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diff --git a/old/10895-8.txt b/old/10895-8.txt new file mode 100644 index 0000000..1428821 --- /dev/null +++ b/old/10895-8.txt @@ -0,0 +1,7169 @@ +The Project Gutenberg EBook of A Compilation of the Messages and Papers of +the Presidents, by Edited by James D. Richardson + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Compilation of the Messages and Papers of the Presidents + Section 4 (of 4) of Volume 1: James Madison + +Author: Edited by James D. Richardson + +Release Date: January 31, 2004 [EBook #10895] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK JAMES MADISON *** + + + + +Produced by Juliet Sutherland, David Garcia and the Online Distributed +Proofreading Team. + + + + + +A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS. + +BY JAMES D. RICHARDSON + + +James Madison + +March 4, 1809, to March 4, 1817 + + + + +James Madison + + +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. + + + + +LETTER FROM THE PRESIDENT ELECT. + +The President of the Senate communicated the following letter from the +President elect of the United States: + +CITY OF WASHINGTON, _March 2, 1809_. + +Hon. JOHN MILLEDGE, + +_President pro tempore of the Senate_. + +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. + +I have the honor to be, with the greatest respect, sir, your most +obedient and most humble servant, + +JAMES MADISON. + + + + +FIRST INAUGURAL ADDRESS. + + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +MARCH 4, 1809. + + + + +SPECIAL SESSION MESSAGE. + + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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 _Chesapeake_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + +MAY 23, 1809. + + + + + +SPECIAL MESSAGES. + + +MAY 26, 1809. + +_To the Senate of the United States_: + +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. + +JAMES MADISON. + + + +JUNE 4, 1809. + +_To the Senate of the United States_: + +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. + +JAMES MADISON. + + + +JUNE 15, 1809. + +_To the Senate of the United States_: + +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. + +To these documents are added a communication just made by Mr. Erskine +to the Secretary of State, and his answer. + +JAMES MADISON. + + + +JUNE 20, 1809. + +_To the Senate of the United States_: + +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. + +JAMES MADISON. + + + +JUNE 26, 1809. + +_To the Senate of the United States_: + +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. + +JAMES MADISON. + + + + +PROCLAMATIONS. + + +[From Annals of Congress, Eleventh Congress, part 2, 2060.] + +BY THE PRESIDENT OF THE UNITED STATES. + +A PROCLAMATION. + +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 + +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: + +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. + +[SEAL.] + +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. + +JAMES MADISON. + +By the President: + R. SMITH, + _Secretary of State_. + + + +[From Annals of Congress, Eleventh Congress, part 2, 2076.] + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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 + +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: + +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. + +[SEAL.] + +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. + +JAMES MADISON. + +By the President: + R. SMITH, + _Secretary of State_. + + + + +FIRST ANNUAL MESSAGE. + + +NOVEMBER 29, 1809. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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 +_Chesapeake_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + + +SPECIAL MESSAGES. + + +DECEMBER 12, 1809. + +_To the House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +DECEMBER 16, 1809. + +_To the Senate of the United States_: + +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, + +JAMES MADISON. + + + +DECEMBER 16, 1809. + +_To the House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +DECEMBER 22, 1809. + +_To the Senate of the United States_: + +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, + +JAMES MADISON. + + + +JANUARY 3, 1810. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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, + +JAMES MADISON. + + + +JANUARY 9, 1810. + +_To the Senate of the United States_: + +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, + +JAMES MADISON. + + + +JANUARY 15, 1810. + +_To the Senate of the United States_: + +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. + +JAMES MADISON. + + + +JANUARY 22, 1810. + +_To the Senate of the United States_: + +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. + +JAMES MADISON. + + + +FEBRUARY 28, 1810. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +MARCH 15, 1810. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +MARCH 27, 1810, + +_To the House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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 + +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 + +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 + +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; + +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: + +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. + +In testimony whereof I have caused the seal of the United States to be +hereunto affixed, and signed the same with my hand. + +[SEAL.] + +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. + +JAMES MADISON. + +By the President: + R. SMITH, + _Secretary of State_. + + + + +[From Annals of Congress, Eleventh Congress, third session, 1248.] + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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 + +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: + +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. + +[SEAL.] + +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. + +JAMES MADISON. + +By the President: + R. SMITH, + _Secretary of State_. + + + + +SECOND ANNUAL MESSAGE. + + +WASHINGTON, _December 5, 1810_. + +_Fellow Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + + +SPECIAL MESSAGES. + + +DECEMBER 12, 1810. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +WASHINGTON, _January 3, 1811_. + +_To the Senate and House of Representatives of the United States_: + +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. + +I communicate in like manner a letter from the British chargé 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. + +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. + +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. + +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. + +JAMES MADISON. + + + +JANUARY 10, 1811. + +_To the Senate and House of Representatives of the United States_: + +I communicate to Congress, in confidence, the translation of a letter +from Louis de Onis to the captain general of Caraccas. + +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, + +JAMES MADISON. + + + +JANUARY 30, 1811. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +JANUARY 31, 1811. + +_To the Senate and House of Representatives of the United States_: + +I lay before Congress a letter from the chargé 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. + +JAMES MADISON. + + + +FEBRUARY 16, 1811. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + + +VETO MESSAGES. + + +FEBRUARY 21, 1811. + +_To the House of Representatives of the United States_: + +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: + +_Because_ 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. + +_Because_ 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. + +JAMES MADISON. + + + +FEBRUARY 28, 1811. + +_To the House of Representatives of the United States_: + +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: + +_Because_ 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." + +JAMES MADISON. + + + + +PROCLAMATION. + + +[From the National Intelligencer, July 25, 1811] + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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. + +[SEAL.] + +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. + +JAMES MADISON. + +By the President: + JAMES MONROE, + _Secretary of State_. + + + + +THIRD ANNUAL MESSAGE. + + +WASHINGTON, _November 5, 1811_. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + + +SPECIAL MESSAGES. + + +WASHINGTON, _November 13, 1811_. + +_To the Senate and House of Representatives of the United States_: + +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 _Chesapeake_, 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. + +JAMES MADISON. + + + +WASHINGTON, _December 18, 1811_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +The families of those brave and patriotic citizens who have fallen in +this severe conflict will doubtless engage the favorable attention of +Congress. + +JAMES MADISON. + + + +WASHINGTON, _December 23, 1811_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MADISON. + + + +WASHINGTON, _December 27, 1811_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +WASHINGTON, _January 15, 1812_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +WASHINGTON, _January 16, 1812_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MADISON. + + + +MARCH 3, 1812. + +_To the Senate and House of Representatives of the United States_: + +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." + +JAMES MADISON. + + + +MARCH 9, 1812. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MADISON. + + + +APRIL 1, 1812. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +APRIL 20, 1812. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MADISON. + + + +MAY 26, 1812. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +WASHINGTON, _June 1, 1812_. + +_To the Senate and House of Representatives of the United States_: + +I communicate to Congress certain documents, being a continuation of +those heretofore laid before them on the subject of our affairs with +Great Britain. + +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. + +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. + +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. + +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. + +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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + +JUNE 30, 1812. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MADISON. + + + +JULY 1, 1812. + +_To the House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +_From the Secretary of State to General George Matthews and Colonel +John M'Kee_. + +DEPARTMENT OF STATE, _January 26, 1811_. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + + + +_The Secretary of State to General Matthews_. + +DEPARTMENT OF STATE, _April 4, 1812_. + +General MATTHEWS, etc. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, very respectfully, sir, your obedient servant, + +JAMES MONROE. + + + +_The Secretary of State to His Excellency D.B. Mitchell, the +governor of Georgia_. + +DEPARTMENT OF STATE, _April 10, 1812_. + +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. + +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. + +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. + +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 _directly_ 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. + +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. + +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. + +I have the honor to be, etc., + +JAMES MONROE. + +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. + + + +_The Secretary of State to D.B. Mitchell, esq., governor of Georgia_. + +DEPARTMENT OF STATE, _May 27, 1812_. + +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. + +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. + +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. + +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. + +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. + +In the present state of our affairs with Great Britain the course above +pointed out is the more justifiable and proper. + +I have the honor, etc., + +JAMES MONROE. + + + +JULY 6, 1812. + +_To the Senate of the United States_: + +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. + +JAMES MADISON. + + + + + +VETO MESSAGE. + + +APRIL 3, 1812. + +_To the House of Representatives of the United States_: + +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: + +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. + +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. + +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. + +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. + +JAMES MADISON + + + + +PROCLAMATIONS. + + +[From Niles's Weekly Register, vol. 1, p. 448.] + + +BY THE PRESIDENT OF THE UNITED STATES. + +A PROCLAMATION. + +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. + +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. + +[SEAL.] + +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. + +JAMES MADISON. + +By the President: + JAMES MONROE, + _Secretary of State_. + + + +[From Annals of Congress, Twelfth Congress, part 2, 2223.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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: + +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. + +In testimony whereof I have hereunto set my hand and caused the seal of +the United States to be affixed to these presents. + +[SEAL.] + +Done at the city of Washington, the 19th day of June, 1812, and of the +Independence of the United States the thirty-sixth. + +JAMES MADISON. + +By the President: + JAMES MONROE, + _Secretary of State_. + + + +[From Annals of Congress, Twelfth Congress, part 2, 2224.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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 + +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: + +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. + +[SEAL.] + +Given at Washington, the 9th day of July, A.D. 1812. + +JAMES MADISON. + +By the President: + JAMES MONROE, + _Secretary of State_. + + + +[From Niles's Weekly Register, vol. 3, p. 101.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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. + +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. + +[SEAL.] + +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. + +JAMES MADISON. + +By the President: + JAMES MONROE, + _Secretary of State_. + + + + +FOURTH ANNUAL MESSAGE. + + +WASHINGTON, _November 4, 1812_. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _Constitution_, 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. + +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 chargé +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. + +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. + +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. + +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. + +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. + +The Indian tribes not under foreign instigations remain at peace, and +receive the civilizing attentions which have proved so beneficial to +them. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + + +SPECIAL MESSAGES. + + +NOVEMBER, 12, 1812. + +_To the Senate and House of Representatives of the United States_: + +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 chargé +d'affaires at London. + +JAMES MADISON. + + + +NOVEMBER 17, 1812. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON + + + +WASHINGTON, _December 11, 1812_. + +_To the Senate and House of Representatives of the United States_: + +I transmit to Congress copies of a letter to the Secretary of the Navy +from Captain Decatur, of the frigate _United States_, reporting his +combat and capture of the British frigate _Macedonian_. 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. + +I transmit also a letter from Captain Jones, who commanded the sloop +of war _Wasp_, reporting his capture of the British sloop of war +_Frolic_, after a close action, in which other brilliant titles will +be seen to the public admiration and praise. + +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. + +JAMES MADISON. + + + +JANUARY 22, 1813. + +_To the Senate and House of Representatives of the United States_: + +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. + +I transmit, for the like purpose, copies of a letter from Commodore +Rodgers to the Secretary of the Navy, + +JAMES MADISON. + + + +FEBRUARY 22, 1813. + +_To the Senate and House of Representatives of the United States_: + +I lay before Congress a letter, with accompanying documents, from +Captain Bainbridge, now commanding the United States frigate the +_Constitution_, reporting his capture and destruction of the +British frigate the _Java_. 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. + +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. + +JAMES MADISON. + + + +FEBRUARY 24, 1813. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + +MARCH 3, 1813. + +_To the House of Representatives of the United States_: + +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," + +JAMES MADISON. + + + + +VETO MESSAGE. + + +NOVEMBER 5, 1812. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + + +SECOND INAUGURAL ADDRESS. + + +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. + +May we not cherish this sentiment without presumption when we reflect +on the characters by which this war is distinguished? + +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. + +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. + +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. + +How little has been the effect of this example on the conduct of the +enemy! + +They have retained as prisoners of war citizens of the United States +not liable to be so considered under the usages of war. + +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. + +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. + +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. + +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. + +MARCH 4, 1813. + + + + +SPECIAL SESSION MESSAGE. + + +WASHINGTON, _May 25, 1813_. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +In continuation of the brilliant achievements of our infant Navy, a +signal triumph has been gained by Captain Lawrence and his companions in +the _Hornet_ 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 _Hornet_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + + +SPECIAL MESSAGES. + + +MAY 29, 1813. + +_To the Senate of the United States_: + +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. + +JAMES MADISON. + + + +WASHINGTON, _July 6, 1813_. + +_To the Senate of the United States_: + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + +WASHINGTON, _July 20, 1813_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + + + +PROCLAMATION. + + +[From Niles's Weekly Register, vol. 4, p. 345.] + +A PROCLAMATION. + +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 + +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: + +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. + +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. + +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. + +[SEAL.] + +Given at Washington, this 23d day of July, A.D. 1813. + +JAMES MADISON. + + + + +FIFTH ANNUAL MESSAGE. + + +WASHINGTON, _December 7, 1813_. + +_Fellow Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +In other respects the enemy are pursuing a course which threatens +consequences most afflicting to humanity. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + + +SPECIAL MESSAGES. + + +DECEMBER 9, 1813. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +It is found also that the practice of ransoming is a cover for collusive +captures and a channel for intelligence advantageous to the enemy. + +To remedy as much as possible these evils, I recommend: + +That an effectual embargo on exports be immediately enacted. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + +JANUARY 6, 1814. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MADISON. + + + +FEBRUARY 26, 1814. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +On these subjects an estimate from the Department of War will be laid +before Congress, and I recommend a suitable provision for them. + +JAMES MADISON. + + + +MARCH 31, 1814. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MADISON. + + + + + +PROCLAMATIONS. + + +[From Niles's Weekly Register, vol. 6, p. 279.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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. + +[SEAL.] + +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. + +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. + +JAMES MADISON. + +By the President: + JAMES MONROE, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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 + +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 + +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: + +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. + +[SEAL.] + +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. + +JAMES MADISON. + +By the President: + JAMES MONROE, + _Secretary of State_. + + + + +[From Annals of Congress, Thirteenth Congress, vol. 3, 9.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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. + +In testimony whereof I have caused the seal of the United States to be +hereunto affixed, and signed the same with my hand, + +[SEAL.] + +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. + +JAMES MADISON. + +By the President: + JAMES MONROE, + _Secretary of State_. + + + + +[From Nile's Weekly Register, vol. 7, p. 2.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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 + +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 + +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 + +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: + +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. + +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. + +[SEAL.] + +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. + +JAMES MADISON. + +By the President: + JAMES MONROE, + _Secretary of State_. + + + + +SPECIAL MESSAGE. + + +WASHINGTON, _September 17, 1814_. + +The PRESIDENT OF THE SENATE OF THE UNITED STATES. + +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. + +With this information, be pleased, sir, to accept assurances of my great +respect and consideration. + +JAMES MADISON. + + + + +SIXTH ANNUAL MESSAGE. + + +WASHINGTON, _September 20, 1814_. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + + +SPECIAL MESSAGES. + + +SEPTEMBER 26, 1814. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +WASHINGTON, _October 10, 1814_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MADISON. + + + +WASHINGTON, _October 13, 1814_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +DECEMBER 1, 1814. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +FEBRUARY 15, 1815. + +_To the Senate of the United States_: + +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. + +I transmit also a letter from the American commissioners, which +accompanied the treaty. + +JAMES MADISON. + + + +WASHINGTON, _February 18, 1815_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + +WASHINGTON, _February 22, 1815_. + +_To the Senate and House of Representatives of the United States_: + +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. + +It is referred to the consideration of Congress how far legislative +provisions may be necessary for carrying any part of these stipulations +into effect. + +JAMES MADISON. + + + +WASHINGTON, _February 23, 1815_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MADISON. + + + +WASHINGTON, _February 25, 1815_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + + +VETO MESSAGE. + + +WASHINGTON, _January 30, 1815_. + +_To the Senate of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES + +A PROCLAMATION. + +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. + +[SEAL.] + +Given at the city of Washington, the 16th day of November, 1814, and of +the Independence of the United States the thirty-eighth. + +JAMES MADISON. + + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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. + +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. + +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. + +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. + +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: +_Provided_, 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. + +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. + +[SEAL.] + +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. + +JAMES MADISON. + +By the President: + JAMES MONROE, + _Acting as Secretary of State_. + + + +[From Niles's Weekly Register, vol. 7, p. 397.] + + +JAMES MADISON, PRESIDENT OF THE UNITED STATES OF AMERICA. + +_To all and singular to whom these presents shall come, greeting_: + +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: + +[Here follows the treaty.] + +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. + +[SEAL.] + +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. + +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. + +JAMES MADISON. + +By the President: + JAMES MONROE, + _Acting Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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. + +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. + +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. + +[SEAL.] + +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. + +JAMES MADISON. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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: + +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. + +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. + +[SEAL.] + +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. + +JAMES MADISON. + + + + +SEVENTH ANNUAL MESSAGE. + + +WASHINGTON, _December 5, 1815_. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +In all measures having such objects my faithful cooperation will be +afforded. + +JAMES MADISON. + + + + + +SPECIAL MESSAGES. + + +WASHINGTON, _December 6, 1815_. + +_To the Senate of the United States_: + +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. + +JAMES MADISON. + + + +DECEMBER 6, 1815. + +_To the Senate of the United States_: + +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. + +JAMES MADISON. + + + +WASHINGTON, _December 6, 1815_. + +_To the Senate of the United States_: + +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. + +I communicate also the letters from the commissioners on the part of +the United States relating to their proceedings on those occasions. + +JAMES MADISON. + + + +WASHINGTON, _December 11, 1815_. + +_To the Senate of the United States_: + +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. + +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. + +JAMES MADISON. + + + +DECEMBER 23, 1815. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +JANUARY 18, 1816. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MADISON. + + + +FEBRUARY 6, 1816. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +MARCH 5, 1816. + +_To the Senate of the United States_: + +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, + +JAMES MADISON. + + + +MARCH 9, 1816. + +_To the Senate and House of Representatives of the United States_: + +I lay before Congress a statement of the militia of the United States +according to the latest returns received by the Department of War. + +JAMES MADISON. + + + +APRIL 11, 1816. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +APRIL 16, 1816. + +_To the Senate and House of Representatives of the United States_: + +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, + +JAMES MADISON. + + + +APRIL 17, 1816. + +_To the Senate of the United States_: + +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. + +JAMES MADISON. + + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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 + +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: + +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. + +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. + +[SEAL.] + +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. + +JAMES MADISON. + +By the President: + JAMES MONROE, + _Secretary of State_. + + + +[From Niles's Weekly Register, vol. 10, p. 208.] + + +BY THE PRESIDENT OF THE UNITED STATES. + +A PROCLAMATION. + +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:" + +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. + +Given under my hand the 1st day of May, 1816. + +JAMES MADISON. + +By the President: + JOSIAH MEIGS, + _Commissioner of the General Land Office_. + + + + + +EIGHTH ANNUAL MESSAGE. + + +DECEMBER 3, 1816. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +I have the satisfaction to state, generally, that we remain in amity with +foreign powers. + +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. + +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. + +With the other Barbary States our affairs have undergone no change. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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, + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + + +SPECIAL MESSAGES. + + +DECEMBER 6, 1816. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +DECEMBER 10, 1816. + +_To the Senate of the United States_: + +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: + +A LIST OF INDIAN TRIBES WITH WHOM TREATIES HAVE BEEN MADE SINCE THE LAST +SESSION OF CONGRESS. + +_Weas and Kickapoos tribes of Indians_.--Treaty concluded at Fort +Harrison between Benjamin Parke and the chiefs and headmen of those +tribes the 4th June, 1816. + +_Ottawas, Chippewas, and Pottowotomees_.--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. + +_Winnebago tribes_.--Made by the same persons on part United States +and the headmen of this tribe at St. Louis 3d June, 1816. + +_Sacks of Rock River_.--Made by same at St. Louis 13th May, 1816. + +_Siouxs composing three tribes, the Siouxs of the Leaf, the Siouxs of +the Broad Leaf, and the Siouxs who Shoot on the Pine-tops_.--Made and +concluded by the same at St. Louis 1st June, 1816. + +_Chickasaw tribe_.--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. + +_Cherokee tribe_.--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. + +_Choctaw tribe_.--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. + +JAMES MADISON. + + + +DECEMBER 13, 1816. + +_To the Senate of the United States_: + +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. + +JAMES MADISON. + + + +DECEMBER 21, 1816. + +_To the House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +DECEMBER 26, 1816. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MADISON. + + + +JANUARY 25, 1817. + +_To the Senate and House of Representatives of the United States_: + +I lay before Congress copies of ratified treaties between the United +States and the following Indian tribes: + +First. The Wea and Kickapoo. + +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. + +Third. That portion of the Winnebago tribe or nation residing on the +Ouisconsin River, + +Fourth. The Sacs of Rock River and the adjacent country. + +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. + +Sixth. The Chickasaw tribe of Indians. + +Seventh. The Cherokee tribe of Indians. + +Eighth. The Chactaw tribe of Indians. + +Congress will take into consideration how far legislative provisions may +be necessary for carrying into effect stipulations contained in the said +treaties, + +JAMES MADISON. + + + +JANUARY 31, 1817. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MADISON. + + + +FEBRUARY 3, 1817. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + +FEBRUARY 6, 1817. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MADISON. + + + + +VETO MESSAGE. + + +MARCH 3, 1817. + +_To the House of Representatives of the United States_: + +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. + +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. + +"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. + +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. + +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. + +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. + +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. + +JAMES MADISON. + + + + +PROCLAMATION. + + +[From Annals of Congress, Fourteenth Congress, second session, 218.] + +WASHINGTON, _January 1, 1817_. + +_To the Senators of the United States, respectively_: + +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. + +JAMES MADISON. + + + + + +End of the Project Gutenberg EBook of A Compilation of the Messages and +Papers of the Presidents, by Edited by James D. 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