or modify her edicts in like manner, + then the third, fourth, fifth, sixth, seventh, eighth, ninth, + tenth, and eighteenth sections of the act entitled 'An act to + interdict the commercial intercourse between the United + States and Great Britain and France and their dependencies, + and for other purposes,' shall from and after the expiration + of three months from the date of the proclamation aforesaid + be revived and have full force and effect so far as relates + to the dominions, colonies, and dependencies, and to the + articles the growth, produce, or manufacture of the + dominions, colonies, and dependencies, of the nation thus + refusing or neglecting to revoke or modify her edicts in the + manner aforesaid. And the restrictions imposed by this act + shall, from the date of such proclamation cease and be + discontinued in relation to the nation revoking or modifying + her decrees in the manner aforesaid;" and + </p> + <p> + Whereas it has been officially made known to this Government + that the edicts of France violating the neutral commerce of + the United States have been so revoked as to cease to have + effect on the 1st of the present month: + </p> + <p> + Now, therefore, I, James Madison, President of the United + States, do hereby proclaim that the said edicts of France + have been so revoked as that they ceased on the said 1st day + of the present month to violate the neutral commerce of the + United States, and that from the date of these presents all + the restrictions imposed by the aforesaid act shall cease and + be discontinued in relation to France and their dependencies. + </p> + <p> + [SEAL.] + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be hereunto affixed, and signed the same with my + hand, at the city of Washington, this 2d day of November, + A.D. 1810, and of the Independence of the United States the + thirty-fifth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + R. SMITH,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SECOND ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 5, 1810</i>. + </p> + <p> + <i>Fellow Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + The embarrassments which have prevailed in our foreign + relations, and so much employed the deliberations of + Congress, make it a primary duty in meeting you to + communicate whatever may have occurred in that branch of our + national affairs. + </p> + <p> + The act of the last session of Congress concerning the + commercial intercourse between the United States and Great + Britain and France and their dependencies having invited in a + new form a termination of their edicts against our neutral + commerce, copies of the act were immediately forwarded to our + ministers at London and Paris, with a view that its object + might be within the early attention of the French and British + Governments. + </p> + <p> + By the communication received through our minister at Paris + it appeared that a knowledge of the act by the French + Government was followed by a declaration that the Berlin and + Milan decrees were revoked, and would cease to have effect on + the 1st day of November ensuing. These being the only known + edicts of France within the description of the act, and the + revocation of them being such that they ceased at that date + to violate our neutral commerce, the fact, as prescribed by + law, was announced by a proclamation bearing date the 2d day + of November. + </p> + <p> + It would have well accorded with the conciliatory views + indicated by this proceeding on the part of France to have + extended them to all the grounds of just complaint which now + remain unadjusted with the United States. It was particularly + anticipated that, as a further evidence of just dispositions + toward them, restoration would have been immediately made of + the property of our citizens seized under a misapplication of + the principle of reprisals combined with a misconstruction of + a law of the United States. This expectation has not been + fulfilled. + </p> + <p> + From the British Government no communication on the subject + of the act has been received. To a communication from our + minister at London of a revocation by the French Government + of its Berlin and Milan decrees it was answered that the + British system would be relinquished as soon as the repeal of + the French decrees should have actually taken effect and the + commerce of neutral nations have been restored to the + condition in which it stood previously to the promulgation of + those decrees. This pledge, although it does not necessarily + import, does not exclude the intention of relinquishing, + along with the orders in council, the practice of those novel + blockades which have a like effect of interrupting our + neutral commerce, and this further justice to the United + States is the rather to be looked for, inasmuch as the + blockades in question, being not more contrary to the + established law of nations than inconsistent with the rules + of blockade formally recognized by Great Britain herself, + could have no alleged basis other than the plea of + retaliation alleged as the basis of the orders in council. + Under the modification of the original orders of November, + 1807, into the orders of April, 1809, there is, indeed, + scarcely a nominal distinction between the orders and the + blockades. One of those illegitimate blockades, bearing date + in May, 1806, having been expressly avowed to be still + unrescinded, and to be in effect comprehended in the orders + in council, was too distinctly brought within the purview of + the act of Congress not to be comprehended in the explanation + of the requisites to a compliance with it. The British + Government was accordingly apprised by our minister near it + that such was the light in which the subject was to be + regarded. + </p> + <p> + On the other important subjects depending between the United + States and that Government no progress has been made from + which an early and satisfactory result can be relied on. + </p> + <p> + In this new posture of our relations with those powers the + consideration of Congress will be properly turned to a + removal of doubts which may occur in the exposition and of + difficulties in the execution of the act above cited. + </p> + <p> + The commerce of the United States with the north of Europe, + heretofore much vexed by licentious cruisers, particularly + under the Danish flag, has latterly been visited with fresh + and extensive depredations. The measures pursued in behalf of + our injured citizens not having obtained justice for them, a + further and more formal interposition with the Danish + Government is contemplated. The principles which have been + maintained by that Government in relation to neutral + commerce, and the friendly professions of His Danish Majesty + toward the United States, are valuable pledges in favor of a + successful issue. + </p> + <p> + Among the events growing out of the state of the Spanish + Monarchy, our attention was imperiously attracted to the + change developing itself in that portion of West Florida + which, though of right appertaining to the United States, had + remained in the possession of Spain awaiting the result of + negotiations for its actual delivery to them. The Spanish + authority was subverted and a situation produced exposing the + country to ulterior events which might essentially affect the + rights and welfare of the Union. In such a conjuncture I did + not delay the interposition required for the occupancy of the + territory west of the river Perdido, to which the title of + the United States extends, and to which the laws provided for + the Territory of Orleans are applicable. With this view, the + proclamation of which a copy is laid before you was confided + to the governor of that Territory to be carried into effect. + The legality and necessity of the course pursued assure me of + the favorable light in which it will present itself to the + Legislature, and of the promptitude with which they will + supply whatever provisions may be due to the essential rights + and equitable interests of the people thus brought into the + bosom of the American family. + </p> + <p> + Our amity with the powers of Barbary, with the exception of a + recent occurrence at Tunis, of which an explanation is just + received, appears to have been uninterrupted and to have + become more firmly established. + </p> + <p> + With the Indian tribes also the peace and friendship of the + United States are found to be so eligible that the general + disposition to preserve both continues to gain strength. + </p> + <p> + I feel particular satisfaction in remarking that an interior + view of our country presents us with grateful proofs of its + substantial and increasing prosperity. To a thriving + agriculture and the improvements related to it is added a + highly interesting extension of useful manufactures, the + combined product of professional occupations and of household + industry. Such indeed is the experience of economy as well as + of policy in these substitutes for supplies heretofore + obtained by foreign commerce that in a national view the + change is justly regarded as of itself more than a recompense + for those privations and losses resulting from foreign + injustice which furnished the general impulse required for + its accomplishment. How far it may be expedient to guard the + infancy of this improvement in the distribution of labor by + regulations of the commercial tariff is a subject which can + not fail to suggest itself to your patriotic reflections. + </p> + <p> + It will rest with the consideration of Congress also whether + a provident as well as fair encouragement would not be given + to our navigation by such regulations as would place it on a + level of competition with foreign vessels, particularly in + transporting the important and bulky productions of our own + soil. The failure of equality and reciprocity in the existing + regulations on this subject operates in our ports as a + premium to foreign competitors, and the inconvenience must + increase as these may be multiplied under more favorable + circumstances by the more than countervailing encouragements + now given them by the laws of their respective countries. + </p> + <p> + Whilst it is universally admitted that a well-instructed + people alone can be permanently a free people, and whilst it + is evident that the means of diffusing and improving useful + knowledge form so small a proportion of the expenditures for + national purposes, I can not presume it to be unseasonable to + invite your attention to the advantages of superadding to the + means of education provided by the several States a seminary + of learning instituted by the National Legislature within the + limits of their exclusive jurisdiction, the expense of which + might be defrayed or reimbursed out of the vacant grounds + which have accrued to the nation within those limits. + </p> + <p> + Such an institution, though local in its legal character, + would be universal in its beneficial effects. By enlightening + the opinions, by expanding the patriotism, and by + assimilating the principles, the sentiments, and the manners + of those who might resort to this temple of science, to be + redistributed in due time through every part of the + community, sources of jealousy and prejudice would be + diminished, the features of national character would be + multiplied, and greater extent given to social harmony. But, + above all, a well-constituted seminary in the center of the + nation is recommended by the consideration that the + additional instruction emanating from it would contribute not + less to strengthen the foundations than to adorn the + structure of our free and happy system of government. + </p> + <p> + Among the commercial abuses still committed under the + American flag, and leaving in force my former reference to + that subject, it appears that American citizens are + instrumental in carrying on a traffic in enslaved Africans, + equally in violation of the laws of humanity and in defiance + of those of their own country. The same just and benevolent + motives which produced the interdiction in force against this + criminal conduct will doubtless be felt by Congress in + devising further means of suppressing the evil. + </p> + <p> + In the midst of uncertainties necessarily connected with the + great interests of the United States, prudence requires a + continuance of our defensive and precautionary arrangement. + The Secretary of War and Secretary of the Navy will submit + the statements and estimates which may aid Congress in their + ensuing provisions for the land and naval forces. The + statements of the latter will include a view of the transfers + of appropriations in the naval expenditures and the grounds + on which they were made. + </p> + <p> + The fortifications for the defense of our maritime frontier + have been prosecuted according to the plan laid down in 1808. + The works, with some exceptions, are completed and furnished + with ordnance. Those for the security of the city of New + York, though far advanced toward completion, will require a + further time and appropriation. This is the case with a few + others, either not completed or in need of repairs. + </p> + <p> + The improvements in quality and quantity made in the + manufacture of cannon and small arms, both at the public + armories and private factories, warrant additional confidence + in the competency of these resources for supplying the public + exigencies. + </p> + <p> + These preparations for arming the militia having thus far + provided for one of the objects contemplated by the power + vested in Congress with respect to that great bulwark of the + public safety, it is for their consideration whether further + provisions are not requisite for the other contemplated + objects of organization and discipline. To give to this great + mass of physical and moral force the efficiency which it + merits, and is capable of receiving, it is indispensable that + they should be instructed and practiced in the rules by which + they are to be governed. Toward an accomplishment of this + important work I recommend for the consideration of Congress + the expediency of instituting a system which shall in the + first instance call into the field at the public expense and + for a given time certain portions of the commissioned and + noncommissioned officers. The instruction and discipline thus + acquired would gradually diffuse through the entire body of + the militia that practical knowledge and promptitude for + active service which are the great ends to be pursued. + Experience has left no doubt either of the necessity or of + the efficacy of competent military skill in those portions of + an army in fitting it for the final duties which it may have + to perform. + </p> + <p> + The Corps of Engineers, with the Military Academy, are + entitled to the early attention of Congress. The buildings at + the seat fixed by law for the present Academy are so far in + decay as not to afford the necessary accommodation. But a + revision of the law is recommended, principally with a view + to a more enlarged cultivation and diffusion of the + advantages of such institutions, by providing professorships + for all the necessary branches of military instruction, and + by the establishment of an additional academy at the seat of + Government or elsewhere. The means by which war, as well for + defense as for offense, are now carried on render these + schools of the more scientific operations an indispensable + part of every adequate system. Even among nations whose large + standing armies and frequent wars afford every other + opportunity of instruction these establishments are found to + be indispensable for the due attainment of the branches of + military science which require a regular course of study and + experiment. In a government happily without the other + opportunities seminaries where the elementary principles of + the art of war can be taught without actual war, and without + the expense of extensive and standing armies, have the + precious advantage of uniting an essential preparation + against external danger with a scrupulous regard to internal + safety. In no other way, probably, can a provision of equal + efficacy for the public defense be made at so little expense + or more consistently with the public liberty. + </p> + <p> + The receipts into the Treasury during the year ending on the + 30th of September last (and amounting to more than + $8,500,000) have exceeded the current expenses of the + Government, including the interest on the public debt. For + the purpose of reimbursing at the end of the year $3,750,000 + of the principal, a loan, as authorized by law, had been + negotiated to that amount, but has since been reduced to + $2,750,000, the reduction being permitted by the state of the + Treasury, in which there will be a balance remaining at the + end of the year estimated at $2,000,000. For the probable + receipts of the next year and other details I refer to + statements which will be transmitted from the Treasury, and + which will enable you to judge what further provisions may be + necessary for the ensuing years. + </p> + <p> + Reserving for future occasions in the course of the session + whatever other communications may claim your attention, I + close the present by expressing my reliance, under the + blessing of Divine Providence, on the judgment and patriotism + which will guide your measures at a period particularly + calling for united councils and inflexible exertions for the + welfare of our country, and by assuring you of the fidelity + and alacrity with which my cooperation will be afforded. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + DECEMBER 12, 1810. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress, and recommend to their early + attention, a report of the Secretary of State, from which it + will be seen that a very considerable demand beyond the legal + appropriations has been incurred for the support of seamen + distressed by seizures, in different parts of Europe, of the + vessels to which they belonged. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 3, 1811</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress, in confidence, a letter of the 2d + of December from Governor Folch, of West Florida, to the + Secretary of State, and another of the same date from the + same to John McKee. + </p> + <p> + I communicate in like manner a letter from the British charge + d'affaires to the Secretary of State, with the answer of the + latter. Although the letter can not have been written in + consequence of any instruction from the British Government + founded on the late order for taking possession of the + portion of West Florida well known to be claimed by the + United States; although no communication has ever been made + by that Government to this of any stipulation with Spain + contemplating an interposition which might so materially + affect the United States, and although no call can have been + made by Spain in the present instance for the fulfillment of + any such subsisting engagement, yet the spirit and scope of + the document, with the accredited source from which it + proceeds, required that it should not be withheld from the + consideration of Congress. + </p> + <p> + Taking into view the tenor of these several communications, + the posture of things with which they are connected, the + intimate relation of the country adjoining the United States + eastward of the river Perdido to their security and + tranquillity, and the peculiar interest they otherwise have + in its destiny, I recommend to the consideration of Congress + the seasonableness of a declaration that the United States + could not see without serious inquietude any part of a + neighboring territory in which they have in different + respects so deep and so just a concern pass from the hands of + Spain into those of any other foreign power. + </p> + <p> + I recommend to their consideration also the expediency of + authorizing the Executive to take temporary possession of any + part or parts of the said Territory, in pursuance of + arrangements which may be desired by the Spanish authorities, + and for making provision for the government of the same + during such possession. + </p> + <p> + The wisdom of Congress will at the same time determine how + far it may be expedient to provide for the event of a + subversion of the Spanish authorities within the Territory in + question, and an apprehended occupancy thereof by any other + foreign power. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 10, 1811. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress, in confidence, the translation of + a letter from Louis de Onis to the captain general of + Caraccas. + </p> + <p> + The tendency of misrepresentations and suggestions which it + may be inferred from this specimen enter into more important + correspondences of the writer to promote in foreign councils + at a critical period views adverse to the peace and to the + best interests of our country renders the contents of the + letter of sufficient moment to be made known to the + legislature, + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 30, 1811. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress copies of a letter from the Secretary + of the Treasury, accompanied by copies of the Laws, Treaties, + and other Documents Relative to the Public Lands, as + collected and arranged pursuant to the act passed April 27, + 1810. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 31, 1811. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress a letter from the charge d'affaires of + the United States at Paris to the Secretary of State, and + another from the same to the French minister of foreign + relations; also two letters from the agent of the American + consul at Bordeaux to the Secretary of State. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 16, 1811. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now lay before Congress the treaty concluded on the 10th of + November, 1808, on the part of the United States with the + Great and Little Osage tribes of Indians, with a view to such + legal provisions as may be deemed proper for fulfilling its + stipulations. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + VETO MESSAGES. + </h2> + <p class="r"> + FEBRUARY 21, 1811. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + Having examined and considered the bill entitled "An act + incorporating the Protestant Episcopal Church in the town of + Alexandria, in the District of Columbia," I now return the + bill to the House of Representatives, in which it originated, + with the following objections: + </p> + <p> + <i>Because</i> the bill exceeds the rightful authority to + which governments are limited by the essential distinction + between civil and religious functions, and violates in + particular the article of the Constitution of the United + States which declares that "Congress shall make no law + respecting a religious establishment." The bill enacts into + and establishes by law sundry rules and proceedings relative + purely to the organization and polity of the church + incorporated, and comprehending even the election and removal + of the minister of the same, so that no change could be made + therein by the particular society or by the general church of + which it is a member, and whose authority it recognizes. This + particular church, therefore, would so far be a religious + establishment by law, a legal force and sanction being given + to certain articles in its constitution and administration. + Nor can it be considered that the articles thus established + are to be taken as the descriptive criteria only of the + corporate identity of the society, inasmuch as this identity + must depend on other characteristics, as the regulations + established are generally unessential and alterable according + to the principles and canons by which churches of that + denomination govern themselves, and as the injunctions and + prohibitions contained in the regulations would be enforced + by the penal consequences applicable to a violation of them + according to the local law. + </p> + <p> + <i>Because</i> the bill vests in the said incorporated church + an authority to provide for the support of the poor and the + education of poor children of the same, an authority which, + being altogether superfluous if the provision is to be the + result of pious charity, would be a precedent for giving to + religious societies as such a legal agency in carrying into + effect a public and civil duty. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 28, 1811. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + Having examined and considered the bill entitled "An act for + the relief of Richard Tervin, William Coleman, Edwin Lewis, + Samuel Mims, Joseph Wilson, and the Baptist Church at Salem + Meeting House, in the Mississippi Territory," I now return + the same to the House of Representatives, in which it + originated, with the following objection: + </p> + <p> + <i>Because</i> the bill in reserving a certain parcel of land + of the United States for the use of said Baptist Church + comprises a principle and precedent for the appropriation of + funds of the United States for the use and support of + religious societies, contrary to the article of the + Constitution which declares that "Congress shall make no law + respecting a religious establishment." + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + [From the National Intelligencer, July 25, 1811] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas great and weighty matters claiming the consideration + of the Congress of the United States form an extraordinary + occasion for convening them, I do by these presents appoint + Monday, the 4th day of November next, for their meeting at + the city of Washington, hereby requiring the respective + Senators and Representatives then and there to assemble in + Congress, in order to receive such communications as may then + be made to them, and to consult and determine on such + measures as in their wisdom may be deemed meet for the + welfare of the United States. + </p> + <p> + [SEAL.] + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be hereunto affixed, and signed the same with my + hand, Done at the city of Washington, the 24th day of July, + A.D. 1811, and of the Independence of the United States the + thirty-sixth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + JAMES MONROE,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + THIRD ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>November 5, 1811</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + In calling you together sooner than a separation from your + homes would otherwise have been required I yielded to + considerations drawn from the posture of our foreign affairs, + and in fixing the present for the time of your meeting regard + was had to the probability of further developments of the + policy of the belligerent powers toward this country which + might the more unite the national councils in the measures to + be pursued. + </p> + <p> + At the close of the last session of Congress it was hoped + that the successive confirmations of the extinction of the + French decrees, so far as they violated our neutral commerce, + would have induced the Government of Great Britain to repeal + its orders in council, and thereby authorize a removal of the + existing obstructions to her commerce with the United States. + </p> + <p> + Instead of this reasonable step toward satisfaction and + friendship between the two nations, the orders were, at a + moment when least to have been expected, put into more + rigorous execution; and it was communicated through the + British envoy just arrived that whilst the revocation of the + edicts of France, as officially made known to the British + Government, was denied to have taken place, it was an + indispensable condition of the repeal of the British orders + that commerce should be restored to a footing that would + admit the productions and manufactures of Great Britain, when + owned by neutrals, into markets shut against them by her + enemy, the United States being given to understand that in + the meantime a continuance of their non importation act would + lead to measures of retaliation. + </p> + <p> + At a later date it has indeed appeared that a communication + to the British Government of fresh evidence of the repeal of + the French decrees against our neutral trade was followed by + an intimation that it had been transmitted to the British + plenipotentiary here in order that it might receive full + consideration in the depending discussions. This + communication appears not to have been received; but the + transmission of it hither, instead of founding on it an + actual repeal of the orders or assurances that the repeal + would ensue, will not permit us to rely on any effective + change in the British cabinet. To be ready to meet with + cordiality satisfactory proofs of such a change, and to + proceed in the meantime in adapting our measures to the views + which have been disclosed through that minister will best + consult our whole duty. + </p> + <p> + In the unfriendly spirit of those disclosures indemnity and + redress for other wrongs have continued to be withheld, and + our coasts and the mouths of our harbors have again witnessed + scenes not less derogatory to the dearest of our national + rights than vexatious to the regular course of our trade. + </p> + <p> + Among the occurrences produced by the conduct of British + ships of war hovering on our coasts was an encounter between + one of them and the American frigate commanded by Captain + Rodgers, rendered unavoidable on the part of the latter by a + fire commenced without cause by the former, whose commander + is therefore alone chargeable with the blood unfortunately + shed in maintaining the honor of the American flag. The + proceedings of a court of inquiry requested by Captain + Rodgers are communicated, together with the correspondence + relating to the occurrence, between the Secretary of State + and His Britannic Majesty's envoy. To these are added the + several correspondences which have passed on the subject of + the British orders in council, and to both the correspondence + relating to the Floridas, in which Congress will be made + acquainted with the interposition which the Government of + Great Britain has thought proper to make against the + proceeding of the United States. + </p> + <p> + The justice and fairness which have been evinced on the part + of the United States toward France, both before and since the + revocation of her decrees, authorized an expectation that her + Government would have followed up that measure by all such + others as were due to our reasonable claims, as well as + dictated by its amicable professions. No proof, however, is + yet given of an intention to repair the other wrongs done to + the United States, and particularly to restore the great + amount of American property seized and condemned under edicts + which, though not affecting our neutral relations, and + therefore not entering into questions between the United + States and other belligerents, were nevertheless founded in + such unjust principles that the reparation ought to have been + prompt and ample. + </p> + <p> + In addition to this and other demands of strict right on that + nation, the United States have much reason to be dissatisfied + with the rigorous and unexpected restrictions to which their + trade with the French dominions has been subjected, and + which, if not discontinued, will require at least + corresponding restrictions on importations from France into + the United States. + </p> + <p> + On all those subjects our minister plenipotentiary lately + sent to Paris has carried with him the necessary + instructions, the result of which will be communicated to + you, and, by ascertaining the ulterior policy of the French + Government toward the United States, Will enable you to adapt + to it that of the United States toward France. + </p> + <p> + Our other foreign relations remain without unfavorable + changes. With Russia they are on the best footing of + friendship. The ports of Sweden have afforded proofs of + friendly dispositions toward our commerce in the councils of + that nation also, and the information from our special + minister to Denmark shews that the mission had been attended + with valuable effects to our citizens, whose property had + been so extensively violated and endangered by cruisers under + the Danish flag. + </p> + <p> + Under the ominous indications which commanded attention it + became a duty to exert the means committed to the executive + department in providing for the general security. The works + of defense on our maritime frontier have accordingly been + prosecuted with an activity leaving little to be added for + the completion of the most important ones, and, as + particularly suited for cooperation in emergencies, a portion + of the gunboats have in particular harbors been ordered into + use. The ships of war before in commission, with the addition + of a frigate, have been chiefly employed as a cruising guard + to the rights of our coast, and such a disposition has been + made of our land forces as was thought to promise the + services most appropriate and important. In this disposition + is included a force consisting of regulars and militia, + embodied in the Indiana Territory and marched toward our + northwestern frontier. This measure was made requisite by + several murders and depredations committed by Indians, but + more especially by the menacing preparations and aspect of a + combination of them on the Wabash, under the influence and + direction of a fanatic of the Shawanese tribe. With these + exceptions the Indian tribes retain their peaceable + dispositions toward us, and their usual pursuits. + </p> + <p> + I must now add that the period is arrived which claims from + the legislative guardians of the national rights a system of + more ample provisions for maintaining them. Notwithstanding + the scrupulous justice, the protracted moderation, and the + multiplied efforts on the part of the United States to + substitute for the accumulating dangers to the peace of the + two countries all the mutual advantages of reestablished + friendship and confidence, we have seen that the British + cabinet perseveres not only in withholding a remedy for other + wrongs, so long and so loudly calling for it, but in the + execution, brought home to the threshold of our territory, of + measures which under existing circumstances have the + character as well as the effect of war on our lawful + commerce. + </p> + <p> + With this evidence of hostile inflexibility in trampling on + rights which no independent nation can relinquish, Congress + will feel the duty of putting the United States into an armor + and an attitude demanded by the crisis, and corresponding + with the national spirit and expectations. + </p> + <p> + I recommend, accordingly, that adequate provision be made for + filling the ranks and prolonging the enlistments of the + regular troops; for an auxiliary force to be engaged for a + more limited term; for the acceptance of volunteer corps, + whose patriotic ardor may court a participation in urgent + services; for detachments as they may be wanted of other + portions of the militia, and for such a preparation of the + great body as will proportion its usefulness to its intrinsic + capacities. Nor can the occasion fail to remind you of the + importance of those military seminaries which in every event + will form a valuable and frugal part of our military + establishment. + </p> + <p> + The manufacture of cannon and small arms has proceeded with + due success, and the stock and resources of all the necessary + munitions are adequate to emergencies. It will not be + inexpedient, however, for Congress to authorize an + enlargement of them. + </p> + <p> + Your attention will of course be drawn to such provisions on + the subject of our naval force as may be required for the + services to which it may be best adapted. I submit to + Congress the seasonableness also of an authority to augment + the stock of such materials as are imperishable in their + nature, or may not at once be attainable. + </p> + <p> + In contemplating the scenes which distinguish this momentous + epoch, and estimating their claims to our attention, it is + impossible to overlook those developing themselves among the + great communities which occupy the southern portion of our + own hemisphere and extend into our neighborhood. An enlarged + philanthropy and an enlightened forecast concur in imposing + on the national councils an obligation to take a deep + interest in their destinies, to cherish reciprocal sentiments + of good will, to regard the progress of events, and not to be + unprepared for whatever order of things may be ultimately + established. + </p> + <p> + Under another aspect of our situation the early attention of + Congress will be due to the expediency of further guards + against evasions and infractions of our commercial laws. The + practice of smuggling, which is odious everywhere, and + particularly criminal in free governments, where, the laws + being made by all for the good of all, a fraud is committed + on every individual as well as on the state, attains its + utmost guilt when it blends with a pursuit of ignominious + gain a treacherous subserviency, in the transgressors, to a + foreign policy adverse to that of their own country. It is + then that the virtuous indignation of the public should be + enabled to manifest itself through the regular animadversions + of the most competent laws. + </p> + <p> + To secure greater respect to our-mercantile flag, and to the + honest interests which it covers, it is expedient also that + it be made punishable in our citizens to accept licenses from + foreign governments for a trade unlawfully interdicted by + them to other American citizens, or to trade under false + colors or papers of any sort. + </p> + <p> + A prohibition is equally called for against the acceptance by + our citizens of special licenses to be used in a trade with + the United States, and against the admission into particular + ports of the United States of vessels from foreign countries + authorized to trade with particular ports only. + </p> + <p> + Although other subjects will press more immediately on your + deliberations, a portion of them can not but be well bestowed + on the just and sound policy of securing to our manufactures + the success they have attained, and are still attaining, in + some degree, under the impulse of causes not permanent, and + to our navigation, the fair extent of which is at present + abridged by the unequal regulations of foreign governments. + </p> + <p> + Besides the reasonableness of saving our manufactures from + sacrifices which a change of circumstances might bring on + them, the national interest requires that, with respect to + such articles at least as belong to our defense and our + primary wants, we should not be left in unnecessary + dependence on external supplies. And whilst foreign + governments adhere to the existing discriminations in their + ports against our navigation, and an equality or lesser + discrimination is enjoyed by their navigation in our ports, + the effect can not be mistaken, because it has been seriously + felt by our shipping interests; and in proportion as this + takes place the advantages of an independent conveyance of + our products to foreign markets and of a growing body of + mariners trained by their occupations for the service of + their country in times of danger must be diminished. + </p> + <p> + The receipts into the Treasury during the year ending on the + 30th of September last have exceeded $13,500,000, and have + enabled us to defray the current expenses, including the + interest on the public debt, and to reimburse more than + $5,000,000 of the principal without recurring to the loan + authorized by the act of the last session. The temporary loan + obtained in the latter end of the year 1810 has also been + reimbursed, and is not included in that amount. + </p> + <p> + The decrease of revenue arising from the situation of our + commerce, and the extraordinary expenses which have and may + become necessary, must be taken into view in making + commensurate provisions for the ensuing year; and I recommend + to your consideration the propriety of insuring a sufficiency + of annual revenue at least to defray the ordinary expenses of + Government, and to pay the interest on the public debt, + including that on new loans which may be authorized. + </p> + <p> + I can not close this communication without expressing my deep + sense of the crisis in which you are assembled, my confidence + in a wise and honorable result to your deliberations, and + assurances of the faithful zeal with which my cooperating + duties will be discharged, invoking at the same time the + blessing of Heaven on our beloved country and on all the + means that may be employed in vindicating its rights and + advancing its welfare. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>November 13, 1811</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress copies of a correspondence between + the envoy extraordinary and minister plenipotentiary of Great + Britain and the Secretary of State relative to the aggression + committed by a British ship of war on the United States + frigate <i>Chesapeake</i>, by which it will be seen that that + subject of difference between the two countries is terminated + by an offer of reparation, which has been acceded to. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 18, 1811</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress two letters received from Governor + Harrison, of the Indiana Territory, reporting the particulars + and the issue of the expedition under his command, of which + notice was taken in my communication of November 5. + </p> + <p> + While it is deeply lamented that so many valuable lives have + been lost in the action which took place on the 7th ultimo, + Congress will see with satisfaction the dauntless spirit and + fortitude victoriously displayed by every description of the + troops engaged, as well as the collected firmness which + distinguished their commander on an occasion requiring the + utmost exertions of valor and discipline. + </p> + <p> + It may reasonably be expected that the good effects of this + critical defeat and dispersion of a combination of savages, + which appears to have been spreading to a greater extent, + will be experienced not only in a cessation of the murders + and depredations committed on our frontier, but in the + prevention of any hostile incursions otherwise to have been + apprehended. + </p> + <p> + The families of those brave and patriotic citizens who have + fallen in this severe conflict will doubtless engage the + favorable attention of Congress. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 23, 1811</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress copies of an act of the legislature + of New York relating to a canal from the Great Lakes to + Hudson River. In making the communication I consult the + respect due to that State, in whose behalf the commissioners + appointed by the act have placed it in my hands for the + purpose. + </p> + <p> + The utility of canal navigation is universally admitted. It + is no less certain that scarcely any country offers more + extensive opportunities for that branch of improvements than + the United States, and none, perhaps, inducements equally + persuasive to make the most of them. The particular + undertaking contemplated by the State of New York, which + marks an honorable spirit of enterprise and comprises objects + of national as well as more limited importance, will recall + the attention of Congress to the signal advantages to be + derived to the United States from a general system of + internal communication and conveyance, and suggest to their + consideration whatever steps may be proper on their part + toward its introduction and accomplishment. As some of those + advantages have an intimate connection with the arrangements + and exertions for the general security, it is at a period + calling for those that the merits of such a system will be + seen in the strongest lights. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 27, 1811</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress copies of resolutions entered into by + the legislature of Pennsylvania, which have been transmitted + to me with that view by the governor of that State, in + pursuance of one of the said resolutions. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 15, 1812</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress an account of the contingent expenses + of the Government for the year 1811, incurred on the occasion + of taking possession of the territory limited eastwardly by + the river Perdido, and amounting to $3,396. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 16, 1812</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress a letter from the envoy + extraordinary and minister plenipotentiary of Great Britain + to the Secretary of State, with the answer of the latter. + </p> + <p> + The continued evidence afforded in this correspondence of the + hostile policy of the British Government against our national + rights strengthens the considerations recommending and urging + the preparation of adequate means for maintaining them. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 3, 1812. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + At the request of the convention assembled in the Territory + of Orleans on the 22d day of November last, I transmit to + Congress the proceedings of that body in pursuance of the act + entitled "An act to enable the people of the Territory of + Orleans to form a constitution and State government, and for + the admission of the said State into the Union on an equal + footing with the original States, and for other purposes." + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 9, 1812. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress copies of certain documents which + remain in the Department of State. They prove that at a + recent period, whilst the United States, notwithstanding the + wrongs sustained by them, ceased not to observe the laws of + peace and neutrality toward Great Britain, and in the midst + of amicable professions and negotiations on the part of the + British Government, through its public minister here, a + secret agent of that Government was employed in certain + States, more especially at the seat of government in + Massachusetts, in fomenting disaffection to the constituted + authorities of the nation, and in intrigues with the + disaffected, for the purpose of bringing about resistance to + the laws, and eventually, in concert with a British force, of + destroying the Union and forming the eastern part thereof + into a political connection with Great Britain. + </p> + <p> + In addition to the effect which the discovery of such a + procedure ought to have on the public councils, it will not + fail to render more dear to the hearts of all good citizens + that happy union of these States which, under Divine + Providence, is the guaranty of their liberties, their safety, + their tranquillity, and their prosperity. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 1, 1812. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Considering it as expedient, under existing circumstances and + prospects, that a general embargo be laid on all vessels now + in port, or hereafter arriving, for the period of sixty days, + I recommend the immediate passage of a law to that effect. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 20, 1812. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Among the incidents to the unexampled increase and expanding + interests of the American nation under the fostering + influence of free constitutions and just laws has been a + corresponding accumulation of duties in the several + Departments of the Government, and this has been necessarily + the greater in consequence of the peculiar state of our + foreign relations and the connection of these with our + internal administration. + </p> + <p> + The extensive and multiplied preparations into which the + United States are at length driven for maintaining their + violated rights have caused this augmentation of business to + press on the Department of War particularly, with a weight + disproportionate to the powers of any single officer, with no + other aids than are authorized by existing laws. With a view + to a more adequate arrangement for the essential objects of + that Department, I recommend to the early consideration of + Congress a provision for two subordinate appointments + therein, with such compensations annexed as may be reasonably + expected by citizens duly qualified for the important + functions which may be properly assigned to them. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MAY 26, 1812. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress, for their information, copies and + extracts from the correspondence of the Secretary of State + and the minister plenipotentiary of the United States at + Paris. These documents will place before Congress the actual + posture of our relations with France. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 1, 1812</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress certain documents, being a + continuation of those heretofore laid before them on the + subject of our affairs with Great Britain. + </p> + <p> + Without going back beyond the renewal in 1803 of the war in + which Great Britain is engaged, and omitting unrepaired + wrongs of inferior magnitude, the conduct of her Government + presents a series of acts hostile to the United States as an + independent and neutral nation. + </p> + <p> + British cruisers have been in the continued practice of + violating the American flag on the great highway of nations, + and of seizing and carrying off persons sailing under it, not + in the exercise of a belligerent right founded on the law of + nations against an enemy, but of a municipal prerogative over + British subjects. British jurisdiction is thus extended to + neutral vessels in a situation where no laws can operate but + the law of nations and the laws of the country to which the + vessels belong, and a self-redress is assumed which, if + British subjects were wrongfully detained and alone + concerned, is that substitution of force for a resort to the + responsible sovereign which falls within the definition of + war. Could the seizure of British subjects in such cases be + regarded as within the exercise of a belligerent right, the + acknowledged laws of war, which forbid an article of captured + property to be adjudged without a regular investigation + before a competent tribunal, would imperiously demand the + fairest trial where the sacred rights of persons were at + issue. In place of such a trial these rights are subjected to + the will of every petty commander. + </p> + <p> + The practice, hence, is so far from affecting British + subjects alone that, under the pretext of searching for + these, thousands of American citizens, under the safeguard of + public law and of their national flag, have been torn from + their country and from everything dear to them; have been + dragged on board ships of war of a foreign nation and + exposed, under the severities of their discipline, to be + exiled to the most distant and deadly climes, to risk their + lives in the battles of their oppressors, and to be the + melancholy instruments of taking away those of their own + brethren. + </p> + <p> + Against this crying enormity, which Great Britain would be so + prompt to avenge if committed against herself, the United + States have in vain exhausted remonstrances and + expostulations, and that no proof might be wanting of their + conciliatory dispositions, and no pretext left for a + continuance of the practice, the British Government was + formally assured of the readiness of the United States to + enter into arrangements such as could not be rejected if the + recovery of British subjects were the real and the sole + object. The communication passed without effect. + </p> + <p> + British cruisers have been in the practice also of violating + the rights and the peace of our coasts. They hover over and + harass our entering and departing commerce. To the most + insulting pretensions they have added the most lawless + proceedings in our very harbors, and have wantonly spilt + American blood within the sanctuary of our territorial + jurisdiction. The principles and rules enforced by that + nation, when a neutral nation, against armed vessels of + belligerents hovering near her coasts and disturbing her + commerce are well known. When called on, nevertheless, by the + United States to punish the greater offenses committed by her + own vessels, her Government has bestowed on their commanders + additional marks of honor and confidence. + </p> + <p> + Under pretended blockades, without the presence of an + adequate force and sometimes without the practicability of + applying one, our commerce has been plundered in every sea, + the great staples of our country have been cut off from their + legitimate markets, and a destructive blow aimed at our + agricultural and maritime interests. In aggravation of these + predatory measures they have been considered as in force from + the dates of their notification, a retrospective effect being + thus added, as has been done in other important cases, to the + unlawfulness of the course pursued. And to render the outrage + the more signal these mock blockades have been reiterated and + enforced in the face of official communications from the + British Government declaring as the true definition of a + legal blockade "that particular ports must be actually + invested and previous warning given to vessels bound to them + not to enter." + </p> + <p> + Not content with these occasional expedients for laying waste + our neutral trade, the cabinet of Britain resorted at length + to the sweeping system of blockades, under the name of orders + in council, which has been molded and managed as might best + suit its political views, its commercial jealousies, or the + avidity of British cruisers. + </p> + <p> + To our remonstrances against the complicated and transcendent + injustice of this innovation the first reply was that the + orders were reluctantly adopted by Great Britain as a + necessary retaliation on decrees of her enemy proclaiming a + general blockade of the British Isles at a time when the + naval force of that enemy dared not issue from his own ports. + She was reminded without effect that her own prior blockades, + unsupported by an adequate naval force actually applied and + continued, were a bar to this plea; that executed edicts + against millions of our property could not be retaliation on + edicts confessedly impossible to be executed; that + retaliation, to be just, should fall on the party setting the + guilty example, not on an innocent party which was not even + chargeable with an acquiescence in it. + </p> + <p> + When deprived of this flimsy veil for a prohibition of our + trade with her enemy by the repeal of his prohibition of our + trade with Great Britain, her cabinet, instead of a + corresponding repeal or a practical discontinuance of its + orders, formally avowed a determination to persist in them + against the United States until the markets of her enemy + should be laid open to British products, thus asserting an + obligation on a neutral power to require one belligerent to + encourage by its internal regulations the trade of another + belligerent, contradicting her own practice toward all + nations, in peace as well as in war, and betraying the + insincerity of those professions which inculcated a belief + that, having resorted to her orders with regret, she was + anxious to find an occasion for putting an end to them. + </p> + <p> + Abandoning still more all respect for the neutral rights of + the United States and for its own consistency, the British + Government now demands as prerequisites to a repeal of its + orders as they relate to the United States that a formality + should be observed in the repeal of the French decrees nowise + necessary to their termination nor exemplified by British + usage, and that the French repeal, besides including that + portion of the decrees which operates within a territorial + jurisdiction, as well as that which operates on the high + seas, against the commerce of the United States should not be + a single and special repeal in relation to the United States, + but should be extended to whatever other neutral nations + unconnected with them may be affected by those decrees. And + as an additional insult, they are called on for a formal + disavowal of conditions and pretensions advanced by the + French Government for which the United States are so far from + having made themselves responsible that, in official + explanations which have been published to the world, and in a + correspondence of the American minister at London with the + British minister for foreign affairs such a responsibility + was explicitly and emphatically disclaimed. + </p> + <p> + It has become, indeed, sufficiently certain that the commerce + of the United States is to be sacrificed, not as interfering + with the belligerent rights of Great Britain; not as + supplying the wants of her enemies, which she herself + supplies; but as interfering with the monopoly which she + covets for her own commerce and navigation. She carries on a + war against the lawful commerce of a friend that she may the + better carry on a commerce with an enemy—a commerce + polluted by the forgeries and perjuries which are for the + most part the only passports by which it can succeed. + </p> + <p> + Anxious to make every experiment short of the last resort of + injured nations, the United States have withheld from Great + Britain, under successive modifications, the benefits of a + free intercourse with their market, the loss of which could + not but outweigh the profits accruing from her restrictions + of our commerce with other nations. And to entitle these + experiments to the more favorable consideration they were so + framed as to enable her to place her adversary under the + exclusive operation of them. To these appeals her Government + has been equally inflexible, as if willing to make sacrifices + of every sort rather than yield to the claims of justice or + renounce the errors of a false pride. Nay, so far were the + attempts carried to overcome the attachment of the British + cabinet to its unjust edicts that it received every + encouragement within the competency of the executive branch + of our Government to expect that a repeal of them would be + followed by a war between the United States and France, + unless the French edicts should also be repealed. Even this + communication, although silencing forever the plea of a + disposition in the United States to acquiesce in those edicts + originally the sole plea for them, received no attention. + </p> + <p> + If no other proof existed of a predetermination of the + British Government against a repeal of its orders, it might + be found in the correspondence of the minister + plenipotentiary of the United States at London and the + British secretary for foreign affairs in 1810, on the + question whether the blockade of May, 1806, was considered as + in force or as not in force. It had been ascertained that the + French Government, which urged this blockade as the ground of + its Berlin decree, was willing in the event of its removal to + repeal that decree, which, being followed by alternate + repeals of the other offensive edicts, might abolish the + whole system on both sides. This inviting opportunity for + accomplishing an object so important to the United States, + and professed so often to be the desire of both the + belligerents, was made known to the British Government. As + that Government admits that an actual application of an + adequate force is necessary to the existence of a legal + blockade, and it was notorious that if such a force had ever + been applied its long discontinuance had annulled the + blockade in question, there could be no sufficient objection + on the part of Great Britain to a formal revocation of it, + and no imaginable objection to a declaration of the fact that + the blockade did not exist. The declaration would have been + consistent with her avowed principles of blockade, and would + have enabled the United States to demand from France the + pledged repeal of her decrees, either with success, in which + case the way would have been opened for a general repeal of + the belligerent edicts, or without success, in which case the + United States would have been justified in turning their + measures exclusively against France. The British Government + would, however, neither rescind the blockade nor declare its + nonexistence, nor permit its nonexistence to be inferred and + affirmed by the American plenipotentiary. On the contrary, by + representing the blockade to be comprehended in the orders in + council, the United States were compelled so to regard it in + their subsequent proceedings. + </p> + <p> + There was a period when a favorable change in the policy of + the British cabinet was justly considered as established. The + minister plenipotentiary of His Britannic Majesty here + proposed an adjustment of the differences more immediately + endangering the harmony of the two countries. The proposition + was accepted with the promptitude and cordiality + corresponding with the invariable professions of this + Government. A foundation appeared to be laid for a sincere + and lasting reconciliation. The prospect, however, quickly + vanished. The whole proceeding was disavowed by the British + Government without any explanations which could at that time + repress the belief that the disavowal proceeded from a spirit + of hostility to the commercial rights and prosperity of the + United States; and it has since come into proof that at the + very moment when the public minister was holding the language + of friendship and inspiring confidence in the sincerity of + the negotiation with which he was charged a secret agent of + his Government was employed in intrigues having for their + object a subversion of our Government and a dismemberment of + our happy union. + </p> + <p> + In reviewing the conduct of Great Britain toward the United + States our attention is necessarily drawn to the warfare just + renewed by the savages on one of our extensive + frontiers—a warfare which is known to spare neither age + nor sex and to be distinguished by features peculiarly + shocking to humanity. It is difficult to account for the + activity and combinations which have for some time been + developing themselves among tribes in constant intercourse + with British traders and garrisons without connecting their + hostility with that influence and without recollecting the + authenticated examples of such interpositions heretofore + furnished by the officers and agents of that Government. + </p> + <p> + Such is the spectacle of injuries and indignities which have + been heaped on our country, and such the crisis which its + unexampled forbearance and conciliatory efforts have not been + able to avert. It might at least have been expected that an + enlightened nation, if less urged by moral obligations or + invited by friendly dispositions on the part of the United + States, would have found in its true interest alone a + sufficient motive to respect their rights and their + tranquillity on the high seas; that an enlarged policy would + have favored that free and general circulation of commerce in + which the British nation is at all times interested, and + which in times of war is the best alleviation of its + calamities to herself as well as to other belligerents; and + more especially that the British cabinet would not, for the + sake of a precarious and surreptitious intercourse with + hostile markets, have persevered in a course of measures + which necessarily put at hazard the invaluable market of a + great and growing country, disposed to cultivate the mutual + advantages of an active commerce. + </p> + <p> + Other counsels have prevailed. Our moderation and + conciliation have had no other effect than to encourage + perseverance and to enlarge pretensions. We behold our + seafaring citizens still the daily victims of lawless + violence, committed on the great common and highway of + nations, even within sight of the country which owes them + protection. We behold our vessels, freighted with the + products of our soil and industry, or returning with the + honest proceeds of them, wrested from their lawful + destinations, confiscated by prize courts no longer the + organs of public law but the instruments of arbitrary edicts, + and their unfortunate crews dispersed and lost, or forced or + inveigled in British ports into British fleets, whilst + arguments are employed in support of these aggressions which + have no foundation but in a principle equally supporting a + claim to regulate our external commerce in all cases + whatsoever. + </p> + <p> + We behold, in fine, on the side of Great Britain a state of + war against the United States, and on the side of the United + States a state of peace toward Great Britain. + </p> + <p> + Whether the United States shall continue passive under these + progressive usurpations and these accumulating wrongs, or, + opposing force to force in defense of their national rights, + shall commit a just cause into the hands of the Almighty + Disposer of Events, avoiding all connections which might + entangle it in the contest or views of other powers, and + preserving a constant readiness to concur in an honorable + reestablishment of peace and friendship, is a solemn question + which the Constitution wisely confides to the legislative + department of the Government. In recommending it to their + early deliberations I am happy in the assurance that the + decision will be worthy the enlightened and patriotic + councils of a virtuous, a free, and a powerful nation. + </p> + <p> + Having presented this view of the relations of the United + States with Great Britain and of the solemn alternative + growing out of them, I proceed to remark that the + communications last made to Congress on the subject of our + relations with France will have shewn that since the + revocation of her decrees, as they violated the neutral + rights of the United States, her Government has authorized + illegal captures by its privateers and public ships, and that + other outrages have been practiced on our vessels and our + citizens. It will have been seen also that no indemnity had + been provided or satisfactorily pledged for the extensive + spoliations committed under the violent and retrospective + orders of the French Government against the property of our + citizens seized within the jurisdiction of France. I abstain + at this time from recommending to the consideration of + Congress definitive measures with respect to that nation, in + the expectation that the result of unclosed discussions + between our minister plenipotentiary at Paris and the French + Government will speedily enable Congress to decide with + greater advantage on the course due to the rights, the + interests, and the honor of our country. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JUNE 30, 1812. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + With a view the better to adapt to the public service the + volunteer force contemplated by the act passed on the 6th day + of February, I recommend to the consideration of Congress the + expediency of making the requisite provision for the officers + thereof being commissioned by the authority of the United + States. + </p> + <p> + Considering the distribution of the military forces of the + United States required by the circumstances of our country, I + recommend also to the consideration of Congress the + expediency of providing for the appointment of an additional + number of general officers, and of deputies in the + Adjutant's, Quartermaster's, Inspector's, and Paymaster's + departments of the Army, and for the employment in cases of + emergency of additional engineers. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JULY 1, 1812. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 26th of June, I transmit the + information contained in the documents herewith enclosed. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>From the Secretary of State to General George Matthews and + Colonel John M'Kee</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE, <i>January 26, 1811</i>. + </p> + <p> + The President of the United States having appointed you + jointly and severally commissioners for carrying into effect + certain provisions of an act of Congress (a copy of which is + inclosed) relative to the portion of the Floridas situated to + the east of the river Perdido, you will repair to that + quarter with all possible expedition, concealing from general + observation the trust committed to you with that discretion + which the delicacy and importance of the undertaking require. + </p> + <p> + Should you find Governor Folk or the local authority existing + there inclined to surrender in an amicable manner the + possession of the remaining portion or portions of West + Florida now held by him in the name of the Spanish Monarchy, + you are to accept in behalf of the United States the + abdication of his or of the other existing authority and the + jurisdiction of the country over which it extends. And should + a stipulation be insisted on for the redelivery of the + country at a future period, you may engage for such + redelivery to the lawful sovereign. + </p> + <p> + The debts clearly due from the Spanish Government to the + people of the Territory surrendered may, if insisted on, be + assumed within reasonable limits and under specified + descriptions to be settled hereafter as a claim against Spain + in an adjustment of our affairs with her. You may also + guarantee, in the name of the United States, the confirmation + of all such titles to land as are clearly sanctioned by + Spanish laws, and Spanish civil functionaries, where no + special reasons may require changes, are to be permitted to + remain in office with the assurance of a continuation of the + prevailing laws, with such alterations only as may be + necessarily required in the new situation of the country. + </p> + <p> + If it should be required and be found necessary, you may + agree to advance, as above, a reasonable sum for the + transportation of the Spanish troops. + </p> + <p> + These directions are adapted to one of the contingencies + specified in the act of Congress, namely, the amicable + surrender of the possession of the Territory by the local + ruling authority. But should the arrangement contemplated by + the statute not be made, and should there be room to + entertain a suspicion of an existing design in any foreign + power to occupy the country in question, you are to keep + yourselves on the alert, and on the first undoubted + manifestation of the approach of a force for that purpose you + will exercise with promptness and vigor the powers with which + you are invested by the President to preoccupy by force the + Territory, to the entire exclusion of any armament that may + be advancing to take the possession of it. In this event you + will exercise a sound discretion in applying the powers given + with respect to debts, titles to lands, civil officers, and + the continuation of the Spanish laws, taking care to commit + the Government on no point further than may be necessary; and + should any Spanish military force remain within the country + after the occupancy by the troops of the United States, you + may in such case aid in their removal from the same. + </p> + <p> + The universal toleration which the laws of the United States + assure to every religious persuasion will not escape you as + an argument for quieting the minds of uninformed individuals + who may entertain fears on that head. + </p> + <p> + The conduct you are to pursue in regard to East Florida must + be regulated by the dictates of your own judgments, on a + close view and accurate knowledge of the precise state of + things there, and of the real disposition of the Spanish + Government always recurring to the present instruction as the + paramount rule of your proceedings. Should you discover an + inclination in the governor of East Florida, or in the + existing local authority, amicably to surrender that province + into the possession of the United States, you are to accept + it on the same terms that are prescribed by these + instructions in relation to West Florida. And in case of the + actual appearance of any attempt to take possession by a + foreign power, you will pursue the same effective measures + for the occupation of the Territory and for the exclusion of + the foreign force as you are directed to pursue with respect + to the country east of the Perdido, forming at this time the + extent of Governor Folk's jurisdiction. + </p> + <p> + If you should, under these instructions, obtain possession of + Mobile, you will lose no time in informing Governor Claiborne + thereof, with a request that he will without delay take the + necessary steps for the occupation of the same. + </p> + <p> + All ordnance and military stores that may be found in the + Territory must be held as the property of the Spanish + Government, to be accounted for hereafter to the proper + authority, and you will not fail to transmit an inventory + thereof to this Department. + </p> + <p> + If in the execution of any part of these instructions you + should need the aid of a military force, the same will be + afforded you upon your application to the commanding officer + of the troops of the United States on that station, or to the + commanding officer of the nearest post, in virtue of orders + which have been issued from the War Department. And in case + you should, moreover, need naval assistance, you will receive + the same upon your application to the naval commander in + pursuance of orders from the Navy Department. + </p> + <p> + From the Treasury Department will be issued the necessary + instructions in relation to imposts and duties, and to the + slave ships whose arrival is apprehended. + </p> + <p> + The President, relying upon your discretion, authorizes you + to draw upon the collectors of Orleans and Savannah for such + sums as may be necessary to defray unavoidable expenses that + may be incurred in the execution of these instructions, not + exceeding in your drafts on New Orleans $8,000 and in your + drafts on Savannah $2,000, without further authority, of + which expenses you will hereafter exhibit a detailed account + duly supported by satisfactory vouchers. + </p> + <p> + POSTSCRIPT.—If Governor Folk should unexpectedly + require and pertinaciously insist that the stipulation for + the redelivery of the Territory should also include that + portion of the country which is situated west of the river + Perdido, you are, in yielding to such demand, only to use + general words that may by implication comprehend that portion + of country; but at the same time you are expressly to provide + that such stipulation shall not in any way impair or affect + the right or title of the United States to the same. + </p> + <p> + + </p> + <center> + <i>The Secretary of State to General Matthews</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE, <i>April 4, 1812</i>. + </p> + <p> + General MATTHEWS, etc. + </p> + <p> + SIR: I have had the honor to receive your letter of the 14th + of March, and have now to communicate to you the sentiments + of the President on the very interesting subject to which it + relates. + </p> + <p> + I am sorry to have to state that the measures which you + appear to have adopted for obtaining possession of Amelia + Island and other parts of Bast Florida are not authorized by + the law of the United States or the instructions founded on + it under which you have acted. + </p> + <p> + You were authorized by the law, a copy of which was + communicated to you, and by your instructions, which are + strictly conformable to it, to take possession of East + Florida only in case one of the following contingencies + should happen: Either that the governor or other existing + local authority should be disposed to place it amicably in + the hands of the United States, or that an attempt should be + made to, take possession of it by a foreign power. Should the + first contingency happen it would follow that the + arrangement, being amicable, would require no force on the + part of the United States to carry it into effect. It was + only in case of an attempt to take it by a foreign power that + force could be necessary, in which event only were you + authorized to avail yourself of it. + </p> + <p> + In neither of these contingencies was it the policy of the + law or purpose of the Executive to wrest the Province + forcibly from Spain, but only to occupy it with a view to + prevent its falling into the hands of any foreign power, and + to hold that pledge under the existing peculiarity of the + circumstances of the Spanish Monarchy for a just result in an + amicable negotiation with Spain. + </p> + <p> + Had the United States been disposed to proceed otherwise, + that intention would have been manifested by a change of the + law and suitable measures to carry it into effect; and as it + was in their power to take possession whenever they might + think that circumstances authorized and required it, it would + be the more to be regretted if possession should be effected + by any means irregular in themselves and subjecting the + Government of the United States to unmerited censure. + </p> + <p> + The views of the Executive respecting East Florida are + further illustrated by your instructions as to West Florida. + Although the United States have thought that they had a good + title to the latter Province, they did not take possession + until after the Spanish authority had been subverted by a + revolutionary proceeding, and the contingency of the country + being thrown into foreign hands had forced itself into view. + Nor did they then, nor have they since, dispossessed the + Spanish troops of the post which they occupied. If they did + not think proper to take possession by force of a province to + which they thought they were justly entitled, it could not be + presumed that they should intend to act differently in + respect to one to which they had not such a claim. + </p> + <p> + I may add that although due sensibility has been always felt + for the injuries which were received from the Spanish + Government in the last war, the present situation of Spain + has been a motive for a moderate and pacific policy toward + her. + </p> + <p> + In communicating to you these sentiments of the Executive on + the measures you have lately adopted for taking possession of + East Florida, I add with pleasure that the utmost confidence + is reposed in your integrity and zeal to promote the welfare + of your country. To that zeal the error into which you have + fallen is imputed. But in consideration of the part which you + have taken, which differs so essentially from that + contemplated and authorized by the Government, and + contradicts so entirely the principles on which it has + uniformly and sincerely acted, you will be sensible of the + necessity of discontinuing the service in which you have been + employed. + </p> + <p> + You will therefore consider your powers as revoked on the + receipt of this letter. The new duties to be performed will + be transferred to the governor of Georgia, to whom + instructions will be given on all the circumstances to which + it may be proper at the present juncture to call his + attention. + </p> + <p> + I have the honor to be, very respectfully, sir, your obedient + servant, + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <center> + <i>The Secretary of State to His Excellency D.B. Mitchell, + the governor of Georgia</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE, <i>April 10, 1812</i>. + </p> + <p> + SIR: The President is desirous of availing the public of your + services in a concern of much delicacy and of high importance + to the United States. Circumstances with which you are in + some degree acquainted, but which will be fully explained by + the inclosed papers, have made it necessary to revoke the + powers heretofore committed to General Matthews and to commit + them to you. The President is persuaded that you will not + hesitate to undertake a trust so important to the nation, and + peculiarly to the State of Georgia. He is the more confident + in this belief from the consideration that these new duties + may be discharged without interfering, as he presumes, with + those of the station which you now hold. + </p> + <p> + By the act of the 15th of January, 1811, you will observe + that it was not contemplated to take possession of East + Florida or any part thereof, unless it should be surrendered + to the United States amicably by the governor or other local + authority of the Province, or against an attempt to take + possession of it by a foreign power, and you will also see + that General Matthews's instructions, of which a copy is + likewise inclosed, correspond fully with the law. + </p> + <p> + By the documents in possession of the Government it appears + that neither of these contingencies have happened; that + instead of an amicable surrender by the governor or other + local authority the troops of the United States have been + used to dispossess the Spanish authority by force. I forbear + to dwell on the details of this transaction because it is + painful to recite them. By the letter to General Matthews + which is inclosed, open for your perusal, you will fully + comprehend the views of the Government respecting the late + transaction, and by the law, the former instructions to the + General, and the late letter now forwarded you will be made + acquainted with the course of conduct which it is expected of + you to pursue in future in discharging the duties heretofore + enjoined on him. + </p> + <p> + It is the desire of the President that you should turn your + attention and direct your efforts in the first instance to + the restoration of that state of things in the Province which + existed before the late transactions. The Executive considers + it proper to restore back to the Spanish authorities Amelia + Island and such other parts, if any, of East Florida as may + have thus been taken from them. With this view it will be + necessary for you to communicate <i>directly</i> with the + governor or principal officer of Spain in that Province, and + to act in harmony with him in the attainment of it. It is + presumed that the arrangement will be easily and amicably + made between you. I inclose you an order from the Secretary + of War to the commander of the troops of the United States to + evacuate the country when requested so to do by you, and to + pay the same respect in future to your order in fulfilling + the duties enjoined by the law that he had been instructed to + do to that of General Matthews. + </p> + <p> + In restoring to the Spanish authorities Amelia Island and + such other parts of East Florida as may have been taken + possession of in the name of the United States there is + another object to which your particular attention will be + due. In the measures lately adopted by General Matthews to + take possession of that Territory it is probable that much + reliance has been placed by the people who acted in it on the + countenance and support of the United States. It will be + improper to expose these people to the resentment of the + Spanish authorities. It is not to be presumed that those + authorities in regaining possession of the Territory in this + amicable mode from the United States will be disposed to + indulge any such feeling toward them. You will, however, come + to a full understanding with the Spanish governor on this + subject, and not fail to obtain from him the most explicit + and satisfactory assurance respecting it. Of this assurance + you will duly apprise the parties interested, and of the + confidence which you repose in it. It is hoped that on this + delicate and very interesting point the Spanish governor will + avail himself of the opportunity it presents to evince the + friendly disposition of his Government toward the United + States. + </p> + <p> + There is one other remaining circumstance only to which I + wish to call your attention, and that relates to General + Matthews himself. His gallant and meritorious services in our + Revolution and patriotic conduct since have always been held + in high estimation by the Government. His errors in this + instance are imputed altogether to his zeal to promote the + welfare of his country; but they are of a nature to impose on + the Government the necessity of the measures now taken, in + giving effect to which you will doubtless feel a disposition + to consult, as far as may be, his personal sensibility. + </p> + <p> + I have the honor to be, etc., + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + P.S.—Should you find it impracticable to execute the + duties designated above in person, the President requests + that you will be so good as to employ some very respectable + character to represent you in it, to whom you are authorized + to allow a similar compensation. It is hoped, however, that + you may be able to attend to it in person, for reasons which + I need not enter into. The expenses to which you may be + exposed will be promptly paid to your draft on this + Department. + </p> + <p> + + </p> + <center> + <i>The Secretary of State to D.B. Mitchell, esq., governor of + Georgia</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE, <i>May 27, 1812</i>. + </p> + <p> + SIR: I have had the honor to receive your letter of the 2d + instant from St. Marys, where you had arrived in discharge of + the trust reposed in you by the President, in relation to + East Florida. + </p> + <p> + My letter by Mr. Isaacs has, I presume, substantially + answered the most important of the queries submitted in your + letter, but I will give to each a more distinct answer. + </p> + <p> + By the law of which a copy was forwarded to you it is made + the duty of the President to prevent the occupation of East + Florida by any foreign power. It follows that you are + authorized to consider the entrance, or attempt to enter, + especially under existing circumstances, of British troops of + any description as the case contemplated by the law, and to + use the proper means to defeat it. + </p> + <p> + An instruction will be immediately forwarded to the commander + of the naval force of the United States in the neighborhood + of East Florida to give you any assistance, in case of + emergency, which you may think necessary and require. + </p> + <p> + It is not expected, if you find it proper to withdraw the + troops, that you should interfere to compel the patriots to + surrender the country or any part of it to the Spanish + authorities. The United States are responsible for their own + conduct only; not for that of the inhabitants of East + Florida. Indeed, in consequence of the compromitment of the + United States to the inhabitants, you have been already + instructed not to withdraw the troops, unless you find that + it may be done consistently with their safety, and to report + to the Government the result of your conferences with the + Spanish authorities, with your opinion of their views, + holding in the meantime the ground occupied. + </p> + <p> + In the present state of our affairs with Great Britain the + course above pointed out is the more justifiable and proper. + </p> + <p> + I have the honor, etc., + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JULY 6, 1812. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate copies and extracts of documents in + the archives of the Department of State falling within the + purview of their resolution of the 4th instant, on the + subject of British impressments from American vessels. The + information, though voluminous, might have been enlarged with + more time for research and preparation. In some instances it + might at the same time have been abridged but for the + difficulty of separating the matter extraneous to the + immediate object of the resolution. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + VETO MESSAGE. + </h2> + <p class="r"> + APRIL 3, 1812. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + Having examined and considered the bill entitled "An act + providing for the trial of causes pending in the respective + district courts of the United States, in case of the absence + or disability of the judges thereof," which bill was + presented to me on the 25th of March past, I now return the + same to the House of Representatives, in which it originated, + with the following objections: + </p> + <p> + Because the additional services imposed by the bill on the + justices of the Supreme Court of the United States are to be + performed by them rather in the quality of other judges of + other courts, namely, judges of the district courts, than in + the quality of justices of the Supreme Court. They are to + hold the said district courts, and to do and perform all acts + relating to the said courts which are by law required of the + district judges. The bill therefore virtually appoints, for + the time, the justices of the Supreme Court to other distinct + offices to which, if compatible with their original offices, + they ought to be appointed by another than the legislative + authority, in pursuance of legislative provisions authorizing + the appointments. + </p> + <p> + Because the appeal allowed by law for the decision of the + district courts to the circuit courts, whilst it corroborates + the construction which regards a judge of one court as + clothed with a new office, by being constituted a judge of + the other, submits for correction erroneous judgments, not to + superior or other judges, but to the erring individual + himself, acting as sole judge in the appellate court. + </p> + <p> + Because the additional services to be required may, by + distances of place and by the casualties contemplated by the + bill, become disproportionate to the strength and health of + the justices who are to perform them, the additional services + being, moreover, entitled to no additional compensation, nor + the additional expenses incurred to reimbursement. In this + view the bill appears to be contrary to equity, as well as a + precedent for modifications and extensions of judicial + services encroaching on the constitutional tenure of judicial + offices. + </p> + <p> + Because, by referring to the President of the United States + questions of disability in the district judges and of the + unreasonableness of delaying the suits or causes pending in + the district courts, and leaving it with him in such causes + to require the justices of the Supreme Court to perform + additional services, the bill introduces an unsuitable + relation of members of the judiciary department to a + discretionary authority of the executive department. + </p> + <p class="r"> + JAMES MADISON + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <center> + [From Niles's Weekly Register, vol. 1, p. 448.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas information has been received that a number of + individuals who have deserted from the Army of the United + States have become sensible of their offense and are desirous + of returning to their duty, a full pardon is hereby granted + and proclaimed to each and all such individuals as shall + within four months from the date hereof surrender themselves + to the commanding officer of any military post within the + United States or the Territories thereof. + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be affixed to these presents, and signed the same + with my hand. + </p> + <p> + [SEAL.] + </p> + <p> + Done at the city of Washington, the 7th day of February, A.D. + 1812, and of the Independence of the United States the + thirty-sixth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + JAMES MONROE,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <center> + [From Annals of Congress, Twelfth Congress, part 2, 2223.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas the Congress of the United States, by virtue of the + constituted authority vested in them, have declared by their + act bearing date the 18th day of the present month that war + exists between the United Kingdom of Great Britain and + Ireland and the dependencies thereof and the United States of + America and their Territories: + </p> + <p> + Now, therefore, I, James Madison, President of the United + States of America, do hereby proclaim the same to all whom it + may concern; and I do specially enjoin on all persons holding + offices, civil or military, under the authority of the United + States that they be vigilant and zealous in discharging the + duties respectively incident thereto; and I do moreover + exhort all the good people of the United States, as they love + their country, as they value the precious heritage derived + from the virtue and valor of their fathers, as they feel the + wrongs which have forced on them the last resort of injured + nations, and as they consult the best means under the + blessing of Divine Providence of abridging its calamities, + that they exert themselves in preserving order, in promoting + concord, in maintaining the authority and efficacy of the + laws, and in supporting and invigorating all the measures + which may be adopted by the constituted authorities for + obtaining a speedy, a just, and an honorable peace. + </p> + <p> + In testimony whereof I have hereunto set my hand and caused + the seal of the United States to be affixed to these + presents. + </p> + <p> + [SEAL.] + </p> + <p> + Done at the city of Washington, the 19th day of June, 1812, + and of the Independence of the United States the + thirty-sixth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + JAMES MONROE,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <center> + [From Annals of Congress, Twelfth Congress, part 2, 2224.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas the Congress of the United States, by a joint + resolution of the two Houses, have signified a request that a + day may be recommended to be observed by the people of the + United States with religious solemnity as a day of public + humiliation and prayer; and + </p> + <p> + Whereas such a recommendation will enable the several + religious denominations and societies so disposed to offer at + one and the same time their common vows and adorations to + Almighty God on the solemn occasion produced by the war in + which He has been pleased to permit the injustice of a + foreign power to involve these United States: + </p> + <p> + I do therefore recommend the third Thursday in August next as + a convenient day to be set apart for the devout purposes of + rendering the Sovereign of the Universe and the Benefactor of + Mankind the public homage due to His holy attributes; of + acknowledging the transgressions which might justly provoke + the manifestations of His divine displeasure; of seeking His + merciful forgiveness and His assistance in the great duties + of repentance and amendment, and especially of offering + fervent supplications that in the present season of calamity + and war He would take the American people under His peculiar + care and protection; that He would guide their public + councils, animate their patriotism, and bestow His blessing + on their arms; that He would inspire all nations with a love + of justice and of concord and with a reverence for the + unerring precept of our holy religion to do to others as they + would require that others should do to them; and, finally, + that, turning the hearts of our enemies from the violence and + injustice which sway their councils against us, He would + hasten a restoration of the blessings of peace. + </p> + <p> + [SEAL.] + </p> + <p> + Given at Washington, the 9th day of July, A.D. 1812. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + JAMES MONROE,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <center> + [From Niles's Weekly Register, vol. 3, p. 101.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas information has been received that a number of + individuals who have deserted from the Army of the United + States have become sensible of their offenses and are + desirous of returning to their duty, a full pardon is hereby + granted and proclaimed to each and all such individuals as + shall within four months from the date hereof surrender + themselves to the commanding officer of any military post + within the United States or the Territories thereof. + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be affixed to these presents, and signed the same + with my hand. + </p> + <p> + [SEAL.] + </p> + <p> + Done at the city of Washington, the 8th day of October, A.D. + 1812, and of the Independence of the United States the + thirty-seventh. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + JAMES MONROE,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FOURTH ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>November 4, 1812</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + On our present meeting it is my first duty to invite your + attention to the providential favors which our country has + experienced in the unusual degree of health dispensed to its + inhabitants, and in the rich abundance with which the earth + has rewarded the labors bestowed on it. In the successful + cultivation of other branches of industry, and in the + progress of general improvement favorable to the national + prosperity, there is just occasion also for our mutual + congratulations and thankfulness. + </p> + <p> + With these blessings are necessarily mingled the pressures + and vicissitudes incident to the state of war into which the + United States have been forced by the perseverance of a + foreign power in its system of injustice and aggression. + </p> + <p> + Previous to its declaration it was deemed proper, as a + measure of precaution and forecast, that a considerable force + should be placed in the Michigan Territory with a general + view to its security, and, in the event of war, to such + operations in the uppermost Canada as would intercept the + hostile influence of Great Britain over the savages, obtain + the command of the lake on which that part of Canada borders, + and maintain cooperating relations with such forces as might + be most conveniently employed against other parts. + Brigadier-General Hull was charged with this provisional + service, having under his command a body of troops composed + of regulars and of volunteers from the State of Ohio. Having + reached his destination after his knowledge of the war, and + possessing discretionary authority to act offensively, he + passed into the neighboring territory of the enemy with a + prospect of easy and victorious progress. The expedition, + nevertheless, terminated unfortunately, not only in a retreat + to the town and fort of Detroit, but in the surrender of both + and of the gallant corps commanded by that officer. The + causes of this painful reverse will be investigated by a + military tribunal. + </p> + <p> + A distinguishing feature in the operations which preceded and + followed this adverse event is the use made by the enemy of + the merciless savages under their influence. Whilst the + benevolent policy of the United States invariably recommended + peace and promoted civilization among that wretched portion + of the human race, and was making exertions to dissuade them + from taking either side in the war, the enemy has not + scrupled to call to his aid their ruthless ferocity, armed + with the horrors of those instruments of carnage and torture + which are known to spare neither age nor sex. In this outrage + against the laws of honorable war and against the feelings + sacred to humanity the British commanders can not resort to a + plea of retaliation, for it is committed in the face of our + example. They can not mitigate it by calling it a + self-defense against men in arms, for it embraces the most + shocking butcheries of defenseless families. Nor can it be + pretended that they are not answerable for the atrocities + perpetrated, since the savages are employed with a knowledge, + and even with menaces, that their fury could not be + controlled. Such is the spectacle which the deputed + authorities of a nation boasting its religion and morality + have not been restrained from presenting to an enlightened + age. + </p> + <p> + The misfortune at Detroit was not, however, without a + consoling effect. It was followed by signal proofs that the + national spirit rises according to the pressure on it. The + loss of an important post and of the brave men surrendered + with it inspired everywhere new ardor and determination. In + the States and districts least remote it was no sooner known + than every citizen was ready to fly with his arms at once to + protect his brethren against the bloodthirsty savages let + loose by the enemy on an extensive frontier, and to convert a + partial calamity into a source of invigorated efforts. This + patriotic zeal, which it was necessary rather to limit than + excite, has embodied an ample force from the States of + Kentucky and Ohio and from parts of Pennsylvania and + Virginia. It is placed, with the addition of a few regulars, + under the command of Brigadier-General Harrison, who + possesses the entire confidence of his fellow-soldiers, among + whom are citizens, some of them volunteers in the ranks, not + less distinguished by their political stations than by their + personal merits. The greater portion of this force is + proceeding on its destination toward the Michigan Territory, + having succeeded in relieving an important frontier post, and + in several incidental operations against hostile tribes of + savages, rendered indispensable by the subserviency into + which they had been seduced by the enemy—a seduction + the more cruel as it could not fail to impose a necessity of + precautionary severities against those who yielded to it. + </p> + <p> + At a recent date an attack was made on a post of the enemy + near Niagara by a detachment of the regular and other forces + under the command of Major-General Van Rensselaer, of the + militia of the State of New York. The attack, it appears, was + ordered in compliance with the ardor of the troops, who + executed it with distinguished gallantry, and were for a time + victorious; but not receiving the expected support, they were + compelled to yield to reenforcements of British regulars and + savages. Our loss has been considerable, and is deeply to be + lamented. That of the enemy, less ascertained, will be the + more felt, as it includes among the killed the commanding + general, who was also the governor of the Province, and was + sustained by veteran troops from unexperienced soldiers, who + must daily improve in the duties of the field. + </p> + <p> + Our expectation of gaining the command of the Lakes by the + invasion of Canada from Detroit having been disappointed, + measures were instantly taken to provide on them a naval + force superior to that of the enemy. From the talents and + activity of the officer charged with this object everything + that can be done may be expected. Should the present season + not admit of complete success, the progress made will insure + for the next a naval ascendency where it is essential to our + permanent peace with and control over the savages. + </p> + <p> + Among the incidents to the measures of the war I am + constrained to advert to the refusal of the governors of + Massachusetts and Connecticut to furnish the required + detachments of militia toward the defense of the maritime + frontier. The refusal was founded on a novel and unfortunate + exposition of the provisions of the Constitution relating to + the militia. The correspondences which will be laid before + you contain the requisite information on the subject. It is + obvious that if the authority of the United States to call + into service and command the militia for the public defense + can be thus frustrated, even in a state of declared war and + of course under apprehensions of invasion preceding war, they + are not one nation for the purpose most of all requiring it, + and that the public safety may have no other resource than in + those large and permanent military establishments which are + forbidden by the principles of our free government, and + against the necessity of which the militia were meant to be a + constitutional bulwark. + </p> + <p> + On the coasts and on the ocean the war has been as successful + as circumstances inseparable from its early stages could + promise. Our public ships and private cruisers, by their + activity, and, where there was occasion, by their + intrepidity, have made the enemy sensible of the difference + between a reciprocity of captures and the long confinement of + them to their side. Our trade, with little exception, has + safely reached our ports, having been much favored in it by + the course pursued by a squadron of our frigates under the + command of Commodore Rodgers, and in the instance in which + skill and bravery were more particularly tried with those of + the enemy the American flag had an auspicious triumph. The + frigate <i>Constitution</i>, commanded by Captain Hull, after + a close and short engagement completely disabled and captured + a British frigate, gaining for that officer and all on board + a praise which can not be too liberally bestowed, not merely + for the victory actually achieved, but for that prompt and + cool exertion of commanding talents which, giving to courage + its highest character, and to the force applied its full + effect, proved that more could have been done in a contest + requiring more. + </p> + <p> + Anxious to abridge the evils from which a state of war can + not be exempt, I lost no time after it was declared in + conveying to the British Government the terms on which its + progress might be arrested, without awaiting the delays of a + formal and final pacification, and our charge d'affaires at + London was at the same time authorized to agree to an + armistice founded upon them. These terms required that the + orders in council should be repealed as they affected the + United States, without a revival of blockades violating + acknowledged rules, and that there should be an immediate + discharge of American seamen from British ships, and a stop + to impressment from American ships, with an understanding + that an exclusion of the seamen of each nation from the ships + of the other should be stipulated, and that the armistice + should be improved into a definitive and comprehensive + adjustment of depending controversies. Although a repeal of + the orders susceptible of explanations meeting the views of + this Government had taken place before this pacific advance + was communicated to that of Great Britain, the advance was + declined from an avowed repugnance to a suspension of the + practice of impressments during the armistice, and without + any intimation that the arrangement proposed with respect to + seamen would be accepted. Whether the subsequent + communications from this Government, affording an occasion + for reconsidering the subject on the part of Great Britain, + will be viewed in a more favorable light or received in a + more accommodating spirit remains to be known. It would be + unwise to relax our measures in any respect on a presumption + of such a result. + </p> + <p> + The documents from the Department of State which relate to + this subject will give a view also of the propositions for an + armistice which have been received here, one of them from the + authorities at Halifax and in Canada, the other from the + British Government itself through Admiral Warren, and of the + grounds on which neither of them could be accepted. + </p> + <p> + Our affairs with France retain the posture which they held at + my last communications to you. Notwithstanding the authorized + expectations of an early as well as favorable issue to the + discussions on foot, these have been procrastinated to the + latest date. The only intervening occurrence meriting + attention is the promulgation of a French decree purporting + to be a definitive repeal of the Berlin and Milan decrees. + This proceeding, although made the ground of the repeal of + the British orders in council, is rendered by the time and + manner of it liable to many objections. + </p> + <p> + The final communications from our special minister to Denmark + afford further proofs of the good effects of his mission, and + of the amicable disposition of the Danish Government. From + Russia we have the satisfaction to receive assurances of + continued friendship, and that it will not be affected by the + rupture between the United States and Great Britain. Sweden + also professes sentiments favorable to the subsisting + harmony. + </p> + <p> + With the Barbary Powers, excepting that of Algiers, our + affairs remain on the ordinary footing. The consul-general + residing with that Regency has suddenly and without cause + been banished, together with all the American citizens found + there. Whether this was the transitory effect of capricious + despotism or the first act of predetermined hostility is not + ascertained. Precautions were taken by the consul on the + latter supposition. + </p> + <p> + The Indian tribes not under foreign instigations remain at + peace, and receive the civilizing attentions which have + proved so beneficial to them. + </p> + <p> + With a view to that vigorous prosecution of the war to which + our national faculties are adequate, the attention of + Congress will be particularly drawn to the insufficiency of + existing provisions for filling up the military + establishment. Such is the happy condition of our country, + arising from the facility of subsistence and the high wages + for every species of occupation, that notwithstanding the + augmented inducements provided at the last session, a partial + success only has attended the recruiting service. The + deficiency has been necessarily supplied during the campaign + by other than regular troops, with all the inconveniences and + expense incident to them. The remedy lies in establishing + more favorably for the private soldier the proportion between + his recompense and the term of his enlistment, and it is a + subject which can not too soon or too seriously be taken into + consideration. + </p> + <p> + The same insufficiency has been experienced in the provisions + for volunteers made by an act of the last session. The + recompense for the service required in this case is still + less attractive than in the other, and although patriotism + alone has sent into the field some valuable corps of that + description, those alone who can afford the sacrifice can be + reasonably expected to yield to that impulse. + </p> + <p> + It will merit consideration also whether as auxiliary to the + security of our frontiers corps may not be advantageously + organized with a restriction of their services to particular + districts convenient to them, and whether the local and + occasional services of mariners and others in the seaport + towns under a similar organization would not be a provident + addition to the means of their defense. + </p> + <p> + I recommend a provision for an increase of the general + officers of the Army, the deficiency of which has been + illustrated by the number and distance of separate commands + which the course of the war and the advantage of the service + have required. + </p> + <p> + And I can not press too strongly on the earliest attention of + the Legislature the importance of the reorganization of the + staff establishment with a view to render more distinct and + definite the relations and responsibilities of its several + departments. That there is room for improvements which will + materially promote both economy and success in what + appertains to the Army and the war is equally inculcated by + the examples of other countries and by the experience of our + own. + </p> + <p> + A revision of the militia laws for the purpose of rendering + them more systematic and better adapting them to emergencies + of the war is at this time particularly desirable. + </p> + <p> + Of the additional ships authorized to be fitted for service, + two will be shortly ready to sail, a third is under repair, + and delay will be avoided in the repair of the residue. Of + the appropriations for the purchase of materials for + shipbuilding, the greater part has been applied to that + object and the purchase will be continued with the balance. + </p> + <p> + The enterprising spirit which has characterized our naval + force and its success, both in restraining insults and + depredations on our coasts and in reprisals on the enemy, + will not fail to recommend an enlargement of it. + </p> + <p> + There being reason to believe that the act prohibiting the + acceptance of British licenses is not a sufficient guard + against the use of them, for purposes favorable to the + interests and views of the enemy, further provisions on that + subject are highly important. Nor is it less so that penal + enactments should be provided for cases of corrupt and + perfidious intercourse with the enemy, not amounting to + treason nor yet embraced by any statutory provisions. + </p> + <p> + A considerable number of American vessels which were in + England when the revocation of the orders in council took + place were laden with British manufactures under an erroneous + impression that the nonimportation act would immediately + cease to operate, and have arrived in the United States. It + did not appear proper to exercise on unforeseen cases of such + magnitude the ordinary powers vested in the Treasury + Department to mitigate forfeitures without previously + affording to Congress an opportunity of making on the subject + such provision as they may think proper. In their decision + they will doubtless equally consult what is due to equitable + considerations and to the public interest. + </p> + <p> + The receipts into the Treasury during the year ending on the + 30th of September last have exceeded $16,500,000, which have + been sufficient to defray all the demands on the Treasury to + that day, including a necessary reimbursement of near three + millions of the principal of the public debt. In these + receipts is included a sum of near $5,850,000, received on + account of the loans authorized by the acts of the last + session; the whole sum actually obtained on loan amounts to + $11,000,000, the residue of which, being receivable + subsequent to the 30th of September last, will, together with + the current revenue, enable us to defray all the expenses of + this year. + </p> + <p> + The duties on the late unexpected importations of British + manufactures will render the revenue of the ensuing year more + productive than could have been anticipated. + </p> + <p> + The situation of our country, fellow-citizens, is not without + its difficulties, though it abounds in animating + considerations, of which the view here presented of our + pecuniary resources is an example. With more than one nation + we have serious and unsettled controversies, and with one, + powerful in the means and habits of war, we are at war. The + spirit and strength of the nation are nevertheless equal to + the support of all its rights, and to carry it through all + its trials. They can be met in that confidence. Above all, we + have the inestimable consolation of knowing that the war in + which we are actually engaged is a war neither of ambition + nor of vainglory; that it is waged not in violation of the + rights of others, but in the maintenance of our own; that it + was preceded by a patience without example under wrongs + accumulating without end, and that it was finally not + declared until every hope of averting it was extinguished by + the transfer of the British scepter into new hands clinging + to former councils, and until declarations were reiterated to + the last hour, through the British envoy here, that the + hostile edicts against our commercial rights and our maritime + independence would not be revoked; nay, that they could not + be revoked without violating the obligations of Great Britain + to other powers, as well as to her own interests. To have + shrunk under such circumstances from manly resistance would + have been a degradation blasting our best and proudest hopes; + it would have struck us from the high rank where the virtuous + struggles of our fathers had placed us, and have betrayed the + magnificent legacy which we hold in trust for future + generations. It would have acknowledged that on the element + which forms three-fourths of the globe we inhabit, and where + all independent nations have equal and common rights, the + American people were not an independent people, but colonists + and vassals. It was at this moment and with such an + alternative that war was chosen. The nation felt the + necessity of it, and called for it. The appeal was + accordingly made, in a just cause, to the Just and + All-powerful Being who holds in His hand the chain of events + and the destiny of nations. It remains only that, faithful to + ourselves, entangled in no connections with the views of + other powers, and ever ready to accept peace from the hand of + justice, we prosecute the war with united counsels and with + the ample faculties of the nation until peace be so obtained + and as the only means under the Divine blessing of speedily + obtaining it. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + NOVEMBER, 12, 1812. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + For the further information of Congress relative to the + pacific advances made on the part of this Government to that + of Great Britain, and the manner in which they have been met + by the latter, I transmit the sequel of the communications on + that subject received from the late charge d'affaires at + London. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + NOVEMBER 17, 1812. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress copies of a letter from the consul + general of the United States to Algiers, stating the + circumstances preceding and attending his departure from that + Regency. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 11, 1812</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress copies of a letter to the Secretary of + the Navy from Captain Decatur, of the frigate <i>United + States</i>, reporting his combat and capture of the British + frigate <i>Macedonian</i>. Too much praise can not be + bestowed on that officer and his companions on board for the + consummate skill and conspicuous valor by which this trophy + has been added to the naval arms of the United States. + </p> + <p> + I transmit also a letter from Captain Jones, who commanded + the sloop of war <i>Wasp</i>, reporting his capture of the + British sloop of war <i>Frolic</i>, after a close action, in + which other brilliant titles will be seen to the public + admiration and praise. + </p> + <p> + A nation feeling what it owes to itself and to its citizens + could never abandon to arbitrary violence on the ocean a + class of them which give such examples of capacity and + courage in defending their rights on that element, examples + which ought to impress on the enemy, however brave and + powerful, preference of justice and peace to hostility + against a country whose prosperous career may be accelerated + but can not be prevented by the assaults made on it. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 22, 1813. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit, for the information of Congress, copies of a + correspondence between John Mitchell, agent for American + prisoners of war at Halifax, and the British admiral + commanding at that station. + </p> + <p> + I transmit, for the like purpose, copies of a letter from + Commodore Rodgers to the Secretary of the Navy, + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 22, 1813. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress a letter, with accompanying documents, + from Captain Bainbridge, now commanding the United States + frigate the <i>Constitution</i>, reporting his capture and + destruction of the British frigate the <i>Java</i>. The + circumstances and the issue of this combat afford another + example of the professional skill and heroic spirit which + prevail in our naval service. The signal display of both by + Captain Bainbridge, his officers and crew, commands the + highest praise. + </p> + <p> + This being a second instance in which the condition of the + captured ship, by rendering it impossible to get her into + port, has barred a contemplated reward of successful valor, I + recommend to the consideration of Congress the equity and + propriety of a general provision allowing in such cases, both + past and future, a fair proportion of the value which would + accrue to the captors on the safe arrival and sale of the + prize. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 24, 1813. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress copies of a proclamation of the British + lieutenant-governor of the island of Bermuda, which has + appeared under circumstances leaving no doubt of its + authenticity. It recites a British order in council of the + 26th of October last, providing for the supply of the British + West Indies and other colonial possessions by a trade under + special licenses, and is accompanied by a circular + instruction to the colonial governors which confines licensed + importations from ports of the United States to the ports of + the Eastern States exclusively. + </p> + <p> + The Government of Great Britain had already introduced into + her commerce during war a system which, at once violating the + rights of other nations and resting on a mass of forgery and + perjury unknown to other times, was making an unfortunate + progress in undermining those principles of morality and + religion which are the best foundation of national happiness. + </p> + <p> + The policy now proclaimed to the world introduces into her + modes of warfare a system equally distinguished by the + deformity of its features and the depravity of its character, + having for its object to dissolve the ties of allegiance and + the sentiments of loyalty in the adversary nation, and to + seduce and separate its component parts the one from the + other. + </p> + <p> + The general tendency of these demoralizing and disorganizing + contrivances will be reprobated by the civilized and + Christian world, and the insulting attempt on the virtue, the + honor, the patriotism, and the fidelity of our brethren of + the Eastern States will not fail to call forth all their + indignation and resentment, and to attach more and more all + the States to that happy Union and Constitution against which + such insidious and malignant artifices are directed. + </p> + <p> + The better to guard, nevertheless, against the effect of + individual cupidity and treachery and to turn the corrupt + projects of the enemy against himself, I recommend to the + consideration of Congress the expediency of an effectual + prohibition of any trade whatever by citizens or inhabitants + of the United States under special licenses, whether relating + to persons or ports, and in aid thereof a prohibition of all + exportations from the United States in foreign bottoms, few + of which are actually employed, whilst multiplying + counterfeits of their flags and papers are covering and + encouraging the navigation of the enemy. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 3, 1813. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + Conformably to the resolution of the House of Representatives + of the 27th of January last, I transmit "rolls of the persons + having office or employment of a public nature under the + United States," + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + VETO MESSAGE. + </h2> + <p class="r"> + NOVEMBER 5, 1812. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The bill entitled "An act supplementary to the acts + heretofore passed on the subject of an uniform rule of + naturalization," which passed the two Houses at the last + session of Congress, having appeared to me liable to abuse by + aliens having no real purpose of effectuating a + naturalization, and therefore not been signed, and having + been presented at an hour too near the close of the session + to be returned with objections for reconsideration, the bill + failed to become a law. I also recommend that provision be + now made in favor of aliens entitled to the contemplated + benefit, under such regulations as will prevent advantage + being taken of it for improper purposes. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SECOND INAUGURAL ADDRESS. + </h2> + <p> + About to add the solemnity of an oath to the obligations + imposed by a second call to the station in which my country + heretofore placed me, I find in the presence of this + respectable assembly an opportunity of publicly repeating my + profound sense of so distinguished a confidence and of the + responsibility united with it. The impressions on me are + strengthened by such an evidence that my faithful endeavors + to discharge my arduous duties have been favorably estimated, + and by a consideration of the momentous period at which the + trust has been renewed. From the weight and magnitude now + belonging to it I should be compelled to shrink if I had less + reliance on the support of an enlightened and generous + people, and felt less deeply a conviction that the war with a + powerful nation, which forms so prominent a feature in our + situation, is stamped with that justice which invites the + smiles of Heaven on the means of conducting it to a + successful termination. + </p> + <p> + May we not cherish this sentiment without presumption when we + reflect on the characters by which this war is distinguished? + </p> + <p> + It was not declared on the part of the United States until it + had been long made on them, in reality though not in name; + until arguments and expostulations had been exhausted; until + a positive declaration had been received that the wrongs + provoking it would not be discontinued; nor until this last + appeal could no longer be delayed without breaking down the + spirit of the nation, destroying all confidence in itself and + in its political institutions, and either perpetuating a + state of disgraceful suffering or regaining by more costly + sacrifices and more severe struggles our lost rank and + respect among independent powers. + </p> + <p> + On the issue of the war are staked our national sovereignty + on the high seas and the security of an important class of + citizens, whose occupations give the proper value to those of + every other class. Not to contend for such a stake is to + surrender our equality with other powers on the element + common to all and to violate the sacred title which every + member of the society has to its protection. I need not call + into view the unlawfulness of the practice by which our + mariners are forced at the will of every cruising officer + from their own vessels into foreign ones, nor paint the + outrages inseparable from it. The proofs are in the records + of each successive Administration of our Government, and the + cruel sufferings of that portion of the American people have + found their way to every bosom not dead to the sympathies of + human nature. + </p> + <p> + As the war was just in its origin and necessary and noble in + its objects, we can reflect with a proud satisfaction that in + carrying it on no principle of justice or honor, no usage of + civilized nations, no precept of courtesy or humanity, have + been infringed, The war has been waged on our part with + scrupulous regard to all these obligations, and in a spirit + of liberality which was never surpassed. + </p> + <p> + How little has been the effect of this example on the conduct + of the enemy! + </p> + <p> + They have retained as prisoners of war citizens of the United + States not liable to be so considered under the usages of + war. + </p> + <p> + They have refused to consider as prisoners of war, and + threatened to punish as traitors and deserters, persons + emigrating without restraint to the United States, + incorporated by naturalization into our political family, and + fighting under the authority of their adopted country in open + and honorable war for the maintenance of its rights and + safety. Such is the avowed purpose of a Government which is + in the practice of naturalizing by thousands citizens of + other countries, and not only of permitting but compelling + them to fight its battles against their native country. + </p> + <p> + They have not, it is true, taken into their own hands the + hatchet and the knife, devoted to indiscriminate massacre, + but they have let loose the savages armed with these cruel + instruments; have allured them into their service, and + carried them to battle by their sides, eager to glut their + savage thirst with the blood of the vanquished and to finish + the work of torture and death on maimed and defenseless + captives. And, what was never before seen, British commanders + have extorted victory over the unconquerable valor of our + troops by presenting to the sympathy of their chief captives + awaiting massacre from their savage associates. And now we + find them, in further contempt of the modes of honorable + warfare, supplying the place of a conquering force by + attempts to disorganize our political society, to dismember + our confederated Republic. Happily, like others, these will + recoil on the authors; but they mark the degenerate counsels + from which they emanate, and if they did not belong to a + series of unexampled inconsistencies might excite the greater + wonder as proceeding from a Government which founded the very + war in which it has been so long engaged on a charge against + the disorganizing and insurrectional policy of its adversary. + </p> + <p> + To render the justice of the war on our part the more + conspicuous, the reluctance to commence it was followed by + the earliest and strongest manifestations of a disposition to + arrest its progress. The sword was scarcely out of the + scabbard before the enemy was apprised of the reasonable + terms on which it would be resheathed. Still more precise + advances were repeated, and have been received in a spirit + forbidding every reliance not placed on the military + resources of the nation. + </p> + <p> + These resources are amply sufficient to bring the war to an + honorable issue. Our nation is in number more than half that + of the British Isles. It is composed of a brave, a free, a + virtuous, and an intelligent people. Our country abounds in + the necessaries, the arts, and the comforts of life. A + general prosperity is visible in the public countenance. The + means employed by the British cabinet to undermine it have + recoiled on themselves; have given to our national faculties + a more rapid development, and, draining or diverting the + precious metals from British circulation and British vaults, + have poured them into those of the United States. It is a + propitious consideration that an unavoidable war should have + found this seasonable facility for the contributions required + to support it. When the public voice called for war, all + knew, and still know, that without them it could not be + carried on through the period which it might last, and the + patriotism, the good sense, and the manly spirit of our + fellow-citizens are pledges for the cheerfulness with which + they will bear each his share of the common burden. To render + the war short and its success sure, animated and systematic + exertions alone are necessary, and the success of our arms + now may long preserve our country from the necessity of + another resort to them. Already have the gallant exploits of + our naval heroes proved to the world our inherent capacity to + maintain our rights on one element. If the reputation of our + arms has been thrown under clouds on the other, presaging + flashes of heroic enterprise assure us that nothing is + wanting to correspondent triumphs there also but die + discipline and habits which are in daily progress. + </p> + <p> + MARCH 4, 1813. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL SESSION MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>May 25, 1813</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + At an early day after the close of the last session of + Congress an offer was formally communicated from His Imperial + Majesty the Emperor of Russia of his mediation, as the common + friend of the United States and Great Britain, for the + purpose of facilitating a peace between them. The high + character of the Emperor Alexander being a satisfactory + pledge for the sincerity and impartiality of his offer, it + was immediately accepted, and as a further proof of the + disposition on the part of the United States, to meet their + adversary in honorable experiments for terminating the war it + was determined to avoid intermediate delays incident to the + distance of the parties by a definitive provision for the + contemplated negotiation. Three of our eminent citizens were + accordingly commissioned with the requisite powers to + conclude a treaty of peace with persons clothed with like + powers on the part of Great Britain. They are authorized also + to enter into such conventional regulations of the commerce + between the two countries as may be mutually advantageous. + The two envoys who, were in the United States at the time of + their appointment have proceeded to join their colleague + already at St. Petersburg. + </p> + <p> + The envoys have received another commission authorizing them + to conclude with Russia a treaty of commerce with a view to + strengthen the amicable relations and improve the beneficial + intercourse between the two countries. + </p> + <p> + The issue of this friendly interposition of the Russian + Emperor and this pacific manifestation on the part of the + United States time only can decide. That the sentiments of + Great Britain toward that Sovereign will have produced an + acceptance of his offered mediation must be presumed. That no + adequate motives exist to prefer a continuance of war with + the United States to the terms on which they are willing to + close it is certain. The British cabinet also must be + sensible that, with respect to the important question of + impressment, on which the war so essentially turns, a search + for or seizure of British persons or property on board + neutral vessels on the high seas is not a belligerent right + derived from the law of nations, and it is obvious that no + visit or search or use of force for any purpose on board the + vessels of one independent power on the high seas can in war + or peace be sanctioned by the laws or authority of another + power. It is equally obvious that, for the purpose of + preserving to each State its seafaring members, by excluding + them from the vessels of the other, the mode heretofore + proposed by the United States and now enacted by them as an + article of municipal policy, can not for a moment be compared + with the mode practiced by Great Britain without a conviction + of its title to preference, inasmuch as the latter leaves the + discrimination between the mariners of the two nations to + officers exposed by unavoidable bias as well as by a defect + of evidence to a wrong decision, under circumstances + precluding for the most part the enforcement of controlling + penalties, and where a wrong decision, besides the + irreparable violation of the sacred rights of persons, might + frustrate the plans and profits of entire voyages; whereas + the mode assumed by the United States guards with studied + fairness and efficacy against errors in such cases and avoids + the effect of casual errors on the safety of navigation and + the success of mercantile expeditions. + </p> + <p> + If the reasonableness of expectations drawn from these + considerations could guarantee their fulfillment a just peace + would not be distant. But it becomes the wisdom of the + National Legislature to keep in mind the true policy, or + rather the indispensable obligation, of adapting its measures + to the supposition that the only course to that happy event + is in the vigorous employment of the resources of war. And + painful as the reflection is, this duty is particularly + enforced by the spirit and manner in which the war continues + to be waged by the enemy, who, uninfluenced by the unvaried + examples of humanity set them, are adding to the savage fury + of it on one frontier a system of plunder and conflagration + on the other, equally forbidden by respect for national + character and by the established rules of civilized warfare. + </p> + <p> + As an encouragement to persevering and invigorated exertions + to bring the contest to a happy result, I have the + satisfaction of being able to appeal to the auspicious + progress of our arms both by land and on the water. + </p> + <p> + In continuation of the brilliant achievements of our infant + Navy, a signal triumph has been gained by Captain Lawrence + and his companions in the <i>Hornet</i> sloop of war, which + destroyed a British sloop of war with a celerity so + unexampled and with a slaughter of the enemy so + disproportionate to the loss in the <i>Hornet</i> as to claim + for the conquerors the highest praise and the full recompense + provided by Congress in preceding cases. Our public ships of + war in general, as well as the private armed vessels, have + continued also their activity and success against the + commerce of the enemy, and by their vigilance and address + have greatly frustrated the efforts of the hostile squadrons + distributed along our coasts to intercept them in returning + into port and resuming their cruises. + </p> + <p> + The augmentation of our naval force, as authorized at the + last session of Congress, is in progress. On the Lakes our + superiority is near at hand where it is not already + established. + </p> + <p> + The events of the campaign, so far as they are known to us, + furnish matter of congratulation, and show that under a wise + organization and efficient direction the Army is destined to + a glory not less brilliant than that which already encircles + the Navy. The attack and capture of York is in that quarter a + presage of future and greater victories, while on the western + frontier the issue of the late siege of Fort Meigs leaves us + nothing to regret but a single act of inconsiderate valor. + </p> + <p> + The provisions last made for filling the ranks and enlarging + the staff of the Army have had the best effects. It will be + for the consideration of Congress whether other provisions + depending on their authority may not still further improve + the military establishment and the means of defense. + </p> + <p> + The sudden death of the distinguished citizen who represented + the United States in France, without any special arrangements + by him for such a contingency, has left us without the + expected sequel to his last communications, nor has the + French Government taken any measures for bringing the + depending negotiations to a conclusion through its + representative in the United States. This failure adds to + delays before so unreasonably spun out. A successor to our + deceased minister has been appointed and is ready to proceed + on his mission. The course which he will pursue in fulfilling + it is that prescribed by a steady regard to the true + interests of the United States, which equally avoids an + abandonment of their just demands and a connection of their + fortunes with the systems of other powers. + </p> + <p> + The receipts in the Treasury from the 1st of October to the + 31st day of March last, including the sums received on + account of Treasury notes and of the loans authorized by the + acts of the last and the preceding sessions of Congress, have + amounted to $15,412,000. The expenditures during the same + period amounted to $15,920,000, and left in the Treasury on + the 1st of April the sum of $1,857,000. The loan of + $16,000,000, authorized by the act of the 8th of February + last, has been contracted for. Of that sum more than + $1,000,000 had been paid into the Treasury prior to the 1st + of April, and formed a part of the receipts as above stated. + The remainder of that loan, amounting to near $15,000,000, + with the sum of $5,000,000 authorized to be issued in + Treasury notes, and the estimated receipts from the customs + and the sales of public lands, amounting to $9,300,000, and + making, in the whole, $29,300,000, to be received during the + last nine months of the present year, will be necessary to + meet the expenditures already authorized and the engagements + contracted in relation to the public debt. These engagements + amount during that period to $10,500,000, which, with near + one million for the civil, miscellaneous, and diplomatic + expenses, both foreign and domestic, and $17,800,000 for the + military and naval expenditures, including the ships of war + building and to be built, will leave a sum in the Treasury at + the end of the present year equal to that on the 1st of April + last. A part of this sum may be considered as a resource for + defraying any extraordinary expenses already authorized by + law beyond the sums above estimated, and a further resource + for any emergency may be found in the sum of $1,000,000, the + loan of which to the United States has been authorized by the + State of Pennsylvania, but which has not yet been brought + into effect. + </p> + <p> + This view of our finances, whilst it shows that due provision + has been made for the expenses of the current year, shows at + the same time, by the limited amount of the actual revenue + and the dependence on loans, the necessity of providing more + adequately for the future supplies of the Treasury. This can + be best done by a well-digested system of internal revenue in + aid of existing sources, which will have the effect both of + abridging the amount of necessary loans and, on that account, + as well as by placing the public credit on a more + satisfactory basis, of improving the terms on which loans may + be obtained. The loan of sixteen millions was not contracted + for at a less interest than about 7 1/2 per cent, and, + although other causes may have had an agency, it can not be + doubted that, with the advantage of a more extended and less + precarious revenue, a lower rate of interest might have + sufficed. A longer postponement of this advantage could not + fail to have a still greater influence on future loans. + </p> + <p> + In recommending to the National Legislature this resort to + additional taxes I feel great satisfaction in the assurance + that our constituents, who have already displayed so much + zeal and firmness in the cause of their country, will + cheerfully give any other proof of their patriotism which it + calls for. Happily no people, with local and transitory + exceptions never to be wholly avoided, are more able than the + people of the United States to spare for the public wants a + portion of their private means, whether regard be had to the + ordinary profits of industry or the ordinary price of + subsistence in our country compared with those in any other. + And in no case could stronger reasons be felt for yielding + the requisite contributions. By rendering the public + resources certain and commensurate to the public exigencies, + the constituted authorities will be able to prosecute the war + the more rapidly to its proper issue; every hostile hope + founded on a calculated failure of our resources will be cut + off, and by adding to the evidence of bravery and skill in + combats on the ocean and the land, and alacrity in supplying + the treasure necessary to give them their fullest effect, and + demonstrating to the world the public energy which our + political institutions combine, with the personal liberty + distinguishing them, the best security will be provided + against future enterprises on the rights or the peace of the + nation. + </p> + <p> + The contest in which the United States are engaged appeals + for its support to every motive that can animate an + uncorrupted and enlightened people—to the love of + country; to the pride of liberty; to an emulation of the + glorious founders of their independence by a successful + vindication of its violated attributes; to the gratitude and + sympathy which demand security from the most degrading wrongs + of a class of citizens who have proved themselves so worthy + the protection of their country by their heroic zeal in its + defense; and, finally, to the sacred obligation of + transmitting entire to future generations that precious + patrimony of national rights and independence which is held + in trust by the present from the goodness of Divine + Providence. + </p> + <p> + Being aware of the inconveniences to which a protracted + session at this season would be liable, I limit the present + communication to objects of primary importance. In special + messages which may ensue regard will be had to the same + consideration. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + MAY 29, 1813. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + The Swedish Government having repeatedly manifested a desire + to interchange a public minister with the United States, and + having lately appointed one with that view, and other + considerations concurring to render it advisable at this + period to make a correspondent appointment, I nominate + Jonathan Russell, of Rhode Island, to be minister + plenipotentiary of the United States to Sweden. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 6, 1813</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I have received from the committee appointed by the + resolution of the Senate of the 14th day of June a copy of + that resolution, which authorizes the committee to confer + with the President on the subject of the nomination made by + him of a minister plenipotentiary to Sweden. + </p> + <p> + Conceiving it to be my duty to decline the proposed + conference with the committee, and it being uncertain when it + may be convenient to explain to the committee, and through + them to the Senate, the grounds of my so doing, I think it + proper to address the explanation directly to the Senate. + Without entering into a general review of the relations in + which the Constitution has placed the several departments of + the Government to each other, it will suffice to remark that + the Executive and Senate, in the cases of appointments to + office and of treaties, are to be considered as independent + of and coordinate with each other. If they agree, the + appointments or treaties are made; if the Senate disagree, + they fail. If the Senate wish information previous to their + final decision, the practice, keeping in view the + constitutional relations of the Senate and the Executive, has + been either to request the Executive to furnish it or to + refer the subject to a committee of their body to + communicate, either formally or informally, with the head of + the proper department. The appointment of a committee of the + Senate to confer immediately with the Executive himself + appears to lose sight of the coordinate relation between the + Executive and the Senate which the Constitution has + established, and which ought therefore to be maintained. + </p> + <p> + The relation between the Senate and House of Representatives, + in whom legislative power is concurrently vested, is + sufficiently analogous to illustrate that between the + Executive and Senate in making appointments and treaties. The + two Houses are in like manner independent of and coordinate + with each other, and the invariable practice of each in + appointing committees of conference and consultation is to + commission them to confer not with the coordinate body + itself, but with a committee of that body; and although both + branches of the Legislature may be too numerous to hold + conveniently a conference with committees, were they to be + appointed by either to confer with the entire body of the + other, it may be fairly presumed that if the whole number of + either branch were not too large for the purpose the + objection to such a conference, being against the principle + as derogating from the coordinate relations of the two + Houses, would retain all its force. + </p> + <p> + I add only that I am entirely persuaded of the purity of the + intentions of the Senate in the course they have pursued on + this occasion, and with which my view of the subject makes it + my duty not to accord, and that they will be cheerfully + furnished with all the suitable information in possession of + the Executive in any mode deemed consistent with the + principles of the Constitution and the settled practice under + it. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 20, 1813</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + There being sufficient ground to infer that it is the purpose + of the enemy to combine with the blockade of our ports + special licenses to neutral vessels or to British vessels in + neutral disguises, whereby they may draw from our country the + precise kind and quantity of exports essential to their + wants, whilst its general commerce remains obstructed, + keeping in view also the insidious discrimination between the + different ports of the United States; and as such a system, + if not counteracted, will have the effect of diminishing very + materially the pressure of the war on the enemy, and + encouraging a perseverance in it, at the same time that it + will leave the general commerce of the United States under + all the pressure the enemy can impose, thus subjecting the + whole to British regulation in subserviency to British + monopoly, I recommend to the consideration of Congress the + expediency of an immediate and effectual prohibition of + exports limited to a convenient day in their next session, + and removable in the meantime in the event of a cessation of + the blockade of our ports. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + [From Niles's Weekly Register, vol. 4, p. 345.] + </center> + <h3> + A PROCLAMATION. + </h3> + <p> + Whereas the Congress of the United States, by a joint + resolution of the two Houses, have signified a request that a + day may be recommended to be observed by the people of the + United States with religious solemnity as a day of public + humiliation and prayer; and + </p> + <p> + Whereas in times of public calamity such as that of the war + brought on the United States by the injustice of a foreign + government it is especially becoming that the hearts of all + should be touched with the same and the eyes of all be turned + to that Almighty Power in whose hand are the welfare and the + destiny of nations: + </p> + <p> + I do therefore issue this my proclamation, recommending to + all who shall be piously disposed to unite their hearts and + voices in addressing at one and the same time their vows and + adorations to the Great Parent and Sovereign of the Universe + that they assemble on the second Thursday of September next + in their respective religious congregations to render Him + thanks for the many blessings He has bestowed on the people + of the United States; that He has blessed them with a land + capable of yielding all the necessaries and requisites of + human life, with ample means for convenient exchanges with + foreign countries; that He has blessed the labors employed in + its cultivation and improvement; that He is now blessing the + exertions to extend and establish the arts and manufactures + which will secure within ourselves supplies too important to + remain dependent on the precarious policy or the peaceable + dispositions of other nations, and particularly that He has + blessed the United States with a political Constitution + founded on the will and authority of the whole people and + guaranteeing to each individual security, not only of his + person and his property, but of those sacred rights of + conscience so essential to his present happiness and so dear + to his future hopes; that with those expressions of devout + thankfulness be joined supplications to the same Almighty + Power that He would look down with compassion on our + infirmities; that He would pardon our manifold transgressions + and awaken and strengthen in all the wholesome purposes of + repentance and amendment; that in this season of trial and + calamity He would preside in a particular manner over our + public councils and inspire all citizens with a love of their + country and with those fraternal affections and that mutual + confidence which have so happy a tendency to make us safe at + home and respected abroad; and that as He was graciously + pleased heretofore to smile on our struggles against the + attempts of the Government of the Empire of which these + States then made a part to wrest from them the rights and + privileges to which they were entitled in common with every + other part and to raise them to the station of an independent + and sovereign people, so He would now be pleased in like + manner to bestow His blessing on our arms in resisting the + hostile and persevering efforts of the same power to degrade + us on the ocean, the common inheritance of all, from rights + and immunities belonging and essential to the American people + as a coequal member of the great community of independent + nations; and that, inspiring our enemies with moderation, + with justice, and with that spirit of reasonable + accommodation which our country has continued to manifest, we + may be enabled to beat our swords into plowshares and to + enjoy in peace every man the fruits of his honest industry + and the rewards of his lawful enterprise. + </p> + <p> + If the public homage of a people can ever be worthy the + favorable regard of the Holy and Omniscient Being to whom it + is addressed, it must be that in which those who join in it + are guided only by their free choice, by the impulse of their + hearts and the dictates of their consciences; and such a + spectacle must be interesting to all Christian nations as + proving that religion, that gift of Heaven for the good of + man, freed from all coercive edicts, from that unhallowed + connection with the powers of this world which corrupts + religion into an instrument or an usurper of the policy of + the state, and making no appeal but to reason, to the heart, + and to the conscience, can spread its benign influence + everywhere and can attract to the divine altar those freewill + offerings of humble supplication, thanksgiving, and praise + which alone can be acceptable to Him whom no hypocrisy can + deceive and no forced sacrifices propitiate. + </p> + <p> + Upon these principles and with these views the good people of + the United States are invited, in conformity with the + resolution aforesaid, to dedicate the day above named to the + religious solemnities therein recommended. + </p> + <p> + [SEAL.] + </p> + <p> + Given at Washington, this 23d day of July, A.D. 1813. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FIFTH ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 7, 1813</i>. + </p> + <p> + <i>Fellow Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + In meeting you at the present interesting conjuncture it + would have been highly satisfactory if I could have + communicated a favorable result to the mission charged with + negotiations for restoring peace. It was a just expectation, + from the respect due to the distinguished Sovereign who had + invited them by his offer of mediation, from the readiness + with which the invitation was accepted on the part of the + United States, and from the pledge to be found in an act of + their Legislature for the liberality which their + plenipotentiaries would carry into the negotiations, that no + time would be lost by the British Government in embracing the + experiment for hastening a stop to the effusion of blood. A + prompt and cordial acceptance of the mediation on that side + was the less to be doubted, as it was of a nature not to + submit rights or pretensions on either side to the decision + of an umpire, but to afford merely an opportunity, honorable + and desirable to both, for discussing and, if possible, + adjusting them for the interest of both. + </p> + <p> + The British cabinet, either mistaking our desire of peace for + a dread of British power or misled by other fallacious + calculations, has disappointed this reasonable anticipation. + No communications from our envoys having reached us, no + information on the subject has been received from that + source; but it is known that the mediation was declined in + the first instance, and there is no evidence, notwithstanding + the lapse of time, that a change of disposition in the + British councils has taken place or is to be expected. + </p> + <p> + Under such circumstances a nation proud of its rights and + conscious of its strength has no choice but an exertion of + the one in support of the other. + </p> + <p> + To this determination the best encouragement is derived from + the success with which it has pleased the Almighty to bless + our arms both on the land and on the water. + </p> + <p> + Whilst proofs have been continued of the enterprise and skill + of our cruisers, public and private, on the ocean, and a new + trophy gained in the capture of a British by an American + vessel of war, after an action giving celebrity to the name + of the victorious commander, the great inland waters on which + the enemy were also to be encountered have presented + achievements of our naval arms as brilliant in their + character as they have been important in their consequences. + </p> + <p> + On Lake Erie, the squadron under command of Captain Perry + having met the British squadron of superior force, a + sanguinary conflict ended in the capture of the whole. The + conduct of that officer, adroit as it was daring, and which + was so well seconded by his comrades, justly entitles them to + the admiration and gratitude of their country, and will fill + an early page in its naval annals with a victory never + surpassed in luster, however much it may have been in + magnitude. + </p> + <p> + On Lake Ontario the caution of the British commander, favored + by contingencies, frustrated the efforts of the American + commander to bring on a decisive action. Captain Chauncey was + able, however, to establish an ascendency on that important + theater, and to prove by the manner in which he effected + everything possible that opportunities only were wanted for a + more shining display of his own talents and the gallantry of + those under his command. + </p> + <p> + The success on Lake Erie having opened a passage to the + territory of the enemy, the officer commanding the + Northwestern army transferred the war thither, and rapidly + pursuing the hostile troops, fleeing with their savage + associates, forced a general action, which quickly terminated + in the capture of the British and dispersion of the savage + force. + </p> + <p> + This result is signally honorable to Major General Harrison, + by whose military talents it was prepared; to Colonel Johnson + and his mounted volunteers, whose impetuous onset gave a + decisive blow to the ranks of the enemy, and to the spirit of + the volunteer militia, equally brave and patriotic, who bore + an interesting part in the scene; more especially to the + chief magistrate of Kentucky, at the head of them, whose + heroism signalized in the war which established the + independence of his country, sought at an advanced age a + share in hardships and battles for maintaining its rights and + its safety. + </p> + <p> + The effect of these successes has been to rescue the + inhabitants of Michigan from their oppressions, aggravated by + gross infractions of the capitulation which subjected them to + a foreign power; to alienate the savages of numerous tribes + from the enemy, by whom they were disappointed and abandoned, + and to relieve an extensive region of country from a + merciless warfare which desolated its frontiers and imposed + on its citizens the most harassing services. + </p> + <p> + In consequence of our naval superiority on Lake Ontario and + the opportunity afforded by it for concentrating our forces + by water, operations which had been provisionally planned + were set on foot against the possessions of the enemy on the + St. Lawrence. Such, however, was the delay produced in the + first instance by adverse weather of unusual violence and + continuance and such the circumstances attending the final + movements of the army, that the prospect, at one time so + favorable, was not realized. + </p> + <p> + The cruelty of the enemy in enlisting the savages into a war + with a nation desirous of mutual emulation in mitigating its + calamities has not been confined to any one quarter. Wherever + they could be turned against us no exertions to effect it + have been spared. On our southwestern border the Creek + tribes, who, yielding to our persevering endeavors, were + gradually acquiring more civilized habits, became the + unfortunate victims of seduction. A war in that quarter has + been the consequence, infuriated by a bloody fanaticism + recently propagated among them. It was necessary to crush + such a war before it could spread among the contiguous tribes + and before it could favor enterprises of the enemy into that + vicinity. With this view a force was called into the service + of the United States from the States of Georgia and + Tennessee, which, with the nearest regular troops and other + corps from the Mississippi Territory, might not only chastise + the savages into present peace but make a lasting impression + on their fears. + </p> + <p> + The progress of the expedition, as far as is yet known, + corresponds with the martial zeal with which it was espoused, + and the best hopes of a satisfactory issue are authorized by + the complete success with which a well-planned enterprise was + executed against a body of hostile savages by a detachment of + the volunteer militia of Tennessee, under the gallant command + of General Coffee, and by a still more important victory over + a larger body of them, gained under the immediate command of + Major General Jackson, an officer equally distinguished for + his patriotism and his military talents. + </p> + <p> + The systematic perseverance of the enemy in courting the aid + of the savages in all quarters had the natural effect of + kindling their ordinary propensity to war into a passion, + which, even among those best disposed toward the United + States, was ready, if not employed on our side, to be turned + against us. A departure from our protracted forbearance to + accept the services tendered by them has thus been forced + upon us. But in yielding to it the retaliation has been + mitigated as much as possible, both in its extent and in its + character, stopping far short of the example of the enemy, + who owe the advantages they have occasionally gained in + battle chiefly to the number of their savage associates, and + who have not controlled them either from their usual practice + of indiscriminate massacre on defenseless inhabitants or from + scenes of carnage without a parallel on prisoners to the + British arms, guarded by all the laws of humanity and of + honorable war. For these enormities the enemy are equally + responsible, whether with the power to prevent them they want + the will or with the knowledge of a want of power they still + avail themselves of such instruments. + </p> + <p> + In other respects the enemy are pursuing a course which + threatens consequences most afflicting to humanity. + </p> + <p> + A standing law of Great Britain naturalizes, as is well + known, all aliens complying with conditions limited to a + shorter period than those required by the United States, and + naturalized subjects are in war employed by her Government in + common with native subjects. In a contiguous British Province + regulations promulgated since the commencement of the war + compel citizens of the United States being there under + certain circumstances to bear arms, whilst of the native + emigrants from the United States, who compose much of the + population of the Province, a number have actually borne arms + against the United States within their limits, some of whom, + after having done so, have become prisoners of war, and are + now in our possession. The British commander in that + Province, nevertheless, with the sanction, as appears, of his + Government, thought proper to select from American prisoners + of war and send to Great Britain for trial as criminals a + number of individuals who had emigrated from the British + dominions long prior to the state of war between the two + nations, who had incorporated themselves into our political + society in the modes recognized by the law and the practice + of Great Britain, and who were made prisoners of war under + the banners of their adopted country, fighting for its rights + and its safety. + </p> + <p> + The protection due to these citizens requiring an effectual + interposition in their behalf, a like number of British + prisoners of war were put into confinement, with a + notification that they would experience whatever violence + might be committed on the American prisoners of war sent to + Great Britain. + </p> + <p> + It was hoped that this necessary consequence of the step + unadvisedly taken on the part of Great Britain would have led + her Government to reflect on the inconsistencies of its + conduct, and that a sympathy with the British, if not with + the American, sufferers would have arrested the cruel career + opened by its example. + </p> + <p> + This was unhappily not the case. In violation both of + consistency and of humanity, American officers and + noncommissioned officers in double the number of the British + soldiers confined here were ordered into close confinement, + with formal notice that in the event of a retaliation for the + death which might be inflicted on the prisoners of war sent + to Great Britain for trial the officers so confined would be + put to death also. It was notified at the same time that the + commanders of the British fleets and armies on our coasts are + instructed in the same event to proceed with a destructive + severity against our towns and their inhabitants. + </p> + <p> + That no doubt might be left with the enemy of our adherence + to the retaliatory resort imposed on us, a correspondent + number of British officers, prisoners of war in our hands, + were immediately put into close confinement to abide the fate + of those confined by the enemy, and the British Government + has been apprised of the determination of this Government to + retaliate any other proceedings against us contrary to the + legitimate modes of warfare. + </p> + <p> + It is as fortunate for the United States that they have it in + their power to meet the enemy in this deplorable contest as + it is honorable to them that they do not join in it but under + the most imperious obligations, and with the humane purpose + of effectuating a return to the established usages of war. + </p> + <p> + The views of the French Government on the subjects which have + been so long committed to negotiation have received no + elucidation since the close of your late session. The + minister plenipotentiary of the United States at Paris had + not been enabled by proper opportunities to press the objects + of his mission as prescribed by his instructions. + </p> + <p> + The militia being always to be regarded as the great bulwark + of defense and security for free states, and the Constitution + having wisely committed to the national authority a use of + that force as the best provision against an unsafe military + establishment, as well as a resource peculiarly adapted to a + country having the extent and the exposure of the United + States, I recommend to Congress a revision of the militia + laws for the purpose of securing more effectually the + services of all detachments called into the employment and + placed under the Government of the United States. + </p> + <p> + It will deserve the consideration of Congress also whether + among other improvements in the militia laws justice does not + require a regulation, under due precautions, for defraying + the expense incident to the first assembling as well as the + subsequent movements of detachments called into the national + service. + </p> + <p> + To give to our vessels of war, public and private, the + requisite advantage in their cruises, it is of much + importance that they should have, both for themselves and + their prizes, the use of the ports and markets of friendly + powers. With this view, I recommend to Congress the + expediency of such legal provisions as may supply the defects + or remove the doubts of the Executive authority, to allow to + the cruisers of other powers at war with enemies of the + United States such use of the American ports as may + correspond with the privileges allowed by such powers to + American cruisers. + </p> + <p> + During the year ending on the 30th of September last the + receipts into the Treasury have exceeded $37,500,000, of + which near twenty-four millions were the produce of loans. + After meeting all demands for the public service there + remained in the Treasury on that day near $7,000,000. Under + the authority contained in the act of the 2d of August last + for borrowing $7,500,000, that sum has been obtained on terms + more favorable to the United States than those of the + preceding loan made during the present year. Further sums to + a considerable amount will be necessary to be obtained in the + same way during the ensuing year, and from the increased + capital of the country, from the fidelity with which the + public engagements have been kept and the public credit + maintained, it may be expected on good grounds that the + necessary pecuniary supplies will not be wanting. + </p> + <p> + The expenses of the current year, from the multiplied + operations falling within it, have necessarily been + extensive; but on a just estimate of the campaign in which + the mass of them has been incurred the cost will not be found + disproportionate to the advantages which have been gained. + The campaign has, indeed, in its latter stages in one quarter + been less favorable than was expected, but in addition to the + importance of our naval success the progress of the campaign + has been filled with incidents highly honorable to the + American arms. + </p> + <p> + The attacks of the enemy on Craney Island, on Fort Meigs, on + Sacketts Harbor, and on Sandusky have been vigorously and + successfully repulsed; nor have they in any case succeeded on + either frontier excepting when directed against the peaceable + dwellings of individuals or villages unprepared or + undefended. + </p> + <p> + On the other hand, the movements of the American Army have + been followed by the reduction of York, and of Forts George, + Erie, and Maiden; by the recovery of Detroit and the + extinction of the Indian war in the West, and by the + occupancy or command of a large portion of Upper Canada. + Battles have also been fought on the borders of the St. + Lawrence, which, though not accomplishing their entire + objects, reflect honor on the discipline and prowess of our + soldiery, the best auguries of eventual victory. In the same + scale are to be placed the late successes in the South over + one of the most powerful, which had become one of the most + hostile also, of the Indian tribes. + </p> + <p> + It would be improper to close this communication without + expressing a thankfulness in which all ought to unite for the + numerous blessings with which our beloved country continues + to be favored; for the abundance which overspreads our land, + and the prevailing health of its inhabitants; for the + preservation of our internal tranquillity, and the stability + of our free institutions, and, above all, for the light of + divine truth and the protection of every man's conscience in + the enjoyment of it. And although among our blessings we can + not number an exemption from the evils of war, yet these will + never be regarded as the greatest of evils by the friends of + liberty and of the rights of nations. Our country has before + preferred them to the degraded condition which was the + alternative when the sword was drawn in the cause which gave + birth to our national independence, and none who contemplate + the magnitude and feel the value of that glorious event will + shrink from a struggle to maintain the high and happy ground + on which it placed the American people. + </p> + <p> + With all good citizens the justice and necessity of resisting + wrongs and usurpations no longer to be borne will + sufficiently outweigh the privations and sacrifices + inseparable from a state of war. But it is a reflection, + moreover, peculiarly consoling, that, whilst wars are + generally aggravated by their baneful effects on the internal + improvements and permanent prosperity of the nations engaged + in them, such is the favored situation of the United States + that the calamities of the contest into which they have been + compelled to enter are mitigated by improvements and + advantages of which the contest itself is the source. + </p> + <p> + If the war has increased the interruptions of our commerce, + it has at the same time cherished and multiplied our + manufactures so as to make us independent of all other + countries for the more essential branches for which we ought + to be dependent on none, and is even rapidly giving them an + extent which will create additional staples in our future + intercourse with foreign markets. + </p> + <p> + If much treasure has been expended, no inconsiderable portion + of it has been applied to objects durable in their value and + necessary to our permanent safety. + </p> + <p> + If the war has exposed us to increased spoliations on the + ocean and to predatory incursions on the land, it has + developed the national means of retaliating the former and of + providing protection against the latter, demonstrating to all + that every blow aimed at our maritime independence is an + impulse accelerating the growth of our maritime power. + </p> + <p> + By diffusing through the mass of the nation the elements of + military discipline and instruction; by augmenting and + distributing warlike preparations applicable to future use; + by evincing the zeal and valor with which they will be + employed and the cheerfulness with which every necessary + burden will be borne, a greater respect for our rights and a + longer duration of our future peace are promised than could + be expected without these proofs of the national character + and resources. + </p> + <p> + The war has proved moreover that our free Government, like + other free governments, though slow in its early movements, + acquires in its progress a force proportioned to its freedom, + and that the union of these States, the guardian of the + freedom and safety of all and of each, is strengthened by + every occasion that puts it to the test. + </p> + <p> + In fine, the war, with all its vicissitudes, is illustrating + the capacity and the destiny of the United States to be a + great, a flourishing, and a powerful nation, worthy of the + friendship which it is disposed to cultivate with all others, + and authorized by its own example to require from all an + observance of the laws of justice and reciprocity. Beyond + these their claims have never extended, and in contending for + these we behold a subject for our congratulations in the + daily testimonies of increasing harmony throughout the + nation, and may humbly repose our trust in the smiles of + Heaven on so righteous a cause. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + DECEMBER 9, 1813. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The tendency of our commercial and navigation laws in their + present state to favor the enemy and thereby prolong the war + is more and more developed by experience. Supplies of the + most essential kinds And their way not only to British ports + and British armies at a distance, but the armies in our + neighborhood with which our own are contending derive from + our ports and outlets a subsistence attainable with + difficulty, if at all, from other sources. Even the fleets + and troops infesting our coasts and waters are by like + supplies accommodated and encouraged in their predatory and + incursive warfare. + </p> + <p> + Abuses having a like tendency take place in our import trade. + British fabrics and products find their way into our ports + under the name and from the ports of other countries, and + often in British vessels disguised as neutrals by false + colors and papers. + </p> + <p> + To these abuses it may be added that illegal importations are + openly made with advantage to the violators of the law, + produced by undervaluations or other circumstances involved + in the course of the judicial proceedings against them. + </p> + <p> + It is found also that the practice of ransoming is a cover + for collusive captures and a channel for intelligence + advantageous to the enemy. + </p> + <p> + To remedy as much as possible these evils, I recommend: + </p> + <p> + That an effectual embargo on exports be immediately enacted. + </p> + <p> + That all articles known to be derived, either not at all or + in any immaterial degree only, from the productions of any + other country than Great Britain, and particularly the + extensive articles made of wool and cotton materials, and + ardent spirits made from the cane, be expressly and + absolutely prohibited, from whatever port or place or in + whatever vessels the same may be brought into the United + States, and that all violations of the nonimportation act be + subjected to adequate penalties. + </p> + <p> + That among the proofs of the neutral and national character + of foreign vessels it be required that the masters and + supercargoes and three-fourths at least of the crews be + citizens or subjects of the country under whose flag the + vessels sail. + </p> + <p> + That all persons concerned in collusive captures by the enemy + or in ransoming vessels or their cargoes from the enemy be + subjected to adequate penalties. + </p> + <p> + To shorten as much as possible the duration of the war it is + indispensable that the enemy should feel all the pressure + that can be given to it, and the restraints having that + tendency will be borne with the greater cheerfulness by all + good citizens, as the restraints will affect those most who + are most ready to sacrifice the interest of their country in + pursuit of their own. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 6, 1814. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit, for the information of Congress, copies of a + letter from the British secretary of state for foreign + affairs to the Secretary of State, with the answer of the + latter. + </p> + <p> + In appreciating the accepted proposal of the Government of + Great Britain for instituting negotiations for peace Congress + will not fail to keep in mind that vigorous preparations for + carrying on the war can in no respect impede the progress to + a favorable result, whilst a relaxation of such preparations, + should the wishes of the United States for a speedy + restoration of the blessings of peace be disappointed, would + necessarily have the most injurious consequences. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 26, 1814. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + It has appeared that at the recovery of the Michigan + Territory from the temporary possession of the enemy the + inhabitants thereof were left in so destitute and distressed + a condition as to require from the public stores certain + supplies essential to their subsistence, which have been + prolonged under the same necessity which called for them. + </p> + <p> + The deplorable situation of the savages thrown by the same + event on the mercy and humanity of the American commander at + Detroit drew from the same source the means of saving them + from perishing by famine, and in other places the appeals + made by the wants and sufferings of that unhappy description + of people have been equally imperious. + </p> + <p> + The necessity imposed by the conduct of the enemy in relation + to the savages of admitting their cooperation in some + instances with our arms has also involved occasional expense + in supplying their wants, and it is possible that a + perseverance of the enemy in their cruel policy may render a + further expense for the like purpose inevitable. + </p> + <p> + On these subjects an estimate from the Department of War will + be laid before Congress, and I recommend a suitable provision + for them. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 31, 1814. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Taking into view the mutual interests which the United States + and the foreign nations in amity with them have in a liberal + commercial intercourse, and the extensive changes favorable + thereto which have recently taken place; taking into view + also the important advantages which may otherwise result from + adapting the state of our commercial laws to the + circumstances now existing, I recommend to the consideration + of Congress the expediency of authorizing, after a certain + day, exportations, specie excepted, from the United States in + vessels of the United States and in vessels owned and + navigated by the subjects of powers at peace with them, and a + repeal of so much of our laws as prohibits the importation of + articles not the property of enemies, but produced or + manufactured only within their dominions. + </p> + <p> + I recommend also, as a more effectual safeguard and + encouragement to our growing manufactures, that the + additional duties on imports which are to expire at the end + of one year after a peace with Great Britain be prolonged to + the end of two years after that event, and that, in favor of + our moneyed institutions, the exportation of specie be + prohibited throughout the same period. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <center> + [From Niles's Weekly Register, vol. 6, p. 279.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas information has been received that a number of + individuals who have deserted from the Army of the United + States have become sensible of their offenses and are + desirous of returning to their duty, a full pardon is hereby + granted and proclaimed to each and all such individuals as + shall within three months from the date hereof surrender + themselves to the commanding officer of any military post + within the United States or the Territories thereof. + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be affixed to these presents, and signed the same + with my hand. + </p> + <p> + [SEAL.] + </p> + <p> + Done at the city of Washington, the 17th day of June, A.D. + 1814, and of the Independence of the United States the thirty + eighth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + JAMES MONROE,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas it is manifest that the blockade which has been + proclaimed by the enemy of the whole Atlantic coast of the + United States, nearly 2,000 miles in extent, and abounding in + ports, harbors, and navigable inlets, can not be carried into + effect by any adequate force actually stationed for the + purpose, and it is rendered a matter of certainty and + notoriety by the multiplied and daily arrivals and departures + of the public and private armed vessels of the United States + and of other vessels that no such adequate force has been so + stationed; and + </p> + <p> + Whereas a blockade thus destitute of the character of a + regular and legal blockade as defined and recognized by the + established law of nations, whatever other purposes it may be + made to answer, forms no lawful prohibition or obstacle to + such neutral and friendly vessels as may choose to visit and + trade with the United States; and + </p> + <p> + Whereas it accords with the interest and the amicable views + of the United States to favor and promote as far as may be + the free and mutually beneficial commercial intercourse of + all friendly nations disposed to engage therein, and with + that view to afford to their vessels destined to the United + States a more positive and satisfactory security against all + interruptions, molestations, or vexations whatever from the + cruisers of the United States: + </p> + <p> + Now be it known that I, James Madison, President of the + United States of America, do by this my proclamation strictly + order and instruct all the public armed vessels of the United + States and all private armed vessels commissioned as + privateers or with letters of marque and reprisal not to + interrupt, detain, or otherwise molest or vex any vessels + whatever belonging to neutral powers or the subjects or + citizens thereof, which vessels shall be actually bound and + proceeding to any port or place within the jurisdiction of + the United States, but, on the contrary, to render to all + such vessels all the aid and kind offices which they may need + or require. + </p> + <p> + [SEAL.] + </p> + <p> + Given under my hand and the seal of the United States at the + city of Washington, the 29th day of June, A.D. 1814, and of + the Independence of the United States the thirty-eighth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + JAMES MONROE,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <center> + [From Annals of Congress, Thirteenth Congress, vol. 3, 9.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas great and weighty matters claiming the consideration + of the Congress of the United States form an extraordinary + occasion for convening them, I do by these presents appoint + Monday, the 19th day of September next, for their meeting at + the city of Washington, hereby requiring the respective + Senators and Representatives then and there to assemble in + Congress, in order to receive such communications as may then + be made to them and to consult and determine on such measures + as in their wisdom may be deemed meet for the welfare of the + United States. + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be hereunto affixed, and signed the same with my + hand, + </p> + <p> + [SEAL.] + </p> + <p> + Done at the city of Washington, the 8th day of August, A.D. + 1814, and of the Independence of the United States the + thirty-ninth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + JAMES MONROE,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <center> + [From Nile's Weekly Register, vol. 7, p. 2.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas the enemy by a sudden incursion have succeeded in + invading the capital of the nation, defended at the moment by + troops less numerous than their own and almost entirely of + the militia, during their possession of which, though for a + single day only, they wantonly destroyed the public edifices, + having no relation in their structure to operations of war + nor used at the time for military annoyance, some of these + edifices being also costly monuments of taste and of the + arts, and others depositories of the public archives, not + only precious to the nation as the memorials of its origin + and its early transactions, but interesting to all nations as + contributions to the general stock of historical instruction + and political science; and + </p> + <p> + Whereas advantage has been taken of the loss of a fort more + immediately guarding the neighboring town of Alexandria to + place the town within the range of a naval force too long and + too much in the habit of abusing its superiority wherever it + can be applied to require as the alternative of a general + conflagration an undisturbed plunder of private property, + which has been executed in a manner peculiarly distressing to + the inhabitants, who had inconsiderately cast themselves upon + the justice and generosity of the victor; and + </p> + <p> + Whereas it now appears by a direct communication from the + British commander on the American station to be his avowed + purpose to employ the force under his direction "in + destroying and laying waste such towns and districts upon the + coast as may be found assailable," adding to this declaration + the insulting pretext that it is in retaliation for a wanton + destruction committed by the army of the United States in + Upper Canada, when it is notorious that no destruction has + been committed, which, notwithstanding the multiplied + outrages previously committed by the enemy was not + unauthorized, and promptly shown to be so, and that the + United States have been as constant in their endeavors to + reclaim the enemy from such outrages by the contrast of their + own example as they have been ready to terminate on + reasonable conditions the war itself; and + </p> + <p> + Whereas these proceedings and declared purposes, which + exhibit a deliberate disregard of the principles of humanity + and the rules of civilized warfare, and which must give to + the existing war a character of extended devastation and + barbarism at the very moment of negotiations for peace, + invited by the enemy himself, leave no prospect of safety to + anything within the reach of his predatory and incendiary + operations but in manful and universal determination to + chastise and expel the invader: + </p> + <p> + Now, therefore, I, James Madison, President of the United + States, do issue this my proclamation, exhorting all the good + people thereof to unite their hearts and hands in giving + effect to the ample means possessed for that purpose. I + enjoin it on all officers, civil and military, to exert + themselves in executing the duties with which they are + respectively charged; and more especially I require the + officers commanding the respective military districts to be + vigilant and alert in providing for the defense thereof, for + the more effectual accomplishment of which they are + authorized to call to the defense of exposed and threatened + places portions of the militia most convenient thereto, + whether they be or be not parts of the quotas detached for + the service of the United States under requisitions of the + General Government. + </p> + <p> + On an occasion which appeals so forcibly to the proud + feelings and patriotic devotion of the American people none + will forget what they owe to themselves, what they owe to + their country and the high destinies which await it, what to + the glory acquired by their fathers in establishing the + independence which is now to be maintained by their sons with + the augmented strength and resources with which time and + Heaven had blessed them. + </p> + <p> + [SEAL.] + </p> + <p> + In testimony whereof I have hereunto set my hand and caused + the seal of the United States to be affixed to these + presents. Done at the city of Washington, the 1st day of + September, A.D. 1814 and of the Independence of the United + States the thirty-ninth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + JAMES MONROE,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>September 17, 1814</i>. + </p> + <p> + The PRESIDENT OF THE SENATE OF THE UNITED STATES. + </p> + <p> + SIR: The destruction of the Capitol by the enemy having made + it necessary that other accommodations should be provided for + the meeting of Congress, chambers for the Senate and for the + House of Representatives, with other requisite apartments, + have been fitted up, under the direction of the + superintendent of the city, in the public building heretofore + allotted for the post and other public offices. + </p> + <p> + With this information, be pleased, sir, to accept assurances + of my great respect and consideration. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SIXTH ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>September 20, 1814</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + Notwithstanding the early day which had been fixed for your + session of the present year, I was induced to call you + together still sooner, as well that any inadequacy in the + existing provisions for the wants of the Treasury might be + supplied as that no delay might happen in providing for the + result of the negotiations on foot with Great Britain, + whether it should require arrangements adapted to a return of + peace or further and more effective provisions for + prosecuting the war. + </p> + <p> + That result is not yet known. If, on the one hand, the repeal + of the orders in council and the general pacification in + Europe, which withdrew the occasion on which impressments + from American vessels were practiced, suggest expectations + that peace and amity may be reestablished, we are compelled, + on the other hand, by the refusal of the British Government + to accept the offered mediation of the Emperor of Russia, by + the delays in giving effect to its own proposal of a direct + negotiation, and, above all, by the principles and manner in + which the war is now avowedly carried on to infer that a + spirit of hostility is indulged more violent than ever + against the rights and prosperity of this country. + </p> + <p> + This increased violence is best explained by the two + important circumstances that the great contest in Europe for + an equilibrium guaranteeing all its States against the + ambition of any has been closed without any check on the + overbearing power of Great Britain on the ocean, and it has + left in her hands disposable armaments, with which, + forgetting the difficulties of a remote war with a free + people, and yielding to the intoxication of success, with the + example of a great victim to it before her eyes, she + cherishes hopes of still further aggrandizing a power already + formidable in its abuses to the tranquillity of the civilized + and commercial world. + </p> + <p> + But whatever may have inspired the enemy with these more + violent purposes, the public councils of a nation more able + to maintain than it was to acquire its independence, and with + a devotion to it rendered more ardent by the experience of + its blessings, can never deliberate but on the means most + effectual for defeating the extravagant views or + unwarrantable passions with which alone the war can now be + pursued against us. + </p> + <p> + In the events of the present campaign the enemy, with all his + augmented means and wanton use of them, has little ground for + exultation, unless he can feel it in the success of his + recent enterprises against this metropolis and the + neighboring town of Alexandria, from both of which his + retreats were as precipitate as his attempts were bold and + fortunate. In his other incursions on our Atlantic frontier + his progress, often checked and chastised by the martial + spirit of the neighboring citizens, has had more effect in + distressing individuals and in dishonoring his arms than in + promoting any object of legitimate warfare; and in the two + instances mentioned, however deeply to be regretted on our + part, he will find in his transient success, which + interrupted for a moment only the ordinary public business at + the seat of Government, no compensation for the loss of + character with the world by his violations of private + property and by his destruction of public edifices protected + as monuments of the arts by the laws of civilized warfare. + </p> + <p> + On our side we can appeal to a series of achievements which + have given new luster to the American arms. Besides the + brilliant incidents in the minor operations of the campaign, + the splendid victories gained on the Canadian side of the + Niagara by the American forces under Major-General Brown and + Brigadiers Scott and Gaines have gained for these heroes and + their emulating companions the most unfading laurels, and, + having triumphantly tested the progressive discipline of the + American soldiery, have taught the enemy that the longer he + protracts his hostile efforts the more certain and decisive + will be his final discomfiture. + </p> + <p> + On our southern border victory has continued also to follow + the American standard. The bold and skillful operations of + Major-General Jackson, conducting troops drawn from the + militia of the States least distant, particularly of + Tennessee, have subdued the principal tribes of hostile + savages, and, by establishing a peace with them, preceded by + recent and exemplary chastisement, has best guarded against + the mischief of their cooperation with the British + enterprises which may be planned against that quarter of our + country. Important tribes of Indians on our northwestern + frontier have also acceded to stipulations which bind them to + the interests of the United States and to consider our enemy + as theirs also. + </p> + <p> + In the recent attempt of the enemy on the city of Baltimore, + defended by militia and volunteers, aided by a small body of + regulars and seamen, he was received with a spirit which + produced a rapid retreat to his ships, whilst a concurrent + attack by a large fleet was successfully resisted by the + steady and well-directed fire of the fort and batteries + opposed to it. + </p> + <p> + In another recent attack by a powerful force on our troops at + Plattsburg, of which regulars made a part only, the enemy, + after a perseverance for many hours, was finally compelled to + seek safety in a hasty retreat, with our gallant bands + pressing upon him. + </p> + <p> + On the Lakes, so much contested throughout the war, the great + exertions for the command made on our part have been well + repaid. On Lake Ontario our squadron is now and has been for + some time in a condition to confine that of the enemy to his + own port, and to favor the operations of our land forces on + that frontier. + </p> + <p> + A part of the squadron on Lake Erie has been extended into + Lake Huron, and has produced the advantage of displaying our + command on that lake also. One object of the expedition was + the reduction of Mackinaw, which failed with the loss of a + few brave men, among whom was an officer justly distinguished + for his gallant exploits. The expedition, ably conducted by + both the land and the naval commanders, was otherwise highly + valuable in its effects. + </p> + <p> + On Lake Champlain, where our superiority had for some time + been undisputed, the British squadron lately came into action + with the American, commanded by Captain Macdonough. It issued + in the capture of the whole of the enemy's ships. The best + praise for this officer and his intrepid comrades is in the + likeness of his triumph to the illustrious victory which + immortalized another officer and established at a critical + moment our command of another lake. + </p> + <p> + On the ocean the pride of our naval arms had been amply + supported. A second frigate has indeed fallen into the hands + of the enemy, but the loss is hidden in the blaze of heroism + with which she was defended. Captain Porter, who commanded + her, and whose previous career had been distinguished by + daring enterprise and by fertility of genius, maintained a + sanguinary contest against two ships, one of them superior to + his own, and under other severe disadvantages, till humanity + tore down the colors which valor had nailed to the mast. This + officer and his brave comrades have added much to the rising + glory of the American flag, and have merited all the + effusions of gratitude which their country is ever ready to + bestow on the champions of its rights and of its safety. + </p> + <p> + Two smaller vessels of war have also become prizes to the + enemy, but by a superiority of force which sufficiently + vindicates the reputation of their commanders, whilst two + others, one commanded by Captain Warrington, the other by + Captain Blakely, have captured British ships of the same + class with a gallantry and good conduct which entitle them + and their companions to a just share in the praise of their + country. + </p> + <p> + In spite of the naval force of the enemy accumulated on our + coasts, our private cruisers also have not ceased to annoy + his commerce and to bring their rich prizes into our ports, + contributing thus, with other proofs, to demonstrate the + incompetency and illegality of a blockade the proclamation of + which is made the pretext for vexing and discouraging the + commerce of neutral powers with the United States. + </p> + <p> + To meet the extended and diversified warfare adopted by the + enemy, great bodies of militia have been taken into service + for the public defense, and great expenses incurred. That the + defense everywhere may be both more convenient and more + economical, Congress will see the necessity of immediate + measures for filling the ranks of the Regular Army and of + enlarging the provision for special corps, mounted and + unmounted, to be engaged for longer periods of service than + are due from the militia. I earnestly renew, at the same + time, a recommendation of such changes in the system of the + militia as, by classing and disciplining for the most prompt + and active service the portions most capable of it, will give + to that great resource for the public safety all the + requisite energy and efficiency. + </p> + <p> + The moneys received into the Treasury during the nine months + ending on the 30th day of June last amounted to $32,000,000, + of which near eleven millions were the proceeds of the public + revenue and the remainder derived from loans. The + disbursements for public expenditures during the same period + exceeded $34,000,000, and left in the Treasury on the 1st day + of July near $5,000,000. The demands during the remainder of + the present year already authorized by Congress and the + expenses incident to an extension of the operations of the + war will render it necessary that large sums should be + provided to meet them. + </p> + <p> + From this view of the national affairs Congress will be urged + to take up without delay as well the subject of pecuniary + supplies as that of military force, and on a scale + commensurate with the extent and the character which the war + has assumed. It is not to be disguised that the situation of + our country calls for its greatest efforts. Our enemy is + powerful in men and in money, on the land and on the water. + Availing himself of fortuitous advantages, he is aiming with + his undivided force a deadly blow at our growing prosperity, + perhaps at our national existence. He has avowed his purpose + of trampling on the usages of civilized warfare, and given + earnests of it in the plunder and wanton destruction of + private property. In his pride of maritime dominion and in + his thirst of commercial monopoly he strikes with peculiar + animosity at the progress of our navigation and of our + manufactures. His barbarous policy has not even spared those + monuments of the arts and models of taste with which our + country had enriched and embellished its infant metropolis. + From such an adversary hostility in its greatest force and in + its worst forms may be looked for. The American people will + face it with the undaunted spirit which in their + revolutionary struggle defeated his unrighteous projects. His + threats and his barbarities, instead of dismay, will kindle + in every bosom an indignation not to be extinguished but in + the disaster and expulsion of such cruel invaders. In + providing the means necessary the National Legislature will + not distrust the heroic and enlightened patriotism of its + constituents. They will cheerfully and proudly bear every + burden of every kind which the safety and honor of the nation + demand. We have seen them everywhere paying their taxes, + direct and indirect, with the greatest promptness and + alacrity. We see them rushing with enthusiasm to the scenes + where danger and duty call. In offering their blood they give + the surest pledge that no other tribute will be withheld. + </p> + <p> + Having forborne to declare war until to other aggressions had + been added the capture of nearly a thousand American vessels + and the impressment of thousands of American seafaring + citizens, and until a final declaration had been made by the + Government of Great Britain that her hostile orders against + our commerce would not be revoked but on conditions as + impossible as unjust, whilst it was known that these orders + would not otherwise cease but with a war which had lasted + nearly twenty years, and which, according to appearances at + that time, might last as many more; having manifested on + every occasion and in every proper mode a sincere desire to + arrest the effusion of blood and meet our enemy on the ground + of justice and reconciliation, our beloved country, in still + opposing to his persevering hostility all its energies, with + an undiminished disposition toward peace and friendship on + honorable terms, must carry with it the good wishes of the + impartial world and the best hopes of support from an + omnipotent and kind Providence. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + SEPTEMBER 26, 1814. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress, for their information, copies of a + letter from Admiral Cochrane, commanding His Britannic + Majesty's naval forces on the American station, to the + Secretary of State, with his answer, and of a reply from + Admiral Cochrane. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>October 10, 1814</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress communications just received from the + plenipotentiaries of the United States charged with + negotiating peace with Great Britain, showing the conditions + on which alone that Government is willing to put an end to + the war. + </p> + <p> + The instructions to those plenipotentiaries, disclosing the + grounds on which they were authorized to negotiate and + conclude a treaty of peace, will be the subject of another + communication. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>October 13, 1814</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now transmit to Congress copies of the instructions to the + plenipotentiaries of the United States charged with + negotiating a peace with Great Britain, as referred to in my + message of the 10th instant. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 1, 1814. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit, for the information of Congress, the + communications last received from the ministers extraordinary + and plenipotentiary of the United States at Ghent, explaining + the course and actual state of their negotiations with the + plenipotentiaries of Great Britain. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 15, 1815. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I have received from the American commissioners a treaty of + peace and amity between His Britannic Majesty and the United + States of America, signed by those commissioners and by the + commissioners of His Britannic Majesty at Ghent on the 24th + of December, 1814. The termination of hostilities depends + upon the time of the ratification of the treaty by both + parties. I lose no time, therefore, in submitting the treaty + to the Senate for their advice and approbation. + </p> + <p> + I transmit also a letter from the American commissioners, + which accompanied the treaty. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 18, 1815</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress copies of the treaty of peace and amity + between the United States and His Britannic Majesty, which + was signed by the commissioners of both parties at Ghent on + the 24th of December, 1814, and the ratifications of which + have been duly exchanged. + </p> + <p> + While performing this act I congratulate you and our + constituents upon an event which is highly honorable to the + nation, and terminates with peculiar felicity a campaign + signalized by the most brilliant successes. + </p> + <p> + The late war, although reluctantly declared by Congress, had + become a necessary resort to assert the rights and + independence of the nation. It has been waged with a success + which is the natural result of the wisdom of the legislative + councils, of the patriotism of the people, of the public + spirit of the militia, and of the valor of the military and + naval forces of the country. Peace, at all times a blessing, + is peculiarly welcome, therefore, at a period when the causes + for the war have ceased to operate, when the Government has + demonstrated the efficiency of its powers of defense, and + when the nation can review its conduct without regret and + without reproach. + </p> + <p> + I recommend to your care and beneficence the gallant men + whose achievements in every department of the military + service, on the land and on the water, have so essentially + contributed to the honor of the American name and to the + restoration of peace. The feelings of conscious patriotism + and worth will animate such men under every change of fortune + and pursuit, but their country performs a duty to itself when + it bestows those testimonials of approbation and applause + which are at once the reward and the incentive to great + actions. + </p> + <p> + The reduction of the public expenditures to the demands of a + peace establishment will doubtless engage the immediate + attention of Congress. There are, however, important + considerations which forbid a sudden and general revocation + of the measures that have been produced by the war. + Experience has taught us that neither the pacific + dispositions of the American people nor the pacific character + of their political institutions can altogether exempt them + from that strife which appears beyond the ordinary lot of + nations to be incident to the actual period of the world, and + the same faithful monitor demonstrates that a certain degree + of preparation for war is not only indispensable to avert + disasters in the onset, but affords also the best security + for the continuance of peace. The wisdom of Congress will + therefore, I am confident, provide for the maintenance of an + adequate regular force; for the gradual advancement of the + naval establishment; for improving all the means of harbor + defense; for adding discipline to the distinguished bravery + of the militia, and for cultivating the military art in its + essential branches, under the liberal patronage of + Government. + </p> + <p> + The resources of our country were at all times competent to + the attainment of every national object, but they will now be + enriched and invigorated by the activity which peace will + introduce into all the scenes of domestic enterprise and + labor. The provision that has been made for the public + creditors during the present session of Congress must have a + decisive effect in the establishment of the public credit + both at home and abroad. The reviving interests of commerce + will claim the legislative attention at the earliest + opportunity, and such regulations will, I trust, be + seasonably devised as shall secure to the United States their + just proportion of the navigation of the world. The most + liberal policy toward other nations, if met by corresponding + dispositions, will in this respect be found the most + beneficial policy toward ourselves. But there is no subject + that can enter with greater force and merit into the + deliberations of Congress than a consideration of the means + to preserve and promote the manufactures which have sprung + into existence and attained an unparalleled maturity + throughout the United States during the period of the + European wars. This source of national independence and + wealth I anxiously recommend, therefore, to the prompt and + constant guardianship of Congress. + </p> + <p> + The termination of the legislative sessions will soon + separate you, fellow citizens, from each other, and restore + you to your constituents. I pray you to bear with you the + expressions of my sanguine hope that the peace which has been + just declared will not only be the foundation of the most + friendly intercourse between the United States and Great + Britain, but that it will also be productive of happiness and + harmony in every section of our beloved country. The + influence of your precepts and example must be everywhere + powerful, and while we accord in grateful acknowledgments for + the protection which Providence has bestowed upon us, let us + never cease to inculcate obedience to the laws and fidelity + to the Union as constituting the palladium of the national + independence and prosperity. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 22, 1815</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress copies of two ratified treaties which + were entered into on the part of the United States, one on + the 22d day of July, 1814, with the several tribes of Indians + called the Wyandots, Delawares, Shawanees, Senakas, and + Miamies; the other on the 9th day of August, 1814, with the + Creek Nation of Indians. + </p> + <p> + It is referred to the consideration of Congress how far + legislative provisions may be necessary for carrying any part + of these stipulations into effect. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 23, 1815</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Congress will have seen by the communication from the + consul-general of the United States at Algiers laid before + them on the 17th of November, 1812, the hostile proceedings + of the Dey against that functionary. These have been followed + by acts of more overt and direct warfare against the citizens + of the United States trading in the Mediterranean, some of + whom are still detained in captivity, notwithstanding the + attempts which have been made to ransom them, and are treated + with the rigor usual on the coast of Barbary. + </p> + <p> + The considerations which rendered it unnecessary and + unimportant to commence hostile operations on the part of the + United States being now terminated by the peace with Great + Britain, which opens the prospect of an active and valuable + trade of their citizens within the range of the Algerine + cruisers, I recommend to Congress the expediency of an act + declaring the existence of a state of war between the United + States and the Dey and Regency of Algiers, and of such + provisions as may be requisite for a vigorous prosecution of + it to a successful issue. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 25, 1815</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Peace having happily taken place between the United States + and Great Britain, it is desirable to guard against incidents + which during periods of war in Europe might tend to interrupt + it, and it is believed in particular that the navigation of + American vessels exclusively by American seamen, either + natives or such as are already naturalized, would not only + conduce to the attainment of that object, but also to + increase the number of our seamen, and consequently to render + our commerce and navigation independent of the service of + foreigners who might be recalled by their governments under + circumstances the most inconvenient to the United States. I + recommend the subject, therefore, to the consideration of + Congress, and in deciding upon it I am persuaded that they + will sufficiently estimate the policy of manifesting to the + world a desire on all occasions to cultivate harmony with + other nations by any reasonable accommodations which do not + impair the enjoyment of any of the essential rights of a free + and independent people. The example on the part of the + American Government will merit and may be expected to receive + a reciprocal attention from all the friendly powers of + Europe. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + VETO MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>January 30, 1815</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Having bestowed on the bill entitled "An act to incorporate + the subscribers to the Bank of the United States of America" + that full consideration which is due to the great importance + of the subject, and dictated by the respect which I feel for + the two Houses of Congress, I am constrained by a deep and + solemn conviction that the bill ought not to become a law to + return it to the Senate, in which it originated, with my + objections to the same. + </p> + <p> + Waiving the question of the constitutional authority of the + Legislature to establish an incorporated bank as being + precluded in my judgment by repeated recognitions under + varied circumstances of the validity of such an institution + in acts of the legislative, executive, and judicial branches + of the Government, accompanied by indications, in different + modes, of a concurrence of the general will of the nation, + the proposed bank does not appear to be calculated to answer + the purposes of reviving the public credit, of providing a + national medium of circulation, and of aiding the Treasury by + facilitating the indispensable anticipations of the revenue + and by affording to the public more durable loans. + </p> + <p> + 1. The capital of the bank is to be compounded of specie, of + public stock, and of Treasury notes convertible into stock, + with a certain proportion of each of which every subscriber + is to furnish himself. + </p> + <p> + The amount of the stock to be subscribed will not, it is + believed, be sufficient to produce in favor of the public + credit any considerable or lasting elevation of the market + price, whilst this may be occasionally depressed by the bank + itself if it should carry into the market the allowed + proportion of its capital consisting of public stock in order + to procure specie, which it may find its account in procuring + with some sacrifice on that part of its capital. + </p> + <p> + Nor will any adequate advantage arise to the public credit + from the subscription of Treasury notes. The actual issue of + these notes nearly equals at present, and will soon exceed, + the amount to be subscribed to the bank. The direct effect of + this operation is simply to convert fifteen millions of + Treasury notes into fifteen millions of 6 per cent stock, + with the collateral effect of promoting an additional demand + for Treasury notes beyond what might otherwise be negotiable. + </p> + <p> + Public credit might indeed be expected to derive advantage + from the establishment of a national bank, without regard to + the formation of its capital, if the full aid and cooperation + of the institution were secured to the Government during the + war and during the period of its fiscal embarrassments. But + the bank proposed will be free from all legal obligation to + cooperate with the public measures, and whatever might be the + patriotic disposition of its directors to contribute to the + removal of those embarrassments, and to invigorate the + prosecution of the war, fidelity to the pecuniary and general + interest of the institution according to their estimate of it + might oblige them to decline a connection of their operations + with those of the National Treasury during the continuance of + the war and the difficulties incident to it. Temporary + sacrifices of interest, though overbalanced by the future and + permanent profits of the charter, not being requirable of + right in behalf of the public, might not be gratuitously + made, and the bank would reap the full benefit of the grant, + whilst the public would lose the equivalent expected from it; + for it must be kept in view that the sole inducement to such + a grant on the part of the public would be the prospect of + substantial aids to its pecuniary means at the present crisis + and during the sequel of the war. It is evident that the + stock of the bank will on the return of peace, if not sooner, + rise in the market to a value which, if the bank were + established in a period of peace, would authorize and obtain + for the public a bonus to a very large amount. In lieu of + such a bonus the Government is fairly entitled to and ought + not to relinquish or risk the needful services of the bank + under the pressing circumstances of war. + </p> + <p> + 2. The bank as proposed to be constituted can not be relied + on during the war to provide a circulating medium nor to + furnish loans or anticipations of the public revenue. + </p> + <p> + Without a medium the taxes can not be collected, and in the + absence of specie the medium understood to be the best + substitute is that of notes issued by a national bank. The + proposed bank will commence and conduct its operations under + an obligation to pay its notes in specie, or be subject to + the loss of its charter. Without such an obligation the notes + of the bank, though not exchangeable for specie, yet resting + on good pledges and performing the uses of specie in the + payment of taxes and in other public transactions, would, as + experience has ascertained, qualify the bank to supply at + once a circulating medium and pecuniary aids to the + Government. Under the fetters imposed by the bill it is + manifest that during the actual state of things, and probably + during the war, the period particularly requiring such a + medium and such a resource for loans and advances to the + Government, notes for which the bank would be compellable to + give specie in exchange could not be kept in circulation. The + most the bank could effect, and the most it could be expected + to aim at, would be to keep the institution alive by limited + and local transactions which, with the interest on the public + stock in the bank, might yield a dividend sufficient for the + purpose until a change from war to peace should enable it, by + a flow of specie into its vaults and a removal of the + external demand for it, to derive its contemplated emoluments + from a safe and full extension of its operations. + </p> + <p> + On the whole, when it is considered that the proposed + establishment will enjoy a monopoly of the profits of a + national bank for a period of twenty years; that the + monopolized profits will be continually growing with the + progress of the national population and wealth; that the + nation will during the same period be dependent on the notes + of the bank for that species of circulating medium whenever + the precious metals may be wanted, and at all times for so + much thereof as may be an eligible substitute for a specie + medium, and that the extensive employment of the notes in the + collection of the augmented taxes will, moreover, enable the + bank greatly to extend its profitable issues of them without + the expense of specie capital to support their circulation, + it is as reasonable as it is requisite that the Government, + in return for these extraordinary concessions to the bank, + should have a greater security for attaining the public + objects of the institution than is presented in the bill, and + particularly for every practicable accommodation, both in the + temporary advances necessary to anticipate the taxes and in + those more durable loans which are equally necessary to + diminish the resort to taxes. + </p> + <p> + In discharging this painful duty of stating objections to a + measure which has undergone the deliberations and received + the sanction of the two Houses of the National Legislature I + console myself with the reflection that if they have not the + weight which I attach to them they can be constitutionally + overruled, and with a confidence that in a contrary event the + wisdom of Congress will hasten to substitute a more + commensurate and certain provision for the public exigencies. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + The two Houses of the National Legislature having by a joint + resolution expressed their desire that in the present time of + public calamity and war a day may be recommended to be + observed by the people of the United States as a day of + public humiliation and fasting and of prayer to Almighty God + for the safety and welfare of these States, His blessing on + their arms, and a speedy restoration of peace, I have deemed + it proper by this proclamation to recommend that Thursday, + the 12th of January next, be set apart as a day on which all + may have an opportunity of voluntarily offering at the same + time in their respective religious assemblies their humble + adoration to the Great Sovereign of the Universe, of + confessing their sins and transgressions, and of + strengthening their vows of repentance and amendment. They + will be invited by the same solemn occasion to call to mind + the distinguished favors conferred on the American people in + the general health which has been enjoyed, in the abundant + fruits of the season, in the progress of the arts + instrumental to their comfort, their prosperity, and their + security, and in the victories which have so powerfully + contributed to the defense and protection of our country, a + devout thankfulness for all which ought to be mingled with + their supplications to the Beneficent Parent of the Human + Race that He would be graciously pleased to pardon all their + offenses against Him; to support and animate them in the + discharge of their respective duties; to continue to them the + precious advantages flowing from political institutions so + auspicious to their safety against dangers from abroad, to + their tranquillity at home, and to their liberties, civil and + religious; and that He would in a special manner preside over + the nation in its public councils and constituted + authorities, giving wisdom to its measures and success to its + arms in maintaining its rights and in overcoming all hostile + designs and attempts against it; and, finally, that by + inspiring the enemy with dispositions favorable to a just and + reasonable peace its blessings may be speedily and happily + restored. + </p> + <p> + [SEAL.] + </p> + <p> + Given at the city of Washington, the 16th day of November, + 1814, and of the Independence of the United States the + thirty-eighth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Among the many evils produced by the wars which with little + intermission have afflicted Europe and extended their ravages + into other quarters of the globe for a period exceeding + twenty years, the dispersion or a considerable portion of the + inhabitants of different countries in sorrow and in want has + not been the least injurious to human happiness nor the least + severe in the trial of human virtue. + </p> + <p> + It had been long ascertained that many foreigners, flying + from the dangers of their own home, and that some citizens, + forgetful of their duty, had cooperated in forming an + establishment on the island of Barrataria, near the mouth of + the river Mississippi, for the purposes of a clandestine and + lawless trade. The Government of the United States caused the + establishment to be broken up and destroyed, and having + obtained the means of designating the offenders of every + description, it only remained to answer the demands of + justice by inflicting an exemplary punishment. + </p> + <p> + But it has since been represented that the offenders have + manifested a sincere penitence; that they have abandoned the + prosecution of the worse cause for the support of the best, + and particularly that they have exhibited in the defense of + New Orleans unequivocal traits of courage and fidelity. + Offenders who have refused to become the associates of the + enemy in the war upon the most seducing terms of invitation + and who have aided to repel his hostile invasion of the + territory of the United States can no longer be considered as + objects of punishment, but as objects of a generous + forgiveness. + </p> + <p> + It has therefore been seen with great satisfaction that the + general assembly of the State of Louisiana earnestly + recommend those offenders to the benefit of a full pardon. + </p> + <p> + And in compliance with that recommendation, as well as in + consideration of all the other extraordinary circumstances of + the case, I, James Madison, President of the United States of + America, do issue this proclamation, hereby granting, + publishing, and declaring a free and full pardon of all + offenses committed in violation of any act or acts of the + Congress of the said United States touching the revenue, + trade, and navigation thereof or touching the intercourse and + commerce of the United States with foreign nations at any + time before the 8th day of January, in the present year 1815, + by any person or persons whomsoever being inhabitants of New + Orleans and the adjacent country or being inhabitants of the + said island of Barrataria and the places adjacent: + <i>Provided</i>, That every person claiming the benefit of + this full pardon in order to entitle himself thereto shall + produce a certificate in writing from the governor of the + State of Louisiana stating that such person has aided in the + defense of New Orleans and the adjacent country during the + invasion thereof as aforesaid. + </p> + <p> + And I do hereby further authorize and direct all suits, + indictments, and prosecutions for fines, penalties, and + forfeitures against any person or persons who shall be + entitled to the benefit of this full pardon forthwith to be + stayed, discontinued, and released; and all civil officers + are hereby required, according to the duties of their + respective stations, to carry this proclamation into + immediate and faithful execution. + </p> + <p> + [SEAL.] + </p> + <p> + Done at the city of Washington, the 6th day of February, in + the year 1815, and of the Independence of the United States + the thirty-ninth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + JAMES MONROE,<br> + <i>Acting as Secretary of State</i>. + </p> + <p> + + </p> + <center> + [From Niles's Weekly Register, vol. 7, p. 397.] + </center> + <h3> + JAMES MADISON, PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <p> + <i>To all and singular to whom these presents shall come, + greeting</i>: + </p> + <p> + Whereas a treaty of peace and amity between the United States + of America and His Britannic Majesty was signed at Ghent on + the 24th day of December, 1814, by the plenipotentiaries + respectively appointed for that purpose; and the said treaty + having been, by and with the advice and consent of the Senate + of the United States, duly accepted, ratified, and confirmed + on the 17th day of February, 1815, and ratified copies + thereof having been exchanged agreeably to the tenor of the + said treaty, which is in the words following, to wit: + </p> + <center> + [Here follows the treaty.] + </center> + <p> + Now, therefore, to the end that the said treaty of peace and + amity may be observed with good faith on the part of the + United States, I, James Madison, President as aforesaid, have + caused the premises to be made public; and I do hereby enjoin + all persons bearing office, civil or military, within the + United States and all others citizens or inhabitants thereof + or being within the same faithfully to observe and fulfill + the said treaty and every clause and article thereof. + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be affixed to these presents, and signed the same + with my hand. + </p> + <p> + [SEAL.] + </p> + <p> + Done at the city of Washington, this 18th day of February, + A.D. 1815, and of the Sovereignty and Independence of the + United States the thirty-ninth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + JAMES MONROE,<br> + <i>Acting Secretary of State</i>. + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + The Senate and House of Representatives of the United States + have by a joint resolution signified their desire that a day + may be recommended to be observed by the people of the United + States with religious solemnity as a day of thanksgiving and + of devout acknowledgments to Almighty God for His great + goodness manifested in restoring to them the blessing of + peace. + </p> + <p> + No people ought to feel greater obligations to celebrate the + goodness of the Great Disposer of Events and of the Destiny + of Nations than the people of the United States. His kind + providence originally conducted them to one of the best + portions of the dwelling place allotted for the great family + of the human race. He protected and cherished them under all + the difficulties and trials to which they were exposed in + their early days. Under His fostering care their habits, + their sentiments, and their pursuits prepared them for a + transition in due time to a state of independence and + self-government. In the arduous struggle by which it was + attained they were distinguished by multiplied tokens of His + benign interposition. During the interval which succeeded He + reared them into the strength and endowed them with the + resources which have enabled them to assert their national + rights and to enhance their national character in another + arduous conflict, which is now so happily terminated by a + peace and reconciliation with those who have been our + enemies. And to the same Divine Author of Every Good and + Perfect Gift we are indebted for all those privileges and + advantages, religious as well as civil, which are so richly + enjoyed in this favored land. + </p> + <p> + It is for blessings such as these, and more especially for + the restoration of the blessing of peace, that I now + recommend that the second Thursday in April next be set apart + as a day on which the people of every religious denomination + may in their solemn assemblies unite their hearts and their + voices in a freewill offering to their Heavenly Benefactor of + their homage of thanksgiving and of their songs of praise. + </p> + <p> + [SEAL.] + </p> + <p> + Given at the city of Washington on the 4th day of March, A.D. + 1815, and of the Independence of the United States the + thirty-ninth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas information has been received that sundry persons + citizens of the United States or residents within the same, + and especially within the State of Louisiana, are conspiring + together to begin and set on foot, provide, and prepare the + means for a military expedition or enterprise against the + dominions of Spain, with which the United States are happily + at peace; that for this purpose they are collecting arms, + military stores, provisions, vessels, and other means; are + deceiving and seducing honest and well-meaning citizens to + engage in their unlawful enterprises; are organizing, + officering, and arming themselves for the same contrary to + the laws in such cases made and provided: + </p> + <p> + I have therefore thought fit to issue this my proclamation, + warning and enjoining all faithful citizens who have been led + without due knowledge or consideration to participate in the + said unlawful enterprises to withdraw from the same without + delay, and commanding all persons whatsoever engaged or + concerned in the same to cease all further proceedings + therein, as they will answer the contrary at their peril. And + I hereby enjoin and require all officers, civil and military, + of the United States or of any of the States or Territories, + all judges, justices, and other officers of the peace, all + military officers of the Army or Navy of the United States, + and officers of the militia, to be vigilant, each within his + respective department and according to his functions, in + searching out and bringing to punishment all persons engaged + or concerned in such enterprises, in seizing and detaining, + subject to the disposition of the law, all arms, military + stores, vessels, or other means provided or providing for the + same, and, in general, in preventing the carrying on such + expedition or enterprise by all the lawful means within their + power. And I require all good and faithful citizens and + others within the United States to be aiding and assisting + herein, and especially in the discovery, apprehension, and + bringing to justice of all such offenders, in preventing the + execution of their unlawful combinations or designs, and in + giving information against them to the proper authorities. + </p> + <p> + In testimony whereof I have caused the seal of the United + States of America to be affixed to these presents, and signed + the same with my hand. + </p> + <p> + [SEAL.] + </p> + <p> + Done at the city of Washington, the 1st day of September, + A.D. 1815, and of the Independence of the said United States + of America the fortieth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SEVENTH ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 5, 1815</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + I have the satisfaction on our present meeting of being able + to communicate to you the successful termination of the war + which had been commenced against the United States by the + Regency of Algiers. The squadron in advance on that service, + under Commodore Decatur, lost not a moment after its arrival + in the Mediterranean in seeking the naval force of the enemy + then cruising in that sea, and succeeded in capturing two of + his ships, one of them the principal ship, commanded by the + Algerine admiral. The high character of the American + commander was brilliantly sustained on the occasion which + brought his own ship into close action with that of his + adversary, as was the accustomed gallantry of all the + officers and men actually engaged. Having prepared the way by + this demonstration of American skill and prowess, he hastened + to the port of Algiers, where peace was promptly yielded to + his victorious force. In the terms stipulated the rights and + honor of the United States were particularly consulted by a + perpetual relinquishment on the part of the Dey of all + pretensions to tribute from them. The impressions which have + thus been made, strengthened as they will have been by + subsequent transactions with the Regencies of Tunis and of + Tripoli by the appearance of the larger force which followed + under Commodore Bainbridge, the chief in command of the + expedition, and by the judicious precautionary arrangements + left by him in that quarter, afford a reasonable prospect of + future security for the valuable portion of our commerce + which passes within reach of the Barbary cruisers. + </p> + <p> + It is another source of satisfaction that the treaty of peace + with Great Britain has been succeeded by a convention on the + subject of commerce concluded by the plenipotentiaries of the + two countries. In this result a disposition is manifested on + the part of that nation corresponding with the disposition of + the United States, which it may be hoped will be improved + into liberal arrangements on other subjects on which the + parties have mutual interests, or which might endanger their + future harmony. Congress will decide on the expediency of + promoting such a sequel by giving effect to the measure of + confining the American navigation to American seamen—a + measure which, at the same time that it might have that + conciliatory tendency, would have the further advantage of + increasing the independence of our navigation and the + resources for our maritime defense. + </p> + <p> + In conformity with the articles in the treaty of Ghent + relating to the Indians, as well as with a view to the + tranquillity of our western and northwestern frontiers, + measures were taken to establish an immediate peace with the + several tribes who had been engaged in hostilities against + the United States. Such of them as were invited to Detroit + acceded readily to a renewal of the former treaties of + friendship. Of the other tribes who were invited to a station + on the Mississippi the greater number have also accepted the + peace offered to them. The residue, consisting of the more + distant tribes or parts of tribes, remain to be brought over + by further explanations, or by such other means as may be + adapted to the dispositions they may finally disclose. + </p> + <p> + The Indian tribes within and bordering on the southern + frontier, whom a cruel war on their part had compelled us to + chastise into peace, have latterly shown a restlessness which + has called for preparatory measures for repressing it, and + for protecting the commissioners engaged in carrying the + terms of the peace into execution. + </p> + <p> + The execution of the act for fixing the military peace + establishment has been attended with difficulties which even + now can only be overcome by legislative aid. The selection of + officers, the payment and discharge of the troops enlisted + for the war, the payment of the retained troops and their + reunion from detached and distant stations, the collection + and security of the public property in the Quartermaster, + Commissary, and Ordnance departments, and the constant + medical assistance required in hospitals and garrisons + rendered a complete execution of the act impracticable on the + 1st of May, the period more immediately contemplated. As + soon, however, as circumstances would permit, and as far as + it has been practicable consistently with the public + interests, the reduction of the Army has been accomplished; + but the appropriations for its pay and for other branches of + the military service having proved inadequate, the earliest + attention to that subject will be necessary; and the + expediency of continuing upon the peace establishment the + staff officers who have hitherto been provisionally retained + is also recommended to the consideration of Congress. + </p> + <p> + In the performance of the Executive duty upon this occasion + there has not been wanting a just sensibility to the merits + of the American Army during the late war; but the obvious + policy and design in fixing an efficient military peace + establishment did not afford an opportunity to distinguish + the aged and infirm on account of their past services nor the + wounded and disabled on account of their present sufferings. + The extent of the reduction, indeed, unavoidably involved the + exclusion of many meritorious officers of every rank from the + service of their country; and so equal as well as so numerous + were the claims to attention that a decision by the standard + of comparative merit could seldom be attained. Judged, + however, in candor by a general standard of positive merit, + the Army Register will, it is believed, do honor to the + establishment, while the case of those officers whose names + are not included in it devolves with the strongest interest + upon the legislative authority for such provision as shall be + deemed the best calculated to give support and solace to the + veteran and the invalid, to display the beneficence as well + as the justice of the Government, and to inspire a martial + zeal for the public service upon every future emergency. + </p> + <p> + Although the embarrassments arising from the want of an + uniform national currency have not been diminished since the + adjournment of Congress, great satisfaction has been derived + in contemplating the revival of the public credit and the + efficiency of the public resources. The receipts into the + Treasury from the various branches of revenue during the nine + months ending on the 30th of September last have been + estimated at $12,500,000; the issues of Treasury notes of + every denomination during the same period amounted to the sum + of $14,000,000, and there was also obtained upon loan during + the same period a sum of $9,000,000 of which the sum of + $6,000,000 was subscribed in cash and the sum of $3,000,000 + in Treasury notes. With these means, added to the sum of + $1,500,000, being the balance of money in the Treasury on the + 1st day of January, there has been paid between the 1st of + January and the 1st of October on account of the + appropriations of the preceding and of the present year + (exclusively of the amount of the Treasury notes subscribed + to the loan and of the amount redeemed in the payment of + duties and taxes) the aggregate sum of $33,500,000, leaving a + balance then in the Treasury estimated at the sum of + $3,000,000. Independent, however, of the arrearages due for + military services and supplies, it is presumed that a further + sum of $5,000,000, including the interest on the public debt + payable on the 1st of January next, will be demanded at the + Treasury to complete the expenditures of the present year, + and for which the existing ways and means will sufficiently + provide. + </p> + <p> + The national debt, as it was ascertained on the 1st of + October last, amounted in the whole to the sum of + $120,000,000, consisting of the unredeemed balance of the + debt contracted before the late war ($39,000,000), the amount + of the funded debt contracted in consequence of the war + ($64,000,000), and the amount of the unfunded and floating + debt, including the various issues of Treasury notes, + $17,000,000, which is in a gradual course of payment. There + will probably be some addition to the public debt upon the + liquidation of various claims which are depending, and a + conciliatory disposition on the part of Congress may lead + honorably and advantageously to an equitable arrangement of + the militia expenses incurred by the several States without + the previous sanction or authority of the Government of the + United States; but when it is considered that the new as well + as the old portion of the debt has been contracted in the + assertion of the national rights and independence, and when + it is recollected that the public expenditures, not being + exclusively bestowed upon subjects of a transient nature, + will long be visible in the number and equipments of the + American Navy, in the military works for the defense of our + harbors and our frontiers, and in the supplies of our + arsenals and magazines the amount will bear a gratifying + comparison with the objects which have been attained, as well + as with the resources of the country. + </p> + <p> + The arrangements of the finances with a view to the receipts + and expenditures of a permanent peace establishment will + necessarily enter into the deliberations of Congress during + the present session. It is true that the improved condition + of the public revenue will not only afford the means of + maintaining the faith of the Government with its creditors + inviolate, and of prosecuting successfully the measures of + the most liberal policy, but will also justify an immediate + alleviation of the burdens imposed by the necessities of the + war. It is, however, essential to every modification of the + finances that the benefits of an uniform national currency + should be restored to the community. The absence of the + precious metals will, it is believed, be a temporary evil, + but until they can again be rendered the general medium of + exchange it devolves on the wisdom of Congress to provide a + substitute which shall equally engage the confidence and + accommodate the wants of the citizens throughout the Union. + If the operation of the State banks can not produce this + result, the probable operation of a national bank will merit + consideration; and if neither of these expedients be deemed + effectual it may become necessary to ascertain the terms upon + which the notes of the Government (no longer required as an + instrument of credit) shall be issued upon motives of general + policy as a common medium of circulation. + </p> + <p> + Notwithstanding the security for future repose which the + United States ought to find in their love of peace and their + constant respect for the rights of other nations, the + character of the times particularly inculcates the lesson + that, whether to prevent or repel danger, we ought not to be + unprepared for it. This consideration will sufficiently + recommend to Congress a liberal provision for the immediate + extension and gradual completion of the works of defense, + both fixed and floating, on our maritime frontier, and an + adequate provision for guarding our inland frontier against + dangers to which certain portions of it may continue to be + exposed. + </p> + <p> + As an improvement in our military establishment, it will + deserve the consideration of Congress whether a corps of + invalids might not be so organized and employed as at once to + aid in the support of meritorious individuals excluded by age + or infirmities from the existing establishment, and to + procure to the public the benefit of their stationary + services and of their exemplary discipline. I recommend also + an enlargement of the Military Academy already established, + and the establishment of others in other sections of the + Union; and I can not press too much on the attention of + Congress such a classification and organization of the + militia as will most effectually render it the safeguard of a + free state. If experience has shewn in the recent splendid + achievements of militia the value of this resource for the + public defense, it has shewn also the importance of that + skill in the use of arms and that familiarity with the + essential rules of discipline which can not be expected from + the regulations now in force. With this subject is intimately + connected the necessity of accommodating the laws in every + respect to the great object of enabling the political + authority of the Union to employ promptly and effectually the + physical power of the Union in the cases designated by the + Constitution. + </p> + <p> + The signal services which have been rendered by our Navy and + the capacities it has developed for successful cooperation in + the national defense will give to that portion of the public + force its full value in the eyes of Congress, at an epoch + which calls for the constant vigilance of all governments. To + preserve the ships now in a sound state, to complete those + already contemplated, to provide amply the imperishable + materials for prompt augmentations, and to improve the + existing arrangements into more advantageous establishments + for the construction, the repairs, and the security of + vessels of war is dictated by the soundest policy. + </p> + <p> + In adjusting the duties on imports to the object of revenue + the influence of the tariff on manufactures will necessarily + present itself for consideration. However wise the theory may + be which leaves to the sagacity and interest of individuals + the application of their industry and resources, there are in + this as in other cases exceptions to the general rule. + Besides the condition which the theory itself implies of a + reciprocal adoption by other nations, experience teaches that + so many circumstances must concur in introducing and maturing + manufacturing establishments, especially of the more + complicated kinds, that a country may remain long without + them, although sufficiently advanced and in some respects + even peculiarly fitted for carrying them on with success. + Under circumstances giving a powerful impulse to + manufacturing industry it has made among us a progress and + exhibited an efficiency which justify the belief that with a + protection not more than is due to the enterprising citizens + whose interests are now at stake it will become at an early + day not only safe against occasional competitions from + abroad, but a source of domestic wealth and even of external + commerce. In selecting the branches more especially entitled + to the public patronage a preference is obviously claimed by + such as will relieve the United States from a dependence on + foreign supplies, ever subject to casual failures, for + articles necessary for the public defense or connected with + the primary wants of individuals. It will be an additional + recommendation of particular manufactures where the materials + for them are extensively drawn from our agriculture, and + consequently impart and insure to that great fund of national + prosperity and independence an encouragement which can not + fail to be rewarded. + </p> + <p> + Among the means of advancing the public interest the occasion + is a proper one for recalling the attention of Congress to + the great importance of establishing throughout our country + the roads and canals which can best be executed under the + national authority. No objects within the circle of political + economy so richly repay the expense bestowed on them; there + are none the utility of which is more universally ascertained + and acknowledged; none that do more honor to the governments + whose wise and enlarged patriotism duly appreciates them. Nor + is there any country which presents a field where nature + invites more the art of man to complete her own work for his + accommodation and benefit. These considerations are + strengthened, moreover, by the political effect of these + facilities for intercommunication in bringing and binding + more closely together the various parts of our extended + confederacy. Whilst the States individually, with a laudable + enterprise and emulation, avail themselves of their local + advantages by new roads, by navigable canals, and by + improving the streams susceptible of navigation, the General + Government is the more urged to similar undertakings, + requiring a national jurisdiction and national means, by the + prospect of thus systematically completing so inestimable a + work; and it is a happy reflection that any defect of + constitutional authority which may be encountered can be + supplied in a mode which the Constitution itself has + providently pointed out. + </p> + <p> + The present is a favorable season also for bringing again + into view the establishment of a national seminary of + learning within the District of Columbia, and with means + drawn from the property therein, subject to the authority of + the General Government. Such an institution claims the + patronage of Congress as a monument of their solicitude for + the advancement of knowledge, without which the blessings of + liberty can not be fully enjoyed or long preserved; as a + model instructive in the formation of other seminaries; as a + nursery of enlightened preceptors, and as a central resort of + youth and genius from every part of their country, diffusing + on their return examples of those national feelings, those + liberal sentiments, and those congenial manners which + contribute cement to our Union and strength to the great + political fabric of which that is the foundation. + </p> + <p> + In closing this communication I ought not to repress a + sensibility, in which you will unite, to the happy lot of our + country and to the goodness of a superintending Providence, + to which we are indebted for it. Whilst other portions of + mankind are laboring under the distresses of war or + struggling with adversity in other forms, the United States + are in the tranquil enjoyment of prosperous and honorable + peace. In reviewing the scenes through which it has been + attained we can rejoice in the proofs given that our + political institutions, founded in human rights and framed + for their preservation, are equal to the severest trials of + war, as well as adapted to the ordinary periods of repose. As + fruits of this experience and of the reputation acquired by + the American arms on the land and on the water, the nation + finds itself possessed of a growing respect abroad and of a + just confidence in itself, which are among the best pledges + for its peaceful career. Under other aspects of our country + the strongest features of its flourishing condition are seen + in a population rapidly increasing on a territory as + productive as it is extensive; in a general industry and + fertile ingenuity which find their ample rewards, and in an + affluent revenue which admits a reduction of the public + burdens without withdrawing the means of sustaining the + public credit, of gradually discharging the public debt, of + providing for the necessary defensive and precautionary + establishments, and of patronizing in every authorized mode + undertakings conducive to the aggregate wealth and individual + comfort of our citizens. + </p> + <p> + It remains for the guardians of the public welfare to + persevere in that justice and good will toward other nations + which invite a return of these sentiments toward the United + States; to cherish institutions which guarantee their safety + and their liberties, civil and religious; and to combine with + a liberal system of foreign commerce an improvement of the + national advantages and a protection and extension of the + independent resources of our highly favored and happy + country. + </p> + <p> + In all measures having such objects my faithful cooperation + will be afforded. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>December 6, 1815</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I lay before the Senate, for their consideration and advice + as to a ratification, a treaty of peace with the Dey of + Algiers concluded on the 30th day of June, 1815, with a + letter relating to the same from the American commissioners + to the Secretary of State. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 6, 1815. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I lay before the Senate, for their consideration and advice + as to a ratification, a convention to regulate the commerce + between the United States and Great Britain, signed by their + respective plenipotentiaries on the 3d of July last, with + letters relating to the same from the American + plenipotentiaries to the Secretary of State, and also the + declaration with which it is the intention of the British + Government to accompany the exchange of the ratification of + the convention. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 6, 1815</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I lay before the Senate, for their consideration and advice + as to a ratification, treaties which have been concluded with + the following Indian tribes, viz: Iaway tribe, Kickapoo + tribe, Poutawatamie, Siouxs of the Lakes, Piankeshaw tribe, + Siouxs of the River St. Peters, Great and Little Osage + tribes, Yancton tribe, Mahas, Fox tribe, Teeton, Sac Nation, + Kanzas tribe, Chippewa, Ottawa, Potawatamie, Shawanoe, + Wyandot, Miami, Delaware, and Seneca. + </p> + <p> + I communicate also the letters from the commissioners on the + part of the United States relating to their proceedings on + those occasions. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 11, 1815</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit the original of the convention between the United + States and Great Britain, as signed by their respective + plenipotentiaries, on the 3d day of July last, a copy of + which was laid before the Senate on the 5th instant. + </p> + <p> + I transmit also a copy of the late treaty of peace with + Algiers, as certified by one of the commissioners of the + United States, an office copy of which was laid before the + Senate on the 5th instant, the original of the treaty not + having been received. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 23, 1815. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress copies of a proclamation notifying the + convention concluded with Great Britain on the 3d day of July + last, and that the same has been duly ratified; and I + recommend to Congress such legislative provisions as the + convention may call for on the part of the United States. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 18, 1816. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The accompanying extract from the occurrences at Fort Jackson + in August, 1814, during the negotiation of a treaty with the + Indians shows that the friendly Creeks, wishing to give to + General Jackson, Benjamin Hawkins, and others a national mark + of their gratitude and regard, conveyed to them, + respectively, a donation of land, with a request that the + grant might be duly confirmed by the Government of the United + States. + </p> + <p> + Taking into consideration the peculiar circumstances of the + case, the expediency of indulging the Indians in wishes which + they associated with the treaty signed by them, and that the + case involves an inviting opportunity for bestowing on an + officer who has rendered such illustrious services to his + country a token of its sensibility to them, the inducement to + which can not be diminished by the delicacy and + disinterestedness of his proposal to transfer the benefit + from himself, I recommend to Congress that provision be made + for carrying into effect the wishes and request of the + Indians as expressed by them. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 6, 1816. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + It is represented that the lands in the Michigan Territory + designated by law toward satisfying land bounties promised + the soldiers of the late army are so covered with swamps and + lakes, or otherwise unfit for cultivation, that a very + inconsiderable proportion can be applied to the intended + grants. I recommend, therefore, that other lands be + designated by Congress for the purpose of supplying the + deficiency. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 5, 1816. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate of the 2d + instant, they are informed that great losses having been + sustained by citizens of the United States from unjust + seizures and confiscations of their property by the late + Government of Naples, it was deemed expedient that + indemnification should be claimed by a special mission for + that purpose. The occasion may be proper, also, for securing + the use and accommodations of the Neapolitan ports, which may + at any time be needed by the public ships of the United + States, and for obtaining relief for the American commerce + from the disadvantageous and unequal regulations now + operating against it in that Kingdom, + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 9, 1816. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress a statement of the militia of the + United States according to the latest returns received by the + Department of War. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 11, 1816. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + With a view to the more convenient arrangement of the + important and growing business connected with the grant of + exclusive rights to inventors and authors, I recommend the + establishment of a distinct office within the Department of + State to be charged therewith, under a director with a salary + adequate to his services, and with the privilege of franking + communications by mail from and to the office. I recommend + also that further restraints be imposed on the issue of + patents to wrongful claimants, and further guards provided + against fraudulent exactions of fees by persons possessed of + patents. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 16, 1816. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress copies of a convention concluded + between the United States and the Cherokee Indians on the 2d + day of March last, as the same has been duly ratified and + proclaimed; and I recommend that such provision be made by + Congress as the stipulations therein contained may require, + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 17, 1816. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + It being presumed that further information may have changed + the views of the Senate relative to the importance and + expediency of a mission to Naples for the purpose of + negotiating indemnities to our citizens for spoliations + committed by the Neapolitan Government, I nominate William + Pinkney, envoy extraordinary and minister plenipotentiary to + Russia, to be minister plenipotentiary to Naples, specially + charged with that trust. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas it has been represented that many uninformed or + evil-disposed persons have taken possession of or made a + settlement on the public lands of the United States which + have not been previously sold, ceded, or leased by the United + States, or the claim to which lands by such persons has not + been previously recognized or confirmed by the United States, + which possession or settlement is by the act of Congress + passed on the 3d day of March, 1807, expressly prohibited; + and + </p> + <p> + Whereas the due execution of the said act of Congress, as + well as the general interest, requires that such illegal + practices should be promptly repressed: + </p> + <p> + Now, therefore, I, James Madison, President of the United + States, have thought proper to issue my proclamation + commanding and strictly enjoining all persons who have + unlawfully taken possession of or made any settlement on the + public lands as aforesaid forthwith to remove therefrom; and + I do hereby further command and enjoin the marshal, or + officer acting as marshal, in any State or Territory where + such possession shall have been taken or settlement made to + remove, from and after the 10th day of March, 1816, all or + any of the said unlawful occupants; and to effect the said + service I do hereby authorize the employment of such military + force as may become necessary in pursuance of the provisions + of the act of Congress aforesaid, warning the offenders, + moreover, that they will be prosecuted in all such other ways + as the law directs. + </p> + <p> + In testimony whereof I have caused the seal of the United + States of America to be affixed to these presents, and signed + the same with my hand. + </p> + <p> + [SEAL.] + </p> + <p> + Done at the city of Washington, the 12th day of December, + A.D. 1815, and of the Independence of the said United States + of America the fortieth. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + JAMES MONROE,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <center> + [From Niles's Weekly Register, vol. 10, p. 208.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by the act entitled "An act granting bounties in land + and extra pay to certain Canadian volunteers," passed the 5th + March, 1816, it was enacted that the locations of the land + warrants of the said volunteers should "be subject to such + regulations as to priority of choice and manner of location + as the President of the United States shall direct:" + </p> + <p> + Wherefore I, James Madison, President of the United States, + in conformity with the provisions of the act before recited, + do hereby make known that the land warrants of the said + Canadian volunteers may be located agreeably to the said act + at the land offices at Vincennes or Jeffersonville, in the + Indiana Territory, on the first Monday in June next, with the + registers of the said land offices; that the warrantees may, + in person or by their attorneys or other legal + representatives, in the presence of the register and receiver + of the said land district, draw lots for the priority of + location; and that should any of the warrants not appear for + location on that day they may be located afterwards, + according to their priority of presentation, the locations in + the district of Vincennes to be made at Vincennes and the + locations in the district of Jeffersonville to be made at + Jeffersonville. + </p> + <p> + Given under my hand the 1st day of May, 1816. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + <br> + By the President:<br> + JOSIAH MEIGS,<br> + <i>Commissioner of the General Land Office</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + EIGHTH ANNUAL MESSAGE. + </h2> + <p class="r"> + DECEMBER 3, 1816. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + In reviewing the present state of our country, our attention + can not be withheld from the effect produced by peculiar + seasons which have very generally impaired the annual gifts + of the earth and threatened scarcity in particular districts. + Such, however, is the variety of soils, of climates, and of + products within our extensive limits that the aggregate + resources for subsistence are more than sufficient for the + aggregate wants. And as far as an economy of consumption, + more than usual, may be necessary, our thankfulness is due to + Providence for what is far more than a compensation, in the + remarkable health which has distinguished the present year. + </p> + <p> + Amidst the advantages which have succeeded the peace of + Europe, and that of the United States with Great Britain, in + a general invigoration of industry among us and in the + extension of our commerce, the value of which is more and + more disclosing itself to commercial nations, it is to be + regretted that a depression is experienced by particular + branches of our manufactures and by a portion of our + navigation. As the first proceeds in an essential degree from + an excess of imported merchandise, which carries a check in + its own tendency, the cause in its present extent can not be + of very long duration. The evil will not, however, be viewed + by Congress without a recollection that manufacturing + establishments, if suffered to sink too low or languish too + long, may not revive after the causes shall have ceased, and + that in the vicissitudes of human affairs situations may + recur in which a dependence on foreign sources for + indispensable supplies may be among the most serious + embarrassments. + </p> + <p> + The depressed state of our navigation is to be ascribed in a + material degree to its exclusion from the colonial ports of + the nation most extensively connected with us in commerce, + and from the indirect operation of that exclusion. + </p> + <p> + Previous to the late convention at London between the United + States and Great Britain the relative state of the navigation + laws of the two countries, growing out of the treaty of 1794, + had given to the British navigation a material advantage over + the American in the intercourse between the American ports + and British ports in Europe. The convention of London + equalized the laws of the two countries relating to those + ports, leaving the intercourse between our ports and the + ports of the British colonies subject, as before, to the + respective regulations of the parties. The British Government + enforcing now regulations which prohibit a trade between its + colonies and the United States in American vessels, whilst + they permit a trade in British vessels, the American + navigation loses accordingly, and the loss is augmented by + the advantage which is given to the British competition over + the American in the navigation between our ports and British + ports in Europe by the circuitous voyages enjoyed by the one + and not enjoyed by the other. + </p> + <p> + The reasonableness of the rule of reciprocity applied to one + branch of the commercial intercourse has been pressed on our + part as equally applicable to both branches; but it is + ascertained that the British cabinet declines all negotiation + on the subject, with a disavowal, however, of any disposition + to view in an unfriendly light whatever countervailing + regulations the United States may oppose to the regulations + of which they complain. The wisdom of the Legislature will + decide on the course which, under these circumstances, is + prescribed by a joint regard to the amicable relations + between the two nations and to the just interests of the + United States. + </p> + <p> + I have the satisfaction to state, generally, that we remain + in amity with foreign powers. + </p> + <p> + An occurrence has indeed taken place in the Gulf of Mexico + which, if sanctioned by the Spanish Government, may make an + exception as to that power. According to the report of our + naval commander on that station, one of our public armed + vessels was attacked by an overpowering force under a Spanish + commander, and the American flag, with the officers and crew, + insulted in a manner calling for prompt reparation. This has + been demanded. In the meantime a frigate and a smaller vessel + of war have been ordered into that Gulf for the protection of + our commerce. It would be improper to omit that the + representative of His Catholic Majesty in the United States + lost no time in giving the strongest assurances that no + hostile order could have emanated from his Government, and + that it will be as ready to do as to expect whatever the + nature of the case and the friendly relations of the two + countries shall be found to require. + </p> + <p> + The posture of our affairs with Algiers at the present moment + is not known. The Dey, drawing pretexts from circumstances + for which the United States were not answerable, addressed a + letter to this Government declaring the treaty last concluded + with him to have been annulled by our violation of it, and + presenting as the alternative war or a renewal of the former + treaty, which stipulated, among other things, an annual + tribute. The answer, with an explicit declaration that the + United States preferred war to tribute, required his + recognition and observance of the treaty last made, which + abolishes tribute and the slavery of our captured citizens. + The result of the answer has not been received. Should he + renew his warfare on our commerce, we rely on the protection + it will find in our naval force actually in the + Mediterranean. + </p> + <p> + With the other Barbary States our affairs have undergone no + change. + </p> + <p> + The Indian tribes within our limits appear also disposed to + remain at peace. From several of them purchases of lands have + been made particularly favorable to the wishes and security + of our frontier settlements, as well as to the general + interests of the nation. In some instances the titles, though + not supported by due proof, and clashing those of one tribe + with the claims of another, have been extinguished by double + purchases, the benevolent policy of the United States + preferring the augmented expense to the hazard of doing + injustice or to the enforcement of justice against a feeble + and untutored people by means involving or threatening an + effusion of blood. I am happy to add that the tranquillity + which has been restored among the tribes themselves, as well + as between them and our own population, will favor the + resumption of the work of civilization which had made an + encouraging progress among some tribes, and that the facility + is increasing for extending that divided and individual + ownership, which exists now in movable property only, to the + soil itself, and of thus establishing in the culture and + improvement of it the true foundation for a transit from the + habits of the savage to the arts and comforts of social life. + </p> + <p> + As a subject of the highest importance to the national + welfare, I must again earnestly recommend to the + consideration of Congress a reorganization of the militia on + a plan which will form it into classes according to the + periods of life more or less adapted to military services. An + efficient militia is authorized and contemplated by the + Constitution and required by the spirit and safety of free + government. The present organization of our militia is + universally regarded as less efficient than it ought to be + made, and no organization can be better calculated to give to + it its due force than a classification which will assign the + foremost place in the defense of the country to that portion + of its citizens whose activity and animation best enable them + to rally to its standard. Besides the consideration that a + time of peace is the time when the change can be made with + most convenience and equity, it will now be aided by the + experience of a recent war in which the militia bore so + interesting a part. + </p> + <p> + Congress will call to mind that no adequate provision has yet + been made for the uniformity of weights and measures also + contemplated by the Constitution. The great utility of a + standard fixed in its nature and founded on the easy rule of + decimal proportions is sufficiently obvious. It led the + Government at an early stage to preparatory steps for + introducing it, and a completion of the work will be a just + title to the public gratitude. + </p> + <p> + The importance which I have attached to the establishment of + a university within this District on a scale and for objects + worthy of the American nation induces me to renew my + recommendation of it to the favorable consideration of + Congress. And I particularly invite again their attention to + the expediency of exercising their existing powers, and, + where necessary, of resorting to the prescribed mode of + enlarging them, in order to effectuate a comprehensive system + of roads and canals, such as will have the effect of drawing + more closely together every part of our country by promoting + intercourse and improvements and by increasing the share of + every part in the common stock of national prosperity. + </p> + <p> + Occurrences having taken place which shew that the statutory + provisions for the dispensation of criminal justice are + deficient in relation both to places and to persons under the + exclusive cognizance of the national authority, an amendment + of the law embracing such cases will merit the earliest + attention of the Legislature. It will be a seasonable + occasion also for inquiring how far legislative interposition + maybe further requisite in providing penalties for offenses + designated in the Constitution or in the statutes, and to + which either no penalties are annexed or none with sufficient + certainty. And I submit to the wisdom of Congress whether a + more enlarged revisal of the criminal code be not expedient + for the purpose of mitigating in certain cases penalties + which were adopted into it antecedent to experiment and + examples which justify and recommend a more lenient policy. + </p> + <p> + The United States, having been the first to abolish within + the extent of their authority the transportation of the + natives of Africa into slavery, by prohibiting the + introduction of slaves and by punishing their citizens + participating in the traffic, can not but be gratified at the + progress made by concurrent efforts of other nations toward a + general suppression of so great an evil. They must feel at + the same time the greater solicitude to give the fullest + efficacy to their own regulations. With that view, the + interposition of Congress appears to be required by the + violations and evasions which it is suggested are chargeable + on unworthy citizens who mingle in the slave trade under + foreign flags and with foreign ports, and by collusive + importations of slaves into the United States through + adjoining ports and territories. I present the subject to + Congress with a full assurance of their disposition to apply + all the remedy which can be afforded by an amendment of the + law. The regulations which were intended to guard against + abuses of a kindred character in the trade between the + several States ought also to be rendered more effectual for + their humane object. + </p> + <p> + To these recommendations I add, for the consideration of + Congress, the expediency of a remodification of the judiciary + establishment, and of an additional department in the + executive branch of the Government. + </p> + <p> + The first is called for by the accruing business which + necessarily swells the duties of the Federal courts, and by + the great and widening space within which justice is to be + dispensed by them. The time seems to have arrived which + claims for members of the Supreme Court a relief from + itinerary fatigues, incompatible as well with the age which a + portion of them will always have attained as with the + researches and preparations which are due to their stations + and to the juridical reputation of their country. And + considerations equally cogent require a more convenient + organization of the subordinate tribunals, which may be + accomplished without an objectionable increase of the number + or expense of the judges. + </p> + <p> + The extent and variety of executive business also + accumulating with the progress of our country and its growing + population call for an additional department, to be charged + with duties now overburdening other departments and with such + as have not been annexed to any department. + </p> + <p> + The course of experience recommends, as another improvement + in the executive establishment, that the provision for the + station of Attorney-General, whose residence at the seat of + Government, official connections with it, and the management + of the public business before the judiciary preclude an + extensive participation in professional emoluments, be made + more adequate to his services and his relinquishments, and + that, with a view to his reasonable accommodation and to a + proper depository of his official opinions and proceedings, + there be included in the provision the usual appurtenances to + a public office. + </p> + <p> + In directing the legislative attention to the state of the + finances it is a subject of great gratification to find that + even within the short period which has elapsed since the + return of peace the revenue has far exceeded all the current + demands upon the Treasury, and that under any probable + diminution of its future annual products which the + vicissitudes of commerce may occasion it will afford an ample + fund for the effectual and early extinguishment of the public + debt. It has been estimated that during the year 1816 the + actual receipts of revenue at the Treasury, including the + balance at the commencement of the year, and excluding the + proceeds of loans and Treasury notes, will amount to about + the sum of $47,000,000; that during the same year the actual + payments at the Treasury, including the payment of the + arrearages of the War Department as well as the payment of a + considerable excess beyond the annual appropriations, will + amount to about the sum of $38,000,000, and that consequently + at the close of the year there will be a surplus in the + Treasury of about the sum of $9,000,000. + </p> + <p> + The operations of the Treasury continued to be obstructed by + difficulties arising from the condition of the national + currency, but they have nevertheless been effectual to a + beneficial extent in the reduction of the public debt and the + establishment of the public credit. The floating debt of + Treasury notes and temporary loans will soon be entirely + discharged. The aggregate of the funded debt, composed of + debts incurred during the wars of 1776 and 1812, has been + estimated with reference to the 1st of January next at a sum + not exceeding $110,000,000. The ordinary annual expenses of + the Government for the maintenance of all its institutions, + civil, military, and naval, have been estimated at a sum less + than $20,000,000, and the permanent revenue to be derived + from all the existing sources has been estimated at a sum of + about $25,000,000, + </p> + <p> + Upon this general view of the subject it is obvious that + there is only wanting to the fiscal prosperity of the + Government the restoration of an uniform medium of exchange. + The resources and the faith of the nation, displayed in the + system which Congress has established, insure respect and + confidence both at home and abroad. The local accumulations + of the revenue have already enabled the Treasury to meet the + public engagements in the local currency of most of the + States, and it is expected that the same cause will produce + the same effect throughout the Union; but for the interests + of the community at large, as well as for the purposes of the + Treasury, it is essential that the nation should possess a + currency of equal value, credit, and use wherever it may + circulate. The Constitution has intrusted Congress + exclusively with the power of creating and regulating a + currency of that description, and the measures which were + taken during the last session in execution of the power give + every promise of success. The Bank of the United States has + been organized under auspices the most favorable, and can not + fail to be an important auxiliary to those measures. + </p> + <p> + For a more enlarged view of the public finances, with a view + of the measures pursued by the Treasury Department previous + to the resignation of the late Secretary, I transmit an + extract from the last report of that officer. Congress will + perceive in it ample proofs of the solid foundation on which + the financial prosperity of the nation rests, and will do + justice to the distinguished ability and successful exertions + with which the duties of the Department were executed during + a period remarkable for its difficulties and its peculiar + perplexities. + </p> + <p> + The period of my retiring from the public service being at + little distance, I shall find no occasion more proper than + the present for expressing to my fellow-citizens my deep + sense of the continued confidence and kind support which I + have received from them. My grateful recollection of these + distinguished marks of their favorable regard can never + cease, and with the consciousness that, if I have not served + my country with greater ability, I have served it with a + sincere devotion will accompany me as a source of unfailing + gratification. + </p> + <p> + Happily, I shall carry with me from the public theater other + sources, which those who love their country most will best + appreciate. I shall behold it blessed with tranquillity and + prosperity at home and with peace and respect abroad. I can + indulge the proud reflection that the American people have + reached in safety and success their fortieth year as an + independent nation; that for nearly an entire generation they + have had experience of their present Constitution, the + offspring of their undisturbed deliberations and of their + free choice; that they have found it to bear the trials of + adverse as well as prosperous circumstances: to contain in + its combination of the federate and elective principles a + reconcilement of public strength with individual liberty, of + national power for the defense of national rights with a + security against wars of injustice, of ambition, and of + vainglory in the fundamental provision which subjects all + questions of war to the will of the nation itself, which is + to pay its costs and feel its calamities. Nor is it less a + peculiar felicity of this Constitution, so dear to us all, + that it is found to be capable, without losing its vital + energies, of expanding itself over a spacious territory with + the increase and expansion of the community for whose benefit + it was established. + </p> + <p> + And may I not be allowed to add to this gratifying spectacle + that I shall read in the character of the American people, in + their devotion to true liberty and to the Constitution which + is its palladium, sure presages that the destined career of + my country will exhibit a Government pursuing the public good + as its sole object, and regulating its means by the great + principles consecrated in its charter and by those moral + principles to which they are so well allied; a Government + which watches over the purity of elections, the freedom of + speech and of the press, the trial by jury, and the equal + interdict against encroachments and compacts between religion + and the state; which maintains inviolably the maxims of + public faith, the security of persons and property, and + encourages in every authorized mode that general diffusion of + knowledge which guarantees to public liberty its permanency + and to those who possess the blessing the true enjoyment of + it; a Government which avoids intrusions on the internal + repose of other nations, and repels them from its own; which + does justice to all nations with a readiness equal to the + firmness with which it requires justice from them; and which, + whilst it refines its domestic code from every ingredient not + congenial with the precepts of an enlightened age and the + sentiments of a virtuous people, seeks by appeals to reason + and by its liberal examples to infuse into the law which + governs the civilized world a spirit which may diminish the + frequency or circumscribe the calamities of war, and + meliorate the social and beneficent relations of peace; a + Government, in a word, whose conduct within and without may + bespeak the most noble of all ambitions—-that of + promoting peace on earth and good will to man. + </p> + <p> + These contemplations, sweetening the remnant of my days, will + animate my prayers for the happiness of my beloved country, + and a perpetuity of the institutions under which it is + enjoyed. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + DECEMBER 6, 1816. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The ninth section of the act passed at the last session of + Congress "to authorize the payment for property lost, + captured, or destroyed by the enemy while in the military + service of the United States, and for other purposes," having + received a construction giving to it a scope of great and + uncertain extent, I thought it proper that proceedings + relative to claims under that part of the act should be + suspended until Congress should have an opportunity of + defining more precisely the cases contemplated by them. With + that view I now recommend the subject to their consideration. + They will have an opportunity at the same time of considering + how far other provisions of the act may be rendered more + clear and precise in their import. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 10, 1816. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I lay before the Senate, for their consideration and advice + as to a ratification, treaties concluded with the several + Indian tribes according to the following statement: + </p> + <p> + <br> + A LIST OF INDIAN TRIBES WITH WHOM TREATIES HAVE BEEN MADE + SINCE THE LAST SESSION OF CONGRESS. + </p> + <p> + <i>Weas and Kickapoos tribes of Indians</i>.—Treaty + concluded at Fort Harrison between Benjamin Parke and the + chiefs and headmen of those tribes the 4th June, 1816. + </p> + <p> + <i>Ottawas, Chippewas, and Pottowotomees</i>.—Treaty + concluded at St. Louis between Governors Clarke, Edwards, and + Colonel Choteau and the chiefs and headmen of those tribes on + the 24th August, 1816. + </p> + <p> + <i>Winnebago tribes</i>.—Made by the same persons on + part United States and the headmen of this tribe at St. Louis + 3d June, 1816. + </p> + <p> + <i>Sacks of Rock River</i>.—Made by same at St. Louis + 13th May, 1816. + </p> + <p> + <i>Siouxs composing three tribes, the Siouxs of the Leaf, the + Siouxs of the Broad Leaf, and the Siouxs who Shoot on the + Pine-tops</i>.—Made and concluded by the same at St. + Louis 1st June, 1816. + </p> + <p> + <i>Chickasaw tribe</i>.—Treaty made by General Jackson, + David Merrewether, esq., and Jesse Franklin, esq., and the + headmen of that nation at Chickasaw council house 20th + September, 1816. + </p> + <p> + <i>Cherokee tribe</i>.—Treaty made by General Jackson, + David Merrewether, esq., and Jesse Franklin, esq., and the + headmen of that nation at Turkey Town on the 4th October, + 1816. + </p> + <p> + <i>Choctaw tribe</i>.—Treaty made by General John + Coffee, John Rhea, and John McKee, esquires, and the headmen + and warriors of that nation at the Choctaw trading house on + the 24th of October, 1816. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 13, 1816. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + A treaty of commerce between the United States and the King + of Sweden and Norway having been concluded and signed on the + 4th day of September last by their plenipotentiaries, I lay + the same before the Senate for their consideration and advice + as to a ratification. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 21, 1816. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 6th instant, I transmit to them the + proceedings of the commissioner appointed under the act "to + authorize the payment for property lost, captured, or + destroyed by the enemy while in the military service of the + United States, and for other purposes," as reported by the + commissioner to the Department of War. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 26, 1816. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + It is found that the existing laws have not the efficacy + necessary to prevent violations of the obligations of the + United States as a nation at peace toward belligerent parties + and other unlawful acts on the high seas by armed vessels + equipped within the waters of the United States. + </p> + <p> + With a view to maintain more effectually the respect due to + the laws, to the character, and to the neutral and pacific + relations of the United States, I recommend to the + consideration of Congress the expediency of such further + legislative provisions as may be requisite for detaining + vessels actually equipped, or in a course of equipment, with + a warlike force within the jurisdiction of the United States, + or, as the case may be, for obtaining from the owners or + commanders of such vessels adequate securities against the + abuse of their armaments, with the exceptions in such + provisions proper for the cases of merchant vessels furnished + with the defensive armaments usual on distant and dangerous + expeditions, and of a private commerce in military stores + permitted by our laws, and which the law of nations does not + require the United States to prohibit. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 25, 1817. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before Congress copies of ratified treaties between the + United States and the following Indian tribes: + </p> + <p> + First. The Wea and Kickapoo. + </p> + <p> + Second. The united tribes of Ottawas, Chippawas, and + Potowotomies residing on the Illinois and Melwakee rivers and + their waters and on the southwestern parts of Lake Michigan. + </p> + <p> + Third. That portion of the Winnebago tribe or nation residing + on the Ouisconsin River, + </p> + <p> + Fourth. The Sacs of Rock River and the adjacent country. + </p> + <p> + Fifth. Eight bands of the Siouxs, composing the three tribes + called the Siouxs of the Leaf, the Siouxs of the Broad Leaf, + and the Siouxs who Shoot in the Pine Tops. + </p> + <p> + Sixth. The Chickasaw tribe of Indians. + </p> + <p> + Seventh. The Cherokee tribe of Indians. + </p> + <p> + Eighth. The Chactaw tribe of Indians. + </p> + <p> + Congress will take into consideration how far legislative + provisions may be necessary for carrying into effect + stipulations contained in the said treaties, + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 31, 1817. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The envoy extraordinary and minister plenipotentiary of His + Most Christian Majesty having renewed, under special + instructions from his Government, the claim of the + representative of Baron de Beaumarchais for 1,000,000 livres, + which were debited to him in the settlement of his accounts + with the United States, I lay before Congress copies of the + memoir on that subject addressed by the said envoy to the + Secretary of State. + </p> + <p> + Considering that the sum of which the million of livres in + question made a part was a gratuitous grant from the French + Government to the United States, and the declaration of that + Government that that part of the grant was put into the hands + of M. de Beaumarchais as its agent, not as the agent of the + United States, and was duly accounted for by him to the + French Government; considering also the concurring opinions + of two Attorneys-General of the United States that the said + debit was not legally sustainable in behalf of the United + States, I recommend the case to the favorable attention of + the Legislature, whose authority alone can finally decide on + it. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 3, 1817. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The Government of Great Britain, induced by the posture of + the relations with the United States which succeeded the + conclusion of the recent commercial convention, issued an + order on the 17th day of August, 1815, discontinuing the + discriminating duties payable in British ports on American + vessels and their cargoes. It was not until the 22d of + December following that a corresponding discontinuance of + discriminating duties on British vessels and their cargoes in + American ports took effect under the authority vested in the + Executive by the act of March, 1816. During the period + between those two dates there was consequently a failure of + reciprocity or equality in the existing regulations of the + two countries. I recommend to the consideration of Congress + the expediency of paying to the British Government the amount + of the duties remitted during the period in question to + citizens of the United States, subject to a deduction of the + amount of whatever discriminating duties may have commenced + in British ports after the signature of that convention and + been collected previous to the 17th of August, 1815. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 6, 1817. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + On comparing the fourth section of the act of Congress passed + March 31, 1814, providing for the indemnification of certain + claimants of public lands in the Mississippi Territory, with + the article of agreement and cession between the United + States and State of Georgia, bearing date April 30, 1802, it + appears that the engagements entered into with the claimants + interfere with the rights and interests secured to that + State. I recommend to Congress that provision be made by law + for payments to the State of Georgia equal to the amount of + Mississippi stock which shall be paid into the Treasury until + the stipulated sum of $1,250,000 shall be completed. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + VETO MESSAGE. + </h2> + <p class="r"> + MARCH 3, 1817. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + Having considered the bill this day presented to me entitled + "An act to set apart and pledge certain funds for internal + improvements," and which sets apart and pledges funds "for + constructing roads and canals, and improving the navigation + of water courses, in order to facilitate, promote, and give + security to internal commerce among the several States, and + to render more easy and less expensive the means and + provisions for the common defense," I am constrained by the + insuperable difficulty I feel in reconciling the bill with + the Constitution of the United States to return it with that + objection to the House of Representatives, in which it + originated. + </p> + <p> + The legislative powers vested in Congress are specified and + enumerated in the eighth section of the first article of the + Constitution, and it does not appear that the power proposed + to be exercised by the bill is among the enumerated powers, + or that it falls by any just interpretation within the power + to make laws necessary and proper for carrying into execution + those or other powers vested by the Constitution in the + Government of the United States. + </p> + <p> + "The power to regulate commerce among the several States" can + not include a power to construct roads and canals, and to + improve the navigation of water courses in order to + facilitate, promote, and secure such a commerce without a + latitude of construction departing from the ordinary import + of the terms strengthened by the known inconveniences which + doubtless led to the grant of this remedial power to + Congress. + </p> + <p> + To refer the power in question to the clause "to provide for + the common defense and general welfare" would be contrary to + the established and consistent rules of interpretation, as + rendering the special and careful enumeration of powers which + follow the clause nugatory and improper. Such a view of the + Constitution would have the effect of giving to Congress a + general power of legislation instead of the defined and + limited one hitherto understood to belong to them, the terms + "common defense and general welfare" embracing every object + and act within the purview of a legislative trust. It would + have the effect of subjecting both the Constitution and laws + of the several States in all cases not specifically exempted + to be superseded by laws of Congress, it being expressly + declared "that the Constitution of the United States and laws + made in pursuance thereof shall be the supreme law of the + land, and the judges of every State shall be bound thereby, + anything in the constitution or laws of any State to the + contrary notwithstanding." Such a view of the Constitution, + finally, would have the effect of excluding the judicial + authority of the United States from its participation in + guarding the boundary between the legislative powers of the + General and the State Governments, inasmuch as questions + relating to the general welfare, being questions of policy + and expediency, are unsusceptible of judicial cognizance and + decision. + </p> + <p> + A restriction of the power "to provide for the common defense + and general welfare" to cases which are to be provided for by + the expenditure of money would still leave within the + legislative power of Congress all the great and most + important measures of Government, money being the ordinary + and necessary means of carrying them into execution. + </p> + <p> + If a general power to construct roads and canals, and to + improve the navigation of water courses, with the train of + powers incident thereto, be not possessed by Congress, the + assent of the States in the mode provided in the bill can not + confer the power. The only cases in which the consent and + cession of particular States can extend the power of Congress + are those specified and provided for in the Constitution. + </p> + <p> + I am not unaware of the great importance of roads and canals + and the improved navigation of water courses, and that a + power in the National Legislature to provide for them might + be exercised with signal advantage to the general prosperity. + But seeing that such a power is not expressly given by the + Constitution, and believing that it can not be deduced from + any part of it without an inadmissible latitude of + construction and a reliance on insufficient precedents; + believing also that the permanent success of the Constitution + depends on a definite partition of powers between the General + and the State Governments, and that no adequate landmarks + would be left by the constructive extension of the powers of + Congress as proposed in the bill, I have no option but to + withhold my signature from it, and to cherishing the hope + that its beneficial objects may be attained by a resort for + the necessary powers to the same wisdom and virtue in the + nation which established the Constitution in its actual form + and providently marked out in the instrument itself a safe + and practicable mode of improving it as experience might + suggest. + </p> + <p class="r"> + JAMES MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + [From Annals of Congress, Fourteenth Congress, second + session, 218.] + </center> + <p class="r"> + WASHINGTON, <i>January 1, 1817</i>. + </p> + <p> + <i>To the Senators of the United States, respectively</i>: + </p> + <p> + SIR: Objects interesting to the United States requiring that + the Senate should be in session on the 4th of March next to + receive such communications as may be made to it on the part + of the Executive, your attendance in the Senate Chamber in + this city on that day is accordingly requested. + </p> + <p class="r"> + JAMES MADISON. + </p> + + <div>*** END OF THE PROJECT GUTENBERG EBOOK 10895 ***</div> +</body> +</html> |