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diff --git a/10919-h/10919-h.htm b/10919-h/10919-h.htm new file mode 100644 index 0000000..695f52b --- /dev/null +++ b/10919-h/10919-h.htm @@ -0,0 +1,22019 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html> + <head> + <meta content= + "HTML Tidy for Linux/x86 (vers 1st January 2003), see www.w3.org" + name="generator"> + <meta http-equiv="Content-Type" content= + "text/html; charset=UTF-8"> + <meta content="pg2html (binary version 0.12a)" name= + "generator"> + <title> + The Project Gutenberg eBook of Messages and Papers of the + Presidents: James Monroe, by James D. Richardson. + </title> + <style type="text/css"> + <!-- + * { font-family: Times; + } + P { text-indent: 1em; + margin-top: .75em; + font-size: 12pt; + text-align: justify; + margin-bottom: .75em; } + H1,H2,H3,H4,H5,H6 { text-align: center; } + HR { width: 33%; } + PRE { font-family: Courier, monospaced;} + .r { text-align: right; } + .q { font-size: 80%; margin-left: 1em; margin-right: 1em; } + .foot { text-indent: 0em; } + CENTER { padding: 10px;} + // --> + </style> + </head> + <body> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 10919 ***</div> + + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h1> + A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS + </h1> + <center> + <b>BY JAMES D. RICHARDSON</b> + </center> + <h2> + VOLUME II + </h2> + <p> + + </p> + <p> + + </p> + <center> + Copyright 1897 by James D. Richardson + </center> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + Prefatory Note + </h2> + <p> + The first volume of this compilation was given to Congress + and the public about May 1, 1896. I believe I am warranted in + saying here that it met with much favor by all who examined + it. The press of the country was unsparing in its praise. + Congress, by a resolution passed on the 22d day of May, + ordered the printing of 15,000 additional copies, of the + entire publication. + </p> + <p> + I have inserted in this volume a steel engraving of the + Treasury building; the succeeding volumes will contain + engravings of other important public buildings. + </p> + <p> + The resolution authorizing this work required the publication + of the annual, special, and veto messages, inaugural + addresses, and proclamations of the Presidents. I have found + in addition to these documents others which emanated from the + Chief Magistrats, called Executive orders; they are in the + nature of proclamations, and have like force and effect. I + have therefore included in this, and will include in the + succeeding volumes, all such Executive orders as may appear + to have national importance or to possess more than ordinary + interest. + </p> + <p> + If this volume meets the same degree of favor as the first, I + shall be greatly gratified. + </p> + <p class="r"> + JAMES D. RICHARDSON. + </p> + <p> + JULY 4, 1896. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h1> + James Monroe + </h1> + <h2> + March 4, 1817, to March 4, 1825 + </h2> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + James Monroe + </h2> + <p> + James Monroe was born April 28, 1758, in Westmoreland County, + Va. He was the son of Spence Monroe and Elizabeth Jones, both + natives of Virginia. When in his eighteenth year he enlisted + as a private soldier in the Army to fight for independence; + was in several battles, and was wounded in the engagement at + Trenton; was promoted to the rank of captain of infantry. + During 1777 and 1778 he acted as aid to Lord Stirling, and + distinguished himself. He studied law under the direction of + Thomas Jefferson, then governor of Virginia, who in 1780 + appointed him to visit the army in South Carolina on an + important mission. In 1782 he was elected to the Virginia + assembly by the county of King George, and was by that body + chosen a member of the executive council. The next year he + was chosen a delegate to the Continental Congress, and + remained a member until 1786; while a member he married a + Miss Kortright, of New York City. Retiring from Congress, he + began the practice of law at Fredericksburg, Va., but was at + once elected to the legislature. In 1788 was a delegate to + the State convention assembled to consider the Federal + Constitution. Was a Senator from Virginia from 1790 to 1794. + In May, 1794, was appointed by Washington minister to France. + He was recalled in 1796 and was again elected to the + legislature. In 1799 was elected governor of Virginia. In + 1802 was appointed by President Jefferson envoy extraordinary + to France, and in 1803 was sent to London as the successor of + Rufus King. In 1805 performed a diplomatic mission to Spain + in relation to the boundary of Louisiana, returning to London + the following year; returned to the United States in 1808. In + 1811 was again elected governor of his State, but in the same + year resigned that office to become Secretary of State under + President Madison. After the capture of Washington, in 1814, + he was appointed to the War Department, which position he + held until 1815, without relinquishing the office of + Secretary of State. He remained at the head of the Department + of State until the close of Mr. Madison's term. Was elected + President in 1816, and reelected in 1820, retiring March 4, + 1825, to his residence in Loudoun County, Va. In 1829 was + elected a member of the convention called to revise the + constitution of the State, and was unanimously chosen to + preside over its deliberations. He was forced by ill health + to retire from office, and removed to New York to reside with + his son-in-law, Mr. Samuel L. Gouverneur. He died July 4, + 1831, and was buried in New York City, but in 1858 his + remains were removed to Richmond, Va. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + LETTER FROM THE PRESIDENT ELECT. + </h2> + <p> + The President of the Senate communicated the following letter + from the President elect of the United States: + </p> + <p class="r"> + CITY OF WASHINGTON, <i>March 1, 1817</i>. + </p> + <p> + Hon. JOHN GAILLARD.<br> + <i>President of the Senate of the United States</i>. + </p> + <p> + SIR: I beg leave through you to inform the honorable 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 + Tuesday, the 4th instant, at 12 o'clock, in the Chamber of + the House of Representatives. + </p> + <p> + I have the honor to be, with the greatest respect, sir, your + most obedient and most humble servant, + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FIRST INAUGURAL ADDRESS. + </h2> + <p> + I should be destitute of feeling if I was not deeply affected + by the strong proof which my fellow-citizens have given me of + their confidence in calling me to the high office whose + functions I am about to assume. As the expression of their + good opinion of my conduct in the public service, I derive + from it a gratification which those who are conscious of + having done all that they could to merit it can alone feel. + My sensibility is increased by a just estimate of the + importance of the trust and of the nature and extent of its + duties, with the proper discharge of which the highest + interests of a great and free people are intimately + connected. Conscious of my own deficiency, I can not enter on + these duties without great anxiety for the result. From a + just responsibility I will never shrink, calculating with + confidence that in my best efforts to promote the public + welfare my motives will always be duly appreciated and my + conduct be viewed with that candor and indulgence which I + have experienced in other stations. + </p> + <p> + In commencing the duties of the chief executive office it has + been the practice of the distinguished men who have gone + before me to explain the principles which would govern them + in their respective Administrations. In following their + venerated example my attention is naturally drawn to the + great causes which have contributed in a principal degree to + produce the present happy condition of the United States. + They will best explain the nature of our duties and shed much + light on the policy which ought to be pursued in future. + </p> + <p> + From the commencement of our Revolution to the present day + almost forty years have elapsed, and from the establishment + of this Constitution twenty-eight. Through this whole term + the Government has been what may emphatically be called + self-government. And what has been the effect? To whatever + object we turn our attention, whether it relates to our + foreign or domestic concerns, we find abundant cause to + felicitate ourselves in the excellence of our institutions. + During a period fraught with difficulties and marked by very + extraordinary events the United States have nourished beyond + example. Their citizens individually have been happy and the + nation prosperous. + </p> + <p> + Under this Constitution our commerce has been wisely + regulated with foreign nations and between the States; new + States have been admitted into our Union; our territory has + been enlarged by fair and honorable treaty, and with great + advantage to the original States; the States, respectively + protected by the National Government under a mild, parental + system against foreign dangers, and enjoying within their + separate spheres, by a wise partition of power, a just + proportion of the sovereignty, have improved their police, + extended their settlements, and attained a strength and + maturity which are the best proofs of wholesome laws well + administered. And if we look to the condition of individuals + what a proud spectacle does it exhibit! On whom has + oppression fallen in any quarter of our Union? Who has been + deprived of any right of person or property? Who restrained + from offering his vows in the mode which he prefers to the + Divine Author of his being? It is well known that all these + blessings have been enjoyed in their fullest extent; and I + add with peculiar satisfaction that there has been no example + of a capital punishment being inflicted on anyone for the + crime of high treason. + </p> + <p> + Some who might admit the competency of our Government to + these beneficent duties might doubt it in trials which put to + the test its strength and efficiency as a member of the great + community of nations. Here too experience has afforded us the + most satisfactory proof in its favor. Just as this + Constitution was put into action several of the principal + States of Europe had become much agitated and some of them + seriously convulsed. Destructive wars ensued, which have of + late only been terminated. In the course of these conflicts + the United States received great injury from several of the + parties. It was their interest to stand aloof from the + contest, to demand justice from the party committing the + injury, and to cultivate by a fair and honorable conduct the + friendship of all. War became at length inevitable, and the + result has shown that our Government is equal to that, the + greatest of trials, under the most unfavorable circumstances. + Of the virtue of the people and of the heroic exploits of the + Army, the Navy, and the militia I need not speak. + </p> + <p> + Such, then, is the happy Government under which we + live—a Government adequate to every purpose for which + the social compact is formed, a Government elective in all + its branches, under which every citizen may by his merit + obtain the highest trust recognized by the Constitution; + which contains within it no cause of discord, none to put at + variance one portion of the community with another; a + Government which protects every citizen in the full enjoyment + of his rights, and is able to protect the nation against + injustice from foreign powers. + </p> + <p> + Other considerations of the highest importance admonish us to + cherish our Union and to cling to the Government which + supports it. Fortunate as we are in our political + institutions, we have not been less so in other circumstances + on which our prosperity and happiness essentially depend. + Situated within the temperate zone, and extending through + many degrees of latitude along the Atlantic, the United + States enjoy all the varieties of climate, and every + production incident to that portion of the globe. Penetrating + internally to the Great Lakes and beyond the sources of the + great rivers which communicate through our whole interior, no + country was ever happier with respect to its domain. Blessed, + too, with a fertile soil, our produce has always been very + abundant, leaving, even in years the least favorable, a + surplus for the wants of our fellow-men in other countries. + Such is our peculiar felicity that there is not a part of our + Union that is not particularly interested in preserving it. + The great agricultural interest of the nation prospers under + its protection. Local interests are not less fostered by it. + Our fellow-citizens of the North engaged in navigation find + great encouragement in being made the favored carriers of the + vast productions of the other portions of the United States, + while the inhabitants of these are amply recompensed, in + their turn, by the nursery for seamen and naval force thus + formed and reared up for the support of our common rights. + Our manufactures find a generous encouragement by the policy + which patronizes domestic industry, and the surplus of our + produce a steady and profitable market by local wants in + less-favored parts at home. + </p> + <p> + Such, then, being the highly favored condition of our + country, it is the interest of every citizen to maintain it. + What are the dangers which menace us? If any exist they ought + to be ascertained and guarded against. + </p> + <p> + In explaining my sentiments on this subject it may be asked, + What raised us to the present happy state? How did we + accomplish the Revolution? How remedy the defects of the + first instrument of our Union, by infusing into the National + Government sufficient power for national purposes, without + impairing the just rights of the States or affecting those of + individuals? How sustain and pass with glory through the late + war? The Government has been in the hands of the people. To + the people, therefore, and to the faithful and able + depositaries of their trust is the credit due. Had the people + of the United States been educated in different principles, + had they been less intelligent, less independent, or less + virtuous, can it be believed that we should have maintained + the same steady and consistent career or been blessed with + the same success? While, then, the constituent body retains + its present sound and healthful state everything will be + safe. They will choose competent and faithful representatives + for every department. It is only when the people become + ignorant and corrupt, when they degenerate into a populace, + that they are incapable of exercising the sovereignty. + Usurpation is then an easy attainment, and an usurper soon + found. The people themselves become the willing instruments + of their own debasement and ruin. Let us, then, look to the + great cause, and endeavor to preserve it in full force. Let + us by all wise and constitutional measures promote + intelligence among the people as the best means of preserving + our liberties. + </p> + <p> + Dangers from abroad are not less deserving of attention. + Experiencing the fortune of other nations, the United States + may be again involved in war, and it may in that event be the + object of the adverse party to overset our Government, to + break our Union, and demolish us as a nation. Our distance + from Europe and the just, moderate, and pacific policy of our + Government may form some security against these dangers, but + they ought to be anticipated and guarded against. Many of our + citizens are engaged in commerce and navigation, and all of + them are in a certain degree dependent on their prosperous + state. Many are engaged in the fisheries. These interests are + exposed to invasion in the wars between other powers, and we + should disregard the faithful admonition of experience if we + did not expect it. We must support our rights or lose our + character, and with it, perhaps, our liberties. A people who + fail to do it can scarcely be said to hold a place among + independent nations. National honor is national property of + the highest value. The sentiment in the mind of every citizen + is national strength. It ought therefore to be cherished. + </p> + <p> + To secure us against these dangers our coast and inland + frontiers should be fortified, our Army and Navy, regulated + upon just principles as to the force of each, be kept in + perfect order, and our militia be placed on the best + practicable footing. To put our extensive coast in such a + state of defense as to secure our cities and interior from + invasion will be attended with expense, but the work when + finished will be permanent, and it is fair to presume that a + single campaign of invasion by a naval force superior to our + own, aided by a few thousand land troops, would expose us to + greater expense, without taking into the estimate the loss of + property and distress of our citizens, than would be + sufficient for this great work. Our land and naval forces + should be moderate, but adequate to the necessary + purposes—the former to garrison and preserve our + fortifications and to meet the first invasions of a foreign + foe, and, while constituting the elements of a greater force, + to preserve the science as well as all the necessary + implements of war in a state to be brought into activity in + the event of war; the latter, retained within the limits + proper in a state of peace, might aid in maintaining the + neutrality of the United States with dignity in the wars of + other powers and in saving the property of their citizens + from spoliation. In time of war, with the enlargement of + which the great naval resources of the country render it + susceptible, and which should be duly fostered in time of + peace, it would contribute essentially, both as an auxiliary + of defense and as a powerful engine of annoyance, to diminish + the calamities of war and to bring the war to a speedy and + honorable termination. + </p> + <p> + But it ought always to be held prominently in view that the + safety of these States and of everything dear to a free + people must depend in an eminent degree on the militia. + Invasions may be made too formidable to be resisted by any + land and naval force which it would comport either with the + principles of our Government or the circumstances of the + United States to maintain. In such cases recourse must be had + to the great body of the people, and in a manner to produce + the best effect. It is of the highest importance, therefore, + that they be so organized and trained as to be prepared for + any emergency. The arrangement should be such as to put at + the command of the Government the ardent patriotism and + youthful vigor of the country. If formed on equal and just + principles, it can not be oppressive. It is the crisis which + makes the pressure, and not the laws which provide a remedy + for it. This arrangement should be formed, too, in time of + peace, to be the better prepared for war. With such an + organization of such a people the United States have nothing + to dread from foreign invasion. At its approach an + overwhelming force of gallant men might always be put in + motion. + </p> + <p> + Other interests of high importance will claim attention, + among which the improvement of our country by roads and + canals, proceeding always with a constitutional sanction, + holds a distinguished place. By thus facilitating the + intercourse between the States we shall add much to the + convenience and comfort of our fellow-citizens, much to the + ornament of the country, and, what is of greater importance, + we shall shorten distances, and, by making each part more + accessible to and dependent on the other, we shall bind the + Union more closely together. Nature has done so much for us + by intersecting the country with so many great rivers, bays, + and lakes, approaching from distant points so near to each + other, that the inducement to complete the work seems to be + peculiarly strong. A more interesting spectacle was perhaps + never seen than is exhibited within the limits of the United + States—a territory so vast and advantageously situated, + containing objects so grand, so useful, so happily connected + in all their parts! + </p> + <p> + Our manufactures will likewise require the systematic and + fostering care of the Government. Possessing as we do all the + raw materials, the fruit of our own soil and industry, we + ought not to depend in the degree we have done on supplies + from other countries. While we are thus dependent the sudden + event of war, unsought and unexpected, can not fail to plunge + us into the most serious difficulties, it is important, too, + that the capital which nourishes our manufactures should be + domestic, as its influence in that case instead of + exhausting, as it may do in foreign hands, would be felt + advantageously on agriculture and every other branch of + industry. Equally important is it to provide at home a market + for our raw materials, as by extending the competition it + will enhance the price and protect the cultivator against the + casualties incident to foreign markets. + </p> + <p> + With the Indian tribes it is our duty to cultivate friendly + relations and to act with kindness and liberality in all our + transactions. Equally proper is it to persevere in our + efforts to extend to them the advantages of civilization. + </p> + <p> + The great amount of our revenue and the flourishing state of + the Treasury are a full proof of the competency of the + national resources for any emergency, as they are of the + willingness of our fellow citizens to bear the burdens which + the public necessities require. The vast amount of vacant + lands, the value of which daily augments, forms an additional + resource of great extent and duration. These resources, + besides accomplishing every other necessary purpose, put it + completely in the power of the United States to discharge the + national debt at an early period. Peace is the best time for + improvement and preparation of every kind; it is in peace + that our commerce flourishes most, that taxes are most easily + paid, and that the revenue is most productive. + </p> + <p> + The Executive is charged officially in the Departments under + it with the disbursement of the public money, and is + responsible for the faithful application of it to the + purposes for which it is raised. The Legislature is the + watchful guardian over the public purse. It is its duty to + see that the disbursement has been honestly made. To meet the + requisite responsibility every facility should be afforded to + the Executive to enable it to bring the public agents + intrusted with the public money strictly and promptly to + account. Nothing should be presumed against them; but if, + with the requisite facilities, the public money is suffered + to lie long and uselessly in their hands, they will not be + the only defaulters, nor will the demoralizing effect be + confined to them. It will evince a relaxation and want of + tone in the Administration which will be felt by the whole + community. I shall do all I can to secure economy and + fidelity in this important branch of the Administration, and + I doubt not that the Legislature will perform its duty with + equal zeal. A thorough examination should be regularly made, + and I will promote it. + </p> + <p> + It is particularly gratifying to me to enter on the discharge + of these duties at a time when the United States are blessed + with peace. It is a state most consistent with their + prosperity and happiness. It will be my sincere desire to + preserve it, so far as depends on the Executive, on just + principles with all nations, claiming nothing unreasonable of + any and rendering to each what is its due. + </p> + <p> + Equally gratifying is it to witness the increased harmony of + opinion which pervades our Union. Discord does not belong to + our system. Union is recommended as well by the free and + benign principles of our Government, extending its blessings + to every individual, as by the other eminent advantages + attending it. The American people have encountered together + great dangers and sustained severe trials with success. They + constitute one great family with a common interest. + Experience has enlightened us on some questions of essential + importance to the country. The progress has been slow, + dictated by a just reflection and a faithful regard to every + interest connected with it. To promote this harmony in accord + with the principles of our republican Government and in a + manner to give them the most complete effect, and to advance + in all other respects the best interests of our Union, will + be the object of my constant and zealous exertions. + </p> + <p> + Never did a government commence under auspices so favorable, + nor ever was success so complete. If we look to the history + of other nations, ancient or modern, we find no example of a + growth so rapid, so gigantic, of a people so prosperous and + happy. In contemplating what we have still to perform, the + heart of every citizen must expand with joy when he reflects + how near our Government has approached to perfection; that in + respect to it we have no essential improvement to make; that + the great object is to preserve it in the essential + principles and features which characterize it, and that that + is to be done by preserving the virtue and enlightening the + minds of the people; and as a security against foreign + dangers to adopt such arrangements as are indispensable to + the support of our independence, our rights and liberties. If + we persevere in the career in which we have advanced so far + and in the path already traced, we can not fail, under the + favor of a gracious Providence, to attain the high destiny + which seems to await us. + </p> + <p> + In the Administrations of the illustrious men who have + preceded me in this high station, with some of whom I have + been connected by the closest ties from early life, examples + are presented which will always be found highly instructive + and useful to their successors. From these I shall endeavor + to derive all the advantages which they may afford. Of my + immediate predecessor, under whom so important a portion of + this great and successful experiment has been made, I shall + be pardoned for expressing my earnest wishes that he may long + enjoy in his retirement the affections of a grateful country, + the best reward of exalted talents and the most faithful and + meritorious services. Relying on the aid to be derived from + the other departments of the Government, I enter on the trust + to which I have been called by the suffrages of my fellow + citizens with my fervent prayers to the Almighty that He will + be graciously pleased to continue to us that protection which + He has already so conspicuously displayed in our favor. + </p> + <p> + MARCH 4, 1817. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + [From Niles's Weekly Register, vol. 12, p. 176.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES. + </h3> + <p> + Whereas by an act entitled "An act providing for the sale of + the tract of land at the lower rapids of Sandusky River," + passed on the 27th day of April, 1816, it was enacted that + all the lands in the said tract, except the reservations made + in the said act, should be offered for sale to the highest + bidder at Wooster, in the State of Ohio, under the direction + of the register of the land office and the receiver of public + moneys at Wooster, and on such day or days as shall, by a + public proclamation of the President of the United States, be + designated for that purpose; and + </p> + <p> + Whereas by an act entitled "An act providing for the sale of + the tract of land at the British fort at the Miami of the + Lake, at the foot of the rapids, and for other purposes," + passed the 27th day of April, 1816, it was enacted that all + the land contained in the said tract, except the reservations + and exceptions made in the said act, should be offered for + sale to the highest bidder at Wooster, in the State of Ohio, + under the direction of the register of the land office and + the receiver of public moneys at Wooster, and on such day or + days as shall, by a public proclamation of the President of + the United States, be designated for that purpose: + </p> + <p> + Wherefore I, James Monroe, President of the United States, in + conformity with the provisions of the acts before recited, do + hereby declare and make known that the lands authorized to be + sold by the first mentioned act shall be offered for sale to + the highest bidder at Wooster, in the State of Ohio, on the + first Monday in July next, and continue open for seven days + and no longer, and that the lands authorized to be sold by + the last-mentioned act shall be offered for sale to the + highest bidder at the same place on the third Tuesday in July + next, and continue open for seven days and no longer. + </p> + <p> + Given under my hand this 15th day of April, 1817. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + <br> + By the President:<br> + J. MEIGS,<br> + <i>Commissioner of the General Land Office</i> + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FIRST ANNUAL MESSAGE. + </h2> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + At no period of our political existence had we so much cause + to felicitate ourselves at the prosperous and happy condition + of our country. The abundant fruits of the earth have filled + it with plenty. An extensive and profitable commerce has + greatly augmented our revenue. The public credit has attained + an extraordinary elevation. Our preparations for defense in + case of future wars, from which, by the experience of all + nations, we ought not to expect to be exempted, are advancing + under a well-digested system with all the dispatch which so + important a work will admit. Our free Government, founded on + the interest and affections of the people, has gained and is + daily gaining strength. Local jealousies are rapidly yielding + to more generous, enlarged, and enlightened views of national + policy. For advantages so numerous and highly important it is + our duty to unite in grateful acknowledgments to that + Omnipotent Being from whom they are derived, and in unceasing + prayer that He will endow us with virtue and strength to + maintain and hand them down in their utmost purity to our + latest posterity. + </p> + <p> + I have the satisfaction to inform you that an arrangement + which had been commenced by my predecessor with the British + Government for the reduction of the naval force by Great + Britain and the United States on the Lakes has been + concluded, by which it is provided that neither party shall + keep in service on Lake Champlain more than one vessel, on + Lake Ontario more than one, and on Lake Erie and the upper + lakes more than two, to be armed each with one cannon only, + and that all the other armed vessels of both parties, of + which an exact list is interchanged, shall be dismantled. It + is also agreed that the force retained shall be restricted in + its duty to the internal purposes of each party, and that the + arrangement shall remain in force until six months shall have + expired after notice given by one of the parties to the other + of its desire that it should terminate. By this arrangement + useless expense on both sides and, what is of still greater + importance, the danger of collision between armed vessels in + those inland waters, which was great, is prevented. + </p> + <p> + I have the satisfaction also to state that the commissioners + under the fourth article of the treaty of Ghent, to whom it + was referred to decide to which party the several islands in + the bay of Passamaquoddy belonged under the treaty of 1783, + have agreed in a report, by which all the islands in the + possession of each party before the late war have been + decreed to it. The commissioners acting under the other + articles of the treaty of Ghent for the settlement of + boundaries have also been engaged in the discharge, of their + respective duties, but have not yet completed them. The + difference which arose between the two Governments under that + treaty respecting the right of the United States to take and + cure fish on the coast of the British provinces north of our + limits, which had been secured by the treaty of 1783, is + still in negotiation. The proposition made by this Government + to extend to the colonies of Great Britain the principle of + the convention of London, by which the commerce between the + ports of the United States and British ports in Europe had + been placed on a footing of equality, has been declined by + the British Government. This subject having been thus + amicably discussed between the two Governments, and it + appearing that the British Government is unwilling to depart + from its present regulations, it remains for Congress to + decide whether they will make any other regulations in + consequence thereof for the protection and improvement of our + navigation. + </p> + <p> + The negotiation with Spain for spoliations on our commerce + and the settlement of boundaries remains essentially in the + state it held by the communications that were made to + Congress by my predecessor. It has been evidently the policy + of the Spanish Government to keep the negotiation suspended, + and in this the United States have acquiesced, from an + amicable disposition toward Spain and in the expectation that + her Government would, from a sense of justice, finally accede + to such an arrangement as would be equal between the parties. + A disposition has been lately shown by the Spanish Government + to move in the negotiation, which has been met by this + Government, and should the conciliatory and friendly policy + which has invariably guided our councils be reciprocated, a + just and satisfactory arrangement maybe expected. It is + proper, however, to remark that no proposition has yet been + made from which such a result can be presumed. + </p> + <p> + It was anticipated at an early stage that the contest between + Spain and the colonies would become highly interesting to the + United States. It was natural that our citizens should + sympathize in events which affected their neighbors. It + seemed probable also that the prosecution of the conflict + along our coast and in contiguous countries would + occasionally interrupt our commerce and otherwise affect the + persons and property of our citizens. These anticipations + have been realized. Such injuries have been received from + persons acting under authority of both the parties, and for + which redress has in most instances been withheld. Through + every stage of the conflict the United States have maintained + an impartial neutrality, giving aid to neither of the parties + in men, money, ships, or munitions of war. They have regarded + the contest not in the light of an ordinary insurrection or + rebellion, but as a civil war between parties nearly equal, + having as to neutral powers equal rights. Our ports have been + open to both, and every article the fruit of our soil or of + the industry of our citizens which either was permitted to + take has been equally free to the other. Should the colonies + establish their independence, it is proper now to state that + this Government neither seeks nor would accept from them any + advantage in commerce or otherwise which will not be equally + open to all other nations. The colonies will in that event + become independent states, free from any obligation to or + connection with us which it may not then be their interest to + form on the basis of a fair reciprocity. + </p> + <p> + In the summer of the present year an expedition was set on + foot against East Florida by persons claiming to act under + the authority of some of the colonies, who took possession of + Amelia Island, at the mouth of the St. Marys River, near the + boundary of the State of Georgia. As this Province lies + eastward of the Mississippi, and is bounded by the United + States and the ocean on every side, and has been a subject of + negotiation with the Government of Spain as an indemnity for + losses by spoliation or in exchange for territory of equal + value westward of the Mississippi, a fact well known to the + world, it excited surprise that any countenance should be + given to this measure by any of the colonies. As it would be + difficult to reconcile it with the friendly relations + existing between the United States and the colonies, a doubt + was entertained whether it had been authorized by them, or + any of them. This doubt has gained strength by the + circumstances which have unfolded themselves in the + prosecution of the enterprise, which have marked it as a mere + private, unauthorized adventure. Projected and commenced with + an incompetent force, reliance seems to have been placed on + what might be drawn, in defiance of our laws, from within our + limits; and of late, as their resources have failed, it has + assumed a more marked character of unfriendliness to us, the + island being made a channel for the illicit introduction of + slaves from Africa into the United States, an asylum for + fugitive slaves from the neighboring States, and a port for + smuggling of every kind. + </p> + <p> + A similar establishment was made at an earlier period by + persons of the same description in the Gulf of Mexico at a + place called Galvezton, within the limits of the United + States, as we contend, under the cession of Louisiana. This + enterprise has been marked in a more signal manner by all the + objectionable circumstances which characterized the other, + and more particularly by the equipment of privateers which + have annoyed our commerce, and by smuggling. These + establishments, if ever sanctioned by any authority whatever, + which is not believed, have abused their trust and forfeited + all claim to consideration. A just regard for the rights and + interests of the United States required that they should be + suppressed, and orders have been accordingly issued to that + effect. The imperious considerations which produced this + measure will be explained to the parties whom it may in any + degree concern. + </p> + <p> + To obtain correct information on every subject in which the + United States are interested; to inspire just sentiments in + all persons in authority, on either side, of our friendly + disposition so far as it may comport with an impartial + neutrality, and to secure proper respect to our commerce in + every port and from every flag, it has been thought proper to + send a ship of war with three distinguished citizens along + the southern coast with instruction to touch at such ports as + they may find most expedient for these purposes. With the + existing authorities, with those in the possession of and + exercising the sovereignty, must the communication be held; + from them alone can redress for past injuries committed by + persons acting under them be obtained; by them alone can the + commission of the like in future be prevented. + </p> + <p> + Our relations with the other powers of Europe have + experienced no essential change since the last session. In + our intercourse with each due attention continues to be paid + to the protection of our commerce, and to every other object + in which the United States are interested. A strong hope is + entertained that, by adhering to the maxims of a just, a + candid, and friendly policy, we may long preserve amicable + relations with all the powers of Europe on conditions + advantageous and honorable to our country. + </p> + <p> + With the Barbary States and the Indian tribes our pacific + relations have been preserved. + </p> + <p> + In calling your attention to the internal concerns of our + country the view which they exhibit is peculiarly gratifying. + The payments which have been made into the Treasury show the + very productive state of the public revenue. After satisfying + the appropriations made by law for the support of the civil + Government and of the military and naval establishments, + embracing suitable provision for fortifications and for the + gradual increase of the Navy, paying the interest of the + public debt, and extinguishing more than eighteen millions of + the principal, within the present year, it is estimated that + a balance of more than $6,000,000 will remain in the Treasury + on the 1st day of January applicable to the current service + of the ensuing year. + </p> + <p> + The payments into the Treasury during the year 1818 on + account of imposts and tonnage, resulting principally from + duties which have accrued in the present year, may be fairly + estimated at $20,000,000; the internal revenues at + $2,500,000; the public lands at $1,500,000; bank dividends + and incidental receipts at $500,000; making in the whole + $24,500,000. + </p> + <p> + The annual permanent expenditure for the support of the civil + Government and of the Army and Navy, as now established by + law, amounts to $11,800,000, and for the sinking fund to + $10,000,000, making in the whole $21,800,000, leaving an + annual excess of revenue beyond the expenditure of + $2,700,000, exclusive of the balance estimated to be in the + Treasury on the 1st day of January, 1818. + </p> + <p> + In the present state of the Treasury the whole of the + Louisiana debt maybe redeemed in the year 1819, after which, + if the public debt continues as it now is, above par, there + will be annually about five millions of the sinking fund + unexpended until the year 1825, when the loan of 1812 and the + stock created by funding Treasury notes will be redeemable. + </p> + <p> + It is also estimated that the Mississippi stock will be + discharged during the year 1819 from the proceeds of the + public lands assigned to that object, after which the + receipts from those lands will annually add to the public + revenue the sum of one million and a half, making the + permanent annual revenue amount to $26,000,000, and leaving + an annual excess of revenue after the year 1819 beyond the + permanent authorized expenditure of more than $4,000,000. + </p> + <p> + By the last returns to the Department of War the militia + force of the several States may be estimated at 800,000 + men—infantry, artillery, and cavalry. Great part of + this force is armed, and measures are taken to arm the whole. + An improvement in the organization and discipline of the + militia is one of the great objects which claims the + unremitted attention of Congress. + </p> + <p> + The regular force amounts nearly to the number required by + law, and is stationed along the Atlantic and inland + frontiers. + </p> + <p> + Of the naval force it has been necessary to maintain strong + squadrons in the Mediterranean and in the Gulf of Mexico. + </p> + <p> + From several of the Indian tribes inhabiting the country + bordering on Lake Erie purchases have been made of lands on + conditions very favorable to the United States, and, as it is + presumed, not less so to the tribes themselves. + </p> + <p> + By these purchases the Indian title, with moderate + reservations, has been extinguished to the whole of the land + within the limits of the State of Ohio, and to a part of that + in the Michigan Territory and of the State of Indiana. From + the Cherokee tribe a tract has been purchased in the State of + Georgia and an arrangement made by which, in exchange for + lands beyond the Mississippi, a great part, if not the whole, + of the land belonging to that tribe eastward of that river in + the States of North Carolina, Georgia, and Tennessee, and in + the Alabama Territory will soon be acquired. By these + acquisitions, and others that may reasonably be expected soon + to follow, we shall be enabled to extend our settlements from + the inhabited parts of the State of Ohio along Lake Erie into + the Michigan Territory, and to connect our settlements by + degrees through the State of Indiana and the Illinois + Territory to that of Missouri. A similar and equally + advantageous effect will soon be produced to the south, + through the whole extent of the States and territory which + border on the waters emptying into the Mississippi and the + Mobile. In this progress, which the rights of nature demand + and nothing can prevent, marking a growth rapid and gigantic, + it is our duty to make new efforts for the preservation, + improvement, and civilization of the native inhabitants. The + hunter state can exist only in the vast uncultivated desert. + It yields to the more dense and compact form and greater + force of civilized population; and of right it ought to + yield, for the earth was given to mankind to support the + greatest number of which it is capable, and no tribe or + people have a right to withhold from the wants of others more + than is necessary for their own support and comfort. It is + gratifying to know that the reservations of land made by the + treaties with the tribes on Lake Erie were made with a view + to individual ownership among them and to the cultivation of + the soil by all, and that an annual stipend has been pledged + to supply their other wants. It will merit the consideration + of Congress whether other provision not stipulated by treaty + ought to be made for these tribes and for the advancement of + the liberal and humane policy of the United States toward all + the tribes within our limits, and more particularly for their + improvement in the arts of civilized life. + </p> + <p> + Among the advantages incident to these purchases, and to + those which have preceded, the security which may thereby be + afforded to our inland frontiers is peculiarly important. + With a strong barrier, consisting of our own people, thus + planted on the Lakes, the Mississippi, and the Mobile, with + the protection to be derived from the regular force, Indian + hostilities, if they do not altogether cease, will henceforth + lose their terror. Fortifications in those quarters to any + extent will not be necessary, and the expense attending them + may be saved. A people accustomed to the use of firearms + only, as the Indian tribes are, will shun even moderate works + which are defended by cannon. Great fortifications will + therefore be requisite only in future along the coast and at + some points in the interior connected with it. On these will + the safety of our towns and the commerce of our great rivers, + from the Bay of Fundy to the Mississippi, depend. On these, + therefore, should the utmost attention, skill, and labor be + bestowed. + </p> + <p> + A considerable and rapid augmentation in the value of all the + public lands, proceeding from these and other obvious causes, + may henceforward be expected. The difficulties attending + early emigrations will be dissipated even in the most remote + parts. Several new States have been admitted into our Union + to the west and south, and Territorial governments, happily + organized, established over every other portion in which + there is vacant land for sale. In terminating Indian + hostilities, as must soon be done, in a formidable shape at + least, the emigration, which has heretofore been great, will + probably increase, and the demand for land and the + augmentation in its value be in like proportion. The great + increase of our population throughout the Union will alone + produce an important effect, and in no quarter will it be so + sensibly felt as in those in contemplation. The public lands + are a public stock, which ought to be disposed of to the best + advantage for the nation. The nation should therefore derive + the profit proceeding from the continual rise in their value. + Every encouragement should be given to the emigrants + consistent with a fair competition between them, but that + competition should operate in the first sale to the advantage + of the nation rather than of individuals. Great capitalists + will derive all the benefit incident to their superior wealth + under any mode of sale which may be adopted. But if, looking + forward to the rise in the value of the public lands, they + should have the opportunity of amassing at a low price vast + bodies in their hands, the profit will accrue to them and not + to the public. They would also have the power in that degree + to control the emigration and settlement in such a manner as + their opinion of their respective interests might dictate. I + submit this subject to the consideration of Congress, that + such further provision may be made in the sale of the public + lands, with a view to the public interest, should any be + deemed expedient, as in their judgment may be best adapted to + the object. + </p> + <p> + When we consider the vast extent of territory within the + United States, the great amount and value of its productions, + the connection of its parts, and other circumstances on which + their prosperity and happiness depend, we can not fail to + entertain a high sense of the advantage to be derived from + the facility which may be afforded in the intercourse between + them by means of good roads and canals. Never did a country + of such vast extent offer equal inducements to improvements + of this kind, nor ever were consequences of such magnitude + involved in them. As this subject was acted on by Congress at + the last session, and there may be a disposition to revive it + at the present, I have brought it into view for the purpose + of communicating my sentiments on a very important + circumstance connected with it with that freedom and candor + which a regard for the public interest and a proper respect + for Congress require. A difference of opinion has existed + from the first formation of our Constitution to the present + time among our most enlightened and virtuous citizens + respecting the right of Congress to establish such a system + of improvement. Taking into view the trust with which I am + now honored, it would be improper after what has passed that + this discussion should be revived with an uncertainty of my + opinion respecting the right. Disregarding early impressions, + I have bestowed on the subject all the deliberation which its + great importance and a just sense of my duty required, and + the result is a settled conviction in my mind that Congress + do not possess the right. It is not contained in any of the + specified powers granted to Congress, nor can I consider it + incidental to or a necessary means, viewed on the most + liberal scale, for carrying into effect any of the powers + which are specifically granted. In communicating this result + I can not resist the obligation which I feel to suggest to + Congress the propriety of recommending to the States the + adoption of an amendment to the Constitution which shall give + to Congress the right in question. In cases of doubtful + construction, especially of such vital interest, it comports + with the nature and origin of our institutions, and will + contribute much to preserve them, to apply to our + constituents for an explicit grant of the power. We may + confidently rely that if it appears to their satisfaction + that the power is necessary, it will always be granted. + </p> + <p> + In this case I am happy to observe that experience has + afforded the most ample proof of its utility, and that the + benign spirit of conciliation and harmony which now manifests + itself throughout our Union promises to such a recommendation + the most prompt and favorable result. I think proper to + suggest also, in case this measure is adopted, that it be + recommended to the States to include in the amendment sought + a right in Congress to institute likewise seminaries of + learning, for the all-important purpose of diffusing + knowledge among our fellow-citizens throughout the United + States. + </p> + <p> + Our manufactories will require the continued attention of + Congress. The capital employed in them is considerable, and + the knowledge acquired in the machinery and fabric of all the + most useful manufactures is of great value. Their + preservation, which depends on due encouragement is connected + with the high interests of the nation. + </p> + <p> + Although the progress of the public buildings has been as + favorable as circumstances have permitted, it is to be + regretted that the Capitol is not yet in a state to receive + you. There is good cause to presume that the two wings, the + only parts as yet commenced, will be prepared for that + purpose at the next session. The time seems now to have + arrived when this subject may be deemed worthy the attention + of Congress on a scale adequate to national purposes. The + completion of the middle building will be necessary to the + convenient accommodation of Congress, of the committees, and + various offices belonging to it. It is evident that the other + public buildings are altogether insufficient for the + accommodation of the several Executive Departments, some of + whom are much crowded and even subjected to the necessity of + obtaining it in private buildings at some distance from the + head of the Department, and with inconvenience to the + management of the public business. Most nations have taken an + interest and a pride in the improvement and ornament of their + metropolis, and none were more conspicuous in that respect + than the ancient republics. The policy which dictated the + establishment of a permanent residence for the National + Government and the spirit in which it was commenced and has + been prosecuted show that such improvement was thought worthy + the attention of this nation. Its central position, between + the northern and southern extremes of our Union, and its + approach to the west at the head of a great navigable river + which interlocks with the Western waters, prove the wisdom of + the councils which established it. + </p> + <p> + Nothing appears to be more reasonable and proper than that + convenient accommodation should be provided on a + well-digested plan for the heads of the several Departments + and for the Attorney-General, and it is believed that the + public ground in the city applied to these objects will be + found amply sufficient. I submit this subject to the + consideration of Congress, that such further provision may be + made in it as to them may seem proper. + </p> + <p> + In contemplating the happy situation of the United States, + our attention is drawn with peculiar interest to the + surviving officers and soldiers of our Revolutionary army, + who so eminently contributed by their services to lay its + foundation. Most of those very meritorious citizens have paid + the debt of nature and gone to repose. It is believed that + among the survivors there are some not provided for by + existing laws, who are reduced to indigence and even to real + distress. These men have a claim on the gratitude of their + country, and it will do honor to their country to provide for + them. The lapse of a few years more and the opportunity will + be forever lost; indeed, so long already has been the + interval that the number to be benefited by any provision + which may be made will not be great. + </p> + <p> + It appearing in a satisfactory manner that the revenue + arising from imposts and tonnage and from the sale of the + public lands will be fully adequate to the support of the + civil Government, of the present military and naval + establishments, including the annual augmentation of the + latter to the extent provided for, to the payment of the + interest of the public debt, and to the extinguishment of it + at the times authorized, without the aid of the internal + taxes, I consider it my duty to recommend to Congress their + repeal. To impose taxes when the public exigencies require + them is an obligation of the most sacred character, + especially with a free people. The faithful fulfillment of it + is among the highest proofs of their virtue and capacity for + self-government. To dispense with taxes when it may be done + with perfect safety is equally the duty of their + representatives. In this instance we have the satisfaction to + know that they were imposed when the demand was imperious, + and have been sustained with exemplary fidelity. I have to + add that however gratifying it may be to me regarding the + prosperous and happy condition of our country to recommend + the repeal of these taxes at this time, I shall nevertheless + be attentive to events, and, should any future emergency + occur, be not less prompt to suggest such measures and + burdens as may then be requisite and proper. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + DECEMBER 2, 1817. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I submit to the Senate, for their consideration and advice, + the following treaties entered into with several of the + Indian tribes, to wit: + </p> + <p> + A treaty of peace and friendship made and concluded by + William Clark, Ninian Edwards, and Auguste Choteau, + commissioners on the part of the United States of America, + and the chiefs and warriors of the Menomene tribe or nation + of Indians, on the 30th of March, 1817, at St. Louis. + </p> + <p> + A treaty of peace and friendship made and concluded on the + 4th June, 1817, at St. Louis, by William Clark, Ninian + Edwards, and Auguste Choteau, commissioners on the part of + the United States of America, and the chiefs and warriors of + the Ottoes tribe of Indians. + </p> + <p> + A treaty of peace and friendship made and concluded on the + 5th June, 1817, at St. Louis, by William Clark, Ninian + Edwards, and Auguste Choteau, commissioners on the part of + the United States of America, and the chiefs and warriors of + the Poncarar tribe of Indians. + </p> + <p> + A treaty concluded at the Cherokee Agency on the 8th of July, + 1817, between Major-General Andrew Jackson, Joseph McMinn, + governor of the State of Tennessee, and General David + Meriwether, commissioners of the United States of America, of + the one part, and the chiefs, headmen, and warriors of the + Cherokee Nation east of the Mississippi River and the chiefs, + headmen, and warriors of the Cherokees on the Arkansas River, + and their deputies, John D. Chisholm and James Rogers. + </p> + <p> + A treaty concluded on the 29th day of September, 1817, at the + foot of the Rapids of the Miami of Lake Erie, between Lewis + Cass and Duncan McArthur, commissioners of the United States, + and the sachems, chiefs, and warriors of the Wyandot, Seneca, + Delaware, Shawnese, Potawatamies, Ottawas, and Chippewa + tribes of Indians. + </p> + <p> + The Wyandots and other tribes parties to the treaty lately + concluded with them have, by a deputation to this city, + requested permission to retain possession of such lands as + they actually cultivate and reside on, for the ensuing year. + They have also expressed a desire that the reservations made + in their favor should be enlarged, representing that they had + entered into the treaty in full confidence that that would be + done, preferring a reliance on the justice of the United + States for such extension rather than that the treaty should + fail. + </p> + <p> + The Wyandots claim an extension of their reservation to 16 + miles square, and the other tribes in a proportional degree. + Sufficient information is not now in the possession of the + Executive to enable it to decide how far it may be proper to + comply with the wishes of these tribes in the extent desired. + The necessary information may be obtained in the course of + the next year, and if they are permitted to remain in the + possession of the lands they cultivate during that time such + further extension of their reservations may be made by law at + the next session as justice and a liberal policy toward these + people may require. It is submitted to the consideration of + the Senate whether it may not be proper to annex to their + advice and consent for the ratification of the treaty a + declaration providing for the above objects. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + DECEMBER 11, 1817. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 15, 1817</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 8th of this month, I transmit, for the + information of the House, a report from the Secretary of + State, with the documents referred to in it, containing all + the information in the possession of the Executive which it + is proper to disclose, relative to certain persons who lately + took possession of Amelia Island and Galvezton. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 18, 1817. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate of the 11th + of this month, I transmit, for the information of the Senate, + a report from the Secretary of the Treasury, relating to the + progress made in surveying the several tracts of military + bounty lands appropriated by Congress for the late army of + the United States, and the time at which such survey will + probably be completed. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 22, 1817. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 11th of this month, requesting to be + informed of the present strength of the Army of the United + States, its distribution among the several military posts + which it is designed to protect, and its competency to + preserve and defend the fortifications amongst which it is + distributed, and to aid in constructing such other military + works, if any, as it may be deemed proper to erect for the + more effectual security of the United States and of the + Territories thereof, I now transmit a report from the + Secretary of War which contains the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 29, 1817. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 16th of + this month, requesting information touching the execution of + so much of the first article of the treaty of Ghent as + relates to the restitution of slaves, which has not + heretofore been communicated, I now transmit a report of the + Secretary of State on that subject. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 29, 1817. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 12th of this month, requesting to be + informed whether any, and which, of the Representatives in a + list thereto annexed have held offices since the 4th of March + last, designating the offices, the times of appointment and + acceptance, and whether they were at that time so held or + when they had been resigned, I now transmit a report from the + Secretary of State which contains the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 12, 1818</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The claim of the representatives of the late Caron de + Beaumarchais having been recommended to the favorable + consideration of the Legislature by my predecessor in his + message to Congress of the 31st of January last, and + concurring in the sentiments therein expressed, I now + transmit copies of a new representation relative to it + received by the Secretary of State from the minister of + France, and of a correspondence on the subject between the + minister of the United States at Paris and the Duke of + Richelieu, inclosed with that representation. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I have the satisfaction to inform Congress that the + establishment at Amelia Island has been suppressed, and + without the effusion of blood. The papers which explain this + transaction I now lay before Congress. + </p> + <p> + By the suppression of this establishment and of that at + Galveztown, which will soon follow; if it has not already + ceased to exist, there is good cause to believe that the + consummation of a project fraught with much injury to the + United States has been prevented. + </p> + <p> + When we consider the persons engaged in it, being adventurers + from different countries, with very few, if any, of the + native inhabitants of the Spanish colonies; the territory on + which the establishments were made—one on a portion of + that claimed by the United States westward of the + Mississippi, the other on a part of East Florida, a Province + in negotiation between the United States and Spain; the claim + of their leader as announced by his proclamation on taking + possession of Amelia Island, comprising the whole of both the + Floridas, without excepting that part of West Florida which + is incorporated into the State of Louisiana; their conduct + while in the possession of the island making it instrumental + to every species of contraband, and, in regard to slaves, of + the most odious and dangerous character, it may fairly be + concluded that if the enterprise had succeeded on the scale + on which it was formed much annoyance and injury would have + resulted from it to the United States. + </p> + <p> + Other circumstances were thought to be no less deserving of + attention. The institution of a government by foreign + adventurers in the island, distinct from the colonial + governments of Buenos Ayres, Venezuela, or Mexico, pretending + to sovereignty and exercising its highest offices, + particularly in granting commissions to privateers, were acts + which could not fail to draw after them the most serious + consequences. It was the duty of the Executive either to + extend to this establishment all the advantages of that + neutrality which the United States had proclaimed, and have + observed in favor of the colonies of Spain who, by the + strength of their own population and resources, had declared + their independence and were affording strong proof of their + ability to maintain it, or of making the discrimination which + circumstances required. + </p> + <p> + Had the first course been pursued, we should not only have + sanctioned all the unlawful claims and practices of this + pretended Government in regard to the United States, but have + countenanced a system of privateering in the Gulf of Mexico + and elsewhere the ill effects of which might, and probably + would, have been deeply and very extensively felt. + </p> + <p> + The path of duty was plain from the commencement, but it was + painful to enter upon it while the obligation could be + resisted. The law of 1811, lately published, and which it is + therefore proper now to mention, was considered applicable to + the case from the moment that the proclamation of the chief + of the enterprise was seen, and its obligation was daily + increased by other considerations of high importance already + mentioned, which were deemed sufficiently strong in + themselves to dictate the course which has been pursued. + </p> + <p> + Early intimation having been received of the dangerous + purposes of these adventurers, timely precautions were taken + by the establishment of a force near the St. Marys to prevent + their effect, or it is probable that it would have been more + sensibly felt. + </p> + <p> + To such establishments, made so near to our settlements in + the expectation of deriving aid from them, it is particularly + gratifying to find that very little encouragement was given. + The example so conspicuously displayed by our fellow-citizens + that their sympathies can not be perverted to improper + purposes, but that a love of country, the influence of moral + principles, and a respect for the laws are predominant with + them, is a sure pledge that all the very flattering + anticipations which have been formed of the success of our + institutions will be realized. This example has proved that + if our relations with foreign powers are to be changed it + must be done by the constituted authorities, who alone, + acting on a high responsibility, are competent to the + purpose, and until such change is thus made that our + fellow-citizens will respect the existing relations by a + faithful adherence to the laws which secure them. + </p> + <p> + Believing that this enterprise, though undertaken by persons + some of whom may have held commissions from some of the + colonies, was unauthorized by and unknown to the colonial + governments, full confidence is entertained that it will be + disclaimed by them, and that effectual measures will be taken + to prevent the abuse of their authority in all cases to the + injury of the United States. + </p> + <p> + For these injuries, especially those proceeding from Amelia + Island, Spain would be responsible if it was not manifest + that, though committed in the latter instance through her + territory, she was utterly unable to prevent them. Her + territory, however, ought not to be made instrumental, + through her inability to defend it, to purposes so injurious + to the United States. To a country over which she fails to + maintain her authority, and which she permits to be converted + to the annoyance of her neighbors, her jurisdiction for the + time necessarily ceases to exist. The territory of Spain will + nevertheless be respected so far as it may be done + consistently with the essential interests and safety of the + United States. In expelling these adventurers from these + posts it was not intended to make any conquest from Spain or + to injure in any degree the cause of the colonies. Care will + be taken that no part of the territory contemplated by the + law of 1811 shall be occupied by a foreign government of any + kind, or that injuries of the nature of those complained of + shall be repeated; but this, it is expected, will be provided + for with every other interest in a spirit of amity in the + negotiation now depending with the Government of Spain. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + JANUARY 13, 1818. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 23, 1818</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 9th of December last, requesting + information of what roads have been made or are in progress + under the authority of the Executive of the United States, + the States and Territories through which they pass or are + intended to pass, the periods when they were ordered to be + made, and how far they have been executed, I now communicate + a report from the Secretary of the Treasury, and likewise a + report from the Secretary of War, containing the information + which is desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 28, 1818</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 22d of + this month, requesting to be informed "in what manner the + troops in the service of the United States now operating + against the Seminole tribe of Indians have been subsisted, + whether by contract or otherwise, and whether they have been + furnished regularly with rations," I now transmit a report + from the Secretary of War containing the information + required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 29, 1818</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 23d of December last, requesting + information relative to the imprisonment and detention in + confinement of Richard W. Meade, a citizen of the United + States, I now transmit to the House a report from the + Secretary of State containing the information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 8th of + last month, requesting me to cause to be laid before it the + proceedings which may have been had under an act entitled "An + act for the gradual increase of the Navy of the United + States," specifying the number of ships put on the stocks and + of what class; the quantity of materials procured for + shipbuilding, and also the sums of money which may have been + paid out of the fund created by said act, and for what + objects; and likewise the contracts which may have been + entered into in execution of the act aforesaid on which + moneys may not yet have been advanced, I now transmit a + report of the Secretary of the Navy, accompanied by a report + from the Board of Commissioners of the Navy, with documents + which contain the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + FEBRUARY 2, 1818. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 6, 1818</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives a report of the + Secretary of State, in compliance with the resolution of said + House requesting information respecting the ratification of + the thirteenth article of the amendments to the Constitution + of the United States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 10, 1818</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + As the house appropriated for the President of the United + States will be finished this year, it is thought to merit the + attention of the Congress in what manner it should be + furnished and what measures ought to be adopted for the + safe-keeping of the furniture in future. All the public + furniture provided before 1814 having been destroyed with the + public buildings in that year, and little afterwards + procured, owing to the inadequacy of the appropriation, it + has become necessary to provide almost every article + requisite for such an establishment, whence the sum to be + expended will be much greater than at any former period. The + furniture in its kind and extent is thought to be an object + not less deserving attention than the building for which it + is intended. Both being national objects, each seems to have + an equal claim to legislative sanction. The disbursement of + the public money, too, ought, it is presumed, to be in like + manner provided for by law. The person who may happen to be + placed by the suffrage of his fellow-citizens in the high + trust, having no personal interest in these concerns, should + be exempted from undue responsibility respecting them. + </p> + <p> + For a building so extensive, intended for a purpose + exclusively national, in which in the furniture provided for + it a mingled regard is due to the simplicity and purity of + our institutions and to the character of the people who are + represented in it, the sum already appropriated has proved + altogether inadequate, The present is therefore a proper time + for Congress to take the subject into consideration, with a + view to all the objects claiming attention, and to regulate + it by law. On a knowledge of the furniture procured and the + sum expended for it a just estimate may be formed regarding + the extent of the building of what will still be wanting to + furnish the house. Many of the articles, being of a durable + nature, may be handed down through a long series of service, + and being of great value, such as plate, ought not to be left + altogether and at all times to the care of servants alone. It + seems to be advisable that a public agent Should be charged + with it during the occasional absences of the President, and + have authority to transfer it from one President to another, + and likewise to make reports of occasional deficiencies, as + the basis on which further provision should be made. + </p> + <p> + It may also merit consideration whether it may not be proper + to commit the care of the public buildings, particularly the + President's house and the Capitol, with the grounds belonging + to them, including likewise the furniture of the latter, in a + more special manner to a public agent. Hitherto the charge of + this valuable property seems to have been connected with the + structure of the buildings and committed to those employed in + it. This guard will necessarily cease when the buildings are + finished, at which time the interest in them will be + proportionably augmented. It is presumed that this trust is, + in a certain degree at least, incidental to the other duties + of the superintendent of the public buildings, but it may + merit consideration whether it will not be proper to charge + him with it more explicitly, and to give him authority to + employ one or more persons under him for these purposes. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 12, 1818</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I lay before the House of Representatives copies of two + communications received at the Department of State from the + minister of Great Britain, and submit to their consideration + the propriety of making such legislative provisions as may be + necessary for a compliance with the representations contained + in them. + </p> + <p> + By the express terms of that compact it was, when ratified by + the two Governments, to be in force for the term of four + years <i>from the day of its signature</i>. The revocation of + all the discriminating duties became, therefore, the + obligation of both Governments <i>from that day</i>, and it + is conceived that every individual who has been required to + pay, and who has paid, any of the extra duties revoked by the + convention has a just and lawful claim upon the respective + Governments for its return. From various accidents it has + happened that both here and in Great Britain the cessation of + the extra duties has been fixed to commence at different + times. It is desirable that Congress should pass an act + providing for the return of <i>all</i> the extra duties + <i>incompatible with the terms of the convention</i> which + have been levied upon British vessels or merchandise after + the 3d of July, 1815. The British Parliament have already set + the example of fixing that day for the cessation of the extra + duties of export by their act of 30th of June last, and the + minister of the United States in London is instructed to + require the extension of the same principle to <i>all</i> the + extra duties levied on vessels and merchandise of the United + States in the ports of Great Britain since that day. It is + not doubted that the British Government will comply with this + requisition, and that the act suggested may be passed by + Congress with full confidence that the reciprocal measure + will receive the sanction of the British Parliament. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 23, 1818</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate requesting me + to cause to be laid before them a statement of all the arms + and accouterments which have been manufactured at the + different armories of the United States, with the cost of + each stand, and the number delivered to each State, + respectively, under the act for arming the whole body of + militia, I now transmit a report from the Secretary of War, + with the documents marked A, B, and C, which, together with a + report to him from the Ordnance Department, contains the + information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 23, 1818</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 19th of + January, 1818, requesting information of measures which have + been taken in pursuance of so much of the act to authorize + the appointment of a surveyor for lands in the northern part + of the Mississippi Territory, passed the 3d of March, 1817, + as relates to the reservation of certain sections for the + purpose of laying out and establishing towns thereon, I now + transmit a report from the Secretary of the Treasury, which, + with the letters and charts referred to in it, contains all + the information which is desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 25, 1818</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The commissioners of the two Governments, under the fourth + article of the treaty of Ghent, having come to a decision + upon the questions submitted to them, I lay before Congress + copies of that decision, together with copies of the + declaration signed and reported by the commissioners of this + Government. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 27, 1818. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I communicate herewith to the House of Representatives a copy + of a letter from the governor of the State of South Carolina + to the Secretary of State, together with extracts from the + journals of proceedings in both branches of the legislature + of that Commonwealth, relative to a proposed amendment of the + Constitution, which letter and extracts are connected with + the subject of my communication to the House of the 6th + instant. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 28, 1818</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I lay before the House a report from the Secretary of State, + together with the papers relating to the claims of merchants + of the United States upon the Government of Naples, in + conformity with the resolution of the House of the 30th + January last. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 11, 1818</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate requesting + information respecting the requisitions that were made on the + contractors between the 1st of June and the 24th of December, + 1817, for deposits of provisions in advance at the several + posts on the frontiers of Georgia and the adjoining + territory, their conduct in compliance therewith, the amount + of money advanced to B. G. Orr, and the extent of his + failure, with a copy of the articles of contract entered into + with him, I now lay before the Senate a report from the + Secretary of War, which, with the documents accompanying it, + will afford the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 14, 1818</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 16th of + December and of the House of Representatives of the 24th of + February last, I lay before Congress a report of the + Secretary of State, and the papers referred to in it, + respecting the negotiation with the Government of Spain. To + explain fully the nature of the differences between the + United States and Spain and the conduct of the parties it has + been found necessary to go back to an early epoch. The recent + correspondence, with the documents accompanying it, will give + a full view of the whole subject, and place the conduct of + the United States in every stage and under every + circumstance, for justice, moderation, and a firm adherence + to their rights, on the high and honorable ground which it + has invariably sustained. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 16, 1818</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the United + States of the 31st of December last, requesting the President + to cause to be laid before them a statement of the + proceedings which may have been had under the act of Congress + passed on the 3d March, 1817, entitled "An act to set apart + and dispose of certain public lands for the encouragement and + cultivation of the vine and olive," I now transmit a report + from the Secretary of the Treasury, containing all the + information possessed by the Executive relating to the + proceedings under the said act. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 16, 1818</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the United + States of the 3d of February last, requesting the President + to cause to be laid before them "a statement of the progress + made under the act to provide for surveying the coast of the + United States, passed February 10, 1807, and any subsequent + acts on the same subject, and the expenses incurred thereby," + I transmit a report from the Secretary of the Treasury + containing the information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 19, 1818. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In the course of the last summer a negotiation was commenced + with the Government of the Netherlands with a view to the + revival and modification of the commercial treaty existing + between the two countries, adapted to their present + circumstances. + </p> + <p> + The report from the Secretary of State which I now lay before + Congress will show the obstacles which arose in the progress + of the conferences between the respective plenipotentiaries, + and which resulted in the agreement between them then to + refer the subject to the consideration of their respective + Governments. As the difficulties appear to be of a nature + which may, perhaps, for the present be more easily removed by + reciprocal legislative regulations, formed in the spirit of + amity and conciliation, than by conventional stipulations, + Congress may think it advisable to leave the subsisting + treaty in its present state, and to meet the liberal + exemption from discriminating tonnage duties which has been + conceded in the Netherlands to the vessels of the United + States by a similar exemption to the vessels of the + Netherlands which have arrived, or may hereafter arrive, in + our ports, commencing from the time when the exemption was + granted to the vessels of the United States. I would further + recommend to the consideration of Congress the expediency of + extending the benefit of the same regulation, to commence + from the passage of the law, to the vessels of Russia, + Hamburg, and Bremen, and of making it prospectively general + in favor of every nation in whose ports the vessels of the + United States are admitted on the same footing as their own. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 23, 1818</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I lay before the Senate a report from the Secretary of the + Navy, with the estimate of the expense which will be incurred + by the establishment of two dockyards for repairing vessels + of the largest size. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 25, 1818</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I now lay before Congress all the information in the + possession of the Executive respecting the war with the + Seminoles, and the measures which it has been thought proper + to adopt for the safety of our fellow-citizens on the + frontier exposed to their ravages. The inclosed documents + show that the hostilities of this tribe were unprovoked, the + offspring of a spirit long cherished and often manifested + toward the United States, and that in the present instance it + was extending itself to other tribes and daily assuming a + more serious aspect. As soon as the nature and object of this + combination were perceived the major-general commanding the + Southern division of the troops of the United States was + ordered to the theater of action, charged with the management + of the war and vested with the powers necessary to give it + effect. The season of the year being unfavorable to active + operations, and the recesses of the country affording shelter + to these savages in case of retreat, may prevent a prompt + termination of the war; but it may be fairly presumed that it + will not be long before this tribe and its associates receive + the punishment which they have provoked and justly merited. + </p> + <p> + As almost the whole of this tribe inhabits the country within + the limits of Florida, Spain was bound by the treaty of 1795 + to restrain them from committing hostilities against the + United States. We have seen with regret that her Government + has altogether failed to fulfill this obligation, nor are we + aware that it made any effort to that effect. When we + consider her utter inability to check, even in the slightest + degree, the movements of this tribe by her very small and + incompetent force in Florida, we are not disposed to ascribe + the failure to any other cause. The inability, however, of + Spain to maintain her authority over the territory and + Indians within her limits, and in consequence to fulfill the + treaty, ought not to expose the United States to other and + greater injuries. When the authority of Spain ceases to exist + there, the United States have a right to pursue their enemy + on a principle of self-defense. In this instance the right is + more complete and obvious because we shall perform only what + Spain was bound to have performed herself. To the high + obligations and privileges of this great and sacred right of + self-defense will the movement of our troops be strictly + confined. Orders have been given to the general in command + not to enter Florida unless it be in pursuit of the enemy, + and in that case to respect the Spanish authority wherever it + is maintained; and he will be instructed to withdraw his + forces from the Province as soon as he shall have reduced + that tribe to order, and secure our fellow-citizens in that + quarter by satisfactory arrangements against its unprovoked + and savage hostilities in future. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 25, 1818</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In conformity with the resolution of the House of + Representatives of the 5th of December last, I now transmit a + report of the Secretary of State, with a copy of the + documents which it is thought proper to communicate relating + to the independence and political condition of the Provinces + of Spanish America, + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 26, 1818</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives, in compliance + with their resolution of March 20, such information not + heretofore communicated as is in the possession of the + Executive relating to the occupation of Amelia Island. If any + doubt had before existed of the improper conduct of the + persons who authorized and of those who were engaged in the + invasion and previous occupancy of that island, of the + unfriendly spirit toward the United States with which it was + commenced and prosecuted, and of its injurious effect on + their highest interests, particularly by its tendency to + compromit them with foreign powers in all the unwarrantable + acts of the adventurers, it is presumed that these documents + would remove it. It appears by the letter of Mr. Pazos, agent + of Commodore Aury, that the project of seizing the Floridas + was formed and executed at a time when it was understood that + Spain had resolved to cede them to the United States, and to + prevent such cession from taking effect. The whole proceeding + in every stage and circumstance was unlawful. The commission + to General M'Gregor was granted at Philadelphia in direct + violation of a positive law, and all the measures pursued + under it by him in collecting his force and directing its + movements were equally unlawful. With the conduct of these + persons I have always been unwilling to connect any of the + colonial governments, because I never could believe that they + had given their sanction either to the project in its origin + or to the measures which were pursued in the execution of it. + These documents confirm the opinion which I have invariably + entertained and expressed in their favor. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 28, 1818</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate relative to the + pensioners of the United States, the sum annually paid to + each, and the States or Territories in which said pensioners + are respectively paid, I now transmit a report from the + Secretary of War, which, with documents marked A and B, + contains all the information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 6, 1818. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + An arrangement having been made and concluded between this + Government and that of Great Britain with respect to the + naval armament of the two Governments, respectively, on the + Lakes, I lay before the Senate a copy of the correspondence + upon that subject, including the stipulations mutually agreed + upon by the two parties. I submit it to the consideration of + the Senate whether this is such an arrangement as the + Executive is competent to enter into by the powers vested in + it by the Constitution, or is such an one as requires the + advice and consent of the Senate, and, in the latter case, + for their advice and consent should it be approved. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 9, 1818</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate requesting me + to cause to be laid before them a list of the names of the + several agents of Indian affairs and of agents of Indian + trading houses, with the pay and emolument of the agents, + respectively, I now transmit a report from the Secretary of + War, which contains the information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 10, 1818. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate respecting the + supplies of the Northwestern army, within certain periods + therein specified, by contractors, commissaries, and agents, + and the expense thereby incurred, I now transmit to them a + report from the Secretary of War, which, with the documents + accompanying it, will afford the information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 15, 1818</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 10th instant, relative to the capture + and imprisonment of certain persons, citizens of the United + States, therein specifically mentioned, I now transmit a + report from the Secretary of State, which, with the documents + accompanying it, embraces the objects contemplated by the + said resolution. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 20, 1818</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate a copy of the rules, regulations, + and instructions for the naval service of the United States, + prepared by the Board of Navy Commissioners in obedience to + an act of Congress passed 7th of February, 1815, entitled "An + act to alter and amend the several acts for establishing a + Navy Department by adding thereto a Board of Commissioners." + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by an act of the lieutenant-governor, council, and + assembly of His Britannic Majesty's Province of Nova Scotia, + passed in the year 1816, it was, among other things, enacted + that from and after the 1st day of May of that year "no + plaster of paris, otherwise called gypsum, which should be + laden or put on board any ship or vessel at any port or place + within the limits of the said Province to be transported from + thence to any other port or place within or without the said + limits should, directly or indirectly, be unladen or landed + or put on shore at any port or place in the United States of + America eastward of Boston, in the State of Massachusetts, + nor unladen or put on board any American ship, vessel, boat, + or shallop of any description at any port or place eastward + of Boston aforesaid, under the penalty of the forfeiture of + every such ship or vessel from which any such plaster of + paris, or gypsum, should be unladen contrary to the provision + of the said act, together with her boats, tackle, apparel, + and furniture, to be seized and prosecuted in the manner + thereinafter mentioned;" and + </p> + <p> + Whereas by an act of the Congress of the United States passed + on the 3d day of March, 1817, it was enacted that from and + after the 4th day of July then next no plaster of paris the + production of any country or its dependencies from which the + vessels of the United States were not permitted to bring the + same article should be imported into the United States in any + foreign vessel, and that all plaster of paris imported or + attempted to be imported into the United States contrary to + the true intent and meaning of the said act of Congress, and + the vessel in which the same might be imported or attempted + to be imported, together with the cargo, tackle, apparel, and + furniture, should be forfeited to the United States and + liable to be seized, prosecuted, and condemned in the manner + therein prescribed; and + </p> + <p> + Whereas by the said act of Congress it was further enacted + that the same should continue and be in force five years from + January 31, 1817; provided, nevertheless, that if any foreign + nation or its dependencies which at the time of the passage + of the said act of Congress had in force regulations on the + subject of the trade in plaster of paris prohibiting the + exportation thereof to certain ports of the United States + should discontinue such regulations, the President of the + United States was thereby authorized to declare that fact by + his proclamation, and the restrictions imposed by the said + act of Congress should from the date of such proclamation + cease and be discontinued in relation to the nation or its + dependencies discontinuing such regulations; and + </p> + <p> + Whereas an act of the lieutenant-governor, council, and + assembly of His Britannic Majesty's Province of Nova Scotia, + repealing the above-mentioned act of the said Province, + passed in the year 1816, has been officially communicated by + his said Majesty's envoy extraordinary and minister + plenipotentiary to this Government; and + </p> + <p> + Whereas by the said repealing act of the said Province of + Nova Scotia, one of the dependencies of the United Kingdom of + Great Britain and Ireland, the regulations at the time of the + passage of the said act of Congress in force in the said + Province on the subject of the trade in plaster of paris, + prohibiting the exportation thereof to certain ports of the + United States, have been and are discontinued: + </p> + <p> + Now, therefore, I, James Monroe, President of the United + States of America, do by this my proclamation declare that + fact, and that the restrictions imposed by the said act of + Congress do from the date hereof cease and are discontinued + in relation to His Britannic Majesty's said Province of Nova + Scotia. + </p> + <p> + Given under my hand, at the city of Washington, this 23d day + of April, A. D. 1818, and in the forty-second year of the + Independence of the United States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + <br> + By the President:<br> + John Quincy Adams<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas an arrangement was entered into at the city of + Washington in the month of April, A.D. 1817, between Richard + Rush, esq., at that time acting as Secretary for the + Department of State of the United States, for and in behalf + of the Government of the United States, and the Right + Honorable Charles Bagot, His Britannic Majesty's envoy + extraordinary and minister plenipotentiary, for and in behalf + of His Britannic Majesty, which arrangement is in the words + following, to wit: + </p> + <p class="q"> + The naval force to be maintained upon the American lakes by + His Majesty and the Government of the United States shall + henceforth be confined to the following vessels on each side; + that is— + </p> + <p class="q"> + On Lake Ontario, to one vessel not exceeding 100 tons burden + and armed with one 18-pound cannon. + </p> + <p class="q"> + On the upper lakes, to two vessels not exceeding like burden + each and armed with like force. + </p> + <p class="q"> + On the waters of Lake Champlain, to one vessel not exceeding + like burden and armed with like force. + </p> + <p class="q"> + All other armed vessels on these lakes shall be forthwith + dismantled, and no other vessels of war shall be there built + or armed. + </p> + <p class="q"> + If either party should hereafter be-desirous of annulling + this stipulation, and should give notice to that effect to + the other party, it shall cease to be binding after the + expiration of six months from the date of such notice. + </p> + <p class="q"> + The naval force so to be limited shall be restricted to such + services as will in no respect interfere with the proper + duties of the armed vessels of the other party. + </p> + <p> + And whereas the Senate of the United States have approved of + the said arrangement and recommended that it should be + carried into effect, the same having also received the + sanction of His Royal Highness the Prince Regent, acting in + the name and on the behalf of His Britannic Majesty: + </p> + <p> + Now, therefore, I, James Monroe, President of the United + States, do by this my proclamation make known and declare + that the arrangement aforesaid and every stipulation thereof + has been duly entered into, concluded, and confirmed, and is + of full force and effect. + </p> + <p> + Given under my hand, at the city of Washington, this 28th day + of April, A.D. 1818, and of the Independence of the United + States the forty-second. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + <br> + By the President:<br> + John Quincy Adams,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas it appears by a proclamation of the + lieutenant-governor of His Britannic Majesty's Province of + New Brunswick bearing date the 10th day of April last, and + officially communicated by his envoy extraordinary and + minister plenipotentiary residing in the United States to + this Government, that the regulations on the subject of the + trade in plaster of paris, prohibiting the exportation + thereof to certain ports of the United States, which were in + force in the said Province at the time of the enactment of + the act of the Congress of the United States entitled "An act + to regulate the trade in plaster of paris," passed on the 3d + day of March, 1817, have been and are discontinued: + </p> + <p> + Now, therefore, I, James Monroe, President of the United + States, do hereby declare that fact, and that the + restrictions imposed by the said act of Congress shall from + the date hereof cease and be discontinued in relation to the + said Province of New Brunswick. + </p> + <p> + Given under my hand, at the city of Washington, this 4th day + of July, A.D. 1818, and in the forty-third year of the + Independence of the United States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + <br> + By the President:<br> + John Quincy Adams,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by an act of the Congress of the United States of the + 3d of March, 1815, so much of the several acts imposing + duties on the ships and vessels and on goods, wares, and + merchandise imported into the United States as imposed a + discriminating duty of tonnage between foreign vessels and + vessels of the United States and between goods imported into + the United States in foreign vessels and vessels of the + United States were repealed so far as the same respected the + produce or manufacture of the nation to which such foreign + ship or vessel might belong, such repeal to take effect in + favor of any foreign nation whenever the President of the + United States should be satisfied that the discriminating or + countervailing duties of such foreign nation so far as they + operate to the disadvantage of the United States have been + abolished; and + </p> + <p> + Whereas satisfactory proof has been received by me from the + burgo-masters and senators of the free and Hanseatic city of + Bremen that from and after the 12th day of May, 1815, all + discriminating or countervailing duties of the said city so + far as they operated to the disadvantage of the United States + have been and are abolished: + </p> + <p> + Now, therefore, I, James Monroe, President of the United + States of America, do hereby declare and proclaim that so + much of the several acts imposing duties on the tonnage of + ships and vessels and on goods, wares, and merchandise + imported into the United States as imposed a discriminating + duty of tonnage between vessels of the free and Hanseatic + city of Bremen and vessels of the United States and between + goods imported into the United States in vessels of Bremen + and vessels of the United States are repealed so far as the + same respect the produce or manufacture of the said free + Hanseatic city of Bremen. + </p> + <p> + Given under my hand, at the city of Washington, this 24th day + of July, A.D. 1818, and the forty-third year of the + Independence of the United States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + <br> + By the President:<br> + John Quincy Adams,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by an act of the Congress of the United States of the + 3d of March, 1815, so much of the several acts imposing + duties on the ships and vessels and on goods, wares, and + merchandise imported into the United States as imposed a + discriminating duty of tonnage between foreign vessels and + vessels of the United States and between goods imported into + the United States in foreign vessels and vessels of the + United States were repealed so far as the same respected the + produce or manufacture of the nation to which such foreign + ship or vessel might belong, such repeal to take effect in + favor of any foreign nation whenever the President of the + United States should be satisfied that the discriminating or + countervailing duties of such foreign nation so far as they + operate to the disadvantage of the United States have been + abolished; and + </p> + <p> + Whereas satisfactory proof has been received by me from the + burgo-masters and senators of the free and Hanseatic city of + Hamburg that from and after the 13th day of November, 1815, + all discriminating and countervailing duties of the said city + so far as they operated to the disadvantage of the United + States have been and are abolished: + </p> + <p> + Now, therefore, I, James Monroe, President of the United + States of America, do hereby declare and proclaim that so + much of the several acts imposing duties on the tonnage of + ships and vessels and on goods, wares, and merchandise + imported into the United States as imposed a discriminating + duty of tonnage between vessels of the free and Hanseatic + city of Hamburg and vessels of the United States and between + goods imported into the United States in vessels of Hamburg + and vessels of the United States are repealed so far as the + same respect the produce or manufacture of the said free + Hanseatic city of Hamburg. + </p> + <p> + Given under my hand, at the city of Washington, this 1st day + of August, A.D. 1818, and the forty-third year of the + Independence of the United States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + <br> + By the President:<br> + John Quincy Adams,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SECOND ANNUAL MESSAGE. + </h2> + <p class="r"> + NOVEMBER 16, 1818. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + The auspicious circumstances under which you will commence + the duties of the present session will lighten the burdens + inseparable from the high trust committed to you. The fruits + of the earth have been unusually abundant, commerce has + flourished, the revenue has exceeded the most favorable + anticipation, and peace and amity are preserved with foreign + nations on conditions just and honorable to our country. For + these inestimable blessings we can not but be grateful to + that Providence which watches over the destiny of nations. + </p> + <p> + As the term limited for the operation of the commercial + convention with Great Britain will expire early in the month + of July next, and it was deemed important that there should + be no interval during which that portion of our commerce + which was provided for by that convention should not be + regulated, either by arrangement between the two Governments + or by the authority of Congress, the minister of the United + States at London was instructed early in the last summer to + invite the attention of the British Government to the + subject, with a view to that object. He was instructed to + propose also that the negotiation which it was wished to open + might extend to the general commerce of the two countries, + and to every other interest and unsettled difference between + them, particularly those relating to impressment, the + fisheries, and boundaries, in the hope that an arrangement + might be made on principles of reciprocal advantage which + might comprehend and provide in a satisfactory manner for all + these high concerns. I have the satisfaction to state that + the proposal was received by the British Government in the + spirit which prompted it, and that a negotiation has been + opened at London embracing all these objects. On full + consideration of the great extent and magnitude of the trust + it was thought proper to commit it to not less than two of + our distinguished citizens, and in consequence the envoy + extraordinary and minister plenipotentiary of the United + States at Paris has been associated with our envoy + extraordinary and minister plenipotentiary at London, to both + of whom corresponding instructions have been given, and they + are now engaged in the discharge of its duties. It is proper + to add that to prevent any inconvenience resulting from the + delay incident to a negotiation on so many important subjects + it was agreed before entering on it that the existing + convention should be continued for a term not less than eight + years. + </p> + <p> + Our relations with Spain remain nearly in the state in which + they were at the close of the last session. The convention of + 1802, providing for the adjustment of a certain portion of + the claims of our citizens for injuries sustained by + spoliation, and so long suspended by the Spanish Government, + has at length been ratified by it, but no arrangement has yet + been made for the payment of another portion of like claims, + not less extensive or well founded, or for other classes of + claims, or for the settlement of boundaries. These subjects + have again been brought under consideration in both + countries, but no agreement has been entered into respecting + them. In the meantime events have occurred which clearly + prove the ill effect of the policy which that Government has + so long pursued on the friendly relations of the two + countries, which it is presumed is at least of as much + importance to Spain as to the United States to maintain. A + state of things has existed in the Floridas the tendency of + which has been obvious to all who have paid the slightest + attention to the progress of affairs in that quarter. + Throughout the whole of those Provinces to which the Spanish + title extends the Government of Spain has scarcely been felt. + Its authority has been confined almost exclusively to the + walls of Pensacola and St. Augustine, within which only small + garrisons have been maintained. Adventurers from every + country, fugitives from justice, and absconding slaves have + found an asylum there. Several tribes of Indians, strong in + the number of their warriors, remarkable for their ferocity, + and whose settlements extend to our limits, inhabit those + Provinces. These different hordes of people, connected + together, disregarding on the one side the authority of + Spain, and protected on the other by an imaginary line which + separates Florida from the United States, have violated our + laws prohibiting the introduction of slaves, have practiced + various frauds on our revenue, and committed every kind of + outrage on our peaceable citizens which their proximity to us + enabled them to perpetrate. The invasion of Amelia Island + last year by a small band of adventurers, not exceeding 150 + in number, who wrested it from the inconsiderable Spanish + force stationed there, and held it several months, during + which a single feeble effort only was made to recover it, + which failed, clearly proves how completely extinct the + Spanish authority had become, as the conduct of those + adventurers while in possession of the island as distinctly + shows the pernicious purposes for which their combination had + been formed. + </p> + <p> + This country had, in fact, become the theater of every + species of lawless adventure. With little population of its + own, the Spanish authority almost extinct, and the colonial + governments in a state of revolution, having no pretension to + it, and sufficiently employed in their own concerns, it was + in a great measure derelict, and the object of cupidity to + every adventurer. A system of buccaneering was rapidly + organizing over it which menaced in its consequences the + lawful commerce of every nation, and particularly of the + United States, while it presented a temptation to every + people, on whose seduction its success principally depended. + In regard to the United States, the pernicious effect of this + unlawful combination was not confined to the ocean; the + Indian tribes have constituted the effective force in + Florida. With these tribes these adventurers had formed at an + early period a connection with a view to avail themselves of + that force to promote their own projects of accumulation and + aggrandizement. It is to the interference of some of these + adventurers, in misrepresenting the claims and titles of the + Indians to land and in practicing on their savage + propensities, that the Seminole war is principally to be + traced. Men who thus connect themselves with savage + communities and stimulate them to war, which is always + attended on their part with acts of barbarity the most + shocking, deserve to be viewed in a worse light than the + savages. They would certainly have no claim to an immunity + from the punishment which, according to the rules of warfare + practiced by the savages, might justly be inflicted on the + savages themselves. + </p> + <p> + If the embarrassments of Spain prevented her from making an + indemnity to our citizens for so long a time from her + treasury for their losses by spoliation and otherwise, it was + always in her power to have provided it by the cession of + this territory. Of this her Government has been repeatedly + apprised, and the cession was the more to have been + anticipated as Spain must have known that in ceding it she + would in effect cede what had become of little value to her, + and would likewise relieve herself from the important + obligation secured by the treaty of 1795 and all other + compromitments respecting it. If the United States, from + consideration of these embarrassments, declined pressing + their claims in a spirit of hostility, the motive ought at + least to have been duly appreciated by the Government of + Spain. It is well known to her Government that other powers + have made to the United States an indemnity for like losses + sustained by their citizens at the same epoch. + </p> + <p> + There is nevertheless a limit beyond which this spirit of + amity and forbearance can in no instance be justified. If it + was proper to rely on amicable negotiation for an indemnity + for losses, it would not have been so to have permitted the + inability of Spain to fulfill her engagements and to sustain + her authority in the Floridas to be perverted by foreign + adventurers and savages to purposes so destructive to the + lives of our fellow-citizens and the highest interests of the + United States. The right of self-defense never ceases. It is + among the most sacred, and alike necessary to nations and to + individuals, and whether the attack be made by Spain herself + or by those who abuse her power, its obligation is not the + less strong. The invaders of Amelia Island had assumed a + popular and respected title under which they might approach + and wound us. As their object was distinctly seen, and the + duty imposed on the Executive by an existing law was + profoundly felt, that mask was not permitted to protect them. + It was thought incumbent on the United States to suppress the + establishment, and it was accordingly done. The combination + in Florida for the unlawful purposes stated, the acts + perpetrated by that combination, and, above all, the + incitement of the Indians to massacre our fellow-citizens of + every age and of both sexes, merited a like treatment and + received it. In pursuing these savages to an imaginary line + in the woods it would have been the height of folly to have + suffered that line to protect them. Had that been done the + war could never cease. Even if the territory had been + exclusively that of Spain and her power complete over it, we + had a right by the law of nations to follow the enemy on it + and to subdue him there. But the territory belonged, in a + certain sense at least, to the savage enemy who inhabited it; + the power of Spain had ceased to exist over it, and + protection was sought under her title by those who had + committed on our citizens hostilities which she was bound by + treaty to have prevented, but had not the power to prevent. + To have stopped at that line would have given new + encouragement to these savages and new vigor to the whole + combination existing there in the prosecution of all its + pernicious purposes. + </p> + <p> + In suppressing the establishment at Amelia Island no + unfriendliness was manifested toward Spain, because the post + was taken from a force which had wrested it from her. The + measure, it is true, was not adopted in concert with the + Spanish Government or those in authority under it, because in + transactions connected with the war in which Spain and the + colonies are engaged it was thought proper in doing justice + to the United States to maintain a strict impartiality toward + both the belligerent parties without consulting or acting in + concert with either. It gives me pleasure to state that the + Governments of Buenos Ayres and Venezuela, whose names were + assumed, have explicitly disclaimed all participation in + those measures, and even the knowledge of them until + communicated by this Government, and have also expressed + their satisfaction that a course of proceedings had been + suppressed which if justly imputable to them would dishonor + their cause. + </p> + <p> + In authorizing Major-General Jackson to enter Florida in + pursuit of the Seminoles care was taken not to encroach on + the rights of Spain. I regret to have to add that in + executing this order facts were disclosed respecting the + conduct of the officers of Spain in authority there in + encouraging the war, furnishing munitions of war and other + supplies to carry it on, and in other acts not less marked + which evinced their participation in the hostile purposes of + that combination and justified the confidence with which it + inspired the savages that by those officers they would be + protected. A conduct so incompatible with the friendly + relations existing between the two countries, particularly + with the positive obligation of the fifth article of the + treaty of 1795, by which Spain was bound to restrain, even by + force, those savages from acts of hostility against the + United States, could not fail to excite surprise. The + commanding general was convinced that he should fail in his + object, that he should in effect accomplish nothing, if he + did not deprive those savages of the resource on which they + had calculated and of the protection on which they had relied + in making the war. As all the documents relating to this + occurrence will be laid before Congress, it is not necessary + to enter into further detail respecting it. + </p> + <p> + Although the reasons which induced Major-General Jackson to + take these posts were duly appreciated, there was + nevertheless no hesitation in deciding on the course which it + became the Government to pursue. As there was reason to + believe that the commanders of these posts had violated their + instructions, there was no disposition to impute to their + Government a conduct so unprovoked and hostile. An order was + in consequence issued to the general in command there to + deliver the posts—Pensacola unconditionally to any + person duly authorized to receive it, and St. Marks, which is + in the heart of the Indian country, on the arrival of a + competent force to defend it against those savages and their + associates. + </p> + <p> + In entering Florida to suppress this combination no idea was + entertained of hostility to Spain, and however justifiable + the commanding general was, in consequence of the misconduct + of the Spanish officers, in entering St. Marks and Pensacola + to terminate it by proving to the savages and their + associates that they should not be protected even there, yet + the amicable relations existing between the United States and + Spain could not be altered by that act alone. By ordering the + restitution of the posts those relations were preserved. To a + change of them the power of the Executive is deemed + incompetent; it is vested in Congress only. + </p> + <p> + By this measure, so promptly taken, due respect was shown to + the Government of Spain. The misconduct of her officers has + not been imputed to her. She was enabled to review with + candor her relations with the United States and her own + situation, particularly in respect to the territory in + question, with the dangers inseparable from it, and regarding + the losses we have sustained for which indemnity has been so + long withheld, and the injuries we have suffered through that + territory, and her means of redress, she was likewise enabled + to take with honor the course best calculated to do justice + to the United States and to promote her own welfare. + </p> + <p> + Copies of the instructions to the commanding general, of his + correspondence with the Secretary of War, explaining his + motives and justifying his conduct, with a copy of the + proceedings of the courts-martial in the trial of Arbuthnot + and Ambristie, and of the correspondence between the + Secretary of State and the minister plenipotentiary of Spain + near this Government, and of the minister plenipotentiary of + the United States at Madrid with the Government of Spain, + will be laid before Congress. + </p> + <p> + The civil war which has so long prevailed between Spain and + the Provinces in South America still continues, without any + prospect of its speedy termination. The information + respecting the condition of those countries which has been + collected by the commissioners recently returned from thence + will be laid before Congress in copies of their reports, with + such other information as has been received from other agents + of the United States. + </p> + <p> + It appears from these communications that the Government at + Buenos Ayres declared itself independent in July, 1816, + having previously exercised the power of an independent + government, though in the name of the King of Spain, from the + year 1810; that the Banda Oriental, Entre Rios, and Paraguay, + with the city of Santa Fee, all of which are also + independent, are unconnected with the present Government of + Buenos Ayres; that Chili has declared itself independent and + is closely connected with Buenos Ayres; that Venezuela has + also declared itself independent, and now maintains the + conflict with various success; and that the remaining parts + of South America, except Monte Video and such other portions + of the eastern bank of the La Plata as are held by Portugal, + are still in the possession of Spain or in a certain degree + under her influence. + </p> + <p> + By a circular note addressed by the ministers of Spain to the + allied powers, with whom they are respectively accredited, it + appears that the allies have undertaken to mediate between + Spain and the South American Provinces, and that the manner + and extent of their interposition would be settled by a + congress which was to have met at Aix-la-Chapelle in + September last. From the general policy and course of + proceeding observed by the allied powers in regard to this + contest it is inferred that they will confine their + interposition to the expression of their sentiments, + abstaining from the application of force. I state this + impression that force will not be applied with the greater + satisfaction because it is a course more consistent with + justice and likewise authorizes a hope that the calamities of + the war will be confined to the parties only, and will be of + shorter duration. + </p> + <p> + From the view taken of this subject, founded on all the + information that we have been able to obtain, there is good + cause to be satisfied with the course heretofore pursued by + the United States in regard to this contest, and to conclude + that it is proper to adhere to it, especially in the present + state of affairs. + </p> + <p> + I have great satisfaction in stating that our relations with + France, Russia, and other powers continue on the most + friendly basis. + </p> + <p> + In our domestic concerns we have ample cause of satisfaction. + The receipts into the Treasury during the three first + quarters of the year have exceeded $17,000,000. + </p> + <p> + After satisfying all the demands which have been made under + existing appropriations, including the final extinction of + the old 6 per cent stock and the redemption of a moiety of + the Louisiana debt, it is estimated that there will remain in + the Treasury on the 1st day of January next more than + $2,000,000. + </p> + <p> + It is ascertained that the gross revenue which has accrued + from the customs during the same period amounts to + $21,000,000, and that the revenue of the whole year may be + estimated at not less than $26,000,000. The sale of the + public lands during the year has also greatly exceeded, both + in quantity and price, that of any former year, and there is + just reason to expect a progressive improvement in that + source of revenue. + </p> + <p> + It is gratifying to know that although the annual expenditure + has been increased by the act of the last session of Congress + providing for Revolutionary pensions to an amount about equal + to the proceeds of the internal duties which were then + repealed, the revenue for the ensuing year will be + proportionally augmented, and that whilst the public + expenditure will probably remain stationary, each successive + year will add to the national resources by the ordinary + increase of our population and by the gradual development of + our latent sources of national prosperity. + </p> + <p> + The strict execution of the revenue laws, resulting + principally from the salutary provisions of the act of the + 20th of April last amending the several collection laws, has, + it is presumed, secured to domestic manufactures all the + relief that can be derived from the duties which have been + imposed upon foreign merchandise for their protection. Under + the influence of this relief several branches of this + important national interest have assumed greater activity, + and although it is hoped that others will gradually revive + and ultimately triumph over every obstacle, yet the + expediency of granting further protection is submitted to + your consideration. + </p> + <p> + The measures of defense authorized by existing laws have been + pursued with the zeal and activity due to so important an + object, and with all the dispatch practicable in so extensive + and great an undertaking. The survey of our maritime and + inland frontiers has been continued, and at the points where + it was decided to erect fortifications the work has been + commenced, and in some instances considerable progress has + been made. In compliance with resolutions of the last + session, the Board of Commissioners were directed to examine + in a particular manner the parts of the coast therein + designated and to report their opinion of the most suitable + sites for two naval depots. This work is in a train of + execution. The opinion of the Board on this subject, with a + plan of all the works necessary to a general system of + defense so far as it has been formed, will be laid before + Congress in a report from the proper department as soon as it + can be prepared. + </p> + <p> + In conformity with the appropriations of the last session, + treaties have been formed with the Quapaw tribe of Indians, + inhabiting the country on the Arkansaw, and with the Great + and Little Osages north of the White River; with the tribes + in the State of Indiana; with the several tribes within the + State of Ohio and the Michigan Territory, and with the + Chickasaws, by which very extensive cessions of territory + have been made to the United States. Negotiations are now + depending with the tribes in the Illinois Territory and with + the Choctaws, by which it is expected that other extensive + cessions will be made. I take great interest in stating that + the cessions already made, which are considered so important + to the United States, have been obtained on conditions very + satisfactory to the Indians. + </p> + <p> + With a view to the security of our inland frontiers, it has + been thought expedient to establish strong posts at the mouth + of Yellow Stone River and at the Mandan village on the + Missouri, and at the mouth of St. Peters on the Mississippi, + at no great distance from our northern boundaries. It can + hardly be presumed while such posts are maintained in the + rear of the Indian tribes that they will venture to attack + our peaceable inhabitants. A strong hope is entertained that + this measure will likewise be productive of much good to the + tribes themselves, especially in promoting the great object + of their civilization. Experience has clearly demonstrated + that independent savage communities can not long exist within + the limits of a civilized population. The progress of the + latter has almost invariably terminated in the extinction of + the former, especially of the tribes belonging to our portion + of this hemisphere, among whom loftiness of sentiment and + gallantry in action have been conspicuous. To civilize them, + and even to prevent their extinction, it seems to be + indispensable that their independence as communities should + cease, and that the control of the United States over them + should be complete and undisputed. The hunter state will then + be more easily abandoned, and recourse will be had to the + acquisition and culture of land and to other pursuits tending + to dissolve the ties which connect them together as a savage + community and to give a new character to every individual. I + present this subject to the consideration of Congress on the + presumption that it may be found expedient and practicable to + adopt some benevolent provisions, having these objects in + view, relative to the tribes within our settlements. + </p> + <p> + It has been necessary during the present year to maintain a + strong naval force in the Mediterranean and in the Gulf of + Mexico, and to send some public ships along the southern + coast and to the Pacific Ocean. By these means amicable + relations with the Barbary Powers have been preserved, our + commerce has been protected, and our rights respected. The + augmentation of our Navy is advancing with a steady progress + toward the limit contemplated by law. + </p> + <p> + I communicate with great satisfaction the accession of + another State (Illinois) to our Union, because I perceive + from the proof afforded by the additions already made the + regular progress and sure consummation of a policy of which + history affords no example, and of which the good effect can + not be too highly estimated. By extending our Government on + the principles of our Constitution over the vast territory + within our limits, on the Lakes and the Mississippi and its + numerous streams, new life and vigor are infused into every + part of our system. By increasing the number of the States + the confidence of the State governments in their own security + is increased and their jealousy of the National Government + proportionally diminished. The impracticability of one + consolidated government for this great and growing nation + will be more apparent and will be universally admitted. + Incapable of exercising local authority except for general + purposes, the General Government will no longer be dreaded. + In those cases of a local nature and for all the great + purposes for which it was instituted its authority will be + cherished. Each government will acquire new force and a + greater freedom of action within its proper sphere. Other + inestimable advantages will follow. Our produce will be + augmented to an incalculable amount in articles of the + greatest value for domestic use and foreign commerce. Our + navigation will in like degree be increased, and as the + shipping of the Atlantic States will be employed in the + transportation of the vast produce of the Western country, + even those parts of the United States which are most remote + from each other will be further bound together by the + strongest ties which mutual interest can create. + </p> + <p> + The situation of this District, it is thought, requires the + attention of Congress. By the Constitution the power of + legislation is exclusively vested in the Congress of the + United States. In the exercise of this power, in which the + people have no participation, Congress legislate in all cases + directly on the local concerns of the District. As this is a + departure, for a special purpose, from the general principles + of our system, it may merit consideration whether an + arrangement better adapted to the principles of our + Government and to the particular interests of the people may + not be devised which will neither infringe the Constitution + nor affect the object which the provision in question was + intended to secure. The growing population, already + considerable, and the increasing business of the District, + which it is believed already interferes with the + deliberations of Congress on great national concerns, furnish + additional motives for recommending this subject to your + consideration. + </p> + <p> + When we view the great blessings with which our country has + been favored, those which we now enjoy, and the means which + we possess of handing them down unimpaired to our latest + posterity, our attention is irresistibly drawn to the source + from whence they flow. Let us, then, unite in offering our + most grateful acknowledgments for these blessings to the + Divine Author of All Good. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + NOVEMBER 30, 1818. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I lay before the Senate, for their advice and consent, the + several treaties which have recently been made with the + Chickasaws, the Quapaws, the Wyandot, Seneca, Delaware, + Shawnese, Potawatamies, Ottawas, and Chippewas, the Peoria, + Kaskaskias, Mitchigamia, Cahokia, and Tamarois, the Great and + Little Osages, the Weas, Potawatamies, Delaware and Miami, + the Wyandot, and the four Pawnees tribes of Indians. + </p> + <p> + By reference to the journal of the commissioners it appears + that George and Levi Colbert have bargained and sold to the + United States the reservations made to them by the treaty of + September, 1816, and that a deed of trust of the same has + been made by them to James Jackson, of Nashville. I would + therefore suggest, in case the Chickasaw treaty be approved + by the Senate, the propriety of providing by law for the + payment of the sum stipulated to be given to them for their + reservations. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 2, 1818. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate copies of such of the documents + referred to in the message of the 17th of last month as have + been prepared since that period. They contain a copy of the + reports of Mr. Rodney and Mr. Graham, two of the + commissioners to South America, who returned first from the + mission, and of the papers connected with those reports. They + also present a full view of the operations of our troops + employed in the Seminole war in Florida. + </p> + <p> + It would have been gratifying to me to have communicated with + the message all the documents referred to in it, but as two + of our commissioners from South America made their reports a + few days only before the meeting of Congress and the third on + the day of its meeting, it was impossible to transmit at that + time more than one copy of the two reports first made. + </p> + <p> + The residue of the documents will be communicated as soon as + they are prepared. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 2, 1818</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of 25th of last + month, requesting to be furnished with such information as + may be possessed by the Executive touching the execution of + so much of the first article of the late treaty of peace and + amity between His Britannic Majesty and the United States as + relates to the restitution of slaves, and which has not + heretofore been communicated, I lay before the Senate a + report made by the Secretary of State on the 1st instant in + relation to that subject. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 2, 1818. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives copies of such + documents referred to in the message of the 17th ultimo as + have been prepared since that period. They present a full + view of the operations of our troops employed in the Seminole + war who entered Florida. + </p> + <p> + The residue of the documents, which are very voluminous, will + be transmitted as soon as they can be prepared. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 12, 1818. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 10th instant, I transmit a report of + the Secretary of War, with copies of the correspondence + between the governor of Georgia and Major-General Andrew + Jackson on the subject of the arrest of Captain Obed Wright. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 29, 1818. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I lay before the Senate, for their consideration, a + convention, signed at London on the 20th of October last, + between the United States and Great Britain, together with + the documents showing the course and progress of the + negotiation. I have to request that these documents, which + are original, may be returned when the Senate shall have + acted on the convention. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 31, 1818. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 24th instant, requesting me to lay + before it "copies of the correspondence, if any, between the + Department of War and the governor of Georgia, in answer to + the letter of the latter to the former dated on the 1st of + June of the present year, communicated to the House on the + 12th instant; and also the correspondence, if any, between + the Department of War and General Andrew Jackson, in answer + to the letter of the latter of the date 7th May, 1818, also + communicated to the House on the 12th instant," I transmit a + report from the Secretary of War, with a copy of an extract + of a letter from Major Van De Venter, chief clerk in the + Department of War, in reply to General Jackson's letter of + the 7th of May, 1818. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 31, 1818. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 7th instant, requesting me to lay + before it "the proceedings which have been had under the act + entitled 'An act for the gradual increase of the Navy of the + United States,' specifying the number of ships which have + been put on the stocks, and of what class, and the quantity + and kind of materials which have been procured in compliance + with the provisions of said act; and also the sums of money + which have been paid out of the fund created by the said act, + and for what objects; and likewise the contracts which have + been entered into in execution of said act on which moneys + may not yet have been advanced," I transmit a report from the + Acting Secretary of the Navy, together with a communication + from the Board of Navy Commissioners, which, with the + documents accompanying it, comprehends all the information + required by the House of Representatives. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 4, 1819</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress a proclamation, dated the 22d of last + month, of the convention made and concluded at Madrid between + the plenipotentiaries of the United States and His Catholic + Majesty on the 11th of August, 1802, the ratifications of + which were not exchanged until the 21st ultimo, together with + the translation of a letter from the minister of Spain to the + Secretary of State. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 4, 1819. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, in pursuance of their resolution of + the 30th of last month, requesting to be furnished with the + instructions, including that of the 28th of July, 1818, to + the plenipotentiaries of the United States who negotiated the + convention with His Britannic Majesty signed on the 20th day + of October in the same year, copies of all these + instructions, including that particularly referred to. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 11, 1819. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 5th + instant, requesting me "to cause to be laid before it a + statement of the effective force composing the military + establishment of the United States; also a statement of the + different posts and garrisons at and within which troops are + stationed, and the actual number of officers, noncommissioned + officers, and privates at each post and garrison, + respectively; also to designate in such statement the number + of artillerists and the number and caliber of ordnance at + each of the said posts and garrisons," I transmit a report + from the Secretary of War, which, with the documents + accompanying it, contains all the information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 29, 1819. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives, in compliance + with their resolution of the 4th of this month, a report from + the Secretary of State concerning the applications which have + been made by any of the independent Governments of South + America to have a minister or consul-general accredited by + the Government of the United States, with the answers of this + Government to the applications addressed to it. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 30, 1819. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 18th instant, requesting me to cause + any information not already communicated to be laid before + the House whether Amelia Island, St. Marks, and Pensacola yet + remain in the possession of the United States, and, if so, by + what laws the inhabitants are governed; whether articles + imported therein from foreign countries are subject to any, + and what, duties, and by what laws, and whether the said + duties are collected and how; whether vessels arriving in the + United States from Pensacola and Amelia Island, and in + Pensacola and Amelia Island from the United States, + respectively, are considered and treated as vessels arriving + from foreign countries, I transmit a report from the + Secretary of the Treasury, and likewise one from the + Secretary of War, which will afford all the information + requested by the House of Representatives. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 2, 1819. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I nominate John Overton, Newton Cannon, and Robert Weakly, of + Tennessee, as commissioners to negotiate with the Chickasaw + tribe of Indians for the cession of a tract of land 4 miles + square, including a salt spring, reserved to the said tribe + by the fourth article of a treaty concluded with the said + Indians on the 19th day of October, 1818. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 2, 1819. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 13th of + last month, requesting me "to cause to be laid before it a + statement showing the measures that have been taken to + collect the balances stated to be due from the several + supervisors and collectors of the old direct tax of two + millions; also a similar statement of the balances due from + the officers of the old internal revenue, and to designate in + such statement the persons who have been interested in the + collection of the said debts and the sums by them + respectively collected, and the time when the same were + collected," I transmit a report of the Secretary of the + Treasury, which, with the documents accompanying it, contains + all the information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 3, 1819</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress copies of applications received + from the minister of Great Britain in behalf of certain + British subjects who have suffered in their property by + proceedings to which the United States by their military and + judicial officers have been parties. These injuries have been + sustained under circumstances which appear to recommend + strongly to the attention of Congress the claim to indemnity + for the losses occasioned by them, which the legislative + authority is alone competent to provide. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 5, 1819. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 25th of + last month, requesting me "to cause to be laid before it a + copy of the rules and regulations adopted for the government + of the Military Academy at West Point; also how many cadets + have been admitted into the Academy, the time of the + residence of each cadet at that institution, and how many of + them have been appointed officers in the Army and Navy of the + United States," I transmit a report from the Secretary of + War, which, with the accompanying documents, will afford all + the information required by the said resolution. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 6, 1819</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress a copy of a letter from Governor Bibb + to Major-General Jackson, connected with the late military + operations in Florida. This letter has been mislaid, or it + would have been communicated with the other documents at the + commencement of the session. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 6, 1819. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress, for their consideration, applications + which have been received from the minister resident of + Prussia and from the senates of the free and Hanseatic cities + of Hamburg and Bremen, the object of which is that the + advantages secured by the act of Congress of 20th of April + last to the vessels and merchandise of the Netherlands should + be extended to those of Prussia, Hamburg, and Bremen. It will + appear from these documents that the vessels of the United + States and the merchandise laden in them are in the ports of + those Governments, respectively, entitled to the same + advantages in respect to imposts and duties as those of the + native subjects of the countries themselves. + </p> + <p> + The principle of reciprocity appears to entitle them to the + return of the same favor on the part of the United States, + and I recommend it to Congress that provision to that effect + may be made. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 22, 1819. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate a treaty of amity, settlement, and + limits between the United States of America and His Catholic + Majesty, concluded and signed this day, for the decision of + the Senate as to its ratification. Copies of the + correspondence between the Secretary of State and the + minister from Spain connected with this subject since the + renewal of the negotiation are likewise inclosed. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 26, 1819</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The treaty of amity, settlement, and limits between the + United States and His Catholic Majesty having been on the + part of the United States ratified, by and with the advice + and consent of the Senate, copies of it are now transmitted + to Congress. As the ratification on the part of Spain may be + expected to take place during the recess of Congress, I + recommend to their consideration the adoption of such + legislative measures contingent upon the event of the + exchange of the ratifications as may be necessary or + expedient for carrying the treaty into effect in the interval + between the sessions, and until Congress at their next + session may see fit to make further provision on the subject. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 2, 1819. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + A convention having been concluded between John C. Calhoun, + Secretary of War, especially authorized therefor by me, and + the chiefs and headmen of the Cherokee Nation of Indians, + likewise duly authorized and empowered by said nation, I now + lay the original instrument before the Senate for the + exercise of its constitutional power respecting the + ratification thereof. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + THIRD ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 7, 1819</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + The public buildings being advanced to a stage to afford + accommodation for Congress, I offer you my sincere + congratulations on the recommencement of your duties in the + Capitol. + </p> + <p> + In bringing to view the incidents most deserving attention + which have occurred since your last session, I regret to have + to state that several of our principal cities have suffered + by sickness, that an unusual drought has prevailed in the + Middle and Western States, and that a derangement has been + felt in some of our moneyed institutions which has + proportionably affected their credit. I am happy, however, to + have it in my power to assure you that the health of our + cities is now completely restored; that the produce of the + year, though less abundant than usual, will not only be amply + sufficient for home consumption, but afford a large surplus + for the supply of the wants of other nations, and that the + derangement in the circulating paper medium, by being left to + those remedies which its obvious causes suggested and the + good sense and virtue of our fellow-citizens supplied, has + diminished. + </p> + <p> + Having informed Congress, on the 27th of February last, that + a treaty of amity, settlement, and limits had been concluded + in this city between the United States and Spain, and + ratified by the competent authorities of the former, full + confidence was entertained that it would have been ratified + by His Catholic Majesty with equal promptitude and a like + earnest desire to terminate on the conditions of that treaty + the differences which had so long existed between the two + countries. Every view which the subject admitted of was + thought to have justified this conclusion. Great losses had + been sustained by citizens of the United States from Spanish + cruisers more than twenty years before, which had not been + redressed. These losses had been acknowledged and provided + for by a treaty as far back as the year 1802, which, although + concluded at Madrid, was not then ratified by the Government + of Spain, nor since, until the last year, when it was + suspended by the late treaty, a more satisfactory provision + to both parties, as was presumed, having been made for them. + Other differences had arisen in this long interval, affecting + their highest interests, which were likewise provided for by + this last treaty. The treaty itself was formed on great + consideration and a thorough knowledge of all circumstances, + the subject-matter of every article having been for years + under discussion and repeated references having been made by + the minister of Spain to his Government on the points + respecting which the greatest difference of opinion + prevailed. It was formed by a minister duly authorized for + the purpose, who had represented his Government in the United + States and been employed in this long-protracted negotiation + several years, and who, it is not denied, kept strictly + within the letter of his instructions. The faith of Spain was + therefore pledged, under circumstances of peculiar force and + solemnity, for its ratification. On the part of the United + States this treaty was evidently acceded to in a spirit of + conciliation and concession. The indemnity for injuries and + losses so long before sustained, and now again acknowledged + and provided for, was to be paid by them without becoming a + charge on the treasury of Spain. For territory ceded by Spain + other territory of great value, to which our claim was + believed to be well founded, was ceded by the United States, + and in a quarter more interesting to her. This cession was + nevertheless received as the means of indemnifying our + citizens in a considerable sum, the presumed amount of their + losses. Other considerations of great weight urged the + cession of this territory by Spain. It was surrounded by the + Territories of the United States on every side except on that + of the ocean. Spain had lost her authority over it, and, + falling into the hands of adventurers connected with the + savages, it was made the means of unceasing annoyance and + injury to our Union in many of its most essential interests. + By this cession, then, Spain ceded a territory in reality of + no value to her and obtained concessions of the highest + importance by the settlement of long-standing differences + with the United States affecting their respective claims and + limits, and likewise relieved herself from the obligation of + a treaty relating to it which she had failed to fulfill, and + also from the responsibility incident to the most flagrant + and pernicious abuses of her rights where she could not + support her authority. + </p> + <p> + It being known that the treaty was formed under these + circumstances, not a doubt was entertained that His Catholic + Majesty would have ratified it without delay. I regret to + have to state that this reasonable expectation has been + disappointed; that the treaty was not ratified within the + time stipulated and has not since been ratified. As it is + important that the nature and character of this unexpected + occurrence should be distinctly understood, I think it my + duty to communicate to you all the facts and circumstances in + my possession relating to it. + </p> + <p> + Anxious to prevent all future disagreement with Spain by + giving the most prompt effect to the treaty which had been + thus concluded, and particularly by the establishment of a + government in Florida which should preserve order there, the + minister of the United States who had been recently appointed + to His Catholic Majesty, and to whom the ratification by his + Government had been committed to be exchanged for that of + Spain, was instructed to transmit the latter to the + Department of State as soon as obtained, by a public ship + subjected to his order for the purpose. Unexpected delay + occurring in the ratification by Spain, he requested to be + informed of the cause. It was stated in reply that the great + importance of the subject, and a desire to obtain + explanations on certain points which were not specified, had + produced the delay, and that an envoy would be dispatched to + the United States to obtain such explanations of this + Government. The minister of the United States offered to give + full explanation on any point on which it might be desired, + which proposal was declined. Having communicated this result + to the Department of State in August last, he was instructed, + notwithstanding the disappointment and surprise which it + produced, to inform the Government of Spain that if the + treaty should be ratified and transmitted here at any time + before the meeting of Congress it would be received and have + the same effect as if it had been ratified in due time. This + order was executed, the authorized communication was made to + the Government of Spain, and by its answer, which has just + been received, we are officially made acquainted for the + first time with the causes which have prevented the + ratification of the treaty by His Catholic Majesty. It is + alleged by the minister of Spain that this Government had + attempted to alter one of the principal articles of the + treaty by a declaration which the minister of the United + States had been ordered to present when he should deliver the + ratification by his Government in exchange for that of Spain, + and of which he gave notice, explanatory of the sense in + which that article was understood. It is further alleged that + this Government had recently tolerated or protected an + expedition from the United States against the Province of + Texas, These two imputed acts are stated as the reasons which + have induced His Catholic Majesty to withhold his + ratification from the treaty, to obtain explanations + respecting which it is repeated that an envoy would be + forthwith dispatched to the United States. How far these + allegations will justify the conduct of the Government of + Spain will appear on a view of the following facts and the + evidence which supports them: + </p> + <p> + It will be seen by the documents transmitted herewith that + the declaration mentioned relates to a clause in the eighth + article concerning certain grants of land recently made by + His Catholic Majesty in Florida, which it was understood had + conveyed all the lands which till then had been ungranted; it + was the intention of the parties to annul these latter + grants, and that clause was drawn for that express purpose + and for none other. The date of these grants was unknown, but + it was understood to be posterior to that inserted in the + article; indeed, it must be obvious to all that if that + provision in the treaty had not the effect of annulling these + grants, it would be altogether nugatory. Immediately after + the treaty was concluded and ratified by this Government an + intimation was received that these grants were of anterior + date to that fixed on by the treaty and that they would not, + of course, be affected by it. The mere possibility of such a + case, so inconsistent with the intention of the parties and + the meaning of the article, induced this Government to demand + an explanation on the subject, which was immediately granted, + and which corresponds with this statement. With respect to + the other act alleged, that this Government had tolerated or + protected an expedition against Texas, it is utterly without + foundation. Every discountenance has invariably been given to + any such attempt from within the limits of the United States, + as is fully evinced by the acts of the Government and the + proceedings of the courts. There being cause, however, to + apprehend, in the course of the last summer, that some + adventurers entertained views of the kind suggested, the + attention of the constituted authorities in that quarter was + immediately drawn to them, and it is known that the project, + whatever it might be, has utterly failed. + </p> + <p> + These facts will, it is presumed, satisfy every impartial + mind that the Government of Spain had no justifiable cause + for declining to ratify the treaty. A treaty concluded in + conformity with instructions is obligatory, in good faith, in + all its stipulations, according to the true intent and + meaning of the parties. Each party is bound to ratify it. If + either could set it aside without the consent of the other, + there would be no longer any rules applicable to such + transactions between nations. By this proceeding the + Government of Spain has rendered to the United States a new + and very serious injury. It has been stated that a minister + would be sent to ask certain explanations of this Government; + but if such were desired, why were they not asked within the + time limited for the ratification? Is it contemplated to open + a new negotiation respecting any of the articles or + conditions of the treaty? If that were done, to what + consequences might it not lead? At what time and in what + manner would a new negotiation terminate? By this proceeding + Spain has formed a relation between the two countries which + will justify any measures on the part of the United States + which a strong sense of injury and a proper regard for the + rights and interests of the nation may dictate. + </p> + <p> + In the course to be pursued these objects should be + constantly held in view and have their due weight. Our + national honor must be maintained, and a new and a + distinguished proof be afforded of that regard for justice + and moderation which has invariably governed the councils of + this free people. It must be obvious to all that if the + United States had been desirous of making conquests, or had + been even willing to aggrandize themselves in that way, they + could have had no inducement to form this treaty. They would + have much cause for gratulation at the course which has been + pursued by Spain. An ample field for ambition is open before + them, but such a career is not consistent with the principles + of their Government nor the interests of the nation. + </p> + <p> + From a full view of all circumstances, it is submitted to the + consideration of Congress whether it will not be proper for + the United States to carry the conditions of the treaty into + effect in the same manner as if it had been ratified by + Spain, claiming on their part all its advantages and yielding + to Spain those secured to her. By pursuing this course we + shall rest on the sacred ground of right, sanctioned in the + most solemn manner by Spain herself by a treaty which she was + bound to ratify, for refusing to do which she must incur the + censure of other nations, even those most friendly to her, + while by confining ourselves within that limit we can not + fail to obtain their well-merited approbation. We must have + peace on a frontier where we have been so long disturbed; our + citizens must be indemnified for losses so long since + sustained, and for which indemnity has been so unjustly + withheld from them. Accomplishing these great objects, we + obtain all that is desirable. + </p> + <p> + But His Catholic Majesty has twice declared his determination + to send a minister to the United States to ask explanations + on certain points and to give them respecting his delay to + ratify the treaty. Shall we act by taking the ceded territory + and proceeding to execute the other conditions of the treaty + before this minister arrives and is heard? This is a case + which forms a strong appeal to the candor, the magnanimity, + and the honor of this people. Much is due to courtesy between + nations. By a short delay we shall lose nothing, for, resting + on the ground of immutable truth and justice, we can not be + diverted from our purpose. It ought to be presumed that the + explanations which may be given to the minister of Spain will + be satisfactory, and produce the desired result. In any + event, the delay for the purpose mentioned, being a further + manifestation of the sincere desire to terminate in the most + friendly manner all differences with Spain, can not fail to + be duly appreciated by His Catholic Majesty as well as by + other powers. It is submitted, therefore, whether it will not + be proper to make the law proposed for carrying the + conditions of the treaty into effect, should it be adopted, + contingent; to suspend its operation, upon the responsibility + of the Executive, in such manner as to afford an opportunity + for such friendly explanations as may be desired during the + present session of Congress. + </p> + <p> + I communicate to Congress a copy of the treaty and of the + instructions to the minister of the United States at Madrid + respecting it; of his correspondence with the minister of + Spain, and of such other documents as may be necessary to + give a full view of the subject. + </p> + <p> + In the course which the Spanish Government have on this + occasion thought proper to pursue it is satisfactory to know + that they have not been countenanced by any other European + power. On the contrary, the opinion and wishes both of France + and Great Britain have not been withheld either from the + United States or from Spain, and have been unequivocal in + favor of the ratification. There is also reason to believe + that the sentiments of the Imperial Government of Russia have + been the same, and that they have also been made known to the + cabinet of Madrid. + </p> + <p> + In the civil war existing between Spain and the Spanish + Provinces in this hemisphere the greatest care has been taken + to enforce the laws intended to preserve an impartial + neutrality. Our ports have continued to be equally open to + both parties and on the same conditions, and our citizens + have been equally restrained from interfering in favor of + either to the prejudice of the other. The progress of the + war, however, has operated manifestly in favor of the + colonies. Buenos Ayres still maintains unshaken the + independence which it declared in 1816, and has enjoyed since + 1810. Like success has also lately attended Chili and the + Provinces north of the La Plata bordering on it, and likewise + Venezuela. + </p> + <p> + This contest has from its commencement been very interesting + to other powers, and to none more so than to the United + States. A virtuous people may and will confine themselves + within the limit of a strict neutrality; but it is not in + their power to behold a conflict so vitally important to + their neighbors without the sensibility and sympathy which + naturally belong to such a case. It has been the steady + purpose of this Government to prevent that feeling leading to + excess, and it is very gratifying to have it in my power to + state that so strong has been the sense throughout the whole + community of what was due to the character and obligations of + the nation that very few examples of a contrary kind have + occurred. + </p> + <p> + The distance of the colonies from the parent country and the + great extent of their population and resources gave them + advantages which it was anticipated at a very early period + would be difficult for Spain to surmount. The steadiness, + consistency, and success with which they have pursued their + object, as evinced more particularly by the undisturbed + sovereignty which Buenos Ayres has so long enjoyed, evidently + give them a strong claim to the favorable consideration of + other nations. These sentiments on the part of the United + States have not been withheld from other powers, with whom it + is desirable to act in concert. Should it become manifest to + the world that the efforts of Spain to subdue these Provinces + will be fruitless, it may be presumed that the Spanish + Government itself will give up the contest. In producing such + a determination it can not be doubted that the opinion of + friendly powers who have taken no part in the controversy + will have their merited influence. + </p> + <p> + It is of the highest importance to our national character and + indispensable to the morality of our citizens that all + violations of our neutrality should be prevented. No door + should be left open for the evasion of our laws, no + opportunity afforded to any who may be disposed to take + advantage of it to compromit the interest or the honor of the + nation. It is submitted, therefore, to the consideration of + Congress whether it may not be advisable to revise the laws + with a view to this desirable result. + </p> + <p> + It is submitted also whether it may not be proper to + designate by law the several ports or places along the coast + at which only foreign ships of war and privateers may be + admitted. The difficulty of sustaining the regulations of our + commerce and of other important interests from abuse without + such designation furnishes a strong motive for this measure. + </p> + <p> + At the time of the negotiation for the renewal of the + commercial convention between the United States and Great + Britain a hope had been entertained that an article might + have been agreed upon mutually satisfactory to both + countries, regulating upon principles of justice and + reciprocity the commercial intercourse between the United + States and the British possessions as well in the West Indies + as upon the continent of North America. The plenipotentiaries + of the two Governments not having been able to come to an + agreement on this important interest, those of the United + States reserved for the consideration of this Government the + proposals which had been presented to them as the ultimate + offer on the part of the British Government, and which they + were not authorized to accept. On their transmission here + they were examined with due deliberation, the result of which + was a new effort to meet the views of the British Government. + The minister of the United States was instructed to make a + further proposal, which has not been accepted. It was, + however, declined in an amicable manner. I recommend to the + consideration of Congress whether further prohibitory + provisions in the laws relating to this intercourse may not + be expedient. It is seen with interest that although it has + not been practicable as yet to agree in any arrangement of + this important branch of their commerce, such is the + disposition of the parties that each will view any + regulations which the other may make respecting it in the + most friendly light. + </p> + <p> + By the fifth article of the convention concluded on the 20th + of October, 1818, it was stipulated that the differences + which have arisen between the two Governments with regard to + the true intent and meaning of the fifth article of the + treaty of Ghent, in relation to the carrying away by British + officers of slaves from the United States after the exchange + of the ratifications of the treaty of peace, should be + referred to the decision of some friendly sovereign or state + to be named for that purpose. The minister of the United + States has been instructed to name to the British Government + a foreign sovereign, the common friend to both parties, for + the decision of this question. The answer of that Government + to the proposal when received will indicate the further + measures to be pursued on the part of the United States. + </p> + <p> + Although the pecuniary embarrassments which affected various + parts of the Union during the latter part of the preceding + year have during the present been considerably augmented, and + still continue to exist, the receipts into the Treasury to + the 30th of September last have amounted to $19,000,000. + After defraying the current expenses of the Government, + including the interest and reimbursement of the public debt + payable to that period, amounting to $18,200,000, there + remained in the Treasury on that day more than $2,500,000, + which, with the sums receivable during the remainder of the + year, will exceed the current demands upon the Treasury for + the same period. + </p> + <p> + The causes which have tended to diminish the public receipts + could not fail to have a corresponding effect upon the + revenue which has accrued upon imposts and tonnage during the + three first quarters of the present year. It is, however, + ascertained that the duties which have been secured during + that period exceed $18,000,000, and those of the whole year + will probably amount to $23,000,000. + </p> + <p> + For the probable receipts of the next year I refer you to the + statements which will be transmitted from the Treasury, which + will enable you to judge whether further provision be + necessary. + </p> + <p> + The great reduction in the price of the principal articles of + domestic growth which has occurred during the present year, + and the consequent fall in the price of labor, apparently so + favorable to the success of domestic manufactures, have not + shielded them against other causes adverse to their + prosperity. The pecuniary embarrassments which have so deeply + affected the commercial interests of the nation have been no + less adverse to our manufacturing establishments in several + sections of the Union. + </p> + <p> + The great reduction of the currency which the banks have been + constrained to make in order to continue specie payments, and + the vitiated character of it where such reductions have not + been attempted, instead of placing within the reach of these + establishments the pecuniary aid necessary to avail + themselves of the advantages resulting from the reduction in + the prices of the raw materials and of labor, have compelled + the banks to withdraw from them a portion of the capital + heretofore advanced to them. That aid which has been refused + by the banks has not been obtained from other sources, owing + to the loss of individual confidence from the frequent + failures which have recently occurred in some of our + principal commercial cities. + </p> + <p> + An additional cause for the depression of these + establishments may probably be found in the pecuniary + embarrassments which have recently affected those countries + with which our commerce has been principally prosecuted. + Their manufactures, for the want of a ready or profitable + market at home, have been shipped by the manufacturers to the + United States, and in many instances sold at a price below + their current value at the place of manufacture. Although + this practice may from its nature be considered temporary or + contingent, it is not on that account less injurious in its + effects. Uniformity in the demand and price of an article is + highly desirable to the domestic manufacturer. + </p> + <p> + It is deemed of great importance to give encouragement to our + domestic manufacturers. In what manner the evils which have + been adverted to may be remedied, and how far it may be + practicable in other respects to afford to them further + encouragement, paying due regard to the other great interests + of the nation, is submitted to the wisdom of Congress. + </p> + <p> + The survey of the coast for the establishment of + fortifications is now nearly completed, and considerable + progress has been made in the collection of materials for the + construction of fortifications in the Gulf of Mexico and in + the Chesapeake Bay. The works on the eastern bank of the + Potomac below Alexandria and on the Pea Patch, in the + Delaware, are much advanced, and it is expected that the + fortifications at the Narrows, in the harbor of New York, + will be completed the present year. To derive all the + advantages contemplated from these fortifications it was + necessary that they should be judiciously posted, and + constructed with a view to permanence, The progress hitherto + has therefore been slow; but as the difficulties in parts + heretofore the least explored and known are surmounted, it + will in future be more rapid. As soon as the survey of the + coast is completed, which it is expected will be done early + in the next spring, the engineers employed in it will proceed + to examine for like purposes the northern and northwestern + frontiers. + </p> + <p> + The troops intended to occupy a station at the mouth of the + St. Peters, on the Mississippi, have established themselves + there, and those who were ordered to the mouth of the Yellow + Stone, on the Missouri, have ascended that river to the + Council Bluff, where they will remain until the next spring, + when they will proceed to the place of their destination. I + have the satisfaction to state that this measure has been + executed in amity with the Indian tribes, and that it + promises to produce, in regard to them, all the advantages + which were contemplated by it. + </p> + <p> + Much progress has likewise been made in the construction of + ships of war and in the collection of timber and other + materials for shipbuilding. It is not doubted that our Navy + will soon be augmented to the number and placed in all + respects on the footing provided for by law. + </p> + <p> + The Board, consisting of engineers and naval officers, have + not yet made their final report of sites for two naval + depots, as instructed according to the resolutions of March + 18 and April 20, 1818, but they have examined the coast + therein designated, and their report is expected in the next + month. + </p> + <p> + For the protection of our commerce in the Mediterranean, + along the southern Atlantic coast, in the Pacific and Indian + oceans, it has been found necessary to maintain a strong + naval force, which it seems proper for the present to + continue. There is much reason to believe that if any portion + of the squadron heretofore stationed in the Mediterranean + should be withdrawn our intercourse with the powers bordering + on that sea would be much interrupted, if not altogether + destroyed. Such, too, has been the growth of a spirit of + piracy in the other quarters mentioned, by adventurers from + every country, in abuse of the friendly flags which they have + assumed, that not to protect our commerce there would be to + abandon it as a prey to their rapacity. Due attention has + likewise been paid to the suppression of the slave trade, in + compliance with a law of the last session. Orders have been + given to the commanders of all our public ships to seize all + vessels navigated under our flag engaged in that trade, and + to bring them in to be proceeded against in the manner + prescribed by that law. It is hoped that these vigorous + measures, supported by like acts by other nations, will soon + terminate a commerce so disgraceful to the civilized world. + </p> + <p> + In the execution of the duty imposed by these acts, and of a + high trust connected with it, it is with deep regret I have + to state the loss which has been sustained by the death of + Commodore Perry. His gallantry in a brilliant exploit in the + late war added to the renown of his country. His death is + deplored as a national misfortune. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>December 7, 1819</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith to the Senate a collection of the + commercial regulations of the different foreign countries + with which the United States have commercial intercourse, + which has been compiled in compliance with the resolution of + the Senate of 3d March, 1817. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 14, 1819</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In conformity with the resolution of the House of + Representatives of the 24th of February last, I now transmit + a report of the Secretary of State, with extracts and copies + of several letters, touching the causes of the imprisonment + of William White, an American citizen, at Buenos Ayres. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 17, 1819</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Some doubt being entertained respecting the true intent and + meaning of the act of the last session entitled "An act in + addition to the acts prohibiting the slave trade," as to the + duties of the agents to be appointed on the coast of Africa, + I think it proper to state the interpretation which has been + given of the act and the measures adopted to carry it into + effect, that Congress may, should it be deemed advisable, + amend the same before further proceeding is had under it. + </p> + <p> + The obligation to instruct the commanders of all our armed + vessels to seize and bring into port all ships or vessels of + the United States, wheresoever found, having on board any + negro, mulatto, or person of color in violation of former + acts for the suppression of the slave trade, being + imperative, was executed without delay. No seizures have yet + been made, but as they were contemplated by the law, and + might be presumed, it seemed proper to make the necessary + regulations applicable to such seizures for carrying the + several provisions of the act into effect. + </p> + <p> + It is enjoined on the Executive to cause all negroes, + mulattoes, or persons of color who may be taken under the act + to be removed to Africa. It is the obvious import of the law + that none of the persons thus taken should remain within the + United States, and no place other than the coast of Africa + being designated, their removal or delivery, whether carried + from the United States or landed immediately from the vessels + in which they were taken, was supposed to be confined to that + coast. No settlement or station being specified, the whole + coast was thought to be left open for the selection of a + proper place at which the persons thus taken should be + delivered. The Executive is authorized to appoint one or more + agents residing there to receive such persons, and $100,000 + are appropriated for the general purposes of the law. + </p> + <p> + On due consideration of the several sections of the act, and + of its humane policy, it was supposed to be the intention of + Congress that all the persons above described who might be + taken under it and landed in Africa should be aided in their + return to their former homes, or in their establishment at or + near the place where landed. Some shelter and food would be + necessary for them there as soon as landed, let their + subsequent disposition be what it might. Should they be + landed without such provision having been previously made, + they might perish. + </p> + <p> + It was supposed, by the authority given to the Executive to + appoint agents residing on that coast, that they should + provide such shelter and food, and perform the other + beneficent and charitable offices contemplated by the act. + The coast of Africa having been little explored, and no + persons residing there who possessed the requisite + qualifications to entitle them to the trust being known to + the Executive, to none such could it be committed. It was + believed that citizens only who would go hence well + instructed in the views of their Government and zealous to + give them effect would be competent to these duties, and that + it was not the intention of the law to preclude their + appointment. It was obvious that the longer these persons + should be detained in the United States in the hands of the + marshals the greater would be the expense, and that for the + same term would the main purpose of the law be suspended. It + seemed, therefore, to be incumbent on me to make the + necessary arrangements for carrying this act into effect in + Africa in time to meet the delivery of any persons who might + be taken by the public vessels and landed there under it. + </p> + <p> + On this view of the policy and sanctions of the law it has + been decided to send a public ship to the coast of Africa + with two such agents, who will take with them tools and other + implements necessary for the purposes above mentioned. To + each of these agents a small salary has been + allowed—$1,500 to the principal and $1,200 to the + other. + </p> + <p> + All our public agents on the coast of Africa receive salaries + for their services, and it was understood that none of our + citizens possessing the requisite qualifications would accept + these trusts, by which they would be confined to parts the + least frequented and civilized, without a reasonable + compensation, Such allowance therefore seemed to be + indispensable to the execution of the act. It is intended + also to subject a portion of the sum appropriated to the + order of the principal agent for the special objects above + stated, amounting in the whole, including the salaries of the + agents for one year, to rather less than one third of the + appropriation. Special instructions will be given to these + agents, defining in precise terms their duties in regard to + the persons thus delivered to them, the disbursement of the + money by the principal agent, and his accountability for the + same. They will also have power to select the most suitable + place on the coast of Africa at which all persons who may be + taken under this act shall be delivered to them, with an + express injunction to exercise no power founded on the + principle of colonization or other power than that of + performing the benevolent offices above recited by the + permission and sanction of the existing government under + which they may establish themselves. Orders will be given to + the commander of the public ship in which they will sail to + cruise along the coast to give the more complete effect to + the principal object of the act. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 17, 1819</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In compliance with a resolution of Congress of the 27th + March, 1818, the journal, acts, and proceedings of the + convention which formed the present Constitution of the + United States have been published. The resolution directs + that 1,000 copies should be printed, of which one copy should + be furnished to each member of the Fifteenth Congress, and + the residue to be subject to the future disposition of + Congress. The number of copies sufficient to supply the + members of the late Congress having been reserved for that + purpose, the remainder are now deposited at the Department of + State subject to the order of Congress. The documents + mentioned in the resolution of the 27th March, 1818, are in + the process of publication. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 24, 1819</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + On the 23d of February. 1803, a message from the President of + the United States was transmitted to both Houses of Congress, + together with the report of the then Secretary of State, Mr. + Madison, upon the case of the Danish brigantine + <i>Henrick</i> and her cargo, belonging to citizens of + Hamburg, recommending the claim to the favorable + consideration of Congress. In February, 1805, it was again + presented by a message from the President to the + consideration of Congress, but has not since been + definitively acted upon. + </p> + <p> + The minister resident from Denmark and the consul-general + from Hamburg having recently renewed applications in behalf + of the respective owners of the vessel and cargo, I transmit + herewith copies of their communications for the further + consideration of the Legislature, upon whose files all the + documents relating to the claim are still existing. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 31, 1819. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, for its advice and consent as to + the ratification, three treaties which have been concluded in + the course of the present year with the Kickapoos, the + Chippaways, and the Kickapoos of the Vermillion by + commissioners who were duly authorized for the purpose. + </p> + <p> + With the Chippaways there is a supplementary article + stipulating certain advantages in their favor on condition + that the same shall be ratified by the Executive, with the + advice and consent of the Senate, which I likewise submit to + your consideration. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 8, 1820</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 14th December, 1819, requesting me to + cause to be laid before it any information I may possess + respecting certain executions which have been inflicted in + the Army of the United States since the year 1815 contrary to + the laws and regulations provided for the government of the + same, I transmit a report from the Secretary of War + containing a detailed account in relation to the object of + the said resolution. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 8, 1820</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 20th of + January, 1819, requesting me "to cause a report to be laid + before them at their next session of such facts as may be + within the means of the Government to obtain shewing how far + it may be expedient or not to provide by law for clothing the + Army with articles manufactured in the United States," I + transmit a report from the Secretary of War, which, with the + accompanying documents, comprehends all the information + required by the Senate in their resolution aforesaid. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 19, 1820</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives requesting me "to lay before it at as early a + day as may be convenient an account of the expenditure of the + several sums appropriated for building fortifications from + the year 1816 to the year 1819, inclusive, indicating the + places at which works of defense have been begun, the + magnitude of the works contemplated at each place, their + present condition, the amount already expended, and the + estimated amount requisite for the completion of each, also + the mode by which the fortifications are built, by contract + or otherwise," I now transmit to the House a report from the + Secretary of War, to whom the said resolution was referred, + which, with the documents accompanying it, contains all the + information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 8, 1820</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In conformity with a resolution of the House of + Representatives of the 24th January, 1820, requesting me "to + inform the House what loans, if any, have been made since the + peace, to private citizens, of powder, lead, and other + munitions belonging to the Government by officers of any + department of the Army or Navy, specifying the times, terms, + objects, and extent of such loans, the names of the persons + by whom and to whom made, the different times of repayment, + and also the amount of the ultimate loss, if any, likely to + be incurred by the Government in consequence thereof," I now + transmit a report from the Secretary of War, which, with the + accompanying documents, contains all the information that can + be furnished on the subject. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 1, 1820</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 4th of February last, requesting to be + informed what progress has been made in surveying certain + parts of the coast of North Carolina and in ascertaining the + latitude and longitude of the extreme points of Cape + Hatteras, Cape Look Out, and Cape Fear, according to a + resolution of the 19th of January, 1819, I have to state that + it is intended to carry the resolution of the 19th of March + into effect in the present year. The cooperation of the Board + of Engineers with Naval Commissioners being necessary in + executing that duty, and the Board having been engaged last + year in surveying the eastern coast of our Union, it would + have interfered with previous arrangements and been attended + with increased expense had they been withdrawn from it. The + Board will, however, be employed during the present summer in + the regular execution of its duties in the survey of the + coast of North Carolina, when instructions will be given it + to afford the necessary aid to carry the resolution of the + 19th of January of the last year into effect. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 4, 1820</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, in pursuance of their resolution of + the 4th of January last, a report from the Secretary of + State, with a list of fines incurred under the act of + Congress entitled "An act in addition to the act for the + punishment of certain crimes against the United States," + which appear from the records of the Department of State to + have been remitted by the Executive authority of the United + States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 8, 1820</i>. + </p> + <p> + The PRESIDENT PRO TEMPORE OF THE SENATE: + </p> + <p> + I transmit to the Senate copies of sundry papers having + relation to the treaty of 22d February, 1819, between the + United States and Spain, which have been received at the + Department of State, and have not before been communicated to + the Senate. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 8, 1820</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress a report from the Secretary of the + Treasury, which, with the accompanying documents, will shew + that the act of the 20th May, 1812, respecting the northern + and western boundaries of the State of Ohio, has been + executed. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 17, 1820</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + It being stipulated by the fourth article of the articles of + agreement and cession entered into on the 24th of April, + 1802, with the State of Georgia that the United States should + at their own expense extinguish for the use of that State, as + soon as it might be done on reasonable terms, the Indian + title to all the lands within its limits, and the legislature + of Georgia being desirous to make a further acquisition of + said lands at this time, presuming that it may be done on + reasonable terms; and it being also represented that property + of considerable value which had been taken by the Creek and + Cherokee Indians from citizens of Georgia, the restoration of + which had been provided for by different treaties, but which + has never been made, it is proposed to hold a treaty with + those nations, and more particularly with the Creeks, in the + course of this summer. For the attainment of these objects I + submit the subject to the consideration of Congress, that a + sum adequate to the expenses attending such treaty may be + appropriated should Congress deem it expedient. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 20, 1820</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 16th of + February, 1820, requesting me to cause to be laid before it + "abstracts of the bonds or other securities given under the + laws of the United States by the collectors of the customs, + receivers of public moneys for lands, and registers of public + lands, paymasters in the Army, and pursers in the Navy, who + are now in office, or who have heretofore been in office, and + whose accounts remain unsettled, together with a statement of + such other facts as may tend to shew the expediency or + inexpediency of so far altering the laws respecting such + officers that they may hereafter be appointed for limited + periods, subject to removal as heretofore," I transmit to the + Senate a report from the Secretary of the Treasury, which, + with the documents accompanying it, will afford all the + information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 27, 1820</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress an extract of a letter from the + minister plenipotentiary of the United States at St. + Petersburg, of the 1st of November last, on the subject of + our relations with Spain, indicating the sentiments of the + Emperor of Russia respecting the nonratification by His + Catholic Majesty of the treaty lately concluded between the + United States and Spain, and the strong interest which His + Imperial Majesty takes in promoting the ratification of that + treaty. Of this friendly disposition the most satisfactory + assurance has been since given directly to this Government by + the minister of Russia residing here. + </p> + <p> + I transmit also to Congress an extract of a letter from the + minister plenipotentiary of the United States at Madrid of a + later date than those heretofore communicated, by which it + appears that, at the instance of the chargé d'affaires + of the Emperor of Russia, a new pledge had been given by the + Spanish Government that the minister who had been lately + appointed to the United States should set out on his mission + without delay, with full power to settle all differences in a + manner satisfactory to the parties. + </p> + <p> + I have further to state that the Governments of France and + Great Britain continue to manifest the sentiments heretofore + communicated respecting the nonratification of the treaty by + Spain, and to interpose their good offices to promote its + ratification. + </p> + <p> + It is proper to add that the Governments of France and Russia + have expressed an earnest desire that the United States would + take no steps for the present on the principle of reprisal + which might possibly tend to disturb the peace between the + United States and Spain. There is good cause to presume from + the delicate manner in which this sentiment has been conveyed + that it is founded in a belief as well as a desire that our + just objects may be accomplished without the hazard of such + an extremity. + </p> + <p> + On full consideration of all these circumstances, I have + thought it my duty to submit to Congress whether it will not + be advisable to postpone a decision on the questions now + depending with Spain until the next session. The distress of + that nation at this juncture affords a motive for this + forbearance which can not fail to be duly appreciated. Under + such circumstances the attention of the Spanish Government + may be diverted from its foreign concerns, and the arrival of + a minister here be longer delayed. I am the more induced to + suggest this course of proceeding from a knowledge that, + while we shall thereby make a just return to the powers whose + good offices have been acknowledged, and increase by a new + and signal proof of moderation our claims on Spain, our + attitude in regard to her will not be less favorable at the + next session than it is at the present. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 9, 1820</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress a correspondence which has taken + place between the Secretary of State and the envoy + extraordinary and minister plenipotentiary of His Catholic + Majesty since the message of the 27th March last, respecting + the treaty which was concluded between the United States and + Spain on the 22d February, 1819. + </p> + <p> + After the failure of His Catholic Majesty for so long a time + to ratify the treaty, it was expected that this minister + would have brought with him the ratification, or that he + would have been authorized to give an order for the delivery + of the territory ceded by it to the United States. It + appears, however, that the treaty is still unratified and + that the minister has no authority to surrender the + territory. The object of his mission has been to make + complaints and to demand explanations respecting an imputed + system of hostility on the part of citizens of the United + States against the subjects and dominions of Spain, and an + unfriendly policy in their Government, and to obtain new + stipulations against these alleged injuries as the condition + on which the treaty should be ratified. + </p> + <p> + Unexpected as such complaints and such a demand were under + existing circumstances, it was thought proper, without + compromising the Government as to the course to be pursued, + to meet them promptly and to give the explanations that were + desired on every subject with the utmost candor. The result + has proved what was sufficiently well known before, that the + charge of a systematic hostility being adopted and pursued by + citizens of the United States against the dominions and + subjects of Spain is utterly destitute of foundation, and + that their Government in all its branches has maintained with + the utmost rigor that neutrality in the civil war between + Spain and the colonies which they were the first to declare. + No force has been collected nor incursions made from within + the United States against the dominions of Spain, nor have + any naval equipments been permitted in favor of either party + against the other. Their citizens have been warned of the + obligations incident to the neutral condition of their + country; their public officers have been instructed to see + that the laws were faithfully executed, and severe examples + have been made of some who violated them. + </p> + <p> + In regard to the stipulation proposed as the condition of the + ratification of the treaty, that the United States shall + abandon the right to recognize the revolutionary colonies in + South America, or to form other relations with them when in + their judgment it may be just and expedient so to do, it is + manifestly so repugnant to the honor and even to the + independence of the United States that it has been impossible + to discuss it. In making this proposal it is perceived that + His Catholic Majesty has entirely misconceived the principles + on which this Government has acted in being a party to a + negotiation so long protracted for claims so well founded and + reasonable, as he likewise has the sacrifices which the + United States have made, comparatively, with Spain in the + treaty to which it is proposed to annex so extraordinary and + improper a condition. + </p> + <p> + Had the minister of Spain offered an unqualified pledge that + the treaty should be ratified by his Sovereign on being made + acquainted with the explanations which had been given by this + Government, there would have been a strong motive for + accepting and submitting it to the Senate for their advice + and consent, rather than to resort to other measures for + redress, however justifiable and proper; but he gives no such + pledge; oil the contrary, he declares explicitly that the + refusal of this Government to relinquish the right of judging + and acting for itself hereafter, according to circumstances, + in regard to the Spanish colonies, a right common to all + nations, has rendered it impossible for him under his + instructions to make such engagement. He thinks that his + Sovereign will be induced by his communications to ratify the + treaty, but still he leaves him free either to adopt that + measure or to decline it. He admits that the other objections + are essentially removed and will not in themselves prevent + the ratification, provided the difficulty on the third point + is surmounted. The result, therefore, is that the treaty is + declared to have no obligation whatever; that its + ratification is made to depend not on the considerations + which led to its adoption and the conditions which it + contains, but on a new article unconnected with it, + respecting which a new negotiation must be opened, of + indefinite duration and doubtful issue. + </p> + <p> + Under this view of the subject the course to be pursued would + appear to be direct and obvious if the affairs of Spain had + remained in the state in which they were when this minister + sailed. But it is known that an important change has since + taken place in the Government of that country which can not + fail to be sensibly felt in its intercourse with other + nations. The minister of Spain has essentially declared his + inability to act in consequence of that change. With him, + however, under his present powers nothing could be done. The + attitude of the United States must now be assumed on full + consideration of what is due to their rights, their interest + and honor, without regard to the powers or incidents of the + late mission. We may at pleasure occupy the territory which + was intended and provided by the late treaty as an indemnity + for losses so long since sustained by our citizens; but + still, nothing could be settled definitively without a treaty + between the two nations. Is this the time to make the + pressure? If the United States were governed by views of + ambition and aggrandizement, many strong reasons might be + given in its favor; but they have no objects of that kind to + accomplish, none which are not founded in justice and which + can be injured by forbearance. Great hope is entertained that + this change will promote the happiness of the Spanish nation. + The good order, moderation, and humanity which have + characterized the movement are the best guaranties of its + success. + </p> + <p> + The United States would not be justified in their own + estimation should they take any step to disturb its harmony. + When the Spanish Government is completely organized on the + principles of this change, as it is expected it soon will be, + there is just ground to presume that our differences with + Spain will be speedily and satisfactorily settled. + </p> + <p> + With these remarks I submit it to the wisdom of Congress + whether it will not still be advisable to postpone any + decision on this subject until the next session. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 11, 1820</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith to the Senate a report from the Secretary + of State, together with the returns of causes depending in + the courts of the United States, collected conformably to a + resolution of the Senate of the 18th of January, 1819. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 12, 1820</i>. + </p> + <p> + The SPEAKER OF THE HOUSE OF REPRESENTATIVES: + </p> + <p> + I transmit to the House of Representatives a report from the + Secretary of State, with the document prepared in pursuance + of a resolution of the House of the 14th ultimo, on the + subject of claims of citizens of the United States for + Spanish spoliations upon their property and commerce. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by an act of the Congress of the United States of the + 3d of March, 1815, so much of the several acts imposing + duties on the ships and vessels and on goods, wares, and + merchandise imported into the United States as imposed a + discriminating duty of tonnage between foreign vessels and + vessels of the United States and between goods imported into + the United States in foreign vessels and vessels of the + United States were repealed so far as the same respected the + produce or manufacture of the nation to which such foreign + ship or vessel might belong, such repeal to take effect in + favor of any foreign nation whenever the President of the + United States should be satisfied that the discriminating or + countervailing duties of such foreign nation so far as they + operate to the disadvantage of the United States have been + abolished; and + </p> + <p> + Whereas satisfactory proof has been received by me from the + burgo-masters and senate of the free and Hanseatic city of + Lubeck that from and after the 30th day of October, 1819, all + discriminating or countervailing duties of the said city so + far as they operated to the disadvantage of the United States + have been and are abolished: + </p> + <p> + Now, therefore, I, James Monroe, President of the United + States of America, do hereby declare and proclaim that so + much of the several acts imposing duties on the tonnage of + ships and vessels and on goods, wares, and merchandise + imported into the United States as imposed a discriminating + duty of tonnage between vessels of the free and Hanseatic + city of Lubeck and vessels of the United States and between + goods imported into the United States in vessels of Lubeck + and vessels of the United States are repealed so far as the + same respect the produce or manufacture of the said free + Hanseatic city of Lubeck. + </p> + <p> + [SEAL.] + </p> + <p> + Given under my hand, at the city of Washington, this 4th day + of May, A.D. 1820, and forty-fourth year of the Independence + of the United states. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + <br> + By the President:<br> + JOHN QUINCY ADAMS,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FOURTH ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>November 14, 1820</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + In communicating to you a just view of public affairs at the + commencement of your present labors, I do it with great + satisfaction, because, taking all circumstances into + consideration which claim attention, I see much cause to + rejoice in the felicity of our situation. In making this + remark I do not wish to be understood to imply that an + unvaried prosperity is to be seen in every interest of this + great community. In the progress of a nation inhabiting a + territory of such vast extent and great variety of climate, + every portion of which is engaged in foreign commerce and + liable to be affected in some degree by the changes which + occur in the condition and regulations of foreign countries, + it would be strange if the produce of our soil and the + industry and enterprise of our fellow-citizens received at + all times and in every quarter an uniform and equal + encouragement. This would be more than we would have a right + to expect under circumstances the most favorable. Pressures + on certain interests, it is admitted, have been felt; but + allowing to these their greatest extent, they detract but + little from the force of the remarks already made. In forming + a just estimate of our present situation it is proper to look + at the whole in the outline as well as in the detail. A free, + virtuous, and enlightened people know well the great + principles and causes on which their happiness depends, and + even those who suffer most occasionally in their transitory + concerns find great relief under their sufferings from the + blessings which they otherwise enjoy and in the consoling and + animating hope which they administer. From whence do these + pressures come? Not from a government which is founded by, + administered for, and supported by the people. We trace them + to the peculiar character of the epoch in which we live, and + to the extraordinary occurrences which have signalized it. + The convulsions with which several of the powers of Europe + have been shaken and the long and destructive wars in which + all were engaged, with their sudden transition to a state of + peace, presenting in the first instance unusual encouragement + to our commerce and withdrawing it in the second even within + its wonted limit, could not fail to be sensibly felt here. + The station, too, which we had to support through this long + conflict, compelled as we were finally to become a party to + it with a principal power, and to make great exertions, + suffer heavy losses, and to contract considerable debts, + disturbing the ordinary course of affairs by augmenting to a + vast amount the circulating medium, and thereby elevating at + one time the price of every article above a just standard and + depressing it at another below it, had likewise its due + effect. + </p> + <p> + It is manifest that the pressures of which we complain have + proceeded in a great measure from these causes. When, then, + we take into view the prosperous and happy condition of our + country in all the great circumstances which constitute the + felicity of a nation—every individual in the full + enjoyment of all his rights, the Union blessed with plenty + and rapidly rising to greatness under a National Government + which operates with complete effect in every part without + being felt in any except by the ample protection which it + affords, and under State governments which perform their + equal share, according to a wise distribution of power + between them, in promoting the public happiness—it is + impossible to behold so gratifying, so glorious a spectacle + without being penetrated with the most profound and grateful + acknowledgments to the Supreme Author of All Good for such + manifold and inestimable blessings. Deeply impressed with + these sentiments, I can not regard the pressures to which I + have adverted otherwise than in the light of mild and + instructive admonitions, warning us of dangers to be shunned + in future, teaching us lessons of economy corresponding with + the simplicity and purity of our institutions and best + adapted to their support, evincing the connection and + dependence which the various parts of our happy Union have on + each other, thereby augmenting daily our social incorporation + and adding by its strong ties new strength and vigor to the + political; opening a wider range, and with new encouragement, + to the industry and enterprise of our fellow-citizens at home + and abroad, and more especially by the multiplied proofs + which it has accumulated of the great perfection of our most + excellent system of government, the powerful instrument in + the hands of our All-merciful Creator in securing to us these + blessings. + </p> + <p> + Happy as our situation is, it does not exempt us from + solicitude and care for the future. On the contrary, as the + blessings which we enjoy are great, proportionably great + should be our vigilance, zeal, and activity to preserve them. + Foreign wars may again expose us to new wrongs, which would + impose on us new duties for which we ought to be prepared. + The state of Europe is unsettled, and how long peace may be + preserved is altogether uncertain; in addition to which we + have interests of our own to adjust which will require + particular attention. A correct view of our relations with + each power will enable you to form a just idea of existing + difficulties, and of the measures of precaution best adapted + to them. + </p> + <p> + Respecting our relations with Spain nothing explicit can now + be communicated. On the adjournment of Congress in May last + the minister plenipotentiary of the United States at Madrid + was instructed to inform the Government of Spain that if His + Catholic Majesty should then ratify the treaty this + Government would accept the ratification so far as to submit + to the decision of the Senate the question whether such + ratification should be received in exchange for that of the + United States heretofore given. By letters from the minister + of the United States to the Secretary of State it appears + that a communication in conformity with his instructions had + been made to the Government of Spain, and that the Cortes had + the subject under consideration. The result of the + deliberations of that body, which is daily expected, will be + made known to Congress as soon as it is received. The + friendly sentiment which was expressed on the part of the + United States in the message of the 9th of May last is still + entertained for Spain. Among the causes of regret, however, + which are inseparable from the delay attending this + transaction it is proper to state that satisfactory + information has been received that measures have been + recently adopted by designing persons to convert certain + parts of the Province of East Florida into depots for the + reception of foreign goods, from whence to smuggle them into + the United States. By opening a port within the limits of + Florida, immediately on our boundary where there was no + settlement, the object could not be misunderstood. An early + accommodation of differences will, it is hoped, prevent all + such fraudulent and pernicious practices, and place the + relations of the two countries on a very amicable and + permanent basis. + </p> + <p> + The commercial relations between the United States and the + British colonies in the West Indies and on this continent + have undergone no change, the British Government still + preferring to leave that commerce under the restriction + heretofore imposed on it on each side. It is satisfactory to + recollect that the restraints resorted to by the United + States were defensive only, intended to prevent a monopoly + under British regulations in favor of Great Britain, as it + likewise is to know that the experiment is advancing in a + spirit of amity between the parties. + </p> + <p> + The question depending between the United States and Great + Britain respecting the construction of the first article of + the treaty of Ghent has been referred by both Governments to + the decision of the Emperor of Russia, who has accepted the + umpirage. + </p> + <p> + An attempt has been made with the Government of France to + regulate by treaty the commerce between the two countries on + the principle of reciprocity and equality. By the last + communication from the minister plenipotentiary of the United + States at Paris, to whom full power had been given, we learn + that the negotiation had been commenced there; but serious + difficulties having occurred, the French Government had + resolved to transfer it to the United States, for which + purpose the minister plenipotentiary of France had been + ordered to repair to this city, and whose arrival might soon + be expected. It is hoped that this important interest may be + arranged on just conditions and in a manner equally + satisfactory to both parties. It is submitted to Congress to + decide, until such arrangement is made, how far it may be + proper, on the principle of the act of the last session which + augmented the tonnage duty on French vessels, to adopt other + measures for carrying more completely into effect the policy + of that act. + </p> + <p> + The act referred to, which imposed new tonnage on French + vessels, having been in force from and after the 1st day of + July, it has happened that several vessels of that nation + which had been dispatched from France before its existence + was known have entered the ports of the United States, and + been subject to its operation, without that previous notice + which the general spirit of our laws gives to individuals in + similar cases. The object of that law having been merely to + countervail the inequalities which existed to the + disadvantage of the United States in their commercial + intercourse with France, it is submitted also to the + consideration of Congress whether, in the spirit of amity and + conciliation which it is no less the inclination than the + policy of the United States to preserve in their intercourse + with other powers, it may not be proper to extend relief to + the individuals interested in those cases by exempting from + the operation of the law all those vessels which have entered + our ports without having had the means of previously knowing + the existence of the additional duty. + </p> + <p> + The contest between Spain and the colonies, according to the + most authentic information, is maintained by the latter with + improved success. The unfortunate divisions which were known + to exist some time since at Buenos Ayres it is understood + still prevail. In no part of South America has Spain made any + impression on the colonies, while in many parts, and + particularly in Venezuela and New Grenada, the colonies have + gained strength and acquired reputation, both for the + management of the war in which they have been successful and + for the order of the internal administration. The late change + in the Government of Spain, by the reestablishment of the + constitution of 1812, is an event which promises to be + favorable to the revolution. Under the authority of the + Cortes the Congress of Angostura was invited to open a + negotiation for the settlement of differences between the + parties, to which it was replied that they would willingly + open the negotiation provided the acknowledgment of their + independence was made its basis, but not otherwise. Of + further proceedings between them we are uninformed. No facts + are known to this Government to warrant the belief that any + of the powers of Europe will take part in the contest, whence + it may be inferred, considering all circumstances which must + have weight in producing the result, that an adjustment will + finally take place on the basis proposed by the colonies. To + promote that result by friendly counsels with other powers, + including Spain herself, has been the uniform policy of this + Government. + </p> + <p> + In looking to the internal concerns of our country you will, + I am persuaded, derive much satisfaction from a view of the + several objects to which, in the discharge of your official + duties, your attention will be drawn. Among these none holds + a more important place than the public revenue, from the + direct operation of the power by which it is raised on the + people, and by its influence in giving effect to every other + power of the Government. The revenue depends on the resources + of the country, and the facility by which the amount required + is raised is a strong proof of the extent of the resources + and of the efficiency of the Government. A few prominent + facts will place this great interest in a just light before + you. On the 30th of September, 1815, the funded and floating + debt of the United States was estimated at $119,635,558. If + to this sum be added the amount of 5 per cent stock + subscribed to the Bank of the United States, the amount of + Mississippi stock and of the stock which was issued + subsequently to that date, the balances ascertained to be due + to certain States for military services and to individuals + for supplies furnished and services rendered during the late + war, the public debt may be estimated as amounting at that + date, and as afterwards liquidated, to $158,713,049. On the + 30th of September, 1820, it amounted to $91,993,883, having + been reduced in that interval by payments $66,879,165. During + this term the expenses of the Government of the United States + were likewise defrayed in every branch of the civil, + military, and naval establishments; the public edifices in + this city have been rebuilt with considerable additions; + extensive fortifications have been commenced, and are in a + train of execution; permanent arsenals and magazines have + been erected in various parts of the Union; our Navy has been + considerably augmented, and the ordnance, munitions of war, + and stores of the Army and Navy, which were much exhausted + during the war, have been replenished. + </p> + <p> + By the discharge of so large a proportion of the public debt + and the execution of such extensive and important operations + in so short a time a just estimate may be formed of the great + extent of our national resources. The demonstration is the + more complete and gratifying when it is recollected that the + direct tax and excise were repealed soon after the + termination of the late war, and that the revenue applied to + these purposes has been derived almost wholly from other + sources. + </p> + <p> + The receipts into the Treasury from every source to the 30th + of September last have amounted to $16,794,107.66, whilst the + public expenditures to the same period amounted to + $16,871,534.72, leaving in the Treasury on that day a sum + estimated at $1,950,000. For the probable receipts of the + following year I refer you to the statement which will be + transmitted from the Treasury. + </p> + <p> + The sum of $3,000,000 authorized to be raised by loan by an + act of the last session of Congress has been obtained upon + terms advantageous to the Government, indicating not only an + increased confidence in the faith of the nation, but the + existence of a large amount of capital seeking that mode of + investment at a rate of interest not exceeding 5 per cent per + annum. + </p> + <p> + It is proper to add that there is now due to the Treasury for + the sale of public lands $22,996,545. In bringing this + subject to view I consider it my duty to submit to Congress + whether it may not be advisable to extend to the purchasers + of these lands, in consideration of the unfavorable change + which has occurred since the sales, a reasonable indulgence. + It is known that the purchases were made when the price of + every article had risen to its greatest height, and that the + installments are becoming due at a period of great + depression. It is presumed that some plan may be devised by + the wisdom of Congress, compatible with the public interest, + which would afford great relief to these purchasers. + </p> + <p> + Considerable progress has been made during the present season + in examining the coast and its various bays and other inlets, + in the collection of materials, and in the construction of + fortifications for the defense of the Union at several of the + positions at which it has been decided to erect such works. + At Mobile Point and Dauphin Island, and at the Rigolets, + leading to Lake Pontchartrain, materials to a considerable + amount have been collected, and all the necessary + preparations made for the commencement of the works. At Old + Point Comfort, at the mouth of James River, and at the + Rip-Rap, on the opposite shore in the Chesapeake Bay, + materials to a vast amount have been collected; and at the + Old Point some progress has been made in the construction of + the fortification, which is on a very extensive scale. The + work at Fort Washington, on this river, will be completed + early in the next spring, and that on the Pea Patch, in the + Delaware, in the course of the next season. Fort Diamond, at + the Narrows, in the harbor of New York, will be finished this + year. The works at Boston, New York, Baltimore, Norfolk, + Charleston, and Niagara have been in part repaired, and the + coast of North Carolina, extending south to Cape Fear, has + been examined, as have likewise other parts of the coast + eastward of Boston. Great exertions have been made to push + forward these works with the utmost dispatch possible; but + when their extent is considered, with the important purposes + for which they are intended—the defense of the whole + coast, and, in consequence, of the whole interior—and + that they are to last for ages, it will be manifest that a + well-digested plan, founded on military principles, + connecting the whole together, combining security with + economy, could not be prepared without repeated examinations + of the most exposed and difficult parts, and that it would + also take considerable time to collect the materials at the + several points where they would be required. From all the + light that has been shed on this subject I am satisfied that + every favorable anticipation which has been formed of this + great undertaking will be verified, and that when completed + it will afford very great if not complete protection to our + Atlantic frontier in the event of another war—a + protection sufficient to counterbalance in a single campaign + with an enemy powerful at sea the expense of all these works, + without taking into the estimate the saving of the lives of + so many of our citizens, the protection of our towns and + other property, or the tendency of such works to prevent war. + </p> + <p> + Our military positions have been maintained at Belle Point, + on the Arkansas, at Council Bluffs, on the Missouri, at St. + Peters, on the Mississippi, and at Green Bay, on the upper + Lakes. Commodious barracks have already been erected at most + of these posts, with such works as were necessary for their + defense. Progress has also been made in opening + communications between them and in raising supplies at each + for the support of the troops by their own labor, + particularly those most remote. + </p> + <p> + With the Indians peace has been preserved and a progress made + in carrying into effect the act of Congress making an + appropriation for their civilization, with the prospect of + favorable results. As connected equally with both these + objects, our trade with those tribes is thought to merit the + attention of Congress. In their original state game is their + sustenance and war their occupation, and if they find no + employment from civilized powers they destroy each other. + Left to themselves their extirpation is inevitable. By a + judicious regulation of our trade with them we supply their + wants, administer to their comforts, and gradually, as the + game retires, draw them to us. By maintaining posts far in + the interior we acquire a more thorough and direct control + over them, without which it is confidently believed that a + complete change in their manners can never be accomplished. + By such posts, aided by a proper regulation of our trade with + them and a judicious civil administration over them, to be + provided for by law, we shall, it is presumed, be enabled not + only to protect our own settlements from their savage + incursions and preserve peace among the several tribes, but + accomplish also the great purpose of their civilization. + </p> + <p> + Considerable progress has also been made in the construction + of ships of war, some of which have been launched in the + course of the present year. + </p> + <p> + Our peace with the powers on the coast of Barbary has been + preserved, but we owe it altogether to the presence of our + squadron in the Mediterranean. It has been found equally + necessary to employ some of our vessels for the protection of + our commerce in the Indian Sea, the Pacific, and along the + Atlantic coast. The interests which we have depending in + those quarters, which have been much improved of late, are of + great extent and of high importance to the nation as well as + to the parties concerned, and would undoubtedly suffer if + such protection was not extended to them. In execution of the + law of the last session for the suppression of the slave + trade some of our public ships have also been employed on the + coast of Africa, where several captures have already been + made of vessels engaged in that disgraceful traffic. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + DECEMBER 12, 1820. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 6th of + December, requesting that the agent employed under the act + entitled "An act authorizing the purchase of fire engines and + building houses for the safekeeping of the same" should + report in the manner stated in the said resolution his + conduct in execution of the said act, I now transmit to the + Senate a report from the agent, which communicates all the + information which has been desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 14, 1820. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I submit to the consideration of the Senate, for their advice + and consent as to the ratification, the following treaties, + concluded with the several Indian tribes therein mentioned + since the last session of Congress, with their documents, + viz: With the Weas, Kickapoos, Chippeways, Ottawas, Choctaws, + and Mahas; and also a treaty with the Kickapoos amended as + proposed by a resolution of the Senate at their last session. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 14, 1820</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 21st November last, requesting the + President to lay before the House information relating to the + progress and expenditures of the commissioners under the + fifth, sixth, and seventh articles of the treaty of Ghent, I + now transmit a report from the Secretary of State, with + documents containing all the information in the possession of + that Department requested by the resolution. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 1, 1821</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 22d of November last, requesting the + President to inform that House what naval force has been + stationed for the protection of the commerce of our citizens + in the West India Islands and parts adjacent during the + present year, and whether any depredations by pirates or + others upon the property of citizens of the United States + engaged in such commerce have been reported to our + Government, I now submit for the information of the House a + report from the Secretary of the Navy, with accompanying + documents, which contains all the information in the + possession of the Government required by that resolution. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 4, 1821</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I communicate to the House of Representatives a report from + the Secretary of State, which, with the papers accompanying + it, contains all the information in the possession of the + Executive requested by a resolution of the House of the 4th + December last, on the subject of the African slave trade. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 4, 1821</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 15th of December last, requesting the + President of the United States to cause to be laid before + that House a statement of expenditures and receipts in the + Indian Department; also the nature and extent of the + contracts entered into, and with whom, from the 2d of March, + 1811, to the present period, I now transmit a letter from the + Secretary of War, with a report of the superintendent of + Indian trade, which contains the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 12, 1821</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives a report from the + Secretary of State, with the inclosed documents, relating to + the negotiation for the suppression of the slave trade, which + should have accompanied a message on that subject + communicated to the House some time since, but which were + accidentally omitted. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 18, 1821</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 4th + instant, "requesting the President of the United States to + communicate to the Senate any information he may have as to + the power or authority which belonged to Don John Bonaventure + Morales and to the Baron Carondelet to grant and dispose of + the lands of Spain in Louisiana previously to the year 1803," + I transmit a report from the Secretary of the Treasury, + submitting a letter of the Commissioner of the General Land + Office, with the document to which it refers. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 18, 1821</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives requesting the President to inform the House, + if in his opinion proper, whether any, and, if any, what, + negotiations since the 1st of January, 1816, have been had + with the Six Nations of Indians, or any portion of them, who + the commissioners or agents were, the objects of the + negotiation, the expenses of the same, the compensation of + each commissioner, secretary, or agent, and to whom the + moneys were paid, I now transmit a report from the Secretary + of War communicating the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 31, 1821</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I transmit to Congress a report from the Secretary of the + Treasury submitting copies of the instructions given to the + commissioners appointed under the act of the 15th of May, + 1820, authorizing the location of a road from Wheeling, in + the State of Virginia, to a point on the left bank of the + Mississippi River between St. Louis and the mouth of the + Illinois River, and copies of the report made by the said + commissioners to the Treasury Department of the progress they + have made in the execution of the duties prescribed by the + said act, together with maps of the country through which the + location is to be made. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 5, 1821. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I herewith transmit, in confidence, to the Senate reports + from the Secretary of State and of the Treasury, with the + papers containing the correspondence and the information in + possession of the Government the communication of which was + requested by the resolution of the Senate of the 23d of last + month. It is desired that the original letters may, when the + Senate shall have no further use for them, be returned. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 8, 1821. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 1st + instant, requesting the President of the United States "to + cause to be laid before the Senate any information he may + have in relation to the claims of citizens of Georgia against + the Creek Nation of Indians, and why these claims, if any + exist, have not been heretofore adjusted and settled under + the provisions of the treaties of 1790 and 1796," I now + transmit a report from the Secretary of War, with + accompanying documents, which contains all the information on + this subject in the possession of the Executive. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 13, 1821. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + The ratification by the Spanish Government of the treaty of + amity, settlement, and limits between the United States and + Spain, signed on the 22d of February, 1819, and on the 24th + of that month ratified on the part of the United States, has + been received by the envoy extraordinary and minister + plenipotentiary of that power at this place, who has given + notice that he is ready to exchange the ratifications. + </p> + <p> + By the sixteenth article of that treaty it was stipulated + that the ratifications should be exchanged within six months + from the day of its signature, which time having elapsed + before the ratification of Spain was given, a copy and + translation thereof are now transmitted to the Senate for + their advice and consent to receive it in exchange for the + ratification of the United. States heretofore executed. + </p> + <p> + The treaty was submitted to the consideration of the Cortes + of that Kingdom before its ratification, which was finally + given with their assent and sanction. The correspondence + between the Spanish minister of foreign affairs and the + minister of the United States at Madrid on that occasion is + also herewith communicated to the Senate, together with a + memorandum by the Secretary of State of his conference with + the Spanish envoy here yesterday, when that minister gave + notice of his readiness to exchange the ratifications. + </p> + <p> + The return of the original papers now transmitted, to avoid + the delay necessary to the making of copies, is requested. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 22, 1821</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 16th + instant, requesting "the President of the United States to + cause to be laid before the Senate the original order for + building the barracks at Sacketts Harbor, together with all + communications between the War Department and Major-General + Brown relative thereto, and the amount of public moneys + expended thereon," I now transmit a report from the Secretary + of War, with the papers inclosed, which contains the + information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 22, 1821</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The treaty of amity, settlement, and limits between the + United States and Spain, signed on the 22d of February, 1819, + having been ratified by the contracting parties, and the + ratifications having been exchanged, it is herewith + communicated to Congress, that such legislative measures may + be taken as they shall judge proper for carrying the same + into execution. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 24, 1821</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress a letter from the Secretary of War, + inclosing an annual return of the militia of the United + States, prepared by the Adjutant and Inspector General + conformably to the militia laws on that subject. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 28, 1821</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I herewith transmit to Congress certain extracts and a copy + of letters received by the Secretary of State from the + marshal of the United States for the eastern district of + Virginia, in relation to the execution of the act of the 14th + of March, 1820, to provide for taking the Fourth Census, + together with the answers returned to that marshal by the + Secretary of State. As the time within which the assistants + of the marshals can legally make their returns expired on the + first Monday of the present month, it would appear by the + information from the marshal at Richmond that the completion + of the Fourth Census as it respects the eastern district of + Virginia will have been defeated not only as it regards the + period contemplated by law, but during the whole of the + current year, unless Congress, to whom the case is submitted, + should by an act of the present session allow further time + for making the returns in question. + </p> + <p> + As connected with this subject, it is also submitted for the + consideration of Congress how far the marshals ought to be + liable to the payment of postage on the conveyance of the + papers concerning the census and manufactures by the mail. In + one instance it has been already ascertained that this item + of contingent expense will amount to nearly a moiety of the + compensation of the marshal for the whole of his services. If + the marshals are to be relieved from this charge, provision + will be necessary by law either for the admission of it in + their accounts or the refunding of it by the respective + postmasters. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 2, 1821</i>. + </p> + <p> + <i>To the Congress of the United States</i>: + </p> + <p> + I communicate to the two Houses of Congress copies of a + treaty this day ratified on the part of the United States, + concluded and signed at the Indian Springs on the 8th of + January last, with the Creek Nation of Indians, in order to + such legislative measures as may be necessary for giving + effect to it. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 3, 1821</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + The treaty concluded between the United States and the + Kickapoo tribe of Indians on the 30th of July, 1820, having + been ratified by and with the advice and consent of the + Senate, I now lay a copy of the said treaty before the House + of Representatives in order to such legislative provisions + being made as may be necessary to carry into effect the + stipulations therein contained on the part of the United + States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SECOND INAUGURAL ADDRESS. + </h2> + <p> + Fellow-Citizens: I shall not attempt to describe the grateful + emotions which the new and very distinguished proof of the + confidence of my fellow-citizens, evinced by my reelection to + this high trust, has excited in my bosom. The approbation + which it announces of my conduct in the preceding term + affords me a consolation which I shall profoundly feel + through life. The general accord with which it has been + expressed adds to the great and never-ceasing obligations + which it imposes. To merit the continuance of this good + opinion, and to carry it with me into my retirement as the + solace of advancing years, will be the object of my most + zealous and unceasing efforts. + </p> + <p> + Having no pretensions to the high and commanding claims of my + predecessors, whose names are so much more conspicuously + identified with our Revolution, and who contributed so + preeminently to promote its success, I consider myself rather + as the instrument than the cause of the union which has + prevailed in the late election. In surmounting, in favor of + my humble pretensions, the difficulties which so often + produce division in like occurrences, it is obvious that + other powerful causes, indicating the great strength and + stability of our Union, have essentially contributed to draw + you together. That these powerful causes exist, and that they + are permanent, is my fixed opinion; that they may produce a + like accord in all questions touching, however remotely, the + liberty, prosperity, and happiness of our country will always + be the object of my most fervent prayers to the Supreme + Author of All Good. + </p> + <p> + In a government which is founded by the people, who possess + exclusively the sovereignty, it seems proper that the person + who may be placed by their suffrages in this high trust + should declare on commencing its duties the principles on + which he intends to conduct the Administration. If the person + thus elected has served the preceding term, an opportunity is + afforded him to review its principal occurrences and to give + such further explanation respecting them as in his judgment + may be useful to his constituents. The events of one year + have influence on those of another, and, in like manner, of a + preceding on the succeeding Administration. The movements of + a great nation are connected in all their parts. If errors + have been committed they ought to be corrected; if the policy + is sound it ought to be supported. It is by a thorough + knowledge of the whole subject that our fellow-citizens are + enabled to judge correctly of the past and to give a proper + direction to the future. + </p> + <p> + Just before the commencement of the last term the United + States had concluded a war with a very powerful nation on + conditions equal and honorable to both parties. The events of + that war are too recent and too deeply impressed on the + memory of all to require a development from me. Our commerce + had been in a great measure driven from the sea; our Atlantic + and inland frontiers were invaded in almost every part; the + waste of life along our coast and on some parts of our inland + frontiers, to the defense of which our gallant and patriotic + citizens were called, was immense, in addition to which not + less than $120,000,000 were added at its end to the public + debt. + </p> + <p> + As soon as the war had terminated, the nation, admonished by + its events, resolved to place itself in a situation which + should be better calculated to prevent the recurrence of a + like evil, and, in case it should recur, to mitigate its + calamities. With this view, after reducing our land force to + the basis of a peace establishment, which has been further + modified since, provision was made for the construction of + fortifications at proper points through the whole extent of + our coast and such an augmentation of our naval force as + should be well adapted to both purposes. The laws making this + provision were passed in 1815 and 1816, and it has been since + the constant effort of the Executive to carry them into + effect. + </p> + <p> + The advantage of these fortifications and of an augmented + naval force in the extent contemplated, in a point of + economy, has been fully illustrated by a report of the Board + of Engineers and Naval Commissioners lately communicated to + Congress, by which it appears that in an invasion by 20,000 + men, with a correspondent naval force, in a campaign of six + months only, the whole expense of the construction of the + works would be defrayed by the difference in the sum + necessary to maintain the force which would be adequate to + our defense with the aid of those works and that which would + be incurred without them. The reason of this difference is + obvious. If fortifications are judiciously placed on our + great inlets, as distant from our cities as circumstances + will permit, they will form the only points of attack, and + the enemy will be detained there by a small regular force a + sufficient time to enable our militia to collect and repair + to that on which the attack is made. A force adequate to the + enemy, collected at that single point, with suitable + preparation for such others as might be menaced, is all that + would be requisite. But if there were no fortifications, then + the enemy might go where he pleased, and, changing his + position and sailing from place to place, our force must be + called out and spread in vast numbers along the whole coast + and on both sides of every bay and river as high up in each + as it might be navigable for ships of war. By these + fortifications, supported by our Navy, to which they would + afford like support, we should present to other powers an + armed front from St. Croix to the Sabine, which would protect + in the event of war our whole coast and interior from + invasion; and even in the wars of other powers, in which we + were neutral, they would be found eminently useful, as, by + keeping their public ships at a distance from our cities, + peace and order in them would be preserved and the Government + be protected from insult. + </p> + <p> + It need scarcely be remarked that these measures have not + been resorted to in a spirit of hostility to other powers. + Such a disposition does not exist toward any power. Peace and + good will have been, and will hereafter be, cultivated with + all, and by the most faithful regard to justice. They have + been dictated by a love of peace, of economy, and an earnest + desire to save the lives of our fellow-citizens from that + destruction and our country from that devastation which are + inseparable from war when it finds us unprepared for it. It + is believed, and experience, has shown, that such a + preparation is the best expedient that can be resorted to to + prevent war. I add with much pleasure that considerable + progress has already been made in these measures of defense, + and that they will be completed in a few years, considering + the great extent and importance of the object, if the plan be + zealously and steadily persevered in. + </p> + <p> + The conduct of the Government in what relates to foreign + powers is always an object of the highest importance to the + nation. Its agriculture, commerce, manufactures, fisheries, + revenue, in short, its peace, may all be affected by it. + Attention is therefore due to this subject. + </p> + <p> + At the period adverted to the powers of Europe, after having + been engaged in long and destructive wars with each other, + had concluded a peace, which happily still exists. Our peace + with the power with whom we had been engaged had also been + concluded. The war between Spain and the colonies in South + America, which had commenced many years before, was then the + only conflict that remained unsettled. This being a contest + between different parts of the same community, in which other + powers had not interfered, was not affected by their + accommodations. + </p> + <p> + This contest was considered at an early stage by my + predecessor a civil war in which the parties were entitled to + equal rights in our ports. This decision, the first made by + any power, being formed on great consideration of the + comparative strength and resources of the parties, the length + of time, and successful opposition made by the colonies, and + of all other circumstances on which it ought to depend, was + in strict accord with the law of nations. Congress has + invariably acted on this principle, having made no change in + our relations with either party. Our attitude has therefore + been that of neutrality between them, which has been + maintained by the Government with the strictest impartiality. + No aid has been afforded to either, nor has any privilege + been enjoyed by the one which has not been equally open to + the other party, and every exertion has been made in its + power to enforce the execution of the laws prohibiting + illegal equipments with equal rigor against both. + </p> + <p> + By this equality between the parties their public vessels + have been received in our ports on the same footing; they + have enjoyed an equal right to purchase and export arms, + munitions of war, and every other supply, the exportation of + all articles whatever being permitted under laws which were + passed long before the commencement of the contest; our + citizens have traded equally with both, and their commerce + with each has been alike protected by the Government. + </p> + <p> + Respecting the attitude which it may be proper for the United + States to maintain hereafter between the parties, I have no + hesitation in stating it as my opinion that the neutrality + heretofore observed should still be adhered to. From the + change in the Government of Spain and the negotiation now + depending, invited by the Cortes and accepted by the + colonies, it may be presumed that their differences will be + settled on the terms proposed by the colonies. Should the war + be continued, the United States, regarding its occurrences, + will always have it in their power to adopt such measures + respecting it as their honor and interest may require. + </p> + <p> + Shortly after the general peace a band of adventurers took + advantage of this conflict and of the facility which it + afforded to establish a system of buccaneering in the + neighboring seas, to the great annoyance of the commerce of + the United States, and, as was represented, of that of other + powers. Of this spirit and of its injurious bearing on the + United States strong proofs were afforded by the + establishment at Amelia Island, and the purposes to which it + was made instrumental by this band in 1817, and by the + occurrences which took place in other parts of Florida in + 1818, the details of which in both instances are too well + known to require to be now recited. I am satisfied had a less + decisive course been adopted that the worst consequences + would have resulted from it. We have seen that these checks, + decisive as they were, were not sufficient to crush that + piratical spirit. Many culprits brought within our limits + have been condemned to suffer death, the punishment due to + that atrocious crime. The decisions of upright and + enlightened tribunals fall equally on all whose crimes + subject them, by a fair interpretation of the law, to its + censure. It belongs to the Executive not to suffer the + executions under these decisions to transcend the great + purpose for which punishment is necessary. The full benefit + of example being secured, policy as well as humanity equally + forbids that they should be carried further. I have acted on + this principle, pardoning those who appear to have been led + astray by ignorance of the criminality of the acts they had + committed, and suffering the law to take effect on those only + in whose favor no extenuating circumstances could be urged. + </p> + <p> + Great confidence is entertained that the late treaty with + Spain, which has been ratified by both the parties, and the + ratifications whereof have been exchanged, has placed the + relations of the two countries on a basis of permanent + friendship. The provision made by it for such of our citizens + as have claims on Spain of the character described will, it + is presumed, be very satisfactory to them, and the boundary + which is established between the territories of the parties + westward of the Mississippi, heretofore in dispute, has, it + is thought, been settled on conditions just and advantageous + to both. But to the acquisition of Florida too much + importance can not be attached. It secures to the United + States a territory important in itself, and whose importance + is much increased by its bearing on many of the highest + interests of the Union. It opens to several of the + neighboring States a free passage to the ocean, through the + Province ceded, by several rivers, having their sources high + up within their limits. It secures us against all future + annoyance from powerful Indian tribes. It gives us several + excellent harbors in the Gulf of Mexico for ships of war of + the largest size. It covers by its position in the Gulf the + Mississippi and other great waters within our extended + limits, and thereby enables the United States to afford + complete protection to the vast and very valuable productions + of our whole Western country, which find a market through + those streams. + </p> + <p> + By a treaty with the British Government, bearing date on the + 20th of October, 1818, the convention regulating the commerce + between the United States and Great Britain, concluded on the + 3d of July, 1815, which was about expiring, was revived and + continued for the term of ten years from the time of its + expiration. By that treaty, also, the differences which had + arisen under the treaty of Ghent respecting the right claimed + by the United States for their citizens to take and cure fish + on the coast of His Britannic Majesty's dominions in America, + with other differences on important interests, were adjusted + to the satisfaction of both parties. No agreement has yet + been entered into respecting the commerce between the United + States and the British dominions in the West Indies and on + this continent. The restraints imposed on that commerce by + Great Britain, and reciprocated by the United States on a + principle of defense, continue still in force. + </p> + <p> + The negotiation with France for the regulation of the + commercial relations between the two countries, which in the + course of the last summer had been commenced at Paris, has + since been transferred to this city, and will be pursued on + the part of the United States in the spirit of conciliation, + and with an earnest desire that it may terminate in an + arrangement satisfactory to both parties. + </p> + <p> + Our relations with the Barbary Powers are preserved in the + same state and by the same means that were employed when I + came into this office. As early as 1801 it was found + necessary to send a squadron into the Mediterranean for the + protection of our commerce, and no period has intervened, a + short term excepted, when it was thought advisable to + withdraw it. The great interests which the United States have + in the Pacific, in commerce and in the fisheries, have also + made it necessary to maintain a naval force there. In + disposing of this force in both instances the most effectual + measures in our power have been taken, without interfering + with its other duties, for the suppression of the slave trade + and of piracy in the neighboring seas. + </p> + <p> + The situation of the United States in regard to their + resources, the extent of their revenue, and the facility with + which it is raised affords a most gratifying spectacle. The + payment of nearly $67,000,000 of the public debt, with the + great progress made in measures of defense and in other + improvements of various kinds since the late war, are + conclusive proofs of this extraordinary prosperity, + especially when it is recollected that these expenditures + have been defrayed without a burthen on the people, the + direct tax and excise having been repealed soon after the + conclusion of the late war, and the revenue applied to these + great objects having been raised in a manner not to be felt. + Our great resources therefore remain untouched for any + purpose which may affect the vital interests of the nation. + For all such purposes they are inexhaustible. They are more + especially to be found in the virtue, patriotism, and + intelligence of our fellow-citizens, and in the devotion with + which they would yield up by any just measure of taxation all + their property in support of the rights and honor of their + country. + </p> + <p> + Under the present depression of prices, affecting all the + productions of the country and every branch of industry, + proceeding from causes explained on a former occasion, the + revenue has considerably diminished, the effect of which has + been to compel Congress either to abandon these great + measures of defense or to resort to loans or internal taxes + to supply the deficiency. On the presumption that this + depression and the deficiency in the revenue arising from it + would be temporary, loans were authorized for the demands of + the last and present year. Anxious to relieve my + fellow-citizens in 1817 from every burthen which could be + dispensed with, and the state of the Treasury permitting it, + I recommended the repeal of the internal taxes, knowing that + such relief was then peculiarly necessary in consequence of + the great exertions made in the late war. I made that + recommendation under a pledge that should the public + exigencies require a recurrence to them at any time while I + remained in this trust, I would with equal promptitude + perform the duty which would then be alike incumbent on me. + By the experiment now making it will be seen by the next + session of Congress whether the revenue shall have been so + augmented as to be adequate to all these necessary purposes. + Should the deficiency still continue, and especially should + it be probable that it would be permanent, the course to be + pursued appears to me to be obvious. I am satisfied that + under certain circumstances loans may be resorted to with + great advantage. I am equally well satisfied, as a general + rule, that the demands of the current year, especially in + time of peace, should be provided for by the revenue of that + year. + </p> + <p> + I have never dreaded, nor have I ever shunned, in any + situation in which I have been placed making appeals to the + virtue and patriotism of my fellow-citizens, well knowing + that they could never be made in vain, especially in times of + great emergency or for purposes of high national importance. + Independently of the exigency of the case, many + considerations of great weight urge a policy having in view a + provision of revenue to meet to a certain extent the demands + of the nation, without relying altogether on the precarious + resource of foreign commerce. I am satisfied that internal + duties and excises, with corresponding imposts on foreign + articles of the same kind, would, without imposing any + serious burdens on the people, enhance the price of produce, + promote our manufactures, and augment the revenue, at the + same time that they made it more secure and permanent. + </p> + <p> + The care of the Indian tribes within our limits has long been + an essential part of our system, but, unfortunately, it has + not been executed in a manner to accomplish all the objects + intended by it. We have treated them as independent nations, + without their having any substantial pretensions to that + rank. The distinction has flattered their pride, retarded + their improvement, and in many instances paved the way to + their destruction. The progress of our settlements westward, + supported as they are by a dense population, has constantly + driven them back, with almost the total sacrifice of the + lands which they have been compelled to abandon. They have + claims on the magnanimity and, I may add, on the justice of + this nation which we must all feel. We should become their + real benefactors; we should perform the office of their Great + Father, the endearing title which they emphatically give to + the Chief Magistrate of our Union. Their sovereignty over + vast territories should cease, in lieu of which the right of + soil should be secured to each individual and his posterity + in competent portions; and for the territory thus ceded by + each tribe some reasonable equivalent should be granted, to + be vested in permanent funds for the support of civil + government over them and for the education of their children, + for their instruction in the arts of husbandry, and to + provide sustenance for them until they could provide it for + themselves. My earnest hope is that Congress will digest some + plan, founded on these principles, with such improvements as + their wisdom may suggest, and carry it into effect as soon as + it may be practicable. + </p> + <p> + Europe is again unsettled and the prospect of war increasing. + Should the flame light up in any quarter, how far it may + extend it is impossible to foresee. It is our peculiar + felicity to be altogether unconnected with the causes which + produce this menacing aspect elsewhere. With every power we + are in perfect amity, and it is our interest to remain so if + it be practicable on just conditions. I see no reasonable + cause to apprehend variance with any power, unless it proceed + from a violation of our maritime rights. In these contests, + should they occur, and to whatever extent they may be + carried, we shall be neutral; but as a neutral power we have + rights which it is our duty to maintain. For like injuries it + will be incumbent on us to seek redress in a spirit of amity, + in full confidence that, injuring none, none would knowingly + injure us. For more imminent dangers we should be prepared, + and it should always be recollected that such preparation + adapted to the circumstances and sanctioned by the judgment + and wishes of our constituents can not fail to have a good + effect in averting dangers of every kind. We should recollect + also that the season of peace is best adapted to these + preparations. + </p> + <p> + If we turn our attention, fellow-citizens, more immediately + to the internal concerns of our country, and more especially + to those on which its future welfare depends, we have every + reason to anticipate the happiest results. It is now rather + more than forty-four years since we declared our + independence, and thirty-seven since it was acknowledged. The + talents and virtues which were displayed in that great + struggle were a sure presage of all that has since followed. + A people who were able to surmount in their infant state such + great perils would be more competent as they rose into + manhood to repel any which they might meet in their progress. + Their physical strength would be more adequate to foreign + danger, and the practice of self-government, aided by the + light of experience, could not fail to produce an effect + equally salutary on all those questions connected with the + internal organization. These favorable anticipations have + been realized. + </p> + <p> + In our whole system, national and State, we have shunned all + the defects which unceasingly preyed on the vitals and + destroyed the ancient Republics. In them there were distinct + orders, a nobility and a people, or the people governed in + one assembly. Thus, in the one instance there was a perpetual + conflict between the orders in society for the ascendency, in + which the victory of either terminated in the overthrow of + the government and the ruin of the state; in the other, in + which the people governed in a body, and whose dominions + seldom exceeded the dimensions of a county in one of our + States, a tumultuous and disorderly movement permitted only a + transitory existence. In this great nation there is but one + order, that of the people, whose power, by a peculiarly happy + improvement of the representative principle, is transferred + from them, without impairing in the slightest degree their + sovereignty, to bodies of their own creation, and to persons + elected by themselves, in the full extent necessary for all + the purposes of free, enlightened, and efficient government. + The whole system is elective, the complete sovereignty being + in the people, and every officer in every department deriving + his authority from and being responsible to them for his + conduct. + </p> + <p> + Our career has corresponded with this great outline. + Perfection in our organization could not have been expected + in the outset either in the National or State Governments or + in tracing the line between their respective powers. But no + serious conflict has arisen, nor any contest but such as are + managed by argument and by a fair appeal to the good sense of + the people, and many of the defects which experience had + clearly demonstrated in both Governments have been remedied. + By steadily pursuing this course in this spirit there is + every reason to believe that our system will soon attain the + highest degree of perfection of which human institutions are + capable, and that the movement in all its branches will + exhibit such a degree of order and harmony as to command the + admiration and respect of the civilized world. + </p> + <p> + Our physical attainments have not been less eminent. + Twenty-five years ago the river Mississippi was shut up and + our Western brethren had no outlet for their commerce. What + has been the progress since that time? The river has not only + become the property of the United States from its source to + the ocean, with all its tributary streams (with the exception + of the upper part of the Red River only), but Louisiana, with + a fair and liberal boundary on the western side and the + Floridas on the eastern, have been ceded to us. The United + States now enjoy the complete and uninterrupted sovereignty + over the whole territory from St. Croix to the Sabine. New + States, settled from among ourselves in this and in other + parts, have been admitted into our Union in equal + participation in the national sovereignty with the original + States. Our population has augmented in an astonishing degree + and extended in every direction. We now, fellow-citizens, + comprise within our limits the dimensions and faculties of a + great power under a Government possessing all the energies of + any government ever known to the Old World, with an utter + incapacity to oppress the people. + </p> + <p> + Entering with these views the office which I have just + solemnly sworn to execute with fidelity and to the utmost of + my ability, I derive great satisfaction from a knowledge that + I shall be assisted in the several Departments by the very + enlightened and upright citizens from whom I have received so + much aid in the preceding term. With full confidence in the + continuance of that candor and generous indulgence from my + fellow-citizens at large which I have heretofore experienced, + and with a firm reliance on the protection of Almighty God, I + shall forthwith commence the duties of the high trust to + which you have called me. + </p> + <p> + MARCH 5, 1821. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas information has been received that an atrocious + murder, aggravated by the additional crime of robbery, was, + on the 6th or 7th day of this present month, committed in the + county of Alexandria and District of Columbia on William + Seaver, late of this city; and + </p> + <p> + Whereas the apprehension and punishment of the murderer or + murderers and his or their accessary or accessaries will be + an example due to justice and humanity and every way salutary + in its operation: + </p> + <p> + I have therefore thought fit to issue this my proclamation, + hereby exhorting the citizens of the United States, and + particularly those of this District, and requiring all + officers, according to their respective stations, to use + their utmost endeavors to apprehend and bring the principal + or principals, accessary or accessaries, to the said murder + to justice. + </p> + <p> + And I do moreover offer a reward of $300 for each principal, + if there be more than one, and $150 for each accessary before + the fact, if there be more than one, who shall be apprehended + after the day of the date hereof and brought to justice, to + be paid upon his conviction of the crime or crimes aforesaid. + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be affixed to these presents, and signed the same + with my hand. + </p> + <p> + [SEAL.] + </p> + <p> + Done at the city of Washington, this 10th day of July, A.D. + 1821, and of the Independence of the United States the + forty-sixth. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + <br> + By the President:<br> + JOHN QUINCY ADAMS,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas the Congress of the United States, by a joint + resolution of the 2d day of March last, entitled "Resolution + providing for the admission of the State of Missouri into the + Union on a certain condition," did determine and declare + "that Missouri should be admitted into this Union on an equal + footing with the original States in all respects whatever + upon the fundamental condition that the fourth clause of the + twenty-sixth section of the third article of the constitution + submitted on the part of said State to Congress shall never + be construed to authorize the passage of any law, and that no + law shall be passed in conformity thereto, by which any + citizen of either of the States of this Union shall be + excluded from the enjoyment of any of the privileges and + immunities to which such citizen is entitled under the + Constitution of the United States: <i>Provided</i>, That the + legislature of said State, by a solemn public act, shall + declare the assent of the said State to the said fundamental + condition, and shall transmit to the President of the United + States on or before the first Monday in November next an + authentic copy of said act, upon the receipt whereof the + President, by proclamation, shall announce the fact, + whereupon, and without any further proceeding on the part of + Congress, the admission of the said State into this Union + shall be considered as complete;" and + </p> + <p> + Whereas by a solemn public act of the assembly of said State + of Missouri, passed on the 26th of June, in the present year, + entitled "A solemn public act declaring the assent of this + State to the fundamental condition contained in a resolution + passed by the Congress of the United States providing for the + admission of the State of Missouri into the Union on a + certain condition," an authentic copy whereof has been + communicated to me, it is solemnly and publicly enacted and + declared that that State has assented, and does assent, that + the fourth clause of the twenty-sixth section of the third + article of the constitution of said State "shall never be + construed to authorize the passage of any law, and that no + law shall be passed in conformity thereto, by which any + citizen of either of the United States shall be excluded from + the enjoyment of any of the privileges and immunities to + which such citizens are entitled under the Constitution of + the United States:" + </p> + <p> + Now, therefore, I, James Monroe, President of the United + States, in pursuance of the resolution of Congress aforesaid, + have issued this my proclamation, announcing the fact that + the said State of Missouri has assented to the fundamental + condition required by the resolution of Congress aforesaid, + whereupon the admission of the said State of Missouri into + this Union is declared to be complete. + </p> + <p> + In testimony whereof I have caused the seal of the United + States of America to be affixed to these presents, and signed + the same with my hand. + </p> + <p> + [SEAL.] + </p> + <p> + Done at the city of Washington, the 10th day of August, A.D. + 1821, and of the Independence of the said United States of + America the forty-sixth. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + <br> + By the President:<br> + JOHN QUINCY ADAMS,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by an act of the Congress of the United States of the + 3d of March, 1815, so much of the several acts imposing + duties on the ships and vessels and on goods, wares, and + merchandise imported into the United States as imposed a + discriminating duty of tonnage between foreign vessels and + vessels of the United States and between goods imported into + the United States in foreign vessels and vessels of the + United States were repealed so far as the same respected the + produce or manufacture of the nation to which such foreign + ship or vessel might belong, such repeal to take effect in + favor of any foreign nation whenever the President of the + United States should be satisfied that the discriminating or + countervailing duties of such foreign nation so far as they + operate to the disadvantage of the United States have been + abolished; and + </p> + <p> + Whereas satisfactory proof has been received by me, through + the chargé d'affaires of the United States in Sweden, + under date of the 30th day of January, 1821, that + thenceforward all discriminating or countervailing duties in + the Kingdom of Norway so far as they operated to the + disadvantage of the United States had been and were + abolished: + </p> + <p> + Now, therefore, I, James Monroe, President of the United + States of America, do hereby declare and proclaim that so + much of the several acts imposing duties on the tonnage of + ships and vessels and on goods, wares, and merchandise + imported into the United States as imposed a discriminating + duty of tonnage between vessels of the Kingdom of Norway and + vessels of the United States and between goods imported into + the United States in vessels of the said Kingdom of Norway + and vessels of the United States are repealed so far as the + same respect the produce or manufacture of the said Kingdom + of Norway. + </p> + <p> + Given under my hand, at the city of Washington, this 20th day + of August, A.D. 1821, and the forty-sixth year of the + Independence of the United States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + <br> + By the President:<br> + JOHN QUINCY ADAMS,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by an act of the Congress of the United States of the + 3d of March, 1815, so much of the several acts imposing + duties on the ships and vessels and on goods, wares, and + merchandise imported into the United States as imposed a + discriminating duty of tonnage between foreign vessels and + vessels of the United States and between goods imported into + the United States in foreign vessels and vessels of the + United States were repealed so far as the same respected the + produce or manufacture of the nation to which such foreign + ship or vessel might belong, such repeal to take effect in + favor of any foreign nation whenever the President of the + United States should be satisfied that the discriminating or + countervailing duties of such foreign nation so far as they + operate to the disadvantage of the United States have been + abolished; and + </p> + <p> + Whereas satisfactory proof has been received by me, under + date of the 11th of May last, that thenceforward all + discriminating or countervailing duties of the Dukedom of + Oldenburg so far as they might operate to the disadvantage of + the United States should be and were abolished upon His + Highness the Duke of Oldenburg's being duly certified of a + reciprocal act on the part of the United States: + </p> + <p> + Now, therefore, I, James Monroe, President of the United + States of America, do hereby declare and proclaim that so + much of the several acts imposing duties on the tonnage of + ships and vessels and on goods, wares, and merchandise + imported into the United States as imposed a discriminating + duty of tonnage between vessels of the Dukedom of Oldenburg + and vessels of the United States and between goods imported + into the United States in vessels of the said Dukedom of + Oldenburg and vessels of the United States are repealed so + far as the same respect the produce or manufacture of the + said Dukedom of Oldenburg. + </p> + <p> + Given under my hand, at the city of Washington, this 22d day + of November, A.D. 1821, and the forty-sixth year of the + Independence of the United States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + <br> + By the President:<br> + JOHN QUINCY ADAMS,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FIFTH ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 3, 1821</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + The progress of our affairs since the last session has been + such as may justly be claimed and expected under a Government + deriving all its powers from an enlightened people, and under + laws formed by their representatives, on great consideration, + for the sole purpose of promoting the welfare and happiness + of their constituents. In the execution of those laws and of + the powers vested by the Constitution in the Executive, + unremitted attention has been paid to the great objects to + which they extend. In the concerns which are exclusively + internal there is good cause to be satisfied with the result. + The laws have had their due operation and effect. In those + relating to foreign powers, I am happy to state that peace + and amity are preserved with all by a strict observance on + both sides of the rights of each. In matters touching our + commercial intercourse, where a difference of opinion has + existed as to the conditions on which it should be placed, + each party has pursued its own policy without giving just + cause of offense to the other. In this annual communication, + especially when it is addressed to a new Congress, the whole + scope of our political concerns naturally comes into view, + that errors, if such have been committed, may be corrected; + that defects which have become manifest may be remedied; and, + on the other hand, that measures which were adopted on due + deliberation, and which experience has shewn are just in + themselves and essential to the public welfare, should be + persevered in and supported. In performing this necessary and + very important duty I shall endeavor to place before you on + its merits every subject that is thought to be entitled to + your particular attention in as distinct and clear a light as + I may be able. + </p> + <p> + By an act of the 3d of March, 1815, so much of the several + acts as imposed higher duties on the tonnage of foreign + vessels and on the manufactures and productions of foreign + nations when imported into the United States in foreign + vessels than when imported in vessels of the United States + were repealed so far as respected the manufactures and + productions of the nation to which such vessels belonged, on + the condition that the repeal should take effect only in + favor of any foreign nation when the Executive should be + satisfied that such discriminating duties to the disadvantage + of the United States had likewise been repealed by such + nation. By this act a proposition was made to all nations to + place our commerce with each on a basis which it was presumed + would be acceptable to all. Every nation was allowed to bring + its manufactures and productions into our ports and to take + the manufactures and productions of the United States back to + their ports in their own vessels on the same conditions that + they might be transported in vessels of the United States, + and in return it was required that a like accommodation + should be granted to the vessels of the United States in the + ports of other powers. The articles to be admitted or + prohibited on either side formed no part of the proposed + arrangement. Each party would retain the right to admit or + prohibit such articles from the other as it thought proper, + and on its own conditions. + </p> + <p> + When the nature of the commerce between the United States and + every other country was taken into view, it was thought that + this proposition would be considered fair, and even liberal, + by every power. The exports of the United States consist + generally of articles of the first necessity and of rude + materials in demand for foreign manufactories, of great bulk, + requiring for their transportation many vessels, the return + for which in the manufactures and productions of any foreign + country, even when disposed of there to advantage, may be + brought in a single vessel. This observation is the more + especially applicable to those countries from which + manufactures alone are imported, but it applies in a great + extent to the European dominions of every European power and + in a certain extent to all the colonies of those powers. By + placing, then, the navigation precisely on the same ground in + the transportation of exports and imports between the United + States and other countries it was presumed that all was + offered which could be desired. It seemed to be the only + proposition which could be devised which would retain even + the semblance of equality in our favor. + </p> + <p> + Many considerations of great weight gave us a right to expect + that this commerce should be extended to the colonies as well + as to the European dominions of other powers. With the + latter, especially with countries exclusively manufacturing, + the advantage was manifestly on their side. An indemnity for + that loss was expected from a trade with the colonies, and + with the greater reason as it was known that the supplies + which the colonies derived from us were of the highest + importance to them, their labor being bestowed with so much + greater profit in the culture of other articles; and because, + likewise, the articles of which those supplies consisted, + forming so large a proportion of the exports of the United + States, were never admitted into any of the ports of Europe + except in cases of great emergency to avert a serious + calamity. When no article is admitted which is not required + to supply the wants of the party admitting it, and admitted + then not in favor of any particular country to the + disadvantage of others, but on conditions equally applicable + to all, it seems just that the articles thus admitted and + invited should be carried thither in the vessels of the + country affording such supply and that the reciprocity should + be found in a corresponding accommodation on the other side. + By allowing each party to participate in the transportation + of such supplies on the payment of equal tonnage a strong + proof was afforded of an accommodating spirit. To abandon to + it the transportation of the whole would be a sacrifice which + ought not to be expected. The demand in the present instance + would be the more unreasonable in consideration of the great + inequality existing in the trade with the parent country. + </p> + <p> + Such was the basis of our system as established by the act of + 1815 and such its true character. In the year in which this + act was passed a treaty was concluded with Great Britain, in + strict conformity with its principles, in regard to her + European dominions. To her colonies, however, in the West + Indies and on this continent it was not extended, the British + Government claiming the exclusive supply of those colonies, + and from our own ports, and of the productions of the + colonies in return in her own vessels. To this claim the + United States could not assent, and in consequence each party + suspended the intercourse in the vessels of the other by a + prohibition which still exists. + </p> + <p> + The same conditions were offered to France, but not accepted. + Her Government has demanded other conditions more favorable + to her navigation, and which should also give extraordinary + encouragement to her manufactures and productions in ports of + the United States. To these it was thought improper to + accede, and in consequence the restrictive regulations which + had been adopted on her part, being countervailed on the part + of the United States, the direct commerce between the two + countries in the vessels of each party has been in a great + measure suspended. It is much to be regretted that, although + a negotiation has been long pending, such is the diversity of + views entertained on the various points which have been + brought into discussion that there does not appear to be any + reasonable prospect of its early conclusion. + </p> + <p> + It is my duty to state, as a cause of very great regret, that + very serious differences have occurred in this negotiation + respecting the construction of the eighth article of the + treaty of 1803, by which Louisiana was ceded to the United + States, and likewise respecting the seizure of the + <i>Apollo</i>, in 1820, for a violation of our revenue laws. + The claim of the Government of France has excited not less + surprise than concern, because there does not appear to be a + just foundation for it in either instance. By the eighth + article of the treaty referred to it is stipulated that after + the expiration of twelve years, during which time it was + provided by the seventh or preceding article that the vessels + of France and Spain should be admitted into the ports of the + ceded territory without paying higher duties on merchandise + or tonnage on the vessels than such as were paid by citizens + of the United States, the ships of France should forever + afterwards be placed on the footing of the most favored + nation. By the obvious construction of this article it is + presumed that it was intended that no favor should be granted + to any power in those ports to which France should not be + forthwith entitled, nor should any accommodation be allowed + to another power on conditions to which she would not also be + entitled on the same conditions. Under this construction no + favor or accommodation could be granted to any power to the + prejudice of France. By allowing the equivalent allowed by + those powers she would always stand in those ports on the + footing of the most favored nation. But if this article + should be so construed as that France should enjoy, of right, + and without paying the equivalent, all the advantages of such + conditions as might be allowed to other powers in return for + important concessions made by them, then the whole character + of the stipulation would be changed. She would not be placed + on the footing of the most favored nation, but on a footing + held by no other nation. She would enjoy all advantages + allowed to them in consideration of like advantages allowed + to us, free from every and any condition whatever. + </p> + <p> + As little cause has the Government of France to complain of + the seizure of the <i>Apollo</i> and the removal of other + vessels from the waters of the St. Marys. It will not be + denied that every nation has a right to regulate its + commercial system as it thinks fit and to enforce the + collection of its revenue, provided it be done without an + invasion of the rights of other powers. The violation of its + revenue laws is an offense which all nations punish, the + punishment of which gives no just cause of complaint to the + power to which the offenders belong, provided it be extended + to all equally. In this case every circumstance which + occurred indicated a fixed purpose to violate our revenue + laws. Had the party intended to have pursued a fair trade he + would have entered our ports and paid the duties; or had he + intended to carry on a legitimate circuitous commerce with + the United States he would have entered the port of some + other power, landed his goods at the custom-house according + to law, and re-shipped and sent them in the vessel of such + power, or of some other power which might lawfully bring + them, free from such duties, to a port of the United States. + But the conduct of the party in this case was altogether + different. He entered the river St. Marys, the boundary line + between the United States and Florida, and took his position + on the Spanish side, on which in the whole extent of the + river there was no town, no port or custom-house, and + scarcely any settlement. His purpose, therefore, was not to + sell his goods to the inhabitants of Florida, but to citizens + of the United States, in exchange for their productions, + which could not be done without a direct and palpable breach + of our laws. It is known that a regular systematic plan had + been formed by certain persons for the violation of our + revenue system, which made it the more necessary to check the + proceeding in its commencement. + </p> + <p> + That the unsettled bank of a river so remote from the Spanish + garrisons and population could give no protection to any + party in such a practice is believed to be in strict accord + with the law of nations. It would not have comported with a + friendly policy in Spain herself to have established a + custom-house there, since it could have subserved no other + purpose than to elude our revenue law. But the Government of + Spain did not adopt that measure. On the contrary, it is + understood that the Captain-General of Cuba, to whom an + application to that effect was made by these adventurers, had + not acceded to it. The condition of those Provinces for many + years before they were ceded to the United States need not + now be dwelt on. Inhabited by different tribes of Indians and + an inroad for every kind of adventurer, the jurisdiction of + Spain may be said to have been almost exclusively confined to + her garrisons. It certainly could not extend to places where + she had no authority. The rules, therefore, applicable to + settled countries governed by laws could not be deemed so to + the deserts of Florida and to the occurrences there. It + merits attention also that the territory had then been ceded + to the United States by a treaty the ratification of which + had not been refused, and which has since been performed. + Under any circumstances, therefore, Spain became less + responsible for such acts committed there, and the United + States more at liberty to exercise authority to prevent so + great a mischief. The conduct of this Government has in every + instance been conciliatory and friendly to France. The + construction of our revenue law in its application to the + cases which have formed the ground of such serious complaint + on her part and the order to the collector of St. Marys, in + accord with it, were given two years before these cases + occurred, and in reference to a breach which was attempted by + the subjects of another power. The application, therefore, to + the cases in question was inevitable. As soon as the treaty + by which these Provinces were ceded to the United States was + ratified, and all danger of further breach of our revenue + laws ceased, an order was given for the release of the vessel + which had been seized and for the dismission of the libel + which had been instituted against her. + </p> + <p> + The principles of this system of reciprocity, founded on the + law of the 3d of March, 1815, have been since carried into + effect with the Kingdoms of the Netherlands, Sweden, Prussia, + and with Hamburg, Bremen, Lubeck, and Oldenburg, with a + provision made by subsequent laws in regard to the + Netherlands, Prussia, Hamburg, and Bremen that such produce + and manufactures as could only be, or most usually were, + first shipped from the ports of those countries, the same + being imported in vessels wholly belonging to their subjects, + should be considered and admitted as their own manufactures + and productions. + </p> + <p> + The Government of Norway has by an ordinance opened the ports + of that part of the dominions of the King of Sweden to the + vessels of the United States upon the payment of no other or + higher duties than are paid by Norwegian vessels, from + whatever place arriving and with whatever articles laden. + They have requested the reciprocal allowance for the vessels + of Norway in the ports of the United States. As this + privilege is not within the scope of the act of the 3d of + March, 1815, and can only be granted by Congress, and as it + may involve the commercial relations of the United States + with other nations, the subject is submitted to the wisdom of + Congress. + </p> + <p> + I have presented thus fully to your view our commercial + relations with other powers, that, seeing them in detail with + each power, and knowing the basis on which they rest, + Congress may in its wisdom decide whether any change ought to + be made, and, if any, in what respect. If this basis is + unjust or unreasonable, surely it ought to be abandoned; but + if it be just and reasonable, and any change in it will make + concessions subversive of equality and tending in its + consequences to sap the foundations of our prosperity, then + the reasons are equally strong for adhering to the ground + already taken, and supporting it by such further regulations + as may appear to be proper, should any additional support be + found necessary. + </p> + <p> + The question concerning the construction of the first article + of the treaty of Ghent has been, by a joint act of the + representatives of the United States and of Great Britain at + the Court of St. Petersburg, submitted to the decision of His + Imperial Majesty the Emperor of Russia. The result of that + submission has not yet been received. The commissioners under + the fifth article of that treaty not having been able to + agree upon their decision, their reports to the two + Governments, according to the provisions of the treaty, may + be expected at an early day. + </p> + <p> + With Spain the treaty of February 22, 1819, has been partly + carried into execution. Possession of East and West Florida + has been given to the United States, but the officers charged + with that service by an order from His Catholic Majesty, + delivered by his minister to the Secretary of State, and + transmitted by a special agent to the Captain-General of + Cuba, to whom it was directed and in whom the government of + those Provinces was vested, have not only omitted, in + contravention of the order of their Sovereign, the + performance of the express stipulation to deliver over the + archives and documents relating to the property and + sovereignty of those Provinces, all of which it was expected + would have been delivered either before or when the troops + were withdrawn, but defeated since every effort of the United + States to obtain them, especially those of the greatest + importance. This omission has given rise to several incidents + of a painful nature, the character of which will be fully + disclosed by the documents which will be hereafter + communicated. + </p> + <p> + In every other circumstance the law of the 3d of March last, + for carrying into effect that treaty, has been duly attended + to. For the execution of that part which preserved in force, + for the government of the inhabitants for the term specified, + all the civil, military, and judicial powers exercised by the + existing government of those Provinces an adequate number of + officers, as was presumed, were appointed, and ordered to + their respective stations. Both Provinces were formed into + one Territory, and a governor appointed for it; but in + consideration of the pre-existing division and of the + distance and difficulty of communication between Pensacola, + the residence of the governor of West Florida, and St. + Augustine, that of the governor of East Florida, at which + places the inconsiderable population of each Province was + principally collected, two secretaries were appointed, the + one to reside at Pensacola and the other at St. Augustine. + Due attention was likewise paid to the execution of the laws + of the United States relating to the revenue and the slave + trade, which were extended to these Provinces. The whole + Territory was divided into three collection districts, that + part lying between the river St. Marys and Cape Florida + forming one, that from the Cape to the Apalachicola another, + and that from the Apalachicola to the Perdido the third. To + these districts the usual number of revenue officers were + appointed; and to secure the due operation of these laws one + judge and a district attorney were appointed to reside at + Pensacola, and likewise one judge and a district attorney to + reside at St. Augustine, with a specified boundary between + them; and one marshal for the whole, with authority to + appoint a deputy. In carrying this law into effect, and + especially that part relating to the powers of the existing + government of those Provinces, it was thought important, in + consideration of the short term for which it was to operate + and the radical change which would be made at the approaching + session of Congress, to avoid expense, to make no appointment + which should not be absolutely necessary to give effect to + those powers, to withdraw none of our citizens from their + pursuits, whereby to subject the Government to claims which + could not be gratified and the parties to losses which it + would be painful to witness. + </p> + <p> + It has been seen with much concern that in the performance of + these duties a collision arose between the governor of the + Territory and the judge appointed for the western district. + It was presumed that the law under which this transitory + government was organized, and the commissions which were + granted to the officers who were appointed to execute each + branch of the system, and to which the commissions were + adapted, would have been understood in the same sense by them + in which they were understood by the Executive. Much + allowance is due to officers employed in each branch of this + system, and the more so as there is good cause to believe + that each acted under the conviction that he possessed the + power which he undertook to exercise. Of the officer holding + the principal station, I think it proper to observe that he + accepted it with reluctance, in compliance with the + invitation given him, and from a high sense of duty to his + country, being willing to contribute to the consummation of + an event which would insure complete protection to an + important part of our Union, which had suffered much from + incursion and invasion, and to the defense of which his very + gallant and patriotic services had been so signally and + usefully devoted. + </p> + <p> + From the intrinsic difficulty of executing laws deriving + their origin from different sources, and so essentially + different in many important circumstances, the advantage, and + indeed the necessity, of establishing as soon as may be + practicable a well-organized government over that Territory + on the principles of our system is apparent. This subject is + therefore recommended to the early consideration of Congress. + </p> + <p> + In compliance with an injunction of the law of the 3d of + March last, three commissioners have also been appointed and + a board organized for carrying into effect the eleventh + article of the treaty above recited, making provision for the + payment of such of our citizens as have well-founded claims + on Spain of the character specified by that treaty. This + board has entered on its duties and made some progress + therein. The commissioner and surveyor of His Catholic + Majesty, provided for by the fourth article of the treaty, + have not yet arrived in the United States, but are soon + expected. As soon as they do arrive corresponding + appointments will be made and every facility be afforded for + the due execution of this service. + </p> + <p> + The Government of His Most Faithful Majesty since the + termination of the last session of Congress has been removed + from Rio de Janeiro to Lisbon, where a revolution similar to + that which had occurred in the neighboring Kingdom of Spain + had in like manner been sanctioned by the accepted and + pledged faith of the reigning monarch. The diplomatic + intercourse between the United States and the Portuguese + dominions, interrupted by this important event, has not yet + been resumed, but the change of internal administration + having already materially affected the commercial intercourse + of the United States with the Portuguese dominions, the + renewal of the public missions between the two countries + appears to be desirable at an early day. + </p> + <p> + It is understood that the colonies in South America have had + great success during the present year in the struggle for' + their independence. The new Government of Colombia has + extended its territories and considerably augmented its + strength, and at Buenos Ayres, where civil dissensions had + for some time before prevailed, greater harmony and better + order appear to have been established. Equal success has + attended their efforts in the Provinces on the Pacific. It + has long been manifest that it would be impossible for Spain + to reduce these colonies by force, and equally so that no + conditions short of their independence would be satisfactory + to them. It may therefore be presumed, and it is earnestly + hoped, that the Government of Spain, guided by enlightened + and liberal councils, will find it to comport with its + interests and due to its magnanimity to terminate this + exhausting controversy on that basis. To promote this result + by friendly counsel with the Government of Spain will be the + object of the Government of the United States. + </p> + <p> + In conducting the fiscal operations of the year it has been + found necessary to carry into full effect the act of the last + session of Congress authorizing a loan of $5,000,000. This + sum has been raised at an average premium of $5.59 per centum + upon stock bearing an interest at the rate of 5 per cent per + annum, redeemable at the option of the Government after the + 1st day of January, 1835. + </p> + <p> + There has been issued under the provisions of this act + $4,735,296.30 of 5 per cent stock, and there has been or will + be redeemed during the year $3,197,030.71 of Louisiana 6 per + cent deferred stock and Mississippi stock. There has + therefore been an actual increase of the public debt + contracted during the year of $1,538,266.69. + </p> + <p> + The receipts into the Treasury from the 1st of January to the + 30th of September last have amounted to $16,219,197.70, + which, with the balance of $1,198,461.21 in the Treasury on + the former day, make the aggregate sum of $17,417,658.91. The + payments from the Treasury during the same period have + amounted to $15,655,288.47, leaving in the Treasury on the + last-mentioned day the sum of $1,762,370.44. It is estimated + that the receipts of the fourth quarter of the year will + exceed the demands which will be made on the Treasury during + the same period, and that the amount in the Treasury on the + 30th of September last will be increased on the 1st day of + January next. + </p> + <p> + At the close of the last session it was anticipated that the + progressive diminution of the public revenue in 1819 and + 1820, which had been the result of the languid state of our + foreign commerce in those years, had in the latter year + reached its extreme point of depression. It has, however, + been ascertained that that point was reached only at the + termination of the first quarter of the present year. From + that time until the 30th of September last the duties secured + have exceeded those of the corresponding quarters of the last + year $1,172,000, whilst the amount of debentures issued + during the three first quarters of this year is $952,000 less + than that of the same quarters of the last year. + </p> + <p> + There are just grounds to believe that the improvement which + has occurred in the revenue during the last-mentioned period + will not only be maintained, but that it will progressively + increase through the next and several succeeding years, so as + to realize the results which were presented upon that subject + by the official reports of the Treasury at the commencement + of the last session of Congress. + </p> + <p> + Under the influence of the most unfavorable circumstances the + revenue for the next and subsequent years to the year 1825 + will exceed the demands at present authorized by law. + </p> + <p> + It may fairly be presumed that under the protection given to + domestic manufactures by the existing laws we shall become at + no distant period a manufacturing country on an extensive + scale. Possessing as we do the raw materials in such vast + amount, with a capacity to augment them to an indefinite + extent; raising within the country aliment of every kind to + an amount far exceeding the demand for home consumption, even + in the most unfavorable years, and to be obtained always at a + very moderate price; skilled also, as our people are, in the + mechanic arts and in every improvement calculated to lessen + the demand for and the price of labor, it is manifest that + their success in every branch of domestic industry may and + will be carried, under the encouragement given by the present + duties, to an extent to meet any demand which under a fair + competition may be made upon it. + </p> + <p> + A considerable increase of domestic manufactures, by + diminishing the importation of foreign, will probably tend to + lessen the amount of the public revenue. As, however, a large + proportion of the revenue which is derived from duties is + raised from other articles than manufactures, the demand for + which will increase with our population, it is believed that + a fund will still be raised from that source adequate to the + greater part of the public expenditures, especially as those + expenditures, should we continue to be blessed with peace, + will be diminished by the completion of the fortifications, + dockyards, and other public works, by the augmentation of the + Navy to the point to which it is proposed to carry it, and by + the payment of the public debt, including pensions for + military services. + </p> + <p> + It can not be doubted that the more complete our internal + resources and the less dependent we are on foreign powers for + every national as well as domestic purpose the greater and + more stable will be the public felicity. By the increase of + domestic manufactures will the demand for the rude materials + at home be increased, and thus will the dependence of the + several parts of our Union on each other and the strength of + the Union itself be proportionably augmented. In this + process, which is very desirable, and inevitable under the + existing duties, the resources which obviously present + themselves to supply a deficiency in the revenue, should it + occur, are the interests which may derive the principal + benefit from the change. If domestic manufactures are raised + by duties on foreign, the deficiency in the fund necessary + for public purposes should be supplied by duties on the + former. At the last session it seemed doubtful whether the + revenue derived from the present sources would be adequate to + all the great purposes of our Union, including the + construction of our fortifications, the augmentation of the + Navy, and the protection of our commerce against the dangers + to which it is exposed. Had the deficiency been such as to + subject us to the necessity either to abandon those measures + of defense or to resort to other means for adequate funds, + the course presented to the adoption of a virtuous and + enlightened people appeared to be a plain one. It must be + gratifying to all to know that this necessity does not exist. + Nothing, however, in contemplation of such important objects, + which can be easily provided for, should be left to hazard. + It is thought that the revenue may receive an augmentation + from the existing sources, and in a manner to aid our + manufactures, without hastening prematurely the result which + has been suggested. It is believed that a moderate additional + duty on certain articles would have that effect, without + being liable to any serious objection. + </p> + <p> + The examination of the whole coast, for the construction of + permanent fortifications, from St. Croix to the Sabine, with + the exception of part of the territory lately acquired, will + be completed in the present year, as will be the survey of + the Mississippi, under the resolution of the House of + Representatives, from the mouth of the Ohio to the ocean, and + likewise of the Ohio from Louisville to the Mississippi. A + progress corresponding with the sums appropriated has also + been made in the construction of these fortifications at the + points designated. As they will form a system of defense for + the whole maritime frontier, and in consequence for the + interior, and are to last for ages, the greatest care has + been taken to fix the position of each work and to form it on + such a scale as will be adequate to the purpose intended by + it. All the inlets and assailable parts of our Union have + been minutely examined, and positions taken with a view to + the best effect, observing in every instance a just regard + for economy. Doubts, however, being entertained as to the + propriety of the position and extent of the work at Dauphine + Island, further progress in it was suspended soon after the + last session of Congress, and an order given to the Board of + Engineers and Naval Commissioners to make a further and more + minute examination of it in both respects, and to report the + result without delay. + </p> + <p> + Due progress has been made in the construction of vessels of + war according to the law providing for the gradual + augmentation of the Navy, and to the extent of existing + appropriations. The vessels authorized by the act of 1820 + have all been completed and are now in actual service. None + of the larger ships have been or will be launched for the + present, the object being to protect all which may not be + required for immediate service from decay by suitable + buildings erected over them. A squadron has been maintained, + as heretofore, in the Mediterranean, by means whereof peace + has been preserved with the Barbary Powers. This squadron has + been reduced the present year to as small a force as is + compatible with the fulfillment of the object intended by it. + From past experience and the best information respecting the + views of those powers it is distinctly understood that should + our squadron be withdrawn they would soon recommence their + hostilities and depredations upon our commerce. Their + fortifications have lately been rebuilt and their maritime + force increased. It has also been found necessary to maintain + a naval force on the Pacific for the protection of the very + important interests of our citizens engaged in commerce and + the fisheries in that sea. Vessels have likewise been + employed in cruising along the Atlantic coast, in the Gulf of + Mexico, on the coast of Africa, and in the neighboring seas. + In the latter many piracies have been committed on our + commerce, and so extensive was becoming the range of those + unprincipled adventurers that there was cause to apprehend, + without a timely and decisive effort to suppress them, the + worst consequences would ensue. Fortunately, a considerable + check has been given to that spirit by our cruisers, who have + succeeded in capturing and destroying several of their + vessels. Nevertheless, it is considered an object of high + importance to continue these cruises until the practice is + entirely suppressed. Like success has attended our efforts to + suppress the slave trade. Under the flag of the United States + and the sanction of their papers the trade may be considered + as entirely suppressed, and if any of our citizens are + engaged in it under the flags and papers of other powers, it + is only from a respect to the rights of those powers that + these offenders are not seized and brought home to receive + the punishment which the laws inflict. If every other power + should adopt the same policy and pursue the same vigorous + means for carrying it into effect, the trade could no longer + exist. + </p> + <p> + Deeply impressed with the blessings which we enjoy, and of + which we have such manifold proofs, my mind is irresistibly + drawn to that Almighty Being, the great source from whence + they proceed and to whom our most grateful acknowledgments + are due. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>December 16, 1821</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress a letter from the Secretary of the + Treasury, inclosing the report of the commissioners appointed + in conformity with the provisions of "An act to authorize the + building of light-houses therein mentioned, and for other + purposes," approved the 3d of March, 1821. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 16, 1821</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + By a resolution of Congress approved on the 27th of March, + 1818, it was directed that the journal, acts, and proceedings + of the Convention which formed the present Constitution of + the United States should be published, under the direction of + the President of the United States, together with the secret + journals of the acts and proceedings, and the foreign + correspondence (with a certain exception), of the Congress of + the United States from the first meeting thereof down to the + date of the ratification of the definitive treaty of peace + between Great Britain and the United States, in the year + 1783, and that 1,000 copies thereof should be printed, of + which one copy should be furnished to each member of that + (the Fifteenth) Congress, and the residue should remain + subject to the future disposition of Congress. + </p> + <p> + And by a resolution of Congress approved on the 21st April, + 1820, it was provided that the secret journal, together with + all the papers and documents connected with that journal, and + all other papers and documents heretofore considered + confidential, of the old Congress, from the date of the + ratification of the definitive treaty of the year 1783 to the + formation of the present Government, which were remaining in + the office of the Secretary of State, should be published + under the direction of the President of the United States, + and that I,000 copies thereof should be printed and deposited + in the Library subject to the disposition of Congress. + </p> + <p> + In pursuance of these two resolutions, 1,000 copies of the + journals and acts of the Convention which formed the + Constitution have been heretofore printed and placed at the + disposal of Congress, and 1,000 copies of the secret journals + of the Congress of the Confederation, complete, have been + printed, 250 copies of which have been reserved to comply + with the direction of furnishing one copy to each member of + the Fifteenth Congress; the remaining 750 copies have been + deposited in the Library and are now at the disposal of + Congress. + </p> + <p> + By the general appropriation act of 9th April, 1818, the sum + of $10,000 was appropriated for defraying the expenses of + printing done pursuant to the resolution of the 27th of March + of that year. No appropriation has yet been made to defray + the expenses incident to the execution of the resolution of + 21st April, 1820. The whole expense hitherto incurred in + carrying both resolutions into effect has exceeded by $542.56 + the appropriation of April, 1818. This balance remains due to + the printers, and is included in the estimates of + appropriation for the year 1822. That part of the resolution + of the 27th March, 1818, which directs the publication of the + foreign correspondence of the Congress of the Confederation + remains yet to be executed, and a further appropriation will + be necessary for carrying it into effect. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 30, 1821. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate a treaty of peace and amity + concluded between the United States and the Dey and Regency + of Algiers on the 23d of December, 1816. + </p> + <p> + This treaty is in all respects the same in its provisions + with that which had been concluded on the 30th of June, 1815, + and was ratified, by and with the advice and consent of the + Senate, on the 26th of December of that year, with the + exception of one additional and explanatory article. + </p> + <p> + The circumstances which have occasioned the delay in laying + the present treaty before the Senate for their advice and + consent to its ratification are, that having been received in + the spring of the year 1817, during the recess of the Senate, + in the interval between the time when the Department of State + was vacated by its late Secretary and the entrance of his + successor upon the duties of the office, and when a change + also occurred of the chief clerk of the Department, it was + not recollected by the officers of the Department that it + remained without the constitutional sanction of the Senate + until shortly before the commencement of the present session. + The documents explanatory of the additional articles are + likewise herewith transmitted. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON <i>January 7, 1822</i>. + </p> + <p> + <i>To the Congress of the United States</i>: + </p> + <p> + I transmit a report of the Secretary of the Navy, together + with a survey of the coast of North Carolina, made in + pursuance of a resolution of Congress of the 19th January, + 1819. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 8, 1822</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In pursuance of a joint resolution of the two Houses of + Congress of the 3d of March, 1821, authorizing the President + to cause such number of astronomical observations to be made + by methods which might, in his judgment, be best adapted to + insure a correct determination of the longitude of the + Capitol, in the city of Washington, from Greenwich or some + other known meridian in Europe, and that he cause the data, + with accurate calculations on statements founded thereon, to + be laid before them at their present session, I herewith + transmit to Congress the report made by William Lambert, who + was selected by me on the 10th of April last to perform the + service required by that resolution. + </p> + <p> + As no compensation is authorized by law for the execution of + the duties assigned to Mr. Lambert, it is submitted to the + discretion of Congress to make the necessary provision for an + adequate allowance to him and to the assistant whom he + employed to aid him in his observations. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 17, 1822. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I nominate the persons whose names are stated in the inclosed + letter from the Secretary of War for the appointments therein + respectively proposed for them. + </p> + <p> + The changes in the Army growing out of the act of the 2d of + March, 1821, "to reduce and fix the military peace + establishment of the United States," are exhibited in the + Official Register for the year 1822, herewith submitted for + the information of the Senate. + </p> + <p> + Under the late organization of the artillery arm, with the + exception of the colonel of the regiment of light artillery, + there were no grades higher than lieutenant-colonel + recognized. Three of the four colonels of artillery provided + for by the act of Congress of the 2d of March, 1821, were + considered, therefore, as original vacancies, to be filled, + as the good of the service might dictate, from the Army + corps. + </p> + <p> + The Pay Department being considered as a part of the military + establishment, and, within the meaning of the above-recited + act, constituting one of the corps of the Army, the then Pay + master-General was appointed colonel of one of the regiments. + A contrary construction, which would have limited the corps + specified in the twelfth section of the act to the line of + the Army, would equally have excluded all the other branches + of the staff, as well that of the Pay Department, which was + expressly comprehended among those to be reduced. Such a + construction did not seem to be authorized by the act, since + by its general terms it was inferred to have been intended to + give a power of sufficient extent to make the reduction by + which so many were to be disbanded operate with as little + inconvenience as possible to the parties. Acting on these + views and on the recommendation of the board of general + officers, who were called in on account of their knowledge + and experience to aid the Executive in so delicate a service, + I thought it proper to appoint Colonel Towson to one of the + new regiments of artillery, it being a corps in which he had + eminently distinguished himself and acquired great knowledge + and experience in the late war. + </p> + <p> + In reconciling conflicting claims provision for four officers + of distinction could only be made in grades inferior to those + which they formerly held. Their names are submitted, with the + nomination for the brevet rank of the grades from which they + were severally reduced. + </p> + <p> + It is proper also to observe that as it was found difficult + in executing the act to retain each officer in the corps to + which he belonged, the power of transferring officers from + one corps to another was reserved in the general orders, + published in the Register, till the 1st day of January last, + in order that upon vacancies occurring those who had been put + out of their proper corps might as far as possible be + restored to it. Under this reservation, and in conformity to + the power vested in the Executive by the first section of the + seventy-fifth article of the general regulations of the Army, + approved by Congress at the last session, on the resignation + of Lieutenant-Colonel Mitchell, of the corps of artillery, + Lieutenant-Colonel Lindsay, who had belonged to this corps + before the late reduction, was transferred back to it in the + same grade. As an additional motive to the transfer, it had + the effect of preventing Lieutenant-Colonel Taylor and Major + Woolley being reduced to lower grades than those which they + held before the reduction, and Captain Cobb from being + disbanded under the act. These circumstances were considered + as constituting an extraordinary case within the meaning of + the section already referred to of the Regulations of the + Army. It is, however, submitted to the Senate whether this is + a case requiring their confirmation; and in case that such + should be their opinion, it is submitted to them for their + constitutional confirmation. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 20, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives "requesting the President of the United + States to cause to be laid before this House an account of + the expenditures made under the act to provide for the + civilization of the Indian tribes, specifying the times when, + the persons to whom, and the particular purpose for which + such expenditures have been made," I herewith transmit a + report from the Secretary of War. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 28, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with the resolution of the 2d instant, I + transmit a report of the Secretary of State, with all the + documents relating to the misunderstanding between Andrew + Jackson, while acting as governor of the Floridas, and + Eligius Fromentin, judge of a court therein; and also of the + correspondence between the Secretary of State and the + minister plenipotentiary of His Catholic Majesty on certain + proceedings in that Territory in execution of the powers + vested in the governor by the Executive under the law of the + last session for carrying into effect the late treaty between + the United States and Spain. Being always desirous to + communicate to Congress, or to either House, all the + information in the possession of the Executive respecting any + important interest of our Union which may be communicated + without real injury to our constituents, and which can rarely + happen except in negotiations pending with foreign powers, + and deeming it more consistent with the principles of our + Government in cases submitted to my discretion, as in the + present instance, to hazard error by the freedom of the + communication rather than by withholding any portion of + information belonging to the subject, I have thought proper + to communicate every document comprised within this call. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 30, 1822</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In pursuance of a resolution of the House of Representatives + of the 16th instant, requesting information with regard to + outrages and abuses committed upon the persons of the + officers and crews of American vessels at The Havannah and + other Spanish ports in America, and whether the Spanish + authorities have taken any measures to punish, restrain, or + countenance such outrages, I herewith transmit to that House + a report from the Secretary of State, containing the + information called for. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 30, 1822</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In pursuance of a resolution of the House of Representatives + of the 8th instant, I transmit to the House of + Representatives a report of the Secretary of State, + containing all the information procured by him in relation to + commissions of bankruptcy in certain districts of the United + States under the act of 4th of April, 1800, "to establish an + uniform system of bankruptcy in the United States." + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 7, 1822</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives requesting the President to "cause that House + to be informed whether the commissioners appointed to lay out + the continuation of the Cumberland road from Wheeling, in the + State of Virginia, through the States of Ohio, Indiana, and + Illinois to the Mississippi River, have completed the same, + and, if not completed, the reason why their duties have been + suspended," I transmit a report from the Secretary of the + Treasury, which furnishes the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 10, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives "requesting the President of the United + States to cause to be laid before this House any information + which he may have of the condition of the several Indian + tribes within the United States and the measures hitherto + devised and pursued for their civilization," I now transmit a + report from the Secretary of War. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 23, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives "requesting the President of the United + States to cause to be reported to this House whether the + Indian title has been extinguished by the United States to + any lands the right of soil in which has been or is claimed + by any particular State, and, if so, the conditions upon + which the same has been extinguished," I herewith transmit a + report from the Secretary of War, furnishing all the + information in the possession of that Department embraced by + the resolution, + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 23, 1822</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 14th + instant, requesting the President of the United States "to + make known to the Senate the annual disposition which has + been made of the sum of $15,000 appropriated by an act of + Congress of the year 1802 to promote civilization among + friendly Indian tribes, showing to what tribes that evidence + of the national bounty has been extended, the names of the + agents who have been intrusted with the application of the + money, the several amounts by them received, and the manner + in which they have severally applied it to accomplish the + objects of the act," I herewith transmit a report from the + Secretary of War, furnishing all the information upon this + subject in the possession of that Department. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 25, 1822</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Under the appropriation made by the act of Congress of the + 11th of April, 1820, for holding treaties with the Creek and + Cherokee nations of Indians for the extinguishment of the + Indian title to lands within the State of Georgia, pursuant + to the fourth condition of the first article of the articles + of agreement and cession concluded between the United States + and the State of Georgia on the 24th day of April, 1802, a + treaty was held with the Creek Nation, the expense of which + upon the settlement of the accounts of the commissioners who + were appointed to conduct the negotiation was ascertained to + amount to the sum of $24,695, leaving an unexpended balance + of the sum appropriated of $5,305, a sum too small to + negotiate a treaty with the Cherokees, as was contemplated by + the act making the appropriation. The legislature of Georgia + being still desirous that a treaty should be held for further + extinguishment of the Indian title to lands within that + State, and to obtain an indemnity to the citizens of that + State for property of considerable value, which has been + taken from them by the Cherokee Indians, I submit the subject + to the consideration of Congress, that a further sum, which, + in addition to the balance of the former appropriation, will + be adequate to the expenses attending a treaty with them, may + be appropriated should Congress deem it expedient. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 4, 1822</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 22d ultimo, requesting the President + of the United States "to cause to be laid before this House a + statement showing the amount of woolens purchased for the use + of the Army during the years 1820 and 1821, comprising a + description of the articles, of whom the purchases were made, + at what prices, and what proportion thereof was of American + manufacture," I herewith transmit a report from the Secretary + of War. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 8, 1822</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In transmitting to the House of Representatives the documents + called for by the resolution of that House of the 30th + January, I consider it my duty to invite the attention of + Congress to a very important subject, and to communicate the + sentiments of the Executive on it, that, should Congress + entertain similar sentiments, there may be such cooperation + between the two departments of the Government as their + respective rights and duties may require. + </p> + <p> + The revolutionary movement in the Spanish Provinces in this + hemisphere attracted the attention and excited the sympathy + of our fellow-citizens from its commencement. This feeling + was natural and honorable to them, from causes which need not + be communicated to you. It has been gratifying to all to see + the general acquiescence which has been manifested in the + policy which the constituted authorities have deemed it + proper to pursue in regard to this contest. As soon as the + movement assumed such a steady and consistent form as to make + the success of the Provinces probable, the rights to which + they were entitled by the law of nations as equal parties to + a civil war were extended to them. Each party was permitted + to enter our ports with its public and private ships, and to + take from them every article which was the subject of + commerce with other nations. Our citizens, also, have carried + on commerce with both parties, and the Government has + protected it with each in articles not contraband of war. + Through the whole of this contest the United States have + remained neutral, and have fulfilled with the utmost + impartiality all the obligations incident to that character. + </p> + <p> + This contest has now reached such a stage and been attended + with such decisive success on the part of the Provinces that + it merits the most profound consideration whether their right + to the rank of independent nations, with all the advantages + incident to it in their intercourse with the United States, + is not complete. Buenos Ayres assumed that rank by a formal + declaration in 1816, and has enjoyed it since 1810 free from + invasion by the parent country. The Provinces composing the + Republic of Colombia, after having separately declared their + independence, were united by a fundamental law of the 17th of + December, 1819. A strong Spanish force occupied at that time + certain parts of the territory within their limits and waged + a destructive war. That force has since been repeatedly + defeated, and the whole of it either made prisoners or + destroyed or expelled from the country, with the exception of + an inconsiderable portion only, which is blockaded in two + fortresses. The Provinces on the Pacific have likewise been + very successful. Chili declared independence in 1818, and has + since enjoyed it undisturbed; and of late, by the assistance + of Chili and Buenos Ayres, the revolution has extended to + Peru. Of the movement in Mexico our information is less + authentic, but it is, nevertheless, distinctly understood + that the new Government has declared its independence, and + that there is now no opposition to it there nor a force to + make any. For the last three years the Government of Spain + has not sent a single corps of troops to any part of that + country, nor is there any reason to believe it will send any + in future. Thus it is manifest that all those Provinces are + not only in the full enjoyment of their independence, but, + considering the state of the war and other circumstances, + that there is not the most remote prospect of their being + deprived of it. + </p> + <p> + When the result of such a contest is manifestly settled, the + new governments have a claim to recognition by other powers + which ought not to be resisted. Civil wars too often excite + feelings which the parties can not control. The opinion + entertained by other powers as to the result may assuage + those feelings and promote an accommodation between them + useful and honorable to both. The delay which has been + observed in making a decision on this important subject will, + it is presumed, have afforded an unequivocal proof to Spain, + as it must have done to other powers, of the high respect + entertained by the United States for her rights and of their + determination not to interfere with them. The Provinces + belonging to this hemisphere are our neighbors, and have + successively, as each portion of the country acquired its + independence, pressed their recognition by an appeal to facts + not to be contested, and which they thought gave them a just + title to it. To motives of interest this Government has + invariably disclaimed all pretension, being resolved to take + no part in the controversy or other measure in regard to it + which should not merit the sanction of the civilized world. + To other claims a just sensibility has been always felt and + frankly acknowledged, but they in themselves could never + become an adequate cause of action. It was incumbent on this + Government to look to every important fact and circumstance + on which a sound opinion could be formed, which has been + done. When we regard, then, the great length of time which + this war has been prosecuted, the complete success which has + attended it in favor of the Provinces, the present condition + of the parties, and the utter inability of Spain to produce + any change in it, we are compelled to conclude that its fate + is settled, and that the Provinces which have declared their + independence and are in the enjoyment of it ought to be + recognized. + </p> + <p> + Of the views of the Spanish Government on this subject no + particular information has been recently received. It may be + presumed that the successful progress of the revolution + through such a long series of years, gaining strength and + extending annually in every direction, and embracing by the + late important events, with little exception, all the + dominions of Spain south of the United States on this + continent, placing thereby the complete sovereignty over the + whole in the hands of the people, will reconcile the parent + country to an accommodation with them on the basis of their + unqualified independence. Nor has any authentic information + been recently received of the disposition of other powers + respecting it. A sincere desire has been cherished to act in + concert with them in the proposed recognition, of which + several were some time past duly apprised; but it was + understood that they were not prepared for it. The immense + space between those powers, even those which border on the + Atlantic, and these Provinces makes the movement an affair of + less interest and excitement to them than to us. It is + probable, therefore, that they have been less attentive to + its progress than we have been. It may be presumed, however, + that the late events will dispel all doubt of the result. + </p> + <p> + In proposing this measure it is not contemplated to change + thereby in the slightest manner our friendly relations with + either of the parties, but to observe in all respects, as + heretofore, should the war be continued, the most perfect + neutrality between them. Of this friendly disposition an + assurance will be given to the Government of Spain, to whom + it is presumed it will be, as it ought to be, satisfactory. + The measure is proposed under a thorough conviction that it + is in strict accord with the law of nations, that it is just + and right as to the parties, and that the United States owe + it to their station and character in the world, as well as to + their essential interests, to adopt it. Should Congress + concur in the view herein presented, they will doubtless see + the propriety of making the necessary appropriations for + carrying it into effect. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 9, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit a report from the Secretary of War, together with + the annual return of the militia of the United States, and an + exhibit of the arms, accouterments, and ammunition of the + several States and Territories of the United States, prepared + in conformity with the militia laws on that subject. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 12, 1822</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I lay before the Senate the copy of a supplementary report, + made by William Lambert, in relation to the longitude of the + Capitol from Greenwich, in pursuance of a joint resolution of + the two Houses of Congress of the 3d of March, 1821, and I + subjoin an extract from the letter of Mr. Lambert submitting + that report. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 26, 1822</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Congress having suspended the appropriation, at the last + session, for the fortification at Dauphine Island, in + consequence of a doubt which was entertained of the propriety + of that position, the further prosecution of the work was + suspended, and an order given, as intimated in the message of + the 3d of December, to the Board of Engineers and Naval + Commissioners to examine that part of the coast, and + particularly that position, as also the position at Mobile + Point, with which it is connected, and to report their + opinion thereon, which has been done, and which report is + herewith communicated. + </p> + <p> + By this report it appears to be still the opinion of the + Board that the construction of works at both these positions + is of great importance to the defense of New Orleans and of + all that portion of our Union which is connected with and + dependent on the Mississippi and on the other waters which + empty into the Gulf of Mexico between that river and Cape + Florida. That the subject may be fully before Congress, I + transmit also a copy of the former report of the Board, being + that on which the work was undertaken and has been in part + executed. Approving as I do the opinion of the Board, I + consider it my duty to state the reasons on which I adopted + the first report, especially as they were in part suggested + by the occurrences of the late war. + </p> + <p> + The policy which induced Congress to decide on and provide + for the defense of the coast immediately after the war was + founded on the marked events of that interesting epoch. The + vast body of men which it was found necessary to call into + the field through the whole extent of our maritime frontier, + and the number who perished by exposure, with the immense + expenditure of money and waste of property which followed, + were to be traced in an eminent degree to the defenseless + condition of the coast. It was to mitigate these evils in + future wars, and even for the higher purpose of preventing + war itself, that the decision was formed to make the coast, + so far as it might be practicable, impregnable, and that the + measures necessary to that great object have been pursued + with so much zeal since. + </p> + <p> + It is known that no part of our Union is more exposed to + invasion by the numerous avenues leading to it, or more + defenseless by the thinness of the neighboring population, or + offers a greater temptation to invasion, either as a + permanent acquisition or as a prize to the cupidity of + grasping invaders from the immense amount of produce + deposited there, than the city of New Orleans. It is known + also that the seizure of no part of our Union could affect so + deeply and vitally the immediate interests of so many States + and of so many of our fellow-citizens, comprising all that + extensive territory and numerous population which are + connected with and dependent on the Mississippi, as the + seizure of that city. Strong works, well posted, were + therefore deemed absolutely necessary for its protection. + </p> + <p> + It is not, however, by the Mississippi only, or the waters + which communicate directly with or approach nearest to New + Orleans, that the town is assailable. It will be recollected + that in the late war the public solicitude was excited not so + much by the danger which menaced it in those directions as by + the apprehension that, while a feint might be made there, the + main force, landing either in the bay of Mobile or other + waters between that bay and the Rigolets, would be thrown + above the town in the rear of the army which had been + collected there for its defense. Full confidence was + entertained that that gallant army, led by the gallant and + able chief who commanded it, would repel any attack to which + it might be exposed in front. But had such a force been + thrown above the town, and a position taken on the banks of + the river, the disadvantage to which our troops would have + been subjected, attacked in front and rear as they might have + been, may easily be conceived. As their supplies would have + been cut off, they could not long have remained in the city, + and, withdrawing from it, it must have fallen immediately + into the hands of the force below. In ascending the river to + attack the force above, the attack must have been made to + great disadvantage, since it must have been on such ground + and at such time as the enemy preferred. These considerations + shew that defenses other than such as are immediately + connected with the city are of great importance to its + safety. + </p> + <p> + An attempt to seize New Orleans and the lower part of the + Mississippi will be made only by a great power or a + combination of several powers, with a strong naval and land + force, the latter of which must be brought in transports + which may sail in shallow water. If the defenses around New + Orleans are well posted and of sufficient strength to repel + any attack which may be made on them, the city can be + assailed only by a land force, which must pass in the + direction above suggested, between the Rigolets and the bay + of Mobile. It becomes, therefore, an object of high + importance to present such an obstacle to such an attempt as + would defeat it should it be made. Fortifications are useful + for the defense of posts, to prevent the approach to cities + and the passage of rivers; but as works their effect can not + be felt beyond the reach of their cannon. They are formidable + in other respects by the body of men within them, which may + be removed and applied to other purposes. + </p> + <p> + Between the Rigolets and the bay of Mobile there is a chain + of islands, at the extremity of which is Dauphine Island, + which forms, with Mobile Point, from which it is distant + about 3-1/4 miles, the entrance into the bay of Mobile, which + leads through that part of the State of Alabama to the towns + of Mobile and Blakeley. The distance between Dauphine Island + and the Rigolets is 90 miles. The principal islands between + them are Massacre, Horn, Ship, and Cat islands, near to which + there is anchorage for large ships of war. The first object + is to prevent the landing of any force for the purposes above + stated between the Rigolets and the bay of Mobile; the + second, to defeat that force in case it should be landed. + When the distance from one point to the other is considered, + it is believed that it would be impossible to establish works + so near to each other as to prevent the landing of such a + force. Its defeat, therefore, should be effectually provided + for. If the arrangement should be such as to make that result + evident, it ought to be fairly concluded that the attempt + would not be made, and thus we should accomplish in the best + mode possible and with the least expense the complete + security of this important part of our Union, the great + object of our system of defense for the whole. + </p> + <p> + There are some other views of this subject which it is + thought will merit particular attention in deciding the point + in question. Not being able to establish a chain of posts, at + least for the present, along the whole coast from the + Rigolets to Dauphine Island, or on all the islands between + them, at which point shall we begin? Should an attack on the + city be anticipated, it can not be doubted that an adequate + force would immediately be ordered there for its defense. If + the enemy should despair of making an impression on the works + near the town, it may be presumed that they would promptly + decide to make the attempt in the manner and in the line + above suggested between the Rigolets and the bay of Mobile. + It will be obvious that the nearer the fortification is + erected to the Rigolets with a view to this object, should it + be on Cat or Ship Island, for example, the wider would the + passage be left open between that work and the bay of Mobile + for such an enterprise. The main army, being drawn to New + Orleans, would be ready to meet such an attempt near the + Rigolets or at any other point not distant from the city. It + is probable, therefore, that the enemy, profiting of a fair + wind, would make his attempt at the greatest distance + compatible with his object from that point, and at the bay of + Mobile should there not be works there of sufficient strength + to prevent it. Should, however, strong works be erected + there, such as were sufficient not only for their own defense + against any attack which might be made on them, but to hold a + force connected with that which might be drawn from the + neighboring country, capable of cooperating with the force at + the city, and which would doubtless be ordered to those works + in the event of war, it would be dangerous for the invading + force to land anywhere between the Rigolets and the bay of + Mobile and to pass toward the Mississippi above the city, + lest such a body might be thrown in its rear as to cut off + its retreat. These considerations show the great advantage of + establishing at the mouth of the bay of Mobile very strong + works, such as would be adequate to all the purposes + suggested. + </p> + <p> + If fortifications were necessary only to protect our country + and cities against the entry of large ships of war into our + bays and rivers, they would be of little use for the defense + of New Orleans, since that city can not be approached so + near, either by the Mississippi or in any other direction, by + such vessels for them to make an attack on it. In the Gulf, + within our limits west of Florida, which had been acquired + since these works were decided on and commenced, there is no + bay or river into which large ships of war can enter. As a + defense, therefore, against an attack from such vessels + extensive works would be altogether unnecessary either at + Mobile Point or at Dauphine Island, since sloops of war only + can navigate the deepest channel. But it is not for that + purpose alone that these works are intended. It is to provide + also against a formidable invasion, both by land and sea, the + object of which may be to shake the foundation of our system. + Should such small works be erected, and such an invasion take + place, they would be sure to fall at once into the hands of + the invaders and to be turned against us. + </p> + <p> + Whether the acquisition of Florida may be considered as + affording an inducement to make any change in the position or + strength of these works is a circumstance which also merits + attention. From the view which I have taken of the subject I + am of opinion that it should not. The defense of New Orleans + and of the river Mississippi against a powerful invasion + being one of the great objects of such extensive works, that + object would be essentially abandoned if they should be + established eastward of the bay of Mobile, since the force to + be collected in them would be placed at too great a distance + to allow the cooperation necessary for those purposes between + it and that at the city; in addition to which, it may be + observed that by carrying them to Pensacola or farther to the + east that bay would fall immediately, in case of such + invasion, into the hands of the enemy, whereby such + cooperation would be rendered utterly impossible, and the + State of Alabama would also be left wholly unprotected. + </p> + <p> + With a view to such formidable invasion, of which we should + never lose sight, and of the great objects to which it would + be directed, I think that very strong works at some point + within the Gulf of Mexico will be found indispensable. I + think also that those works ought to be established at the + bay of Mobile—one at Mobile Point and the other on + Dauphine Island—whereby the enemy would be excluded and + the complete command of that bay, with all the advantages + attending it, be secured to ourselves. In the case of such + invasion, it will, it is presumed, be deemed necessary to + collect at some point other than at New Orleans a strong + force, capable of moving in any direction and affording aid + to any part which may be attacked; and, in my judgment, no + position presents so many advantages as a point of rendezvous + for such force as the mouth of that bay. The fortification at + the Rigolets will defend the entrance by one passage into + Lake Pontchartrain, and also into Pearl River, which empties + into the Gulf at that point. Between the Rigolets and Mobile + Bay there are but two inlets which deserve the name, those of + St. Louis and Pascagola, the entrance into which is too + shallow even for the smallest vessels; and from the Rigolets + to Mobile Bay the whole coast is equally shallow, affording + the depth of a few feet of water only. Cat Island, which is + nearest the Rigolets, is about 7-1/2 miles distant from the + coast and 30 from the Rigolets. Ship Island is distant about + 10 miles from Cat Island and 12 from the coast. Between these + islands and the coast the water is very shallow. + </p> + <p> + As to the precise depth of water in approaching those islands + from the Gulf, the report of the topographical engineers not + having yet been received, it is impossible to speak with + precision; but admitting it to be such as for frigates and + even ships of the line to enter, the anchorage at both is + unsafe, being much exposed to northwest winds. Along the + coast, therefore, there is no motive for such strong works on + our part—no town to guard, no inlet into the country to + defend—and if placed on the islands and the entrance to + them is such as to admit large ships of war, distant as they + are from the coast, it would be more easy for the enemy to + assail them with effect. + </p> + <p> + The position, however, at Mobile Bay is essentially + different. That bay takes its name from the Mobile River, + which is formed by the junction of the Alabama and Tombigbee, + which extend each about 300 miles into the interior, + approaching at their head waters near the Tennessee River. If + the enemy possessed its mouth, and fortified Mobile Point and + Dauphine Island, being superior at sea it would be very + difficult for us to dispossess him of either, even of Mobile + Point; and holding that position, Pensacola would soon fall, + as without incurring great expense in the construction of + works there it would present but a feeble resistance to a + strong force in its rear. If we had a work at Mobile Point + only, the enemy might take Dauphine Island, which would + afford him great aid in attacking the point, and enable him, + even should we succeed in repelling the attack, to render us + great mischief there and throughout the whole Gulf. In every + view which can be taken of the subject it appears + indispensable for us to command the entrance into Mobile Bay, + and that decision being taken, I think the considerations + which favor the occupation of Dauphine Island by a strong + work are conclusive. It is proper to observe that after the + repulse before New Orleans in the late war the British forces + took possession of Dauphine Island and held it till the + peace. Under neither of the reports of the Board of Engineers + and Naval Commissioners could any but sloops of war enter the + bay or the anchorage between Dauphine and Pelican islands. + Both reports give to that anchorage 18 feet at low water and + 20-1/2 at high. The only difference between them consists in + this, that in the first a bar leading to the anchorage, + reducing the depth of water to 12 feet at low tide, was + omitted. In neither case could frigates enter, though sloops + of war of larger size might. The whole scope, however, of + this reasoning turns on a different principle—on the + works necessary to defend that bay and, by means thereof, New + Orleans, the Mississippi, and all the surrounding country + against a powerful invasion both by land and sea, and not on + the precise depth of water in any of the approaches to the + bay or to the island. + </p> + <p> + The reasoning which is applicable to the works near New + Orleans and at the bay of Mobile is equally so in certain + respects to those which are to be erected for the defense of + all the bays and rivers along the other parts of the coast. + All those works are also erected on a greater scale than + would be necessary for the sole purpose of preventing the + passage of our inlets by large ships of war. They are in most + instances formed for defense against a more powerful + invasion, both by land and sea. There are, however, some + differences between the works which are deemed necessary in + the Gulf and those in other parts of our Union, founded on + the peculiar situation of that part of the coast. The vast + extent of the Mississippi, the great outlet and channel of + commerce for so many States, all of which may be affected by + the seizure of that city, or of any part of the river to a + great extent above it, is one of those striking peculiarities + which require particular provision. The thinness of the + population near the city, making it necessary that the force + requisite for its defense should be called from distant parts + and States, is another. The danger which the army assembled + at New Orleans would be exposed to of being cut off in case + the enemy should throw a force on the river above it, from + the difficulty of ascending the river to attack it and of + making a retreat in any other direction, is a third. For an + attack on the city of New Orleans, Mobile Bay, or any part of + the intermediate coast ships of war would be necessary only + as a convoy to protect the transports against a naval force + on their passage, and on their approach to the shore for the + landing of the men, and on their return home in case they + should be repulsed. + </p> + <p> + On the important subject of our defenses generally I think + proper to observe that the system was adopted immediately + after the late war by Congress, on great consideration and a + thorough knowledge of the effects of that war—by the + enormous expense attending it, by the waste of life, of + property, and by the general distress of the country. The + amount of debt incurred in that war and due at its + conclusion, without taking into the estimate other losses, + having been heretofore communicated, need not now be + repeated. The interest of the debt thus incurred is four + times more than the sum necessary, by annual appropriations, + for the completion of our whole system of defense, land and + naval, to the extent provided for and within the time + specified. When that system shall be completed the expense of + construction will cease, and our expenditures be + proportionally diminished. Should another war occur before it + is completed, the experience of the last marks in characters + too strong to be mistaken its inevitable consequences; and + should such war occur and find us unprepared for it, what + will be our justification to the enlightened body whom we + represent for not having completed these defenses? That this + system should not have been adopted before the late war can + not be a cause of surprise to anyone, because all might wish + to avoid every expense the necessity of which might be in any + degree doubtful. But with the experience of that war before + us it is thought there is no cause for hesitation. Will the + completion of these works and the augmentation of our Navy to + the point contemplated by law require the imposition of + onerous burthens on our fellow-citizens such as they can not + or will not bear? Have such, or any, burthens been imposed to + advance the system to its present state? It is known that no + burthens whatever have been imposed; on the contrary, that + all the direct or internal taxes have been long repealed, and + none paid but those which are indirect and voluntary, such as + are imposed on articles imported from foreign countries, most + of which are luxuries, and on the vessels employed in the + transportation—taxes which some of our most enlightened + citizens think ought to be imposed on many of the articles + for the encouragement of our manufactures, even if the + revenue derived from them could be dispensed with. It is + known also that in all other respects our condition as a + nation is in the highest degree prosperous and flourishing, + nearly half the debt incurred in the late war having already + been discharged, and considerable progress having also been + made in the completion of this system of defense and in the + construction of other works of great extent and utility, by + the revenue derived from these sources and from the sale of + the public lands. I may add also that a very generous + provision has been made from the same sources for the + surviving officers and soldiers of our Revolutionary army. + These important facts show that this system has been so far + executed, and may be completed without any real inconvenience + to the public. Were it, however, otherwise, I have full + confidence that any burthens which might be found necessary + for the completion of this system in both its branches within + the term contemplated, or much sooner should any emergency + require it, would be called for rather than complained of by + our fellow-citizens. + </p> + <p> + From these views, applicable to the very important subject of + our defenses generally as well as to the work at Dauphine + Island, I think it my duty to recommend to Congress an + appropriation for the latter. I considered the withholding it + at the last session as the expression only of a doubt by + Congress of the propriety of the position, and not as a + definitive opinion. Supposing that that question would be + decided at the present session, I caused the position and + such parts of the coast as are particularly connected with it + to be reexamined, that all the light on which the decision as + to the appropriation could depend might be fully before you. + In the first survey, the report of which was that on which + the works intended for the defense of New Orleans, the + Mississippi, the bay of Mobile, and all the country dependent + on those waters were sanctioned by the Executive, the + commissioners were industriously engaged about six months. I + should have communicated that very able and interesting + document then but from a doubt how far the interest of our + country would justify its publication, a circumstance which I + now mention that the attention of Congress may be drawn to + it. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 26, 1822. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Having executed the act entitled "An act to reduce and fix + the military peace establishment of the United States" on + great consideration and according to my best judgment, and + inferring from the rejection of the nomination of Colonel + Towson and Colonel Gadsden, officers of very distinguished + merit, that the view which I took of that law has not been + well understood, I hereby withdraw all the nominations on + which the Senate has not decided until I can make a more full + communication and explanation of that view and of the + principles on which I have acted in the discharge of that + very delicate and important duty. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 27, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 1st instant, requesting "the President + to communicate such information as he may possess relative to + any private claim against the piece of land in the Delaware + River known by the name of the Peapatch, and to state if any, + and what, process has been instituted in behalf of such + claim," I herewith transmit a report from the Secretary of + War, furnishing the information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 28, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit the original reports on the subject of the + fortifications on Dauphin Island and Mobile Point, being + those on which the works were undertaken and have been in + part executed. The doubt expressed as to the propriety of + publication is applicable to this document, which would have + accompanied the message of the 26th had it been prepared in + time. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 29, 1822</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress the translation of two letters from + the minister of France to the Secretary of State, relating to + the claim of the heirs of Caron de Beaumarchais upon this + Government, with the documents therewith inclosed, + recommending them to the favorable consideration of Congress. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 5, 1822</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I communicate herewith to the House a report from the + Secretary of War, containing the information requested by + their resolution of the 5th ultimo. + </p> + <p> + It may be proper further to add that the secretaries of both + the Territories have occasionally required and received the + aid of the military force of the United States stationed + within them, respectively, to carry into effect the acts of + their authority. + </p> + <p> + The government of East and West Florida was under the Spanish + dominion almost exclusively military. The governors of both + were military officers and united in their persons the chief + authority, both civil and military. + </p> + <p> + The principle upon which the act of Congress of the last + session providing for the temporary government of the newly + ceded Provinces was carried into execution has been + communicated to Congress in my message at the opening of the + session. It was to leave the authorities of the country as + they were found existing at the time of the cession, to be + exercised until the meeting of Congress, when it was known + that the introduction of a system more congenial to our own + institutions would be one of the earliest and most important + subjects of their deliberations. From this, among other + obvious considerations, military officers were appointed to + take possession of both Provinces. But as the military + command of General Jackson was to cease on the 1st of June, + General Gaines, the officer next in command, then here, who + was first designated to take possession of East Florida, + received from me a verbal direction to give such effect to + any requisition from the governor for military aid to enforce + his authority as the circumstances might require. It was not + foreseen that the command in both the Provinces would before + further legislation by Congress on that subject devolve upon + the secretaries of the Territories, but had it been foreseen + the same direction would have been given as applicable to + them. + </p> + <p> + No authority has been given to either of the secretaries to + issue commands to that portion of the Army which is in + Florida, and whenever the aid of <i>the military</i> has been + required by them it has been by written requisitions to the + officers commanding the troops, who have yielded compliance + thereto doubtless under the directions received from General + Gaines as understood by him to be authorized. + </p> + <p> + Shortly before the meeting of Congress a letter was received + at the War Department from Colonel Brooke, the officer + commanding at Pensacola, requesting instructions how far he + was to consider these requisitions as authoritative, but the + assurance that a new organization of the government was + immediately to be authorized by Congress was a motive for + superseding any specific decision upon the inquiry. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 6, 1822</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives requesting the President of the United States + to cause to be furnished to that House certain information + relating to the amount of the public money paid to the + Attorney-General over and above his salary fixed by law since + the 1st of January, 1817, specifying the time when paid and + the fund out of which such payments have been made, I + transmit a paper, marked A, containing the information + desired. I transmit also a paper, marked B, containing a + statement of sums paid to Attorney General of the United + States prior to the 1st of January, 1817, and in the paper + marked C a like statement of sums advanced to district + attorneys for services not required of them by law. These + latter documents being necessary to a full view of the + subject, it is thought proper to comprise them in this + communication. + </p> + <p> + By the act of 24th September, 1789, instituting the office of + Attorney General, it was made his duty to prosecute and + conduct all suits in the Supreme Court in which the United + States should be concerned, and to give his advice and + opinion upon questions of law when required by the President + of the United States, or when requested by the head of any of + the Departments, touching any matters that might concern + their Departments. It will be seen, therefore, by the + statement communicated that no money whatever has been paid + to the Attorney General for his services in that character, + nor for any duty belonging to his office, beyond his salary + as fixed by law. + </p> + <p> + It will also be shewn by the documents communicated that the + construction given of the laws imposing duties on the + Attorney General and district attorneys have been invariably + the same since the institution of the Government. On the same + authority it was thought that the compensation allowed to the + present Attorney General for certain services, considering + their importance and the time employed in rendering them, did + not exceed, regarding precedents, what might fairly be + claimed. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL, 13, 1822. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Having cause to infer that the reasons which led to the + construction which I gave to the act of the last session + entitled "An act to reduce and fix the peace establishment of + the United States" have not been well understood, I consider + it my duty to explain more fully the view which I took of + that act and of the principles on which I executed the very + difficult and important duty enjoined on me by it. + </p> + <p> + To do justice to the subject it is thought proper to show the + actual state of the Army before the passage of the late act, + the force in service, the several corps of which it was + composed, and the grades and number of officers commanding + it. By seeing distinctly the body in all its parts on which + the law operated, viewing also with a just discrimination the + spirit, policy, and positive injunctions of that law with + reference to precedents established in a former analogous + case, we shall be enabled to ascertain with great precision + whether these injunctions have or have not been strictly + complied with. + </p> + <p> + By the act of the 3d of March, 1815, entitled "An act fixing + the military peace establishment of the United States," the + whole force in service was reduced to 10,000 + men—infantry, artillery, and riflemen—exclusive + of the Corps of Engineers, which was retained in its then + state. The regiment of light artillery was retained as it had + been organized by the act of 3d March, 1814. The infantry was + formed into 9 regiments, 1 of which consisted of riflemen. + The regiments of light artillery, infantry, riflemen, and + Corps of Engineers were commanded each by a colonel, + lieutenant-colonel, and the usual battalion and company + officers; and the battalions of the corps of artillery, of + which there were 8—4 for the Northern and 4 for the + Southern division—were commanded by lieutenant-colonels + or majors, there being 4 of each grade. There were, + therefore, in the Army at the time the late law was passed 12 + colonels belonging to those branches of the military + establishment. Two major-generals and 4 brigadiers were + likewise retained in service by this act; but the staff in + several of its branches not being provided for, and being + indispensable and the omission inadvertent, proceeding from + the circumstances under which the act was passed, being at + the close of the session, at which time intelligence of the + peace was received, it was provisionally retained by the + President, and provided for afterwards by the act of the 24th + April, 1816. By this act the Ordnance Department was + preserved as it had been organized by the act of February 8, + 1815, with 1 colonel, 1 lieutenant-colonel, 2 majors, 10 + captains, and 10 first, second, and third lieutenants. One + Adjutant and Inspector General of the Army and 2 + adjutants-general—1 for the Northern and 1 for the + Southern division—were retained. This act provides also + for a Paymaster-General, with a suitable number of regimental + and battalion paymasters, as a part of the general staff, + constituting the military peace establishment; and the Pay + Department and every other branch of the staff were subjected + to the Rules and Articles of War. + </p> + <p> + By the act of March 2, 1821, it was ordained that the + military peace establishment should consist of 4 regiments of + artillery and 7 of infantry, with such officers of engineers, + ordnance, and staff as were therein specified. It is provided + that each regiment of artillery should consist of 1 colonel, + 1 lieutenant-colonel, 1 major, and 9 companies, with the + usual company officers, 1 of which to be equipped as light + artillery, and that there should be attached to each regiment + of artillery 1 supernumerary captain to perform ordnance + duty, thereby merging the regiment of artillery and Ordnance + Department into these 4 regiments. It was provided also that + each regiment of infantry should consist of 1 colonel, 1 + lieutenant colonel, 1 major, and 10 companies, with the usual + company officers. The Corps of Engineers, bombardiers + excepted, with the topographical engineers and their + assistants, were to be retained under the existing + organization. The former establishment as to the number of + major generals and brigadiers was curtailed one-half, and the + office of Inspector and Adjutant General to the Army and of + adjutant-general to each division annulled, and that of + Adjutant General to the Army instituted. The Quartermaster, + Paymaster, and Commissary Departments were also specially + provided for, as was every other branch of the staff, all of + which received a new modification, and were subjected to the + Rules and Articles of War. + </p> + <p> + The immediate and direct operation of this act on the + military peace establishment of 1815 was that of reduction, + from which no officer belonging to it was exempt, unless it + might be the topographical engineers; for in retaining the + Corps of Engineers, as was manifest as well by the clear + import of the section relating to it as by the provisions of + every other clause of the act, reference was had to the + organization, and not to the officers of the Corps. The + establishment of 1815 was reduced from 10,000 to about 6,000 + men. The 8 battalions of artillery, constituting what was + called the corps of artillery, and the regiment of light + artillery as established by the act of 1815, were to be + incorporated together and formed into 4 new regiments. The + regiments of infantry were to be reduced from 9 to 7, the + rifle regiment being broken. Three of the general officers + were to be reduced, with very many of the officers belonging + to the several corps of the Army, and particularly of the + infantry. All the provisions of the act declare of what + number of officers and men the several corps provided for by + it should thenceforward consist, and not that any corps as + then existing or any officer of any corps, unless the + topographical engineers were excepted, should be retained. + Had it been intended to reduce the officers by corps, or to + exempt the officers of any corps from the operation of the + law, or in the organization of the several new corps to + confine the selection of the officers to be placed in them to + the several corps of the like kind then existing, and not + extend it to the whole military establishment, including the + staff, or to confine the reduction to a proportional number + of each corps and of each grade in each corps, the object in + either instance might have been easily accomplished by a + declaration to that effect. No such declaration was made, nor + can such intention be inferred. We see, on the contrary, that + every corps of the Army and staff was to be reorganized, and + most of them reduced in officers and men, and that in + arranging the officers from the old to the new corps full + power was granted to the President to take them from any and + every corps of the former establishment and place them in the + latter. In this latter grant of power it is proper to observe + that the most comprehensive terms that could be adopted were + used, the authority being to cause the arrangement to be made + from the officers of the several <i>corps</i> then in the + service of the United States, comprising, of course, every + corps of the staff, as well as of artillery and infantry, and + not from the <i>corps of troops</i>, as in the former act, + and without any limitation as to grades. + </p> + <p> + It merits particular attention that although the object of + this latter act was reduction and such its effect on an + extensive scale, 5 new offices were created by it—4 of + the grade of colonel for the 4 regiments of artillery and + that of Adjutant-General for the Army. Three of the first + mentioned were altogether new, the corps having been newly + created, and although 1 officer of that grade as applicable + to the corps of light artillery had existed, yet as that + regiment was reduced and all its parts reorganized in another + form and with other duties, being incorporated into the 4 new + regiments, the commander was manifestly displaced and + incapable of taking the command of either of the new + regiments or any station in them until he should be + authorized to do so by a new appointment. The same remarks + are applicable to the office of Adjutant-General to the Army. + It is an office of new creation, differing from that of + Adjutant and Inspector General, and likewise from that of + adjutant-general to a division, which were severally + annulled. It differs from the first in title, rank, and pay, + and from the two latter because they had been created by law + each for a division, whereas the new office, being instituted + without such special designation, could have relation only to + the whole Army. It was manifest, therefore, that neither of + those officers had any right to this new station nor to any + other station unless he should be specially appointed to it, + the principle of reduction being applicable to every officer + in every corps. It is proper also to observe that the duties + of Adjutant-General under the existing arrangement correspond + in almost every circumstance with those of the late Adjutant + and Inspector General, and not with those of an + adjutant-general of a division. + </p> + <p> + To give effect to this law the President was authorized by + the twelfth section to cause the officers, noncommissioned + officers, artificers, musicians, and privates of the several + corps then in the service of the United States to be arranged + in such manner as to form and complete out of the same the + force thereby provided for, and to cause the supernumerary + officers, noncommissioned officers, artificers, musicians, + and privates to be discharged from the service. + </p> + <p> + In executing this very delicate and important trust I acted + with the utmost precaution. Sensible of what I owed to my + country, I felt strongly the obligation of observing the + utmost impartiality in selecting those officers who were to + be retained. In executing this law I had no personal object + to accomplish or feeling to gratify—no one to retain, + no one to remove. Having on great consideration fixed the + principles on which the reduction should be made, I availed + myself of the example of my predecessor by appointing through + the proper department a board of general officers to make the + selection, and whose report I adopted. + </p> + <p> + In transferring the officers from the old to the new corps + the utmost care was taken to place them in the latter in the + grades and corps to which they had respectively belonged in + the former, so far as it might be practicable. This, though + not enjoined by the law, appearing to be just and proper, was + never departed from except in peculiar cases and under + imperious circumstances. + </p> + <p> + In filling the original vacancies in the artillery and in the + newly created office of Adjutant-General I considered myself + at liberty to place in them any officer belonging to any part + of the whole military establishment, whether of the staff or + line. In filling original vacancies—that is, offices + newly created—it is my opinion, as a general principle, + that Congress have no right under the Constitution to impose + any restraint by law on the power granted to the President so + as to prevent his making a free selection of proper persons + for these offices from the whole body of his fellow-citizens. + Without, however, entering here into that question, I have no + hesitation in declaring it as my opinion that the law fully + authorized a selection from any branch of the whole military + establishment of 1815. Justified, therefore, as I thought + myself in taking that range by the very highest sanction, the + sole object to which I had to direct my attention was the + merit of the officers to be selected for these stations. + Three generals of great merit were either to be dismissed or + otherwise provided for. The very gallant and patriotic + defender of New Orleans had intimated his intention to + retire, but at my suggestion expressed his willingness to + accept the office of commissioner to receive the cession of + the Floridas and of governor for a short time of that + Territory. As to one, therefore, there was no difficulty. For + the other two provision could only be made in the mode which + was adopted. General Macomb, who had signalized himself in + the defense of Plattsburg, was placed at the head of the + Corps of Engineers, to which he had originally belonged, and + in which he had acquired great experience, Colonel Armistead, + then at the head of that corps, having voluntarily accepted + one of the new regiments of artillery, for which he possessed + very suitable qualifications. General Atkinson, likewise an + officer of great merit, was appointed to the newly created + office of Adjutant-General. Brevet General Porter, an officer + of great experience in the artillery, and merit, was + appointed to the command of another of those regiments. + Colonel Fenwick, then the oldest lieutenant-colonel of + artillery, and who had suffered much in the late war by + severe wounds, was appointed to a third, and Colonel Towson, + who had served with great distinction in the same corps and + been twice brevetted for his gallantry in the late war, was + appointed to the last remaining one. General Atkinson having + declined the office of Adjutant General, Colonel Gadsden, an + officer of distinguished merit and believed to possess + qualifications suitably adapted to it, was appointed in his + stead. In making the arrangement the merits of Colonel Butler + and Colonel Jones were not overlooked. The former was + assigned to the place which he would have held in the line if + he had retained his original lineal commission, and the + latter to his commission in the line, which he had continued + to hold with his staff appointment. + </p> + <p> + That the reduction of the Army and the arrangement of the + officers from the old to the new establishment and the + appointments referred to were in every instance strictly + conformable to law will, I think, be apparent. To the + arrangement generally no objection has been heard; it has + been made, however, to the appointments to the original + vacancies, and particularly to those of Colonel Towson and + Colonel Gadsden. To those appointments, therefore, further + attention is due. If they were improper it must be either + that they were illegal or that the officers did not merit the + offices conferred on them. The acknowledged merit of the + officers and the peculiar fitness for the offices to which + they were respectively appointed must preclude all objection + on that head. Having already suggested my impression that in + filling offices newly created, to which on no principle + whatever anyone could have a claim of right, Congress could + not under the Constitution restrain the free selection of the + President from the whole body of his fellow-citizens, I shall + only further remark that if that impression is well founded + all objection to these appointments must cease. If the law + imposed such restraint, it would in that case be void. But, + according to my judgment, the law imposed none. An objection + to the legality of those appointments must be founded either + on the principle that those officers were not comprised + within the corps then in the service of the United + States—that is, did not belong to the peace + establishment—or that the power granted by the word + "arrange" imposed on the President the necessity of placing + in these new offices persons of the same grade only from the + old. It is believed that neither objection is well founded. + Colonel Towson belonged to one of the corps then in the + service of the United States, or, in other words, of the + military peace establishment. By the act of 1815-16 the Pay + Department, of which the Paymaster General was the chief, was + made one of the branches of the staff, and he and all those + under him were subjected to the Rules and Articles of War. + The appointment, therefore, of him, and especially to a new + office, was strictly conformable to law. + </p> + <p> + The only difference between the fifth section of the act of + 1815 for reducing the Army and the twelfth section of the act + of 1821 for still further reducing it, by which the power to + carry those laws into effect was granted to the President in + each instance, consists in this, that by the former he was to + cause the arrangement to be made of the officers, + noncommissioned officers, musicians, and privates of the + several <i>corps of troops</i> then in the service of the + United States, whereas in the latter the term <i>troops</i> + was omitted. It can not be doubted that that omission had an + object, and that it was thereby intended to guard against + misconstruction in so very material and important a + circumstance by authorizing the application of the act + unequivocally to every corps of the staff as well as of the + line. With that word a much wider range was given to the act + of 1815 on the reduction which then took place than under the + last act. The omission of it from the last act, together with + all the sanctions which were given by Congress to the + construction of the law in the reduction made under the + former, could not fail to dispel all doubt as to the extent + of the power granted by the last law and of the principles + which ought to guide, and on which it was thereby made the + duty of the President to execute it. With respect to the + other objection—that is, that officers of the same + grade only ought to have been transferred to these new + offices—it is equally unfounded. It is admitted that + officers may be taken from the old corps and reduced and + arranged in the new in inferior grades, as was done under the + former reduction. This admission puts an end to the objection + in this case; for if an officer may be reduced and arranged + from one corps to another by an entire change of grade, + requiring a new commission and a new nomination to the + Senate, I see no reason why an officer may not be advanced in + like manner. In both instances the grade in the old corps is + alike disregarded. The transfer from it to the new turns on + the merit of the party, and it is believed that the claim in + this instance is felt by all with peculiar sensibility. The + claim of Colonel Towson is the stronger because the + arrangement of him to the office to which he is now nominated + is not to one from which any officer has been removed, and to + which any other officer may in any view of the case be + supposed to have had a claim. As Colonel Gadsden held the + office of Inspector-General, and as such was acknowledged by + all to belong to the staff of the Army, it is not perceived + on what ground his appointment can be objected to. + </p> + <p> + If such a construction is to be given to the act of 1821 as + to confine the transfer of officers from the old to the new + establishment to the <i>corps of troops</i>—that is, to + the line of the Army—the whole staff of the Army in + every branch would not only be excluded from any appointment + in the new establishment, but altogether disbanded from the + service. It would follow also that all the offices of the + staff under the new arrangement must be filled by officers + belonging to the new establishment after its organization and + their arrangement in it. Other consequences not less serious + would follow. If the right of the President to fill these + original vacancies by the selection of officers from any + branch of the whole military establishment was denied, he + would be compelled to place in them officers of the same + grade whose corps had been reduced, and they with them. The + effect, therefore, of the law as to those appointments would + be to legislate into office men who had been already + legislated out of office, taking from the President all + agency in their appointment. Such a construction would not + only be subversive of the obvious principles of the + Constitution, but utterly inconsistent with the spirit of the + law itself, since it would provide offices for a particular + grade, and fix every member of that grade in those offices, + at a time when every other grade was reduced, and among them + generals and other officers of the highest merit. It would + also defeat every object of selection, since colonels of + infantry would be placed at the head of regiments of + artillery, a service in which they might have had no + experience, and for which they might in consequence be + unqualified. + </p> + <p> + Having omitted in the message to Congress at the commencement + of the session to state the principles on which this law had + been executed, and having imperfectly explained them in the + message to the Senate of the 17th of January last, I deem it + particularly incumbent on me, as well from a motive of + respect to the Senate as to place my conduct in the duty + imposed on me by that act in a clear point of view, to make + this communication at this time. The examples under the law + of 1815, whereby officers were reduced and arranged from the + old corps to the new in inferior grades, fully justify all + that has been done under the law of 1821. If the power to + arrange under the former law authorized the removal of one + officer from a particular station and the location of another + in it, reducing the latter from a higher to an inferior + grade, with the advice and consent of the Senate, it surely + justifies under the latter law the arrangement of these + officers, with a like sanction, to offices of new creation, + from which no one had been removed and to which no one had a + just claim. It is on the authority of these examples, + supported by the construction which I gave to the law, that I + have acted in the discharge of this high trust. I am aware + that many officers of great merit, having the strongest + claims on their country, have been reduced and others + dismissed, but under the law that result was inevitable. It + is believed that none have been retained who had not, + likewise, the strongest claims to the appointments which have + been conferred on them. To discriminate between men of + acknowledged merit, especially in a way to affect so sensibly + and materially their feelings and interests, for many of whom + I have personal consideration and regard, has been a most + painful duty; yet I am conscious that I have discharged it + with the utmost impartiality. Had I opened the door to change + in any case, even where error might have been committed, + against whom could I afterwards have closed it, and into what + consequences might not such a proceeding have led? The same + remarks are applicable to the subject in its relation to the + Senate, to whose calm and enlightened judgment, with these + explanations, I again submit the nominations which have been + rejected. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 15, 1822. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate of the 12th + instant, requesting the President of the United States "to + cause to be laid before the Senate the original proceedings + of the board of general officers charged with the reduction + of the Army under the act of the 2d of March, 1821, together + with all communications to and from said board on the subject + of reducing the Army, including the case submitted to the + Attorney-General, and his opinion thereon," I now transmit a + report from the Secretary of War, furnishing the information + requested. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 15, 1822</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate requesting the + President of the United States to lay before that House any + report or information which may be in his possession as to + the most eligible situation on the Western waters for the + erection of a national arsenal, I herewith transmit a report + from the Secretary of War, containing all the information on + that subject in the possession of the Executive. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 15, 1822</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 16th of February last, requesting the + President of the United States "to communicate to that House + whether any foreign government has made any claim to any part + of the territory of the United States upon the coast of the + Pacific Ocean north of the forty-second degree of latitude, + and to what extent; whether any regulations have been made by + foreign powers affecting the trade on that coast, and how it + affects the interest of this Republic, and whether any + communications have been made to this Government by foreign + powers touching the contemplated occupation of Columbia + River," I now transmit a report from the Secretary of State, + containing the information embraced by that resolution. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 18, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I communicate to the House of Representatives copies of + sundry papers having relation to the transactions in East and + West Florida, which have been received at the Department of + State since my message to the two Houses of Congress of the + 28th of January last, together with copies of two letters + from the Secretary of State upon the same subject. + </p> + <p class="r"> + JAMES MONROE. + </p> + <center> + [The same message was sent to the Senate.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 23, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 29th January last, requesting the + President of the United States to cause to be communicated to + that House certain information relative to the claim made by + Jonathan Carver to certain lands within the United States + near the Falls of St. Anthony. I now transmit a report of the + Secretary of the Treasury, which, with the accompanying + documents, contains all the information on this subject in + the possession of the Executive. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 26, 1822</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, agreeably to their resolution of + yesterday, a report from the Secretary of State, with copies + of the papers requested by that resolution, in relation to + the recognition of the South American Provinces. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 29, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit to the House of Representatives a report from the + Secretary of State, in pursuance of their resolution of the + 20th instant, <a href= + "#note-1"><small><sup>1</sup></small></a> "requesting to be + furnished with a copy of the judicial proceedings in the + United States court for the district of Louisiana in the case + of the French slave ship <i>La Pensee</i>." + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 30, 1822</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate, requesting the + President of the United States to cause to be laid before the + Senate certain information respecting the practical operation + of the system of subsisting the Army under the provisions of + the act passed the 14th of April, 1818, etc., I herewith + transmit a report from the Secretary of War, furnishing the + information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 1, 1822</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + In the message to both Houses of Congress at the commencement + of their present session it was mentioned that the Government + of Norway had issued an ordinance for admitting the vessels + of the United States and their cargoes into the ports of that + Kingdom upon the payment of no other or higher duties than + are paid by Norwegian vessels, of whatever articles the said + cargoes may consist and from whatever ports the vessels laden + with them may come. + </p> + <p> + In communicating this ordinance to the Government of the + United States that of Norway has requested the benefit of a + similar and reciprocal provision for the vessels of Norway + and their cargoes which may enter the ports of the United + States. + </p> + <p> + This provision being within the competency only of the + legislative authority of Congress, I communicate to them + herewith copies of the communications received from the + Norwegian Government in relation to the subject, and + recommend the same to their consideration. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 1, 1822</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit herewith to Congress copies of letters received at + the Department of State from the minister of Great Britain on + the subject of the duties discriminating between imported + rolled and hammered iron. I recommend them particularly to + the consideration of Congress, believing that although there + may be ground for controversy with regard to the application + of the engagements of the treaty to the case, yet a liberal + construction of those engagements would be compatible at once + with a conciliatory and a judicious policy. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 4, 1822</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 19th of April, requesting the + President "to cause to be communicated to the House, if not + injurious to the public interest, any letter which may have + been received from Jonathan Russell, one of the ministers who + concluded the treaty of Ghent, in conformity with the + indications contained in his letter of the 25th of December, + 1814," I have to state that having referred the resolution to + the Secretary of State, and it appearing, by a report from + him, that no such document had been deposited among the + archives of the Department, I examined and found among my + private papers a letter of that description marked "private" + by himself. I transmit a copy of the report of the Secretary + of State, by which it appears that Mr. Russell, on being + apprised that the document referred to by the resolution had + not been deposited in the Department of State, delivered + there "a paper purporting to be the duplicate of a letter + written by him from Paris on the 11th of February, 1815, to + the then Secretary of State, to be communicated to the House + as the letter called for by the resolution." + </p> + <p> + On the perusal of the document called for I find that it + communicates a difference of opinion between Mr. Russell and + a majority of his colleagues in certain transactions which + occurred in the negotiations at Ghent, touching interests + which have been since satisfactorily adjusted by treaty + between the United States and Great Britain. The view which + Mr. Russell presents of his own conduct and that of his + colleagues in those transactions will, it is presumed, call + from the two surviving members of that mission who differed + from him a reply containing their view of those transactions + and of the conduct of the parties in them, and who, should + his letter be communicated to the House of Representatives, + will also claim that their reply should be communicated in + like manner by the Executive—a claim which, on the + principle of equal justice, could not be resisted. The + Secretary of State, one of the ministers referred to, has + already expressed a desire that Mr. Russell's letter should + be communicated, and that I would transmit at the same time a + communication from him respecting it. + </p> + <p> + On full consideration of the subject I have thought it would + be improper for the Executive to communicate the letter + called for unless the House, on a knowledge of these + circumstances, should desire it, in which case the document + called for shall be communicated, accompanied by a report + from the Secretary of State, as above suggested. I have + directed a copy to be delivered to Mr. Russell, to be + disposed of as he may think proper, and have caused the + original to be deposited in the Department of State, with + instruction to deliver a copy to any person who may be + interested. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 6, 1822</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I transmit to Congress translations of two letters from Don + Joaquin d'Anduaga to the Secretary of State, which have been + received at the Department of State since my last message + communicating copies of big correspondence with this + Government. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Don Joaquin de Anduaga to the Secretary of State</i>. + </center> + <center> + [Translation.] + </center> + <p class="r"> + PHILADELPHIA, <i>April 24, 1822</i>. + </p> + <p> + SIR: As soon as the news was received in Madrid of the recent + occurrences in New Spain after the arrival at Vera Cruz of + the Captain-General and supreme political chief appointed for + those Provinces, Don Juan O. Donojú, and some papers + were seen relative to those same transactions, it was feared + that for forming the treaty concluded in Cordova on the 24th + of August last between the said General and the traitor, + Colonel Dr. Augustine Iturbide, it had been falsely supposed + that the former had power from His Catholic Majesty for that + act, and in a little time the correctness of those suspicions + was found, as, among other things, the said O. Donojú, + when on the 26th of the same August he sent this treaty to + the governor of Vera Cruz, notifying him of its prompt and + punctual observance, he told him that at his sailing from the + Peninsula preparation for the independence of Mexico was + already thought of, and that its bases were approved of by + the Government and by a commission of the Cortes. His + Majesty, on sight of this and of the fatal impression which + so great an imposture had produced in some ultramarine + Provinces, and what must without difficulty be the + consequence among the rest, thought proper to order that, by + means of a circular to all the chiefs and corporations beyond + seas, this atrocious falsehood should be disbelieved; and now + he has deigned to command me to make it known to the + Government of the United States that it is false as far as + General O. Donojú published beyond his instructions, + by pointing out to it that he never could have been furnished + with other instructions than those conformable to + constitutional principles. + </p> + <p> + In compliance with this order of His Majesty, I can do no + less than observe to you, sir, how unfounded one of the + reasons is in your note of the 6th instant for the + recognition by this Government of those of the insurgent + Provinces of Spanish-America—that it was founded on the + treaty made by O. Donojú with Iturbide—since not + having had that power nor instruction to conclude it it is + clearly null and of no value. + </p> + <p> + I repeat to you, sir, the sentiments of my distinguished + consideration, and pray God that you live many years. + </p> + <p class="r"> + JOAQUIN DE ANDUAGA. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Don Joaquin de Anduaga to the Secretary of State</i>. + </center> + <center> + [Translation.] + </center> + <p class="r"> + PHILADELPHIA, <i>April 26, 1822</i>. + </p> + <p> + JOHN QUINCY ADAMS,<br> + <i>Secretary of State</i>. + </p> + <p> + SIR: I have received your note of the 15th instant, in which + you are pleased to communicate to me the reasons which induce + the President not only to refuse to His Catholic Majesty the + satisfaction which he demanded in his royal name for the + insults offered by General Jackson to the Spanish + commissaries and officers, but to approve fully of the said + chief's conduct. + </p> + <p> + Before answering the contents of the said note I thought it + my duty to request instructions from my Government, and + therefore without delay I have laid it before them. Until + they arrive, therefore, I have confined myself to two + observations: + </p> + <p> + First. If in my note of the 18th of November last I said that + as General Jackson had not specified the actions which had + induced him to declare the Spanish officers expelled from the + Floridas criminal, nor given proof of them, I thought myself + authorized to declare the accusation false, I did not this + through inadvertency, but upon the evident principle that + every person accused has a right to declare an accusation + destitute of proof false, and, much more, an accusation not + pretended to be proved. This assertion of mine does not + presume that I am not persuaded of the merit of the said + General and of the claim which he has upon the gratitude of + his country; but although it is believed the duty of his + country to eulogize and reward his eminent services, yet it + will be lawful for the representative of a power outraged by + him to complain of his conduct. I can not persuade myself + that to aggravate my said expression you could have thought + that I had been wanting in due respect, it not being possible + for that opinion to have entered your mind, when by his + orders Mr. Forsyth had sent to the Spanish minister on the + 1st of September last a note, in which, complaining of the + Captain-General of the island of Cuba, he accuses him of + dishonorable pecuniary motives in not having delivered the + archives, without giving any proof of so injurious an + assertion; and I must remark that the rank of General Mabry + in Spain is at least as elevated as that of General Jackson + in the United States, and that the services performed by him + to his country have rendered him as worthy as he of its + consideration and respect. + </p> + <p> + Second. Although you are pleased to tell me that part of the + papers taken from Colonel Coppinger are ready to be + delivered, which the American commissioners, <i>after having + examined them</i>, have adjudged to be returned to Spain, I + do not think myself authorized to admit their return in this + manner, but in the mode which I demanded in my note of the + 22d of November last. + </p> + <p> + As I have seen by the public papers that the President has + communicated to Congress the note which you were pleased to + address to me, dated the 15th instant, and that it has been + ordered to be printed, I take the liberty of requesting that + you will have the goodness to use your influence that this my + answer may be treated in the same manner, that Congress and + the public may be informed that if I have not answered the + first part of it as respects the general business, it is only + to wait for the instructions of my Government, but that I + have answered what was personal. + </p> + <p> + I renew to you, sir, the sentiments of my distinguished + consideration. + </p> + <p class="r"> + JOAQUIN DE ANDUAGA. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 6, 1822</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 26th of + April, requesting the President of the United States "to + communicate to the Senate the report of the Attorney-General + relative to any persons (citizens of the United States) who + have been charged with or suspected of introducing any slaves + into the United States contrary to existing laws," I transmit + herewith two reports from the Attorney-General. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 7, 1822</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate of the 25th + of April, requesting certain information concerning lead + mines on lands of the United States, I herewith transmit a + report from the Secretary of War. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 7, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 23d of April, requesting the President + of the United States to cause to be communicated to that + House certain information respecting the lead mines of the + State of Missouri, I herewith transmit a report of the + Secretary of War. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 7, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 7th of May, requesting the President + to communicate to that House a letter of Jonathan Russell, + esq., referred to in his message of the 4th instant, together + with such communications as he may have received relative + thereto from any of the other ministers of the United States + who negotiated the treaty of Ghent, I herewith transmit a + report from the Secretary of State, with the documents called + for by that resolution. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + VETO MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>May 4, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + Having duly considered the bill entitled "An act for the + preservation and repair of the Cumberland road," it is with + deep regret, approving as I do the policy, that I am + compelled to object to its passage and to return the bill to + the House of Representatives, in which it originated, under a + conviction that Congress do not possess the power under the + Constitution to pass such a law. + </p> + <p> + A power to establish turnpikes with gates and tolls, and to + enforce the collection of tolls by penalties, implies a power + to adopt and execute a complete system of internal + improvement. A right to impose duties to be paid by all + persons passing a certain road, and on horses and carriages, + as is done by this bill, involves the right to take the land + from the proprietor on a valuation and to pass laws for the + protection of the road from injuries, and if it exist as to + one road it exists as to any other, and to as many roads as + Congress may think proper to establish. A right to legislate + for one of these purposes is a right to legislate for the + others. It is a complete right of jurisdiction and + sovereignty for all the purposes of internal improvement, and + not merely the right of applying money under the power vested + in Congress to make appropriations, under which power, with + the consent of the States through which this road passes, the + work was originally commenced, and has been so far executed. + I am of opinion that Congress do not possess this power; that + the States individually can not grant it, for although they + may assent to the appropriation of money within their limits + for such purposes, they can grant no power of jurisdiction or + sovereignty by special compacts with the United States. This + power can be granted only by an amendment to the Constitution + and in the mode prescribed by it. + </p> + <p> + If the power exist, it must be either because it has been + specifically granted to the United States or that it is + incidental to some power which has been specifically granted. + If we examine the specific grants of power we do not find it + among them, nor is it incidental to any power which has been + specifically granted. + </p> + <p> + It has never been contended that the power was specifically + granted. It is claimed only as being incidental to some one + or more of the powers which are specifically granted. The + following are the powers from which it is said to be derived: + </p> + <p> + First, from the right to establish post-offices and + post-roads; second, from the right to declare war; third, to + regulate commerce; fourth, to pay the debts and provide for + the common defense and general welfare; fifth, from the power + to make all laws necessary and proper for carrying into + execution all the powers vested by the Constitution in the + Government of the United States or in any department or + officer thereof; sixth and lastly, from the power to dispose + of and make all needful rules and regulations respecting the + territory and other property of the United States. + </p> + <p> + According to my judgment it can not be derived from either of + those powers, nor from all of them united, and in consequence + it does not exist. + </p> + <p> + Having stated my objections to the bill, I should now + cheerfully communicate at large the reasons on which they are + founded if I had time to reduce them to such form as to + include them in this paper. The advanced stage of the session + renders that impossible. Having at the commencement of my + service in this high trust considered it a duty to express + the opinion that the United States do not possess the power + in question, and to suggest for the consideration of Congress + the propriety of recommending to the States an amendment to + the Constitution to vest the power in the United States, my + attention has been often drawn to the subject since, in + consequence whereof I have occasionally committed my + sentiments to paper respecting it. The form which this + exposition has assumed is not such as I should have given it + had it been intended for Congress, nor is it concluded. + Nevertheless, as it contains my views on this subject, being + one which I deem of very high importance, and which in many + of its bearings has now become peculiarly urgent, I will + communicate it to Congress, if in my power, in the course of + the day, or certainly on Monday next. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 4, 1822</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit the paper alluded to in the message of this day, + on the subject of internal improvements. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <h3> + VIEWS OF THE PRESIDENT OF THE UNITED STATES ON THE SUBJECT OF + INTERNAL IMPROVEMENTS. + </h3> + <p> + It may be presumed that the proposition relating to internal + improvements by roads and canals, which has been several + times before Congress, will be taken into consideration again + either for the purpose of recommending to the States the + adoption of an amendment to the Constitution to vest the + necessary power in the General Government or to carry the + system into effect on the principle that the power has + already been granted. It seems to be the prevailing opinion + that great advantage would be derived from the exercise of + such a power by Congress. Respecting the right there is much + diversity of sentiment. It is of the highest importance that + this question should be settled. If the right exist, it ought + forthwith to be exercised. If it does not exist, surely those + who are friends to the power ought to unite in recommending + an amendment to the Constitution to obtain it. I propose to + examine this question. + </p> + <p> + The inquiry confined to its proper objects and within the + most limited scale is extensive. Our Government is unlike + other governments both in its origin and form. In analyzing + it the differences in certain respects between it and those + of other nations, ancient and modern, necessarily come into + view. I propose to notice these differences so far as they + are connected with the object of inquiry, and the + consequences likely to result from them, varying in equal + degree from those which have attended other governments. The + digression, if it may be so called, will in every instance be + short and the transition to the main object immediate and + direct. + </p> + <p> + To do justice to the subject it will be necessary to mount to + the source of power in these States and to pursue this power + in its gradations and distribution among the several + departments in which it is now vested. The great division is + between the State governments and the General Government. If + there was a perfect accord in every instance as to the + precise extent of the powers granted to the General + Government, we should then know with equal certainty what + were the powers which remained to the State governments, + since it would follow that those which were not granted to + the one would remain to the other. But it is on this point, + and particularly respecting the construction of these powers + and their incidents, that a difference of opinion exists, and + hence it is necessary to trace distinctly the origin of each + government, the purposes intended by it, and the means + adopted to accomplish them. By having the interior of both + governments fully before us we shall have all the means which + can be afforded to enable us to form a correct opinion of the + endowments of each. + </p> + <p> + Before the Revolution the present States, then colonies, were + separate communities, unconnected with each other except in + their common relation to the Crown. Their governments were + instituted by grants from the Crown, which operated, + according to the conditions of each grant, in the nature of a + compact between the settlers in each colony and the Crown. + All power not retained in the Crown was vested exclusively in + the colonies, each having a government consisting of an + executive, a judiciary, and a legislative assembly, one + branch of which was in every instance elected by the people. + No office was hereditary, nor did any title under the Crown + give rank or office in any of the colonies. In resisting the + encroachments of the parent country and abrogating the power + of the Crown the authority which had been held by it vested + exclusively in the people of the colonies, By them was a + Congress appointed, composed of delegates from each colony, + who managed the war, declared independence, treated with + foreign powers, and acted in all things according to the + sense of their constituents. The Declaration of Independence + confirmed in form what had before existed in substance. It + announced to the world new States, possessing and exercising + complete sovereignty, which they were resolved to maintain. + They were soon after recognized by France and other powers, + and finally by Great Britain herself in 1783. + </p> + <p> + Soon after the power of the Crown was annulled the people of + each colony established a constitution or frame of government + for themselves, in which these separate + branches—legislative, executive, and + judiciary—were instituted, each independent of the + others. To these branches, each having its appropriate + portion, the whole power of the people not delegated to + Congress was communicated, to be exercised for their + advantage on the representative principle by persons of their + appointment, or otherwise deriving their authority + immediately from them, and holding their offices for stated + terms. All the powers necessary for useful purposes held by + any of the strongest governments of the Old World not vested + in Congress were imparted to these State governments without + other checks than such as are necessary to prevent abuse, in + the form of fundamental declarations or bills of right. The + great difference between our governments and those of the Old + World consists in this, that the former, being + representative, the persons who exercise their powers do it + not for themselves or in their own right, but for the people, + and therefore while they are in the highest degree efficient + they can never become oppressive. It is this transfer of the + power of the people to representative and responsible bodies + in every branch which constitutes the great improvement in + the science of government and forms the boast of our system. + It combines all the advantages of every known government + without any of their disadvantages. It retains the + sovereignty in the people, while it avoids the tumult and + disorder incident to the exercise of that power by the people + themselves. It possesses all the energy and efficiency of the + most despotic governments, while it avoids all the + oppressions and abuses inseparable from those governments. + </p> + <p> + In every stage of the conflict from its commencement until + March, 1781, the powers of Congress were undefined, but of + vast extent. The assemblies or conventions of the several + colonies being formed by representatives from every county in + each colony and the Congress by delegates from each colonial + assembly, the powers of the latter for general purposes + resembled those of the former for local. They rested on the + same basis, the people, and were complete for all the + purposes contemplated. Never was a movement so spontaneous, + so patriotic, so efficient. The nation exerted its whole + faculties in support of its rights, and of its independence + after the contest took that direction, and it succeeded. It + was, however, foreseen at a very early stage that although + the patriotism of the country might be relied on in the + struggle for its independence, a well-digested compact would + be necessary to preserve it after obtained. A plan of + confederation was in consequence proposed and taken into + consideration by Congress even at the moment when the other + great act which severed them from Great Britain and declared + their independence was proclaimed to the world. This compact + was ratified on the 21st March, 1781, by the last State, and + thereupon carried into immediate effect. + </p> + <p> + The following powers were vested in the United States by the + Articles of Confederation. As this, the first bond of union, + was in operation nearly eight years, during which time a + practical construction was given to many of its powers, all + of which were adopted in the Constitution with important + additions, it is thought that a correct view of those powers + and of the manner in which they are executed may shed light + on the subject under consideration. It may fairly be presumed + that where certain powers were transferred from one + instrument to the other and in the same terms, or terms + descriptive only of the same powers, that it was intended + that they should be construed in the same sense in the latter + that they were in the former. + </p> + <p> + Article I declares that the style of the Confederacy shall be + "The United States of America." + </p> + <p> + Article II. Each State retains its sovereignty, freedom, and + independence, and every power and right which is not + expressly delegated to the United States. + </p> + <p> + Article III. The States severally enter into a firm league of + friendship with each other for their common defense, the + security of their liberties, and their mutual and general + welfare, binding themselves to assist each other against all + force offered to or attacks made upon them on account of + religion, sovereignty, trade, etc. + </p> + <p> + Article IV. The free inhabitants of each State, paupers, + vagabonds, and fugitives from justice excepted, shall be + entitled to all the privileges and immunities of free + citizens in the several States, etc. Fugitives from justice + into any of the States shall be delivered up on the demand of + the executive of the State from which they fled. Full faith + and credit shall be given in each State to the records and + acts of every other State. + </p> + <p> + Article V. Delegates shall be annually appointed by the + legislature of each State to meet in Congress on the first + Monday in November, with a power to recall, etc. No State + shall appoint less than two nor more than seven, nor shall + any delegate hold his office for more than three in six + years. Each State shall maintain its own delegates. Each + State shall have one vote. Freedom of speech shall not be + impeached, and the members shall be protected from arrests, + except for treason, etc. + </p> + <p> + Article VI. No State shall send or receive an embassy or + enter into a treaty with a foreign power. Nor shall any + person holding any office of profit or trust under the United + States or any State accept any present, emolument, office, or + title from a foreign power. Nor shall the United States or + any State grant any title of nobility. No two States shall + enter into any treaty without the consent of Congress. No + State shall lay any imposts or duties which may interfere + with any treaties entered into by the United States. No State + shall engage in war unless it be invaded or menaced with + invasion by some Indian tribe, nor grant letters of marque or + reprisal unless it be against pirates, nor keep up vessels of + war nor any body of troops in time of peace without the + consent of Congress; but every State shall keep up a well + regulated militia, etc. + </p> + <p> + Article VII. When land forces are raised by any State for the + common defense, all officers of and under the rank of colonel + shall be appointed by the legislature of each State. + </p> + <p> + Article VIII. All charges of war and all other expenses which + shall be incurred for the common defense or general welfare + shall be defrayed out of a common treasury, which shall be + supplied by the several States in proportion to the value of + all the land in each State granted to individuals. The taxes + for paying each proportion shall be levied by the several + States. + </p> + <p> + Article IX. Congress shall have the sole and exclusive right + and power of determining on peace and war, except in the + cases mentioned in the sixth article; of sending and + receiving ambassadors; entering into alliances, except, etc.; + of establishing rules for deciding what captures on land and + water shall be legal; of granting letters of marque and + reprisal in time of peace; appointing courts for the trial of + piracies and felonies on the high seas; for deciding + controversies between the States and between individuals + claiming lands under two or more States whose jurisdiction + has been adjusted; of regulating the alloy and value of coin + struck by their authority and of foreign coin; fixing the + standard of weights and measures; regulating the trade with + the Indians; establishing and regulating post offices from + one State to another and throughout all the States, and + exacting such postage as may be requisite to defray the + expenses of the office; of appointing all officers of the + land forces except the regimental; appointing all the + officers of the naval forces; to ascertain the necessary sums + of money to be raised for the service of the United States + and appropriate the same; to borrow money and emit bills of + credit; to build and equip a Navy; to agree on the number of + land forces and to make requisitions on each State for its + quota; that the assent of nine States shall be requisite to + these great acts. + </p> + <p> + Article X regulates the powers of the committee of the States + to sit in the recess of Congress. + </p> + <p> + Article XI provides for the admission of Canada into the + Confederation. + </p> + <p> + Article XII pledges the faith of the United States for the + payment of all bills of credit issued and money borrowed on + their account. + </p> + <p> + Article XIII. Every State shall abide by the determination of + the United States on all questions submitted to them by the + Confederation, the Articles of the Confederation to be + perpetual and not to be altered without the consent of every + State. + </p> + <p> + This bond of union was soon found to be utterly incompetent + to the purposes intended by it. It was defective in its + powers; it was defective also in the means of executing the + powers actually granted by it. Being a league of sovereign + and independent States, its acts, like those of all other + leagues, required the interposition of the States composing + it to give them effect within their respective jurisdictions. + The acts of Congress without the aid of State laws to enforce + them were altogether nugatory. The refusal or omission of one + State to pass such laws was urged as a reason to justify like + conduct in others, and thus the Government was soon at a + stand. + </p> + <p> + The experience of a few years demonstrated that the + Confederation could not be relied on for the security of the + blessings which had been derived from the Revolution. The + interests of the nation required a more efficient Government, + which the good sense and virtue of the people provided by the + adoption of the present Constitution. + </p> + <p> + The Constitution of the United States was formed by a + convention of delegates from the several States, who met in + Philadelphia, duly authorized for the purpose, and it was + ratified by a convention in each State which was especially + called to consider and decide on the same. In this progress + the State governments were never suspended in their + functions. On the contrary, they took the lead in it. + Conscious of their incompetency to secure to the Union the + blessings of the Revolution, they promoted the diminution of + their own powers and the enlargement of those of the General + Government in the way in which they might be most adequate + and efficient. It is believed that no other example can be + found of a Government exerting its influence to lessen its + own powers, of a policy so enlightened, of a patriotism so + pure and disinterested. The credit, however, is more + especially due to the people of each State, in obedience to + whose will and under whose control the State governments + acted. + </p> + <p> + The Constitution of the United States, being ratified by the + people of the several States, became of necessity to the + extent of its powers the paramount authority of the Union. On + sound principles it can be viewed in no other light. The + people, the highest authority known to our system, from whom + all our institutions spring and on whom they depend, formed + it. Had the people of the several States thought proper to + incorporate themselves into one community, under one + government, they might have done it. They had the power, and + there was nothing then nor is there anything now, should they + be so disposed, to prevent it. They wisely stopped, however, + at a certain point, extending the incorporation to that + point, making the National Government thus far a consolidated + Government, and preserving the State governments without that + limit perfectly sovereign and independent of the National + Government. Had the people of the several States incorporated + themselves into one community, they must have remained such, + their Constitution becoming then, like the constitution of + the several States, incapable of change until altered by the + will of the majority. In the institution of a State + government by the citizens of a State a compact is formed to + which all and every citizen are equal parties. They are also + the sole parties and may amend it at pleasure. In the + institution of the Government of the United States by the + citizens of every State a compact was formed between the + whole American people which has the same force and partakes + of all the qualities to the extent of its powers as a compact + between the citizens of a State in the formation of their own + constitution. It can not be altered except by those who + formed it or in the mode prescribed by the parties to the + compact itself. + </p> + <p> + This Constitution was adopted for the purpose of remedying + all defects of the Confederation, and in this it has + succeeded beyond any calculation that could have been formed + of any human institution. By binding the States together the + Constitution performs the great office of the Confederation; + but it is in that sense only that it has any of the + properties of that compact, and in that it is more effectual + to the purpose, as it holds them together by a much stronger + bond; and in all other respects in which the Confederation + failed the Constitution has been blessed with complete + success. The Confederation was a compact between separate and + independent States, the execution of whose articles in the + powers which operated internally depended on the State + governments. But the great office of the Constitution, by + incorporating the people of the several States to the extent + of its powers into one community and enabling it to act + directly on the people, was to annul the powers of the State + governments to that extent, except in cases where they were + concurrent, and to preclude their agency in giving effect to + those of the General Government. The Government of the United + States relies on its own means for the execution of its + powers, as the State governments do for the execution of + theirs, both governments having a common origin or sovereign, + the people—the State governments the people of each + State, the National Government the people of every + State—and being amenable to the power which created it. + It is by executing its functions as a Government thus + originating and thus acting that the Constitution of the + United States holds the States together and performs the + office of a league. It is owing to the nature of its powers + and the high source from whence they are derived—the + people—that it performs that office better than the + Confederation or any league which ever existed, being a + compact which the State governments did not form, to which + they are not parties, and which executes its own powers + independently of them. + </p> + <p> + There were two separate and independent governments + established over our Union, one for local purposes over each + State by the people of the State, the other for national + purposes over all the States by the people of the United + States. The whole power of the people, on the representative + principle, is divided between them. The State governments are + independent of each other, and to the extent of their powers + are complete sovereignties. The National Government begins + where the State governments terminate, except in some + instances where there is a concurrent jurisdiction between + them. This Government is also, according to the extent of its + powers, a complete sovereignty. I speak here, as repeatedly + mentioned before, altogether of representative sovereignties, + for the real sovereignty is in the people alone. + </p> + <p> + The history of the world affords no such example of two + separate and independent governments established over the + same people, nor can it exist except in governments founded + on the sovereignty of the people. In monarchies and other + governments not representative there can be no such division + of power. The government is inherent in the possessor; it is + his, and can not be taken from him without a revolution. In + such governments alliances and leagues alone are practicable. + But with us individuals count for nothing in the offices + which they hold; that is, they have no right to them. They + hold them as representatives, by appointment from the people, + in whom the sovereignty is exclusively vested. It is + impossible to speak too highly of this system taken in its + twofold character and in all its great principles of two + governments, completely distinct from and independent of each + other, each constitutional, founded by and acting directly on + the people, each competent to all its purposes, administering + all the blessings for which it was instituted, without even + the most remote danger of exercising any of its powers in a + way to oppress the people. A system capable of expansion over + a vast territory not only without weakening either + government, but enjoying the peculiar advantage of adding + thereby new strength and vigor to the faculties of both; + possessing also this additional advantage, that while the + several States enjoy all the rights reserved to them of + separate and independent governments, and each is secured by + the nature of the Federal Government, which acts directly on + the people, against the failure of the others to bear their + equal share of the public burdens, and thereby enjoys in a + more perfect degree all the advantages of a league, it holds + them together by a bond altogether different and much + stronger than the late Confederation or any league that was + ever known before—a bond beyond their control, and + which can not even be amended except in the mode prescribed + by it. So great an effort in favor of human happiness was + never made before; but it became those who made it. + Established in the new hemisphere, descended from the same + ancestors, speaking the same language, having the same + religion and universal toleration, born equal and educated in + the same principles of free government, made independent by a + common struggle and menaced by the same dangers, ties existed + between them which never applied before to separate + communities. They had every motive to bind them together + which could operate on the interests and affections of a + generous, enlightened, and virtuous people, and it affords + inexpressible consolation to find that these motives had + their merited influence. + </p> + <p> + In thus tracing our institutions to their origin and pursuing + them in their progress and modifications down to the adoption + of this Constitution two important facts have been disclosed, + on which it may not be improper in this stage to make a few + observations. The first is that in wresting the power, or + what is called the sovereignty, from the Crown it passed + directly to the people. The second, that it passed directly + to the people of each colony and not to the people of all the + colonies in the aggregate; to thirteen distinct communities + and not to one. To these two facts, each contributing its + equal proportion, I am inclined to think that we are in an + eminent degree indebted for the success of our Revolution. By + passing to the people it vested in a community every + individual of which had equal rights and a common interest. + There was no family dethroned among us, no banished pretender + in a foreign country looking back to his connections and + adherents here in the hope of a recall; no order of nobility + whose hereditary rights in the Government had been violated; + no hierarchy which had been degraded and oppressed. There was + but one order, that of the people, by whom everything was + gained by the change. I mention it also as a circumstance of + peculiar felicity that the great body of the people had been + born and educated under these equal and original + institutions. Their habits, their principles, and their + prejudices were therefore all on the side of the Revolution + and of free republican government. + </p> + <p> + Had distinct orders existed, our fortune might and probably + would have been different. It would scarcely have been + possible to have united so completely the whole force of the + country against a common enemy. A contest would probably have + arisen in the outset between the orders for the control. Had + the aristocracy prevailed, the people would have been + heartless. Had the people prevailed, the nobility would + probably have left the country, or, remaining behind, + internal divisions would have taken place in every State and + a civil war broken out more destructive even than the + foreign, which might have defeated the whole movement. + Ancient and modern history is replete with examples + proceeding from conflicts between distinct orders, of + revolutions attempted which proved abortive, of republics + which have terminated in despotism. It is owing to the + simplicity of the elements of which our system is composed + that the attraction of all the parts has been to a common + center, that every change has tended to cement the union, + and, in short, that we have been blessed with such glorious + and happy success. + </p> + <p> + And that the power wrested from the British Crown passed to + the people of each colony the whole history of our political + movement from the emigration of our ancestors to the present + day clearly demonstrates. What produced the Revolution? The + violation of our rights. What rights? Our chartered rights. + To whom were the charters granted, to the people of each + colony or to the people of all the colonies as a single + community? We know that no such community as the aggregate + existed, and of course that no such rights could be violated. + It may be added that the nature of the powers which were + given to the delegates by each colony and the manner in which + they were executed show that the sovereignty was in the + people of each and not in the aggregate. They respectively + presented credentials such as are usual between ministers of + separate powers, which were examined and approved before they + entered on the discharge of the important duties committed to + them. They voted also by colonies and not individually, all + the members from one colony being entitled to one vote only. + This fact alone, the first of our political association and + at the period of our greatest peril, fixes beyond all + controversy the source from whence the power which has + directed and secured success to all our measures has + proceeded. + </p> + <p> + Had the sovereignty passed to the aggregate, consequences + might have ensued, admitting the success of our Revolution, + which might even yet seriously affect our system. By passing + to the people of each colony the opposition to Great Britain, + the prosecution of the war, the Declaration of Independence, + the adoption of the Confederation and of this Constitution + are all imputable to them. Had it passed to the aggregate, + every measure would be traced to that source; even the State + governments might be said to have emanated from it, and + amendments of their constitutions on that principle be + proposed by the same authority. In short it is not easy to + perceive all the consequences into which such a doctrine + might lead. It is obvious that the people in mass would have + had much less agency in all the great measures of the + Revolution and in those which followed than they actually + had, and proportionably less credit for their patriotism and + services than they are now entitled to and enjoy. By passing + to the people of each colony the whole body in each were kept + in constant and active deliberation on subjects of the + highest national importance and in the supervision of the + conduct of all the public servants in the discharge of their + respective duties. Thus the most effectual guards were + provided against abuses and dangers of every kind which human + ingenuity could devise, and the whole people rendered more + competent to the self-government which by an heroic exertion + they had acquired. + </p> + <p> + I will now proceed to examine the powers of the General + Government, which, like the governments of the several + States, is divided into three branches—a legislative, + executive, and judiciary—each having its appropriate + share. Of these the legislative, from the nature of its + powers, all laws proceeding from it, and the manner of its + appointment, its members being elected immediately by the + people, is by far the most important. The whole system of the + National Government may be said to rest essentially on the + powers granted to this branch. They mark the limit within + which, with few exceptions, all the branches must move in the + discharge of their respective functions. It will be proper, + therefore, to take a full and correct view of the powers + granted to it. + </p> + <p> + By the eighth section of the first article of the + Constitution it is declared that Congress shall have + power— + </p> + <p> + First. To lay and collect taxes, duties, imposts, and + excises, to pay the debts, and provide for the common defense + and general welfare of the United States; + </p> + <p> + Second. To borrow money; + </p> + <p> + Third. To regulate commerce with foreign nations, and among + the several States, and with the Indian tribes; + </p> + <p> + Fourth. To establish an uniform rule of naturalization and + uniform laws respecting bankruptcies; + </p> + <p> + Fifth. To coin money, regulate the value thereof and of + foreign coin, and fix the standard of weights and measures; + </p> + <p> + Sixth. To provide for the punishment of counterfeiting the + securities and current coin of the United States; + </p> + <p> + Seventh. To establish post offices and post-roads; + </p> + <p> + Eighth. To promote the progress of science and useful arts by + securing for limited times to authors and inventors the + exclusive right to their respective writings and discoveries; + </p> + <p> + Ninth. To constitute tribunals inferior to the Supreme Court, + to define and punish piracies and felonies committed on the + high seas, and offenses against the laws of nations; + </p> + <p> + Tenth. To declare war, grant letters of marque and reprisal, + and make rules concerning captures on land and water; + </p> + <p> + Eleventh. To raise and support armies; + </p> + <p> + Twelfth. To provide and maintain a navy; + </p> + <p> + Thirteenth. To make rules for the government of the land and + naval forces; + </p> + <p> + Fourteenth. To provide for calling forth the militia to + execute the laws of the Union, suppress insurrections, and + repel invasions; + </p> + <p> + Fifteenth. To provide for organizing, arming, and + disciplining the militia, and for governing such part of them + as may be in the service of the United States, reserving to + the States the appointment of the officers and the authority + of training the militia according to the discipline + prescribed by Congress; + </p> + <p> + Sixteenth. To exercise exclusive legislation in all cases + whatever over such district (not exceeding 10 miles square) + as may, by the cession of particular States and the + acceptance of by Congress, become the seat of Government of + the United States; and to exercise like authority over all + places purchased, by the consent of the legislature of the + State in which the same may be, for the erection of forts, + magazines, arsenals, dockyards, and other needful buildings; + </p> + <p> + Seventeenth. And to make all laws which shall be necessary + and proper for carrying into execution the foregoing powers, + and all other powers vested by this Constitution in the + Government of the United States or in any department or + officer thereof. + </p> + <p> + To the other branches of the Government the powers properly + belonging to each are granted. The President, in whom the + executive power is vested, is made commander in chief of the + Army and Navy, and militia when called into the service of + the United States. He is authorized, with the advice and + consent of the Senate, two-thirds of the members present + concurring, to form treaties, to nominate and, with the + advice and consent of the Senate, to appoint ambassadors, + other public ministers, and consuls, judges of the Supreme + Court, and all other officers whose appointments are not + otherwise provided for by law. He has power to grant + reprieves and pardons for offenses against the United States, + except in cases of impeachment. It is made his duty to give + to Congress from time to time information of the state of the + Union, to recommend to their consideration such measures as + he may judge necessary and expedient, to convene both Houses + on extraordinary occasions, to receive ambassadors, and to + take care that the laws be faithfully executed. + </p> + <p> + The judicial power is vested in one Supreme Court and in such + inferior courts as Congress may establish; and it is made to + extend to all cases in law and equity arising under the + Constitution, the laws of the United States, and treaties + made under their authority. Cases affecting ambassadors and + other public characters, cases of admiralty and maritime + jurisdiction, causes in which the United States are a party, + between two or more States, between citizens of different + States, between citizens of the same State claiming grants of + land under different States, between a State or the citizens + thereof and foreign States, are specially assigned to these + tribunals. + </p> + <p> + Other powers have been granted in other parts of the + Constitution which, although they relate to specific objects, + unconnected with the ordinary administration, yet, as they + form important features in the Government and may shed useful + light on the construction which ought to be given to the + powers above enumerated, it is proper to bring into view. + </p> + <p> + By Article I, section 9, clause 1, it is provided that the + migration or importation of such persons as any of the States + now existing shall think proper to admit shall not be + prohibited by Congress prior to the year 1808, but a tax or + duty may be imposed on such importation not exceeding $10 for + each person. + </p> + <p> + By Article III, section 3, clause 1, new States may be + admitted by Congress into the Union, but that no new State + shall be formed within the jurisdiction of another State, nor + any State be formed by the junction of two or more States or + parts of States without the consent of the legislature of the + States concerned as well as of the United States. And by the + next clause of the same article and section power is vested + in Congress to dispose of and make all needful rules and + regulations respecting the territory or other property + belonging to the United. States, with a proviso that nothing + in the Constitution shall be so construed as to prejudice any + claims of the United States or of any particular State. + </p> + <p> + By Article IV, section 4, the United States guarantee to + every State a republican form of government and engage to + protect each of them against invasion; and on application of + the legislature, or of the executive when the legislature can + not be convened, against domestic violence. + </p> + <p> + Of the other parts of the Constitution relating to power, + some form restraints on the exercise of the powers granted to + Congress and others on the exercise of the powers remaining + to the States. The object in both instances is to draw more + completely the line between the two governments and also to + prevent abuses by either. Other parts operate like + conventional stipulations between the States, abolishing + between them all distinctions applicable to foreign powers + and securing to the inhabitants of each State all the rights + and immunities of citizens in the several States. + </p> + <p> + By the fifth article it is provided that Congress, whenever + two-thirds of both Houses shall deem it necessary, shall + propose amendments, or, on the application of the + legislatures of two-thirds of the several States, shall call + a convention for proposing amendments, which in either case + shall be valid as a part of the Constitution when ratified by + the legislatures of three-fourths of the several States, or + by conventions in three-fourths thereof, as the one or the + other mode may be proposed by Congress: <i>Provided</i>, That + no State, without its consent, shall be deprived of its equal + vote in the Senate, and that no amendment which may be made + prior to the year 1808 shall affect the first and fourth + clauses in the ninth section of the first article. + </p> + <p> + By the second section of the sixth article it is declared + that the Constitution, and laws of the United States which + shall be made in pursuance thereof, and all treaties made + under the authority of the United States, shall be the + supreme law of the land, and that the judges in every State + shall be bound thereby, anything in the constitution or laws + of any State to the contrary notwithstanding. This right in + the National Government to execute its powers was + indispensable to its existence. If the State governments had + not been restrained from encroaching on the powers vested in + the National Government, the Constitution, like the + Confederation, would soon have been set at naught; and it was + not within the limit of the human mind to devise any plan for + the accomplishment of the object other than by making a + national constitution which should be to the extent of its + powers the supreme law of the land. This right in the + National Government would have existed under the Constitution + to the full extent provided for by this declaration had it + not been made. To prevent the possibility of a doubt, + however, on so important a subject it was proper to make the + declaration. + </p> + <p> + Having presented above a full view of all the powers granted + to the United States, it will be proper to look to those + remaining to the States. It is by fixing the great powers + which are admitted to belong to each government that we may + hope to come to a right conclusion respecting those in + controversy between them. In regard to the National + Government, this task was easy because its powers were to be + found in specific grants in the Constitution; but it is more + difficult to give a detail of the powers of the State + governments, as their constitutions, containing all powers + granted by the people not specifically taken from them by + grants to the United States, can not well be enumerated. + Fortunately, a precise detail of all the powers remaining to + the State governments is not necessary in the present + instance. A knowledge of their great powers only will answer + every purpose contemplated, and respecting these there can be + no diversity in opinion. They are sufficiently recognized and + established by the Constitution of the United States itself. + In designating the important powers of the State governments + it is proper to observe, first, that the territory + contemplated by the Constitution belongs to each State in its + separate character and not to the United States in their + aggregate character. Bach State holds territory according to + its original charter, except in cases where cessions have + been made to the United States by individual States. The + United States had none when the Constitution was adopted + which had not been thus ceded to them and which they held on + the conditions on which such cession had been made. Within + the individual States it is believed that they held not a + single acre; but if they did it was as citizens held it, + merely as private property. The territory acquired by cession + lying without the individual States rests on a different + principle, and is provided for by a separate and distinct + part of the Constitution. It is the territory within the + individual States to which the Constitution in its great + principles applies, and it applies to such territory as the + territory of a State and not as that of the United States. + The next circumstance to be attended to is that the people + composing this Union are the people of the several States, + and not of the United States in the full sense of a + consolidated government. The militia are the militia of the + several States; lands are held under the laws of the States; + descents, contracts, and all the concerns of private + property, the administration of justice, and the whole + criminal code, except in the cases of breaches of the laws of + the United States made under and in conformity with the + powers vested in Congress and of the laws of nations, are + regulated by State laws. This enumeration shows the great + extent of the powers of the State governments. The territory + and the people form the basis on which all governments are + founded. The militia constitutes their effective force. The + regulation and protection of property and of personal liberty + are also among the highest attributes of sovereignty. This, + without other evidence, is sufficient to show that the great + office of the Constitution of the United States is to unite + the States together under a Government endowed with powers + adequate to the purposes of its institution, relating, + directly or indirectly, to foreign concerns, to the discharge + of which a National Government thus formed alone could be + competent. + </p> + <p> + This view of the exclusive jurisdiction of the several States + over the territory within their respective limits, except in + cases otherwise specially provided for, is supported by the + obvious intent of the several powers granted to Congress, to + which a more particular attention is now due. Of these the + right to declare war is perhaps the most important, as well + by the consequences attending war as by the other powers + granted in aid of it. The right to lay taxes, duties, + imposts, and excises, though necessary for the support of the + civil government, is equally necessary to sustain the charges + of war; the right to raise and support armies and a navy and + to call forth and govern the militia when in the service of + the United States are altogether of the latter kind. They are + granted in aid of the power to make war and intended to give + effect to it. These several powers are of great force and + extent, and operate more directly within the limits and upon + the resources of the States than any of the other powers. But + still they are means only for given ends. War is declared and + must be maintained, an army and a navy must be raised, + fortifications must be erected for the common defense, debts + must be paid, For these purposes duties, imposts, and excises + are levied, taxes are laid, the lands, merchandise, and other + property of the citizens are liable for them; if the money is + not paid, seizures are made and the lands are sold. The + transaction is terminated; the lands pass into other hands, + who hold them, as the former proprietors did, under the laws + of the individual States. They were means only to certain + ends; the United States have nothing further to do with them. + The same view is applicable to the power of the General + Government over persons. The militia is called into the + service of the United States; the service is performed; the + corps returns to the State to which it belongs; it is the + militia of such State, and not of the United States. Soldiers + are required for the Army, who may be obtained by voluntary + enlistment or by some other process founded in the principles + of equality. In either case the citizen after the tour of + duty is performed is restored to his former station in + society, with his equal share in the common sovereignty of + the nation. In all these cases, which are the strongest which + can be given, we see that the right of the General Government + is nothing more than what it is called in the Constitution, a + power to perform certain acts, and that the subject on which + it operates is a means only to that end; that it was both + before and after that act under the protection and subject to + the laws of the individual State within which it was. + </p> + <p> + To the other powers of the General Government the same + remarks are applicable and with greater force. The right to + regulate commerce with foreign powers was necessary as well + to enable Congress to lay and collect duties and imposts as + to support the rights of the nation in the intercourse with + foreign powers. It is executed at the ports of the several + States and operates almost altogether externally. The right + to borrow and coin money and to fix its value and that of + foreign coin are important to the establishment of a National + Government, and particularly necessary in support of the + right to declare war, as, indeed, may be considered the right + to punish piracy and felonies on the high seas and offenses + against the laws of nations. The right to establish an + uniform rule of naturalization and uniform laws respecting + bankruptcies seems to be essentially connected with the right + to regulate commerce. The first branch of it relates to + foreigners entering the country; the second to merchants who + have failed. The right to promote the progress of useful arts + and sciences may be executed without touching any of the + individual States. It is accomplished by granting patents to + inventors and preserving models, which may be done + exclusively within the Federal district. The right to + constitute courts inferior to the Supreme Court was a + necessary consequence of the judiciary existing as a separate + branch of the General Government. Without such inferior court + in every State it would be difficult and might even be + impossible to carry into effect the laws of the General + Government. The right to establish post-offices and + post-roads is essentially of the same character. For + political, commercial, and social purposes it was important + that it should be vested in the General Government. As a mere + matter of regulation, and nothing more, I presume, was + intended by it, it is a power easily executed and involving + little authority within the States individually. The right to + exercise exclusive legislation in all cases whatsoever over + the Federal district and over forts, magazines, arsenals, + dockyards, and other needful buildings with the consent of + the State within which the same may be is a power of a + peculiar character, and is sufficient in itself to confirm + what has been said of all the other powers of the General + Government. Of this particular grant further notice will + hereafter be taken. + </p> + <p> + I shall conclude my remarks on this part of the subject by + observing that the view which has been presented of the + powers and character of the two Governments is supported by + the marked difference which is observable in the manner of + their endowment. The State governments are divided into three + branches—a legislative, executive, and + judiciary—and the appropriate duties of each assigned + to it without any limitation of power except such as + is-necessary to guard against abuse, in the form of bills of + right. But in instituting the National Government an entirely + different principle was adopted and pursued. The Government + itself is organized, like the State governments, into three + branches, but its powers are enumerated and defined in the + most precise form. The subject has already been too fully + explained to require illustration by a general view of the + whole Constitution, every part of which affords proof of what + is here advanced. It will be sufficient to advert to the + eighth section of the first article, being that more + particularly which defines the powers and fixes the character + of the Government of the United States. By this section it is + declared that Congress shall have power, first, to lay and + collect taxes, duties, imposts, and excises, etc. + </p> + <p> + Having shown the origin of the State governments and their + endowments when first formed; having also shown the origin of + the National Government and the powers vested in it, and + having shown, lastly, the powers which are admitted to have + remained to the State governments after those which were + taken from them by the National Government, I will now + proceed to examine whether the power to adopt and execute a + system of internal improvement by roads and canals has been + vested in the United States. + </p> + <p> + Before we can determine whether this power has been granted + to the General Government it will be necessary to ascertain + distinctly the nature and extent of the power requisite to + make such improvements. When that is done we shall be able to + decide whether such power is vested in the National + Government. + </p> + <p> + If the power existed it would, it is presumed, be executed by + a board of skillful engineers, on a view of the whole Union, + on a plan which would secure complete effect to all the great + purposes of our Constitution. It is not my intention, + however, to take up the subject here on this scale. I shall + state a case for the purpose of illustration only. Let it be + supposed that Congress intended to run a road from the city + of Washington to Baltimore and to connect the Chesapeake Bay + with the Delaware and the Delaware with the Raritan by a + canal, what must be done to carry the project into effect? I + make here no question of the existing power. I speak only of + the power necessary for the purpose. Commissioners would be + appointed to trace a route in the most direct line, paying + due regard to heights, water courses, and other obstacles, + and to acquire the right to the ground over which the road + and canal would pass, with sufficient breadth for each. This + must be done by voluntary grants, or by purchases from + individuals, or, in case they would not sell or should ask an + exorbitant price, by condemning the property and fixing its + value by a jury of the vicinage. The next object to be + attended to after the road and canal are laid out and made is + to keep them in repair. We know that there are people in + every community capable of committing voluntary injuries, of + pulling down walls that are made to sustain the road, of + breaking the bridges over water courses, and breaking the + road itself. Some living near it might be disappointed that + it did not pass through their lands and commit these acts of + violence and waste from revenge or in the hope of giving it + that direction, though for a short time. Injuries of this + kind have been committed and are still complained of on the + road from Cumberland to the Ohio. To accomplish this object + Congress should have a right to pass laws to punish offenders + wherever they may be found. Jurisdiction over the road would + not be sufficient, though it were exclusive. It would seldom + happen that the parties would be detected in the act. They + would generally commit it in the night and fly far off before + the sun appeared. The power to punish these culprits must + therefore reach them wherever they go. They must also be + amenable to competent tribunals, Federal or State. The power + must likewise extend to another object not less essential or + important than those already mentioned. Experience has shown + that the establishment of turnpikes, with gates and tolls and + persons to collect the tolls, is the best expedient that can + be adopted to defray the expense of these improvements and + the repairs which they necessarily require. Congress must + therefore have power to make such an establishment and to + support it by such regulations, with fines and penalties in + the case of injuries, as may be competent to the purpose. The + right must extend to all those objects, or it will be utterly + incompetent. It is possessed and exercised by the States + individually, and it must be possessed by the United States + or the pretension must be abandoned. + </p> + <p> + Let it be further supposed that Congress, believing that they + do possess the power, have passed an act for those purposes, + under which commissioners have been appointed, who have begun + the work. They are met at the first farm on which they enter + by the owner, who forbids them to trespass on his land. They + offer to buy it at a fair price or at twice or thrice its + value. He persists in his refusal. Can they, on the principle + recognized and acted on by all the State governments that in + cases of this kind the obstinacy and perverseness of an + individual must yield to the public welfare, summon a jury of + upright and discreet men to condemn the land, value it, and + compel the owner to receive the amount and to deliver it up + to them? I believe that very few would concur in the opinion + that such a power exists. + </p> + <p> + The next object is to preserve these improvements from + injury. The locks of the canal are broken, the walls which + sustained the road are pulled down, the bridges are broken, + the road itself is plowed up, toll is refused to be paid, the + gates of the canal or turnpike are forced. The offenders are + pursued, caught, and brought to trial. Can they be punished? + The question of right must be decided on principle. The + culprits will avail themselves of every barrier that may + serve to screen them from punishment. They will plead that + the law under which they stand arraigned is unconstitutional, + and that question must be decided by the court, whether + Federal or State, on a fair investigation of the powers + vested in the General Government by the Constitution. If the + judges find that these powers have not been granted to + Congress, the prisoners must be acquitted, and by their + acquittal all claim to the right to establish such a system + is at an end. + </p> + <p> + I have supposed an opposition to be made to the right in + Congress by the owner of the land and other individuals + charged with breaches of laws made to protect the works from + injury, because it is the mildest form in which it can + present itself. It is not, however, the only one. A State, + also, may contest the right, and then the controversy assumes + another character. Government might contend against + government, for to a certain extent both the Governments are + sovereign and independent of each other, and in that form it + is possible, though not probable, that opposition might be + made. To each limitations are prescribed, and should a + contest rise between them respecting their rights and the + people sustain it with anything like an equal division of + numbers the worst consequences might ensue. + </p> + <p> + It may be urged that the opposition suggested by the owner of + the land or by the States individually may be avoided by a + satisfactory arrangement with the parties. But a suppression + of opposition in that way is no proof of a right in Congress, + nor could it, if confined to that limit, remove all the + impediments to the exercise of the power. It is not + sufficient that Congress may by the command and application + of the public revenue purchase the soil, and thus silence + that class of individuals, or by the accommodation afforded + to individual States put down opposition on their part. + Congress must be able rightfully to control all opposition or + they can not carry the system into effect. Cases would + inevitably occur to put the right to the test. The work must + be preserved from injury, tolls must be collected, offenders + must be punished. With these culprits no bargain can be made. + When brought to trial they must deny the validity of the law, + and that plea being sustained all claim to the right ceases. + </p> + <p> + If the United States possess this power, it must be either + because it has been specifically granted or that it is + incidental and necessary to carry into effect some specific + grant. The advocates for the power derive it from the + following sources: First, the right to establish post-offices + and post-roads; second, to declare war; third, to regulate + commerce among the several States; fourth, from the power to + pay the debts and provide for the common defense and general + welfare of the United States; fifth, from the power to make + all laws necessary and proper for carrying into execution all + the powers vested by the Constitution in the Government of + the United States or in any department or officer thereof; + sixth and lastly, from the power to dispose of and make all + needful rules and regulations respecting the territory and + other property of the United States. It is to be observed + that there is but little accord among the advocates for this + power as to the particular source from whence it is derived. + They all agree, however, in ascribing it to some one or more + of those above mentioned. I will examine the ground of the + claim in each instance. + </p> + <p> + The first of these grants is in the following words: + "Congress shall have power to establish post-offices and + post-roads." What is the just import of these words and the + extent of the grant? The word "establish" is the ruling term; + "post-offices and post-roads" are the subjects on which it + acts. The question therefore is, What power is granted by + that word? The sense in which words are commonly used is that + in which they are to be understood in all transactions + between public bodies and individuals. The intention of the + parties is to prevail, and there is no better way of + ascertaining it than by giving to the terms used their + ordinary import. If we were to ask any number of our most + enlightened citizens, who had no connection with public + affairs and whose minds were unprejudiced, what was the + import of the word "establish" and the extent of the grant + which it controls, we do not think there would be any + difference of opinion among them. We are satisfied that all + of them would answer that a power was thereby given to + Congress to fix on the towns, court-houses, and other places + throughout our Union at which there should be post-offices, + the routes by which the mails should be carried from one + post-office to another, so as to diffuse intelligence as + extensively and to make the institution as useful as + possible, to fix the postage to be paid on every letter and + packet thus carried, to support the establishment, and to + protect the post-office and mails from robbery by punishing + those who should commit the offense. The idea of a right to + lay off the roads of the United States on a general scale of + improvement, to take the soil from the proprietor by force, + to establish turnpikes and tolls, and to punish offenders in + the manner stated above would never occur to any such person. + The use of the existing road by the stage, mail carrier, or + postboy in passing over it as others do is all that would be + thought of, the jurisdiction and soil remaining to the State, + with a right in the State or those authorized by its + legislature to change the road at pleasure. + </p> + <p> + The intention of the parties is supported by other proof, + which ought to place it beyond all doubt. In the former act + of Government, the Confederation, we find a grant for the + same purpose expressed in the following words: "The United + States in Congress assembled shall have the sole and + exclusive right and power of establishing and regulating + post-offices from one State to another throughout all the + United States, and exacting such postage on the papers + passing through the same as may be requisite to defray the + expenses of the said office." The term "establish" was + likewise the ruling one in that instrument, and was evidently + intended and understood to give a power simply and solely to + fix where there should be post-offices. By transferring this + term from the Confederation into the Constitution it was + doubtless intended that it should be understood in the same + sense in the latter that it was in the former instrument, and + to be applied alike to post-offices and post-roads. In + whatever sense it is applied to post-offices it must be + applied in the same sense to post-roads. But it may be asked, + If such was the intention, why were not all the other terms + of the grant transferred with it? The reason is obvious. The + Confederation being a bond of union between independent + States, it was necessary in granting the powers which were to + be exercised over them to be very explicit and minute in + defining the powers granted. But the Constitution to the + extent of its powers having incorporated the States into one + Government like the government of the States individually, + fewer words in defining the powers granted by it were not + only adequate, but perhaps better adapted to the purpose. We + find that brevity is a characteristic of the instrument. Had + it been intended to convey a more enlarged power in the + Constitution than had been granted in the Confederation, + surely the same controlling term would not have been used, or + other words would have been added, to show such intention and + to mark the extent to which the power should be carried. It + is a liberal construction of the powers granted in the + Constitution by this term to include in it all the powers + that were granted in the Confederation by terms which + specifically defined and, as was supposed, extended their + limits. It would be absurd to say that by omitting from the + Constitution any portion of the phraseology which was deemed + important in the Confederation the import of that term was + enlarged, and with it the powers of the Constitution, in a + proportional degree, beyond what they were in the + Confederation. The right to exact postage and to protect the + post-offices and mails from robbery by punishing the + offenders may fairly be considered as incidents to the grant, + since without it the object of the grant might be defeated. + Whatever is absolutely necessary to the accomplishment of the + object of the grant, though not specified, may fairly be + considered as included in it. Beyond this the doctrine of + incidental power can not be carried. + </p> + <p> + If we go back to the origin of our settlements and + institutions and trace their progress down to the Revolution, + we shall see that it was in this sense, and in none other, + that the power was exercised by all our colonial governments. + Post-offices were made for the country, and not the country + for them. They are the offspring of improvement; they never + go before it. Settlements are first made, after which the + progress is uniform and simple, extending to objects in + regular order most necessary to the comfort of + man—schools, places of public worship, court-houses, + and markets; post-offices follow. Roads may, indeed, be said + to be coeval with settlements; they lead to all the places + mentioned, and to every other which the various and + complicated interests of society require. + </p> + <p> + It is believed that not one example can be given, from the + first settlement of our country to the adoption of this + Constitution, of a post-office being established without a + view to existing roads or of a single road having been made + by pavement, turnpike, etc., for the sole purpose of + accommodating a post-office. Such, too, is the uniform + progress of all societies. In granting, then, this power to + the United States it was undoubtedly intended by the framers + and ratifiers of the Constitution to convey it in the sense + and extent only in which it had been understood and exercised + by the previous authorities of the country. + </p> + <p> + This conclusion is confirmed by the object of the grant and + the manner of its execution. The object is the transportation + of the mail throughout the United States, which may be done + on horseback, and was so done until lately, since the + establishment of stages. Between the great towns and in other + places where the population is dense stages are preferred + because they afford an additional opportunity to make a + profit from passengers; but where the population is sparse + and on crossroads it is generally carried on horseback. + Unconnected with passengers and other objects, it can not be + doubted that the mail itself may be carried in every part of + our Union with nearly as much economy and greater dispatch on + horseback than in a stage, and in many parts with much + greater. In every part of the Union in which stages can be + preferred the roads are sufficiently good provided those + which serve for every other purpose will accommodate them. In + every other part where horses alone are used if other people + pass them on horseback surely the mail carrier can. For an + object so simple and so easy in its execution it would + doubtless excite surprise if it should be thought proper to + appoint commissioners to lay off the country on a great + scheme of improvement, with the power to shorten distances, + reduce heights, level mountains, and pave surfaces. + </p> + <p> + If the United States possessed the power contended for under + this grant, might they not in adopting the roads of the + individual States for the carriage of the mail, as has been + done, assume jurisdiction over them and preclude a right to + interfere with or alter them? Might they not establish + turnpikes and exercise all the other acts of sovereignty + above stated over such roads necessary to protect them from + injury and defray the expense of repairing them? Surely if + the right exists these consequences necessarily followed as + soon as the road was established. The absurdity of such a + pretension must be apparent to all who examine it. In this + way a large portion of the territory of every State might be + taken from it, for there is scarcely a road in any State + which will not be used for the transportation of the mail. A + new field for legislation and internal government would thus + be opened. + </p> + <p> + From this view of the subject I think we may fairly conclude + that the right to adopt and execute a system of internal + improvement, or any part of it, has not been granted to + Congress under the power to establish post-offices and + post-roads; that the common roads of the country only were + contemplated by that grant and are fully competent to all its + purposes. + </p> + <p> + The next object of inquiry is whether the right to declare + war includes the right to adopt and execute this system of + improvement. The objections to it are, I presume, not less + conclusive than those which are applicable to the grant which + we have just examined. + </p> + <p> + Under the last-mentioned grant a claim has been set up to as + much of that system as relates to roads. Under this it + extends alike to roads and canals. + </p> + <p> + We must examine this grant by the same rules of construction + that were applied to the preceding one. The object was to + take this power from the individual States and to vest it in + the General Government. This has been done in clear and + explicit terms, first by granting the power to Congress, and + secondly by prohibiting the exercise of it by the States. + "Congress shall have a right to declare war." This is the + language of the grant. If the right to adopt and execute this + system of improvement is included in it, it must be by way of + incident only, since there is nothing in the grant itself + which bears any relation to roads and canals. The following + considerations, it is presumed, prove incontestably that this + power has not been granted in that or any other manner. + </p> + <p> + The United States are exposed to invasion through the whole + extent of their Atlantic coast by any European power with + whom we might be engaged in war—on the northern and + northwestern frontier on the side of Canada by Great Britain, + and on the southern by Spain or any power in alliance with + her. If internal improvements are to be carried to the full + extent to which they may be useful for military purposes, the + power as it exists must apply to all the roads of the Union, + there being no limitation to it. Wherever such improvements + may facilitate the march of troops, the transportation of + cannon, or otherwise aid the operations or mitigate the + calamities of war along the coast or in any part of the + interior they would be useful for military purposes, and + might therefore be made. The power following as an incident + to another power can be measured as to its extent by + reference only to the obvious extent of the power to which it + is incidental. So great a scope was, it is believed, never + given to incidental power. + </p> + <p> + If it had been intended that the right to declare war should + include all the powers necessary to maintain war, it would + follow that nothing would have been done to impair the right + or to restrain Congress from the exercise of any power which + the exigencies of war might require. The nature and extent of + this exigency would mark the extent of the power granted, + which should always be construed liberally, so as to be + adequate to the end. A right to raise money by taxes, duties, + excises, and by loan, to raise and support armies and a navy, + to provide for calling forth, arming, disciplining, and + governing the militia when in the service of the United + States, establishing fortifications and governing the troops + stationed in them independently of the State authorities, and + to perform many other acts is indispensable to the + maintenance of war—no war with any great power can be + prosecuted with success without the command of the resources + of the Union in all these respects. These powers, then, would + of necessity and by common consent have fallen within the + right to declare war had it been intended to convey by way of + incident to that right the necessary powers to maintain war. + But these powers have all been granted specifically with many + others, in great detail, which experience had shown were + necessary for the purposes of war. By specifically granting, + then, these powers it is manifest that every power was thus + granted which it was intended to grant for military purposes, + and that it was also intended that no important power should + be included in this grant by way of incident, however useful + it might be for some of the purposes of the grant. + </p> + <p> + By the sixteenth of the enumerated powers, Article I, section + 8, Congress are authorized to exercise exclusive legislation + in all cases whatever over such district as may by cession of + particular States and the acceptance of Congress, not + exceeding 10 miles square, become the seat of the Government + of the United States, and to exercise like authority over all + places purchased by the consent of the legislature of the + State in which the same shall be, for the erection of forts, + magazines, arsenals, dockyards, and other useful buildings. + If any doubt existed on a view of other parts of the + Constitution respecting the decision which ought to be formed + on the question under consideration, I should suppose that + this clause would completely remove it. It has been shown + after the most liberal construction of all the enumerated + powers of the General Government that the territory within + the limits of the respective States belonged to them; that + the United States had no right under the powers granted to + them, with the exception specified in this grant, to any the + smallest portion of territory within a State, all those + powers operating on a different principle and having their + full effect without impairing in the slightest degree this + right in the States; that those powers were in every instance + means to ends, which being accomplished left the + subject—that is, the property, in which light only land + could be regarded—where it was before, under the + jurisdiction and subject to the laws of the State + governments. + </p> + <p> + The second number of the clause, which is applicable to + military and naval purposes alone, claims particular + attention here. It fully confirms the view taken of the other + enumerated powers, for had it been intended to include in the + right to declare war, by way of incident, any right of + jurisdiction or legislation over territory within a State, it + would have been done as to fortifications, magazines, + arsenals, dockyards, and other needful buildings. By + specifically granting the right as to such small portions of + territory as might be necessary for these purposes and on + certain conditions, minutely and well defined, it is manifest + that it was not intended to grant it as to any other portion + on any condition for any purpose or in any manner whatsoever. + </p> + <p> + It may be said that although the authority to exercise + exclusive legislation in certain cases within the States with + their consent may be considered as a prohibition to Congress + to exercise like exclusive legislation in any other case, + although their consent should be granted, it does not + prohibit the exercise of such jurisdiction or power within a + State as would be competent to all the purposes of internal + improvement. I can conceive no ground on which the idea of + such a power over any part of the territory of a State can be + inferred from the power to declare war. There never can be an + occasion for jurisdiction for military purposes except in + fortifications, dockyards, and the like places. If the + soldiers are in the field or are quartered in garrisons + without the fortifications, the civil authority must prevail + where they are. The government of the troops by martial law + is not affected by it. In war, when the forces are increased + and the movement is on a greater scale, consequences follow + which are inseparable from the exigencies of the state. More + freedom of action and a wider range of power in the military + commanders, to be exercised on their own responsibility, may + be necessary to the public safety; but even here the civil + authority of the State never ceases to operate. It is also + exclusive for all civil purposes. + </p> + <p> + Whether any power short of that stated would be adequate to + the purposes of internal improvement is denied. In the case + of territory one government must prevail for all the purposes + intended by the grant. The jurisdiction of the United States + might be modified in such manner as to admit that of the + State in all cases and for all purposes not necessary to the + execution of the proposed power; but the right of the General + Government must be complete for all the purposes above + stated. It must extend to the seizure and condemnation of the + property, if necessary; to the punishment of offenders for + injuries to the roads and canals; to the establishment and + enforcement of tolls, etc. It must be a complete right to the + extent above stated or it will be of no avail. That right + does not exist. + </p> + <p> + The reasons which operate in favor of the right of exclusive + legislation in forts, dockyards, etc., do not apply to any + other places. The safety of such works and of the cities + which they are intended to defend, and even of whole + communities, may sometimes depend on it. If spies are + admitted within them in time of war, they might communicate + intelligence to the enemy which might be fatal. All nations + surround such works with high walls and keep their gates + shut. Even here, however, three important conditions are + indispensable to such exclusive legislation: First, the + ground must be requisite for and be applied to those + purposes; second, it must be purchased; third, it must be + purchased by the consent of the State in which it may be. + When we find that so much care has been taken to protect the + sovereignty of the States over the territory within their + respective limits, admitting that of the United States over + such small portions and for such special and important + purposes only, the conclusion is irresistible not only that + the power necessary for internal improvements has not been + granted, but that it has been clearly prohibited. + </p> + <p> + I come next to the right to regulate commerce, the third + source from whence the right to make internal improvements is + claimed. It is expressed in the following words: "Congress + shall have power to regulate commerce with foreign nations + and among the several States and with the Indian tribes." The + reasoning applicable to the preceding claims is equally so to + this. The mischief complained of was that this power could + not be exercised with advantage by the individual States, and + the object was to transfer it to the United States. The sense + in which the power was understood and exercised by the States + was doubtless that in which it was transferred to the United + States. The policy was the same as to three branches of this + grant, and it is scarcely possible to separate the two first + from each other in any view which may be taken of the + subject. The last, relating to the Indian tribes, is of a + nature distinct from the others for reasons too well known to + require explanation. Commerce between independent powers or + communities is universally regulated by duties and imposts. + It was so regulated by the States before the adoption of this + Constitution equally in respect to each other and to foreign + powers. The goods and vessels employed in the trade are the + only subjects of regulation. It can act on none other. A + power, then, to impose such duties and imposts in regard to + foreign nations and to prevent any on the trade between the + States was the only power granted. + </p> + <p> + If we recur to the causes which produced the adoption of this + Constitution, we shall find that injuries resulting from the + regulation of trade by the States respectively and the + advantages anticipated from the transfer of the power to + Congress were among those which had the most weight. Instead + of acting as a nation in regard to foreign powers, the States + individually had commenced a system of restraint on each + other whereby the interests of foreign powers were promoted + at their expense. If one State imposed high duties on the + goods or vessels of a foreign power to countervail the + regulations of such power, the next adjoining States imposed + lighter duties to invite those articles into their ports, + that they might be transferred thence into the other States, + securing the duties to themselves. This contracted policy in + some of the States was soon counteracted by others. + Restraints were immediately laid on such commerce by the + suffering States, and thus had grown up a state of affairs + disorderly and unnatural, the tendency of which was to + destroy the Union itself and with it all hope of realizing + those blessings which we had anticipated from the glorious + Revolution which had been so recently achieved. From this + deplorable dilemma, or, rather, certain ruin, we were happily + rescued by the adoption of the Constitution. + </p> + <p> + Among the first and most important effects of this great + Revolution was the complete abolition of this pernicious + policy. The States were brought together by the Constitution + as to commerce into one community equally in regard to + foreign nations and each other. The regulations that were + adopted regarded us in both respects as one people. The + duties and imposts that were laid on the vessels and + merchandise of foreign nations were all uniform throughout + the United States, and in the intercourse between the States + themselves no duties of any kind were imposed other than + between different ports and counties within the same State. + </p> + <p> + This view is supported by a series of measures, all of a + marked character, preceding the adoption of the Constitution. + As early as the year 1781 Congress recommended it to the + States to vest in the United States a power to levy a duty of + 5 per cent on all goods imported from foreign countries into + the United States for the term of fifteen years. In 1783 this + recommendation, with alterations as to the kind of duties and + an extension of this term to twenty-five years, was repeated + and more earnestly urged. In 1784 it was recommended to the + States to authorize Congress to prohibit, under certain + modifications, the importation of goods from foreign powers + into the United States for fifteen years. In 1785 the + consideration of the subject was resumed, and a proposition + presented in a new form, with an address to the States, + explaining fully the principles on which a grant of the power + to regulate trade was deemed indispensable. In 1786 a meeting + took place at Annapolis of delegates from several of the + States on this subject, and on their report a convention was + formed at Philadelphia the ensuing year from all the States, + to whose deliberations we are indebted for the present + Constitution. + </p> + <p> + In none of these measures was the subject of internal + improvement mentioned or even glanced at. Those of 1784, + 1785, 1786, and 1787, leading step by step to the adoption of + the Constitution, had in view only the obtaining of a power + to enable Congress to regulate trade with foreign powers. It + is manifest that the regulation of trade with the several + States was altogether a secondary object, suggested by and + adopted in connection with the other. If the power necessary + to this system of improvement is included under either branch + of this grant, I should suppose that it was the first rather + than the second. The pretension to it, however, under that + branch has never been set up. In support of the claim under + the second no reason has been assigned which appears to have + the least weight. + </p> + <p> + The fourth claim is founded on the right of Congress to "pay + the debts and provide for the common defense and general + welfare" of the United States. This claim has less reason on + its side than either of those which we have already examined. + The power of which this forms a part is expressed in the + following words: "Congress shall have power to lay and + collect taxes, duties, imposts, and excises; to pay the debts + and provide for the common defense and general welfare of the + United States; but all duties, imposts, and excises shall be + uniform throughout the United States." That the second part + of this grant gives a right to appropriate the public money, + and nothing more, is evident from the following + considerations: First. If the right of appropriation is not + given by this clause, it is not given at all, there being no + other grant in the Constitution which gives it directly or + which has any bearing on the subject, even by implication, + except the two following: First, the prohibition, which is + contained in the eleventh of the enumerated powers, not to + appropriate money for the support of armies for a longer term + than two years; and, second, the declaration of the sixth + member or clause of the ninth section of the first article + that no money shall be drawn from the Treasury but in + consequence of appropriations made by law. Second. This part + of the grant has none of the characteristics of a distinct + and original power. It is manifestly incidental to the great + objects of the first part of the grant, which authorizes + Congress to lay and collect taxes, duties, imposts, and + excises, a power of vast extent, not granted by the + Confederation, the grant of which formed one of the principal + inducements to the adoption of this Constitution. If both + parts of the grant are taken together (as they must be, for + the one follows immediately after the other in the same + sentence), it seems to be impossible to give to the latter + any other construction than that contended for. Congress + shall have power to lay and collect taxes, duties, imposts, + and excises. For what purpose? To pay the debts and provide + for the common defense and general welfare of the United + States, an arrangement and phraseology which clearly show + that the latter part of the clause was intended to enumerate + the purposes to which the money thus raised might be + appropriated. Third. If this is not the real object and fair + construction of the second part of this grant, it follows + either that it has no import or operation whatever or one of + much greater extent than the first part. This presumption is + evidently groundless in both instances. In the first because + no part of the Constitution can be considered useless; no + sentence or clause in it without a meaning. In the second + because such a construction as made the second part of the + clause an original grant, embracing the same object with the + first, but with much greater power than it, would be in the + highest degree absurd. The order generally observed in + grants, an order founded in common sense, since it promotes a + clear understanding of their import, is to grant the power + intended to be conveyed in the most full and explicit manner, + and then to explain or qualify it, if explanation or + qualification should be necessary. This order has, it is + believed, been invariably observed in all the grants + contained in the Constitution. In the second because if the + clause in question is not construed merely as an authority to + appropriate the public money, it must be obvious that it + conveys a power of indefinite and unlimited extent; that + there would have been no use for the special powers to raise + and support armies and a navy, to regulate commerce, to call + forth the militia, or even to lay and collect taxes, duties, + imposts, and excises. An unqualified power to pay the debts + and provide for the common defense and general welfare, as + the second part of this clause would be if considered as a + distinct and separate grant, would extend to every object in + which the public could be interested. A power to provide for + the common defense would give to Congress the command of the + whole force and of all the resources of the Union; but a + right to provide for the general welfare would go much + further. It would, in effect, break down all the barriers + between the States and the General Government and consolidate + the whole under the latter. + </p> + <p> + The powers specifically granted to Congress are what are + called the enumerated powers, and are numbered in the order + in which they stand, among which that contained in the first + clause holds the first place in point of importance. If the + power created by the latter part of the clause is considered + an original grant, unconnected with and independent of the + first, as in that case it must be, then the first part is + entirely done away, as are all the other grants in the + Constitution, being completely absorbed in the transcendent + power granted in the latter part; but if the clause be + construed in the sense contended for, then every part has an + important meaning and effect; not a line, a word, in it is + superfluous. A power to lay and collect taxes, duties, + imposts, and excises subjects to the call of Congress every + branch of the public revenue, internal and external, and the + addition to pay the debts and provide for the common defense + and general welfare gives the right of applying the money + raised—that is, of appropriating it to the purposes + specified according to a proper construction of the terms. + Hence it follows that it is the first part of the clause only + which gives a power which affects in any manner the power + remaining to the States, as the power to raise money from the + people, whether it be by taxes, duties, imposts, or excises, + though concurrent in the States as to taxes and excises must + necessarily do. But the use or application of the money after + it is raised is a power altogether of a different character. + It imposes no burden on the people, nor can it act on them in + a sense to take power from the States or in any sense in + which power can be controverted, or become a question between + the two Governments. The application of money raised under a + lawful power is a right or grant which may be abused. It may + be applied partially among the States, or to improper + purposes in our foreign and domestic concerns; but still it + is a power not felt in the sense of other power, since the + only complaint which any State can make of such partiality + and abuse is that some other State or States have obtained + greater benefit from the application than by a just rule of + apportionment they were entitled to. The right of + appropriation is therefore from its nature secondary and + incidental to the right of raising money, and it was proper + to place it in the same grant and same clause with that + right. By rinding them, then, in that order we see a new + proof of the sense in which the grant was made, corresponding + with the view herein taken of it. + </p> + <p> + The last part of this grant, which provides that all duties, + imposts, and excises shall be uniform throughout the United + States, furnishes another strong proof that it was not + intended that the second part should constitute a distinct + grant in the sense above stated, or convey any other right + than that of appropriation. This provision operates + exclusively on the power granted in the first part of the + clause. It recites three branches of that power—duties, + imposts, and excises—those only on which it could + operate, the rule by which the fourth—that is, + taxes—should be laid being already provided for in + another part of the Constitution. The object of this + provision is to secure a just equality among the States in + the exercise of that power by Congress. By placing it after + both the grants—that is, after that to raise and that + to appropriate the public money—and making it apply to + the first only it shows that it was not intended that the + power granted in the second should be paramount to and + destroy that granted in the first. It shows also that no such + formidable power as that suggested had been granted in the + second, or any power against the abuse of which it was + thought necessary specially to provide. Surely if it was + deemed proper to guard a specific power of limited extent and + well-known import against injustice and abuse, it would have + been much more so to have guarded against the abuse of a + power of such vast extent and so indefinite as would have + been granted by the second part of the clause if considered + as a distinct and original grant. + </p> + <p> + With this construction all the other enumerated grants, and, + indeed, all the grants of power contained in the + Constitution, have their full operation and effect. They all + stand well together, fulfilling the great purposes intended + by them. Under it we behold a great scheme, consistent in all + its parts, a Government instituted for national purposes, + vested with adequate powers for those purposes, commencing + with the most important of all, that of the revenue, and + proceeding in regular order to the others with which it was + deemed proper to endow it, all, too, drawn with the utmost + circumspection and care. How much more consistent is this + construction with the great objects of the institution and + with the high character of the enlightened and patriotic + citizens who framed it, as well as of those who ratified it, + than one which subverts every sound principle and rule of + construction and throws everything into confusion. + </p> + <p> + I have dwelt thus long on this part of the subject from an + earnest desire to fix in a clear and satisfactory manner the + import of the second part of this grant, well knowing from + the generality of the terms used their tendency to lead into + error. I indulge a strong hope that the view herein presented + will not be without effect, but will tend to satisfy the + unprejudiced and impartial that nothing more was granted by + that part than a power to <i>appropriate</i> the public money + raised under the other part. To what extent that power may be + carried will be the next object of inquiry. + </p> + <p> + It is contended on the one side that as the National + Government is a government of limited powers it has no right + to expend money except in the performance of acts authorized + by the other specific grants according to a strict + construction of their powers; that this grant in neither of + its branches gives to Congress discretionary power of any + kind, but is a mere instrument in its hands to carry into + effect the powers contained in the other grants. To this + construction I was inclined in the more early stage of our + Government; but on further reflection and observation my mind + has undergone a change, for reasons which I will frankly + unfold. + </p> + <p> + The grant consists, as heretofore observed, of a twofold + power—the first to raise, the second to appropriate, + the public money—and the terms used in both instances + are general and unqualified. Bach branch was obviously drawn + with a view to the other, and the import of each tends to + illustrate that of the other. The grant to raise money gives + a power over every subject from which revenue may be drawn, + and is made in the same manner with the grants to declare + war, to raise and support armies and a navy, to regulate + commerce, to establish post-offices and post-roads, and with + all the other specific grants to the General Government. In + the discharge of the powers contained in any of these grants + there is no other check than that which is to be found in the + great principles of our system, the responsibility of the + representative to his constituents. If war, for example, is + necessary, and Congress declare it for good cause, their + constituents will support them in it. A like support will be + given them for the faithful discharge of their duties under + any and every other power vested in the United States. It + affords to the friends of our free governments the most + heartfelt consolation to know—and from the best + evidence, our own experience—that in great emergencies + the boldest measures, such as form the strongest appeals to + the virtue and patriotism of the people, are sure to obtain + the most decided approbation. But should the representative + act corruptly and betray his trust, or otherwise prove that + he was unworthy of the confidence of his constituents, he + would be equally sure to lose it and to be removed and + otherwise censured, according to his deserts. The power to + raise money by taxes, duties, imposts, and excises is alike + unqualified, nor do I see any check on the exercise of it + other than that which applies to the other powers above + recited, the responsibility of the representative to his + constituents. Congress know the extent of the public + engagements and the sums necessary to meet them; they know + how much may be derived from each branch of revenue without + pressing it too far; and, paying due regard to the interests + of the people, they likewise know which branch ought to be + resorted to in the first instance. From the commencement of + the Government two branches of this power, duties and + imposts, have been in constant operation, the revenue from + which has supported the Government in its various branches + and met its other ordinary engagements. In great emergencies + the other two, taxes and excises, have likewise been resorted + to, and neither was the right or the policy ever called in + question. + </p> + <p> + If we look to the second branch of this power, that which + authorizes the appropriation of the money thus raised, we + find that it is not less general and unqualified than the + power to raise it. More comprehensive terms than to "pay the + debts and provide for the common defense and general welfare" + could not have been used. So intimately connected with and + dependent on each other are these two branches of power that + had either been limited the limitation would have had the + like effect on the other. Had the power to raise money been + conditional or restricted to special purposes, the + appropriation must have corresponded with it, for none but + the money raised could be appropriated, nor could it be + appropriated to other purposes than those which were + permitted. On the other hand, if the right of appropriation + had been restricted to certain purposes, it would be useless + and improper to raise more than would be adequate to those + purposes. It may fairly be inferred these restraints or + checks have been carefully and intentionally avoided. The + power in each branch is alike broad and unqualified, and each + is drawn with peculiar fitness to the other, the latter + requiring terms of great extent and force to accommodate the + former, which have been adopted, and both placed in the same + clause and sentence. + </p> + <p> + Can it be presumed that all these circumstances were so + nicely adjusted by mere accident? Is it not more just to + conclude that they were the result of due deliberation and + design? Had it been intended that Congress should be + restricted in the appropriation of the public money to such + expenditures as were authorized by a rigid construction of + the other specific grants, how easy would it have been to + have provided for it by a declaration to that effect. The + omission of such declaration is therefore an additional proof + that it was not intended that the grant should be so + construed. + </p> + <p> + It was evidently impossible to have subjected this grant in + either branch to such restriction without exposing the + Government to very serious embarrassment. How carry it into + effect? If the grant had been made in any degree dependent + upon the States, the Government would have experienced the + fate of the Confederation. Like it, it would have withered + and soon perished. Had the Supreme Court been authorized, or + should any other tribunal distinct from the Government be + authorized, to impose its veto, and to say that more money + had been raised under either branch of this power—that + is, by taxes, duties, imposts, or excises—than was + necessary, that such a tax or duty was useless, that the + appropriation to this or that purpose was unconstitutional, + the movement might have been suspended and the whole system + disorganized. It was impossible to have created a power + within the Government or any other power distinct from + Congress and the Executive which should control the movement + of the Government in this respect and not destroy it. Had it + been declared by a clause in the Constitution that the + expenditures under this grant should be restricted to the + construction which might be given of the other grants, such + restraint, though the most innocent, could not have failed to + have had an injurious effect on the vital principles of the + Government and often on its most important measures. Those + who might wish to defeat a measure proposed might construe + the power relied on in support of it in a narrow and + contracted manner, and in that way fix a precedent + inconsistent with the true import of the grant. At other + times those who favored a measure might give to the power + relied on a forced or strained construction, and, succeeding + in the object, fix a precedent in the opposite extreme. Thus + it is manifest that if the right of appropriation be confined + to that limit, measures may oftentimes be carried or defeated + by considerations and motives altogether independent of and + unconnected with their merits, and the several powers of + Congress receive constructions equally inconsistent with + their true import. No such declaration, however, has been + made, and from the fair import of the grant, and, indeed, its + positive terms, the inference that such was intended seems to + be precluded. + </p> + <p> + Many considerations of great weight operate in favor of this + construction, while I do not perceive any serious objections + to it. If it be established, it follows that the words "to + provide for the common defense and general welfare" have a + definite, safe, and useful meaning. The idea of their forming + an original grant, with unlimited power, superseding every + other grant, is abandoned. They will be considered simply as + conveying a right of appropriation, a right indispensable to + that of raising a revenue and necessary to expenditures under + every grant. By it, as already observed, no new power will be + taken from the States, the money to be appropriated being + raised under a power already granted to Congress. By it, too, + the motive for giving a forced or strained construction to + any of the other specific grants will in most instances be + diminished and in many utterly destroyed. The importance of + this consideration can not be too highly estimated, since, in + addition to the examples already given, it ought particularly + to be recollected that to whatever extent any specified power + may be carried the right of jurisdiction goes with it, + pursuing it through all its incidents. The very important + agency which this grant has in carrying into effect every + other grant is a wrong argument in favor of the construction + contended for. All the other grants are limited by the nature + of the offices which they have severally to perform, each + conveying a power to do a certain thing, and that only, + whereas this is coextensive with the great scheme of the + Government itself. It is the lever which raises and puts the + whole machinery in motion and continues the movement. Should + either of the other grants fail in consequence of any + condition or limitation attached to it or misconstruction of + its powers, much injury might follow, but still it would be + the failure of one branch of power, of one item in the system + only. All the others might move on. But should the right to + raise and appropriate the public money be improperly + restricted, the whole system might be sensibly affected, if + not disorganized. Each of the other grants is limited by the + nature of the grant itself; this, by the nature of the + Government only. Hence it became necessary that, like the + power to declare war, this power should be commensurate with + the great scheme of the Government and with all its purposes. + </p> + <p> + If, then, the right to raise and appropriate the public money + is not restricted to the expenditures under the other + specific grants according to a strict construction of their + powers, respectively, is there no limitation to it? Have + Congress a right to raise and appropriate the money to any + and to every purpose according to their will and pleasure? + They certainly have not. The Government of the United States + is a limited Government, instituted for great national + purposes, and for those only. Other interests are committed + to the States, whose duty it is to provide for them. Each + government should look to the great and essential purposes + for which it was instituted and confine itself to those + purposes. A State government will rarely if ever apply money + to national purposes without making it a charge to the + nation. The people of the State would not permit it. Nor will + Congress be apt to apply money in aid of the State + administrations for purposes strictly local in which the + nation at large has no interest, although the State should + desire it. The people of the other States would condemn it. + They would declare that Congress had no right to tax them for + such a purpose, and dismiss at the next election such of + their representatives as had voted for the measure, + especially if it should be severely felt. I do not think that + in offices of this kind there is much danger of the two + Governments mistaking their interests or their duties. I + rather expect that they would soon have a clear and distinct + understanding of them and move on in great harmony. + </p> + <p> + Good roads and canals will promote many very important + national purposes. They will facilitate the operations of + war, the movements of troops, the transportation of cannon, + of provisions, and every warlike store, much to our advantage + and to the disadvantage of the enemy in time of war. Good + roads will facilitate the transportation of the mail, and + thereby promote the purposes of commerce and political + intelligence among the people. They will by being properly + directed to these objects enhance the value of our vacant + lands, a treasure of vast resource to the nation. To the + appropriation of the public money to improvements having + these objects in view and carried to a certain extent I do + not see any well-founded constitutional objection. + </p> + <p> + In regard to our foreign concerns, provided they are managed + with integrity and ability, great liberality is allowable in + the application of the public money. In the management of + these concerns no State interests can be affected, no State + rights violated. The complete and exclusive control over them + is vested in Congress. The power to form treaties of alliance + and commerce with foreign powers, to regulate by law our + commerce with them, to determine on peace or war, to raise + armies and a navy, to call forth the militia and direct their + operations belongs to the General Government. These great + powers, embracing the whole scope of our foreign relations, + being granted, on what principle can it be said that the + minor are withheld? Are not the latter clearly and evidently + comprised in the former? Nations are sometimes called upon to + perform to each other acts of humanity and kindness, of which + we see so many illustrious examples between individuals in + private life. Great calamities make appeals to the + benevolence of mankind which ought not to be resisted. Good + offices in such emergencies exalt the character of the party + rendering them. By exciting grateful feelings they soften the + intercourse between nations and tend to prevent war. Surely + if the United States have a right to make war they have a + right to prevent it. How was it possible to grant to Congress + a power for such minor purposes other than in general terms, + comprising it within the scope and policy of that which + conveyed it for the greater? + </p> + <p> + The right of appropriation is nothing more than a right to + apply the public money to this or that purpose. It has no + incidental power, nor does it draw after it any consequences + of that kind. All that Congress could do under it in the case + of internal improvements would be to appropriate the money + necessary to make them. For every act requiring legislative + sanction or support the State authority must be relied on. + The condemnation of the land, if the proprietors should + refuse to sell it, the establishment of turnpikes and tolls, + and the protection of the work when finished must be done by + the State. To these purposes the powers of the General + Government are believed to be utterly incompetent. + </p> + <p> + To the objection that the United States have no power in any + instance which is not complete to all the purposes to which + it may be made instrumental, and in consequence that they + have no right to appropriate any portion of the public money + to internal improvements because they have not the right of + sovereignty and jurisdiction over them when made, a full + answer has, it is presumed, been already given. It may, + however, be proper to add that if this objection was well + founded it would not be confined to the simple case of + internal improvements, but would apply to others of high + importance. Congress have a right to regulate commerce. To + give effect to this power it becomes necessary to establish + custom-houses in every State along the coast and in many + parts of the interior. The vast amount of goods imported and + the duties to be performed to accommodate the merchants and + secure the revenue make it necessary that spacious buildings + should be erected, especially in the great towns, for their + reception. This, it is manifest, could best be performed + under the direction of the General Government. Have Congress + the right to seize the property of individuals if they should + refuse to sell it, in quarters best adapted to the purpose, + to have it valued, and to take it at the valuation? Have they + a right to exercise jurisdiction within those buildings? + Neither of these claims has ever been set up, nor could it, + as is presumed, be sustained. They have invariably either + rented houses where such as were suitable could be obtained, + or, where they could not, purchased the ground of + individuals, erected the buildings, and held them under the + laws of the State. Under the power to establish post-offices + and post-roads houses are also requisite for the reception of + the mails and the transaction of the business of the several + offices. These have always been rented or purchased and held + under the laws of the State in the same manner as if they had + been taken by a citizen. The United States have a right to + establish tribunals inferior to the Supreme Court, and such + have been established in every State of the Union. It is + believed that the houses for these inferior courts have + invariably been rented. No right of jurisdiction in them has + ever been claimed, nor other right than that of privilege, + and that only while the court is in session. A still stronger + case may be urged. Should Congress be compelled by invasion + or other cause to remove the Government to some town within + one of the States, would they have a right of jurisdiction + over such town, or hold even the house in which they held + their session under other authority than the laws of such + State? It is believed that they would not. If they have a + right to appropriate money for any of these purposes, to be + laid out under the protection of the laws of the State, + surely they have an equal right to do it for the purposes of + internal improvements. + </p> + <p> + It is believed that there is not a corporation in the Union + which does not exercise great discretion in the application + of the money raised by it to the purposes of its institution. + It would be strange if the Government of the United States, + which was instituted for such important purposes and endowed + with such extensive powers, should not be allowed at least + equal discretion and authority. The evil to be particularly + avoided is the violation of State rights. Shunning that, it + seems to be reasonable and proper that the powers of Congress + should be so construed as that the General Government in its + intercourse with other nations and in our internal concerns + should be able to adopt all such measures lying within the + fair scope and intended to facilitate the direct objects of + its powers as the public welfare may require and a sound and + provident policy dictate. + </p> + <p> + The measures of Congress have been in strict accord with the + view taken of the right of appropriation both as to its + extent and limitation, as will be shown by a reference to the + laws, commencing at a very early period. Many roads have been + opened, of which the following are the principal: The first + from Cumberland, at the head waters of the Potomac, in the + State of Maryland, through Pennsylvania and Virginia, to the + State of Ohio (March 29, 1806; see vol. 4, p. 13, of the late + edition of the laws). The second from the frontiers of + Georgia, on the route from Athens to New Orleans, to its + intersection with the thirty-first degree of north latitude + (April 31, 1806, p. 58). The third from the Mississippi at a + point and by a route described to the Ohio (same act). The + fourth from Nashville, in Tennessee, to Natchez (same act). + The fifth from the thirty-first degree of north latitude, on + the route from Athens to New Orleans, under such regulations + as might be agreed on between the Executive and the Spanish + Government (March 3, 1807, p. 117). The sixth from the foot + of the rapids of the river Miami, of Lake Erie, to the + western line of the Connecticut Reserve (December 12, 1811, + p. 364). The seventh from the Lower Sandusky to the boundary + line established by the treaty of Greenville (same act). The + eighth from a point where the United States road leading from + Vincennes to the Indian boundary line, established by the + treaty of Greenville, strikes the said line, to the North + Bend, in the State of Ohio (January 8, 1812, p. 367). The + ninth for repairing and keeping in repair the road between + Columbia, on Duck River, in Tennessee, and Madisonville, in + Louisiana, and also the road between Fort Hawkins, in + Georgia, and Fort Stoddard (April 27, 1816, p. 104 of the + acts of that year). The tenth from the Shawneetown, on the + Ohio River, to the Sabine, and to Kaskaskias, in Illinois + (April 27, 1816, p. 112). The eleventh from Reynoldsburg, on + Tennessee River, in the State of Tennessee, through the + Chickasaw Nation, to intersect the Natchez road near the + Chickasaw old town (March 3, 1817, p. 252). The twelfth: By + this act authority was given to the President to appoint + three commissioners for the purpose of examining the country + and laying out a road from the termination of the Cumberland + road, at Wheeling, on the Ohio, through the States of Ohio, + Indiana, and Illinois, to a point to be chosen by them, on + the left bank of the Mississippi, between St. Louis and the + mouth of the Illinois River, and to report an accurate plan + of the said road, with an estimate of the expense of making + it. It is, however, declared by the act that nothing was + thereby intended to imply an obligation on the part of the + United States to make or defray the expense of making the + said road or any part thereof. + </p> + <p> + In the late war two other roads were made by the troops for + military purposes—one from the Upper Sandusky, in the + State of Ohio, through the Black Swamp, toward Detroit, and + another from Plattsburg, on Lake Champlain, through the + Chatauga woods toward Sacketts Harbor, which have since been + repaired and improved by the troops. Of these latter there is + no notice in the laws. The extra pay to the soldiers for + repairing and improving those roads was advanced in the first + instance from the appropriation to the Quartermaster's + Department and afterwards provided for by a specific + appropriation by Congress. The necessity of keeping those + roads open and in good repair, being on the frontier, to + facilitate a communication between our posts, is apparent. + </p> + <p> + All of these roads except the first were formed merely by + cutting down the trees and throwing logs across, so as to + make causeways over such parts as were otherwise impassable. + The execution was of the coarsest kind. The Cumberland road + is the only regular work which has been undertaken by the + General Government or which could give rise to any question + between the two Governments respecting its powers. It is a + great work, over the highest mountains in our Union, + connecting from the seat of the General Government the + Eastern with the Western waters, and more intimately the + Atlantic with the Western States, in the formation of which + $1,800,000 have been expended. The measures pursued in this + case require to be particularly noticed as fixing the opinion + of the parties, and particularly of Congress, on the + important question of the right. Passing through Maryland, + Pennsylvania, and Virginia, it was thought necessary and + proper to bring the subject before their respective + legislatures to obtain their sanction, which was granted by + each State by a legislative act, approving the route and + providing for the purchase and condemnation of the land. This + road was founded on an article of compact between the United + States and the State of Ohio, under which that State came + into the Union, and by which the expense attending it was to + be defrayed by the application of a certain portion of the + money arising from the sale of the public lands within that + State. In this instance, which is by far the strongest in + respect to the expense, extent, and nature of the work done, + the United States have exercised no act of jurisdiction or + sovereignty within either of the States by taking the land + from the proprietors by force, by passing acts for the + protection of the road, or to raise a revenue from it by the + establishment of turnpikes and tolls, or any other act + founded on the principle of jurisdiction or right. Whatever + they have done has, on the contrary, been founded on the + opposite principle, on the voluntary and unqualified + admission that the sovereignty belonged to the State and not + to the United States, and that they could perform no act + which should tend to weaken the power of the State or to + assume any to themselves. All that they have done has been to + appropriate the public money to the construction of this road + and to cause it to be constructed, for I presume that no + distinction can be taken between the appropriation of money + raised by the sale of the public lands and of that which + arises from taxes, duties, imposts, and excises; nor can I + believe that the power to appropriate derives any sanction + from a provision to that effect having been made by an + article of compact between the United States and the people + of the then Territory of Ohio. This point may, however, be + placed in a clearer light by a more particular notice of the + article itself. + </p> + <p> + By an act of April 30, 1802, entitled "An act to enable the + people of the eastern division of the territory northwest of + the river Ohio to form a constitution and State government, + and for the admission of such State into the Union on an + equal footing with the original States, and for other + purposes," after describing the limits of the proposed new + State and authorizing the people thereof to elect a + convention to form a constitution, the three following + propositions were made to the convention, to be obligatory on + the United States if accepted by it: First, that section No. + 16 of every township, or, where such section had been sold, + other lands equivalent thereto, should be granted to the + inhabitants of such township for the use of free schools. + Second, that the 6 miles' reservation, including the salt + springs commonly called the Sciota Salt Springs, the salt + springs near the Muskingum River and in the military tract, + with the sections which include the same, should be granted + to the said State for the use of the people thereof, under + such regulations as the legislature of the State should + prescribe: <i>Provided</i>, That it should never sell or + lease the same for more than ten years. Third, that one + twentieth part of the proceeds of the public lands lying + within the said State which might be sold by Congress from + and after the 30th June ensuing should be applied to the + laying out and making public roads from the navigable waters + emptying into the Atlantic, to the Ohio, and through the + State of Ohio, such roads to be laid out under the authority + of Congress, with the consent of the several States through + which they should pass. + </p> + <p> + These three propositions were made on the condition that the + convention of the State should provide by an ordinance, + irrevocable without the consent of the United States, that + every tract of land sold by Congress after the 30th of June + ensuing should remain for the term of five years after sale + exempt from every species of tax whatsoever. + </p> + <p> + It is impossible to read the ordinance of the 23d of April, + 1784, or the provisions of the act of April 30, 1802, which + are founded on it, without being profoundly impressed with + the enlightened and magnanimous policy which dictated them. + Anticipating that the new States would be settled by the + inhabitants of the original States and their offspring, no + narrow or contracted jealousy was entertained of their + admission into the Union in equal participation in the + national sovereignty with the original States. It was + foreseen at the early period at which that ordinance passed + that the expansion of our Union to the Lakes and to the + Mississippi and all its waters would not only make us a + greater power, but cement the Union itself. These three + propositions were well calculated to promote these great + results. A grant of land to each township for free schools, + and of the salt springs to the State, which were within its + limits, for the use of its citizens, with 5 per cent of the + money to be raised from the sale of lands within the State + for the construction of roads between the original States and + the new State, and of other roads within the State, indicated + a spirit not to be mistaken, nor could it fail to produce a + corresponding effect in the bosoms of those to whom it was + addressed. For these considerations the sole return required + of the convention was that the new State should not tax the + public lands which might be sold by the United States within + it for the term of five years after they should be sold. As + the value of these lands would be enhanced by this exemption + from taxes for that term, and from which the new State would + derive its proportionable benefit, and as it would also + promote the rapid sale of those lands, and with it the + augmentation of its own population, it can not be doubted, + had this exemption been suggested unaccompanied by any + propositions of particular advantage, that the convention + would, in consideration of the relation which had before + existed between the parties, and was about to be so much + improved, most willingly have acceded to it and without + regarding it as an onerous condition. + </p> + <p> + Since, then, it appears that the whole of the money to be + employed in making this road was to be raised from the sale + of the public lands, and which would still belong to the + United States, although no mention had been made of them in + the compact, it follows that the application of the money to + that purpose stands upon the same ground as if such compact + had not been made, and in consequence that the example in + favor of the right of appropriation is in no manner affected + by it. + </p> + <p> + The same rule of construction of the right of appropriation + has been observed and the same liberal policy pursued toward + the other new States, with certain modifications adapted to + the situation of each, which were adopted with the State of + Ohio. As, however, the reasoning which is applicable to the + compact with Ohio in relation to the right of appropriation, + in which light only I have adverted to it, is equally + applicable to the several compacts with the other new States, + I deem it unnecessary to take a particular notice of them. + </p> + <p> + It is proper to observe that the money which was employed in + the construction of all the other roads was taken directly + from the Treasury. This fact affords an additional proof that + in the contemplation of Congress no difference existed in the + application of money to those roads between that which was + raised by the sale of lands and that which was derived from + taxes, duties, imposts, and excises. + </p> + <p> + So far I have confined my remarks to the acts of Congress + respecting the right of appropriation to such measures only + as operate internally and affect the territory of the + individual States. In adverting to those which operate + externally and relate to foreign powers I find only two which + appear to merit particular attention. These were gratuitous + grants of money for the relief of foreigners in + distress—the first in 1794 to the inhabitants of St. + Domingo, who sought an asylum on our coast from the + convulsions and calamities of the island; the second in 1812 + to the people of Caracas, reduced to misery by an earthquake. + The considerations which were applicable to these grants have + already been noticed and need not be repeated. + </p> + <p> + In this examination of the right of appropriation I thought + it proper to present to view also the practice of the + Government under it, and to explore the ground on which each + example rested, that the precise nature and extent of the + construction thereby given of the right might be clearly + understood. The right to raise money would have given, as is + presumed, the right to use it, although nothing had been said + to that effect in the Constitution; and where the right to + raise it is granted without special limitation, we must look + for such limitation to other causes. Our attention is first + drawn to the right to appropriate, and not finding it there + we must then look to the general powers of the Government as + designated by the specific grants and to the purposes + contemplated by them, allowing to this (the right to raise + money), the first and most important of the enumerated + powers, a scope which will be competent to those purposes. + The practice of the Government, as illustrated by numerous + and strong examples directly applicable, ought surely to have + great weight in fixing the construction of each grant. It + ought, I presume, to settle it, especially where it is + acquiesced in by the nation and produces a manifest and + positive good. A practical construction, thus supported, + shows that it has reason on its side and is called for by the + interests of the Union. Hence, too, the presumption that it + will be persevered in. It will surely be better to admit that + the construction given by these examples has been just arid + proper than to deny that construction and still to practice + on it—to say one thing and to do another. + </p> + <p> + Wherein consists the danger of giving a liberal construction + to the right of Congress to raise and appropriate the public + money? It has been shown that its obvious effect is to secure + the rights of the States from encroachment and greater + harmony in the political movement between the two + governments, while it enlarges to a certain extent in the + most harmless way the useful agency of the General Government + for all the purposes of its institution. Is not the + responsibility of the representative to his constituent in + every branch of the General Government equally strong and as + sensibly felt as in the State governments, and is not the + security against abuse as effectual in the one as in the + other government? The history of the General Government in + all its measures fully demonstrates that Congress will never + venture to impose unnecessary burdens on the people or any + that can be avoided. Duties and imposts have always been + light, not greater, perhaps, than would have been imposed for + the encouragement of our manufactures had there been no + occasion for the revenue arising from them; and taxes and + excises have never been laid except in cases of necessity, + and repealed as soon as the necessity ceased. Under this mild + process and the sale of some hundreds of millions of acres of + good land the Government will be possessed of money, which + may be applied with great advantage to national purposes. + Within the States only will it be applied, and, of course, + for their benefit, it not being presumable that such appeals + as were made to the benevolence of the country in the + instances of the inhabitants of St. Domingo and Caracas will + often occur. How, then, shall this revenue be applied? Should + it be idle in the Treasury? That our resources will be equal + to such useful purposes I have no doubt, especially if by + completing our fortifications and raising and maintaining our + Navy at the point provided for immediately after the war we + sustain our present altitude and preserve by means thereof + for any length of time the peace of the Union. + </p> + <p> + When we hear charges raised against other governments of + breaches of their constitutions, or, rather, of their + charters, we always anticipate the most serious + consequences—communities deprived of privileges which + they have long enjoyed, or individuals oppressed and punished + in violation of the ordinary forms and guards of trial to + which they were accustomed and entitled. How different is the + situation of the United States! Nor can anything mark more + strongly the great characteristics of that difference than + the grounds on which like charges are raised against this + Government. It is not alleged that any portion of the + community or any individual has been oppressed or that money + has been raised under a doubtful title. The principal charges + are that a work of great utility to the Union and affecting + immediately and with like advantage many of the States has + been constructed; that pensions to the surviving patriots of + our Revolution, to patriots who fought the battles and + promoted the independence of their country, have been + granted, by money, too, raised not only without oppression, + but almost without being felt, and under an acknowledged + constitutional power. + </p> + <p> + From this view of the right to appropriate and of the + practice under it I think that I am authorized to conclude + that the right to make internal improvements has not been + granted by the power "to pay the debts and provide for the + common defense and general welfare," included in the first of + the enumerated powers; that that grant conveys nothing more + than a right to appropriate the public money, and stands on + the same ground with the right to lay and collect taxes, + duties, imposts, and excises, conveyed by the first branch of + that power; that the Government itself being limited, both + branches of the power to raise and appropriate the public + money are also limited, the extent of the Government as + designated by the specific grants marking the extent of the + power in both branches, extending, however, to every object + embraced by the fair scope of those grants and not confined + to a strict construction of their respective powers, it being + safer to aid the purposes of those grants by the + appropriation of money than to extend by a forced + construction the grant itself; that although the right to + appropriate the public money to such improvements affords a + resource indispensably necessary to such a scheme, it is + nevertheless deficient as a power in the great + characteristics on which its execution depends. + </p> + <p> + The substance of what has been urged on this subject may be + expressed in a few words. My idea is that Congress have an + unlimited power to raise money, and that in its appropriation + they have a discretionary power, restricted only by the duty + to appropriate it to purposes of common defense and of + general, not local, national, not State, benefit. + </p> + <p> + I will now proceed to the fifth source from which the power + is said to be derived, viz, the power to make all laws which + shall be necessary and proper for carrying into execution all + the powers vested by the Constitution in the Government of + the United States or in any department or officer thereof. + This is the seventeenth and last of the enumerated powers + granted to Congress. + </p> + <p> + I have always considered this power as having been granted on + a principle of greater caution to secure the complete + execution of all the powers which had been vested in the + General Government. It contains no distinct and specific + power, as every other grant does, such as to lay and collect + taxes, to declare war, to regulate commerce, and the like. + Looking to the whole scheme of the General Government, it + gives to Congress authority to make all laws which should be + deemed necessary and proper for carrying all its powers into + effect. My impression has been invariably that this power + would have existed substantially if this grant had not been + made; for why is any power granted unless it be to be + executed when required, and how can it be executed under our + Government unless it be by laws necessary and proper for the + purpose—that is, well adapted to the end? It is a + principle universally admitted that a grant of a power + conveys as a necessary consequence or incident to it the + means of carrying it into effect by a fair construction of + its import. In the formation, however, of the Constitution, + which was to act directly upon the people and be paramount to + the extent of its powers to the constitutions of the States, + it was wise in its framers to leave nothing to implication + which might be reduced to certainty. It is known that all + power which rests solely on that ground has been + systematically and zealously opposed under all governments + with which we have any acquaintance; and it was reasonable to + presume that under our system, where there was a division of + the sovereignty between the two independent governments, the + measures of the General Government would excite equal + jealousy and produce an opposition not less systematic, + though, perhaps, less violent. Hence the policy by the + framers of our Government of securing by a fundamental + declaration in the Constitution a principle which in all + other governments had been left to implication only. The + terms "necessary" and "proper" secure to the powers of all + the grants to which the authority given in this is applicable + a fair and sound construction, which is equally binding as a + rule on both Governments and on all their departments. + </p> + <p> + In examining the right of the General Government to adopt and + execute under this grant a system of internal improvement the + sole question to be decided is whether the power has been + granted under any of the other grants. If it has, this power + is applicable to it to the extent stated. If it has not, it + does not exist at all, for it has not been hereby granted. I + have already examined all the other grants (one only + excepted, which will next claim attention) and shown, as I + presume, on the most liberal construction of their powers + that the right has not been granted by any of them; hence it + follows that in regard to them it has not been granted by + this. + </p> + <p> + I come now to the last source from which this power is said + to be derived, viz, the power to dispose of and make all + needful rules and regulations respecting the territory or + other property of the United States, which is contained in + the second clause of the third section of the fourth article + of the Constitution. + </p> + <p> + To form a just opinion of the nature and extent of this power + it will be necessary to bring into view the provisions + contained in the first clause of the section of the article + referred to, which makes an essential part of the policy in + question. By this it is declared that new States shall be + admitted into the Union, but that no new States shall be + formed or erected within the jurisdiction of any other State, + nor any States be formed by the junction of two or more + States or parts of States, without the consent of the + legislatures of the States concerned as well as of the United + States. + </p> + <p> + If we recur to the condition of our country at the + commencement of the Revolution, we shall see the origin and + cause of these provisions. By the charters of the several + colonies limits by latitude and other descriptions were + assigned to each. In commencing the Revolution the colonies, + as has already been observed, claimed by those limits, + although their population extended in many instances to a + small portion of the territory lying within them. It was + contended by some of the States after the declaration of + independence that the vacant lands lying within any of the + States should become the property of the Union, as by a + common exertion they would be acquired. This claim was + resisted by the others on the principle that all the States + entered into the contest in the full extent of their + chartered rights, and that they ought to have the full + benefit of those rights in the event of success. Happily this + controversy was settled, as all interfering claims and + pretensions between the members of our Union and between the + General Government and any of these members have been, in the + most amicable manner and to the satisfaction of all parties. + On the recommendation of Congress the individual States + having such territory within their chartered limits ceded + large portions thereof to the United States on condition that + it should be laid off into districts of proper dimensions, + the lands to be sold for the benefit of the United States, + and that the districts be admitted into the Union when they + should obtain such a population as it might be thought proper + and reasonable to prescribe. This is the territory and this + the property referred to in the second clause of the fourth + article of the Constitution. + </p> + <p> + All the States which had made cessions of vacant territory + except Georgia had made them before the adoption of the + Constitution, and that State had made a proposition to + Congress to that effect which was under consideration at the + time the Constitution was adopted. The cession was completed + after the adoption of the Constitution. It was made on the + same principle and on similar conditions with those which had + been already made by the other States. As differences might + arise respecting the right or the policy in Congress to admit + new States into the Union under the new Government, or to + make regulations for the government of the territory ceded in + the intermediate state, or for the improvement and sale of + the public lands, or to accept other cessions, it was thought + proper to make special provisions for these objects, which + was accordingly done by the above-recited clause in the + Constitution. + </p> + <p> + Thus the power of Congress over the ceded territory was not + only limited to these special objects, but was also + temporary. As soon as the territory became a State the + jurisdiction over it as it had before existed ceased. It + extended afterwards only to the unsold lands, and as soon as + the whole were sold it ceased in that sense also altogether. + From that moment the United States have no jurisdiction or + power in the new States other than in the old, nor can it be + obtained except by an amendment of the Constitution. + </p> + <p> + Since, then, it is manifest that the power granted to + Congress to dispose of and make all needful regulations + respecting the territory and other property of the United + States relates solely to the territory and property which had + been ceded by individual States, and which after such cession + lay without their respective limits, and for which special + provision was deemed necessary, the main power of the + Constitution operating internally, not being applicable or + adequate thereto, it follows that this power gives no + authority, and has even no bearing on the question of + internal improvement. The authority to admit new States and + to dispose of the property and regulate the territory is not + among the enumerated powers granted to Congress, because the + duties to be performed under it are not among the ordinary + duties of that body, like the imposition of taxes, the + regulation of commerce, and the like. They are objects in + their nature special, and for which special provision was + more suitable and proper. + </p> + <p> + Having now examined all the powers of Congress under which + the right to adopt and execute a system of internal + improvement is claimed and the reasons in support of it in + each instance, I think that it may fairly be concluded that + such a right has not been granted. It appears and is admitted + that much may be done in aid of such a system by the right + which is derived from several of the existing grants, and + more especially from that to appropriate the public money. + But still it is manifest that as a system for the United + States it can never be carried into effect under that grant + nor under all of them united, the great and essential power + being deficient, consisting of a right to take up the subject + on principle; to cause our Union to be examined by men of + science, with a view to such improvements; to authorize + commissioners to lay off the roads and canals in all proper + directions; to take the land at a valuation if necessary, and + to construct the works; to pass laws with suitable penalties + for their protection; and to raise a revenue from them, to + keep them in repair, and make further improvement by the + establishment of turnpikes and tolls, with gates to be placed + at the proper distances. + </p> + <p> + It need scarcely be remarked that this power will operate, + like many others now existing, without affecting the + sovereignty of the States except in the particular offices to + be performed. The jurisdiction of the several States may + still exist over the roads and canals within their respective + limits, extending alike to persons and property, as if the + right to make and protect such improvements had not been + vested in Congress. The right, being made commensurate simply + with the purposes indispensable to the system, may be + strictly confined to them. The right of Congress to protect + the works by laws imposing penalties would operate on the + same principles as the right to protect the mail. The act + being punishable only, a jurisdiction over the place would be + altogether unnecessary and even absurd. + </p> + <p> + In the preceding inquiry little has been said of the + advantages which would attend the exercise of such a power by + the General Government. I have made the inquiry under a deep + conviction that they are almost incalculable, and that there + was a general concurrence of opinion among our + fellow-citizens to that effect. Still, it may not be improper + for me to state the grounds upon which my own impression is + founded. If it sheds no additional light on this interesting + part of the subject, it will at least show that I have had + more than one powerful motive for making the inquiry. A + general idea is all that I shall attempt. + </p> + <p> + The advantages of such a system must depend upon the + interests to be affected by it and the extent to which they + may be affected, and those must depend on the capacity of our + country for improvement and the means at its command + applicable to that object. + </p> + <p> + I think that I may venture to affirm that there is no part of + our globe comprehending so many degrees of latitude on the + main ocean and so many degrees of longitude into the interior + that admits of such great improvement and at so little + expense. The Atlantic on the one side, and the Lakes, forming + almost inland seas, on the other, separated by high + mountains, which rise in the valley of the St. Lawrence and + determine in that of the Mississippi, traversing from north + to south almost the whole interior, with innumerable rivers + on every side of those mountains, some of vast extent, many + of which take their sources near to each other, give the + great outline. The details are to be seen on the valuable + maps of our country. + </p> + <p> + It appears by the light already before the public that it is + practicable and easy to connect by canals the whole coast + from its southern to its northern extremity in one continued + inland navigation, and to connect in like manner in many + parts the Western lakes and rivers with each other. It is + equally practicable and easy to facilitate the intercourse + between the Atlantic and the Western country by improving the + navigation of many of the rivers which have their sources + near to each other in the mountains on each side, and by good + roads across the mountains between the highest navigable + points of those rivers. In addition to the example of the + Cumberland road, already noticed, another of this kind is now + in train from the head waters of the river James to those of + the Kanawha; and in like manner may the Savannah be connected + with the Tennessee. In some instances it is understood that + the Eastern and Western waters may be connected together + directly by canals. One great work of this kind is now in its + progress and far advanced in the State of New York, and there + is good reason to believe that two others may be formed, one + at each extremity of the high mountains above mentioned, + connecting in the one instance the waters of the St. Lawrence + with Lake Champlain, and in the other some of the most + important of the Western rivers with those emptying into the + Gulf of Mexico, the advantage of which will be seen at the + first glance by an enlightened observer. + </p> + <p> + Great improvements may also be made by good roads in proper + directions through the interior of the country. As these + roads would be laid out on principle on a full view of the + country, its mountains, rivers, etc., it would be useless, if + I had the knowledge, to go into detail respecting them. Much + has been done by some of the States, but yet much remains to + be done with a view to the Union. + </p> + <p> + Under the colonial governments improvements of this kind were + not thought of. There was, it is believed, not one canal and + little communication from colony to colony. It was their + policy to encourage the intercourse between each colony and + the parent country only. The roads which were attended to + were those which led from the interior of each colony to its + principal towns on the navigable waters. By those routes the + produce of the country was carried to the coast, and shipped + thence to the mercantile houses in London, Liverpool, + Glasgow, or other towns to which the trade was carried on. It + is believed that there was but one connected route from North + to South at the commencement of the Revolution, and that a + very imperfect one. The existence and principle of our Union + point out the necessity of a very different policy. + </p> + <p> + The advantages which would be derived from such improvements + are incalculable. The facility which would thereby be + afforded to the transportation of the whole of the rich + productions of our country to market would alone more than + amply compensate for all the labor and expense attending + them. Great, however, as is that advantage, it is one only of + many and by no means the most important, Every power of the + General Government and of the State governments connected + with the strength and resources of the country would be made + more efficient for the purposes intended by them. In war they + would facilitate the transportation of men, ordnance, and + provisions, and munitions of war of every kind to every part + of our extensive coast and interior on which an attack might + be made or threatened. Those who have any knowledge of the + occurrences of the late war must know the good effect which + would result in the event of another war from the command of + an interior navigation alone along the coast for all the + purposes of war as well as of commerce between the different + parts of our Union. The impediments to all military + operations which proceeded from the want of such a navigation + and the reliance which was placed, notwithstanding those + impediments, on such a commerce can not be forgotten. In + every other line their good effect would be most sensibly + felt. Intelligence by means of the Post-Office Department + would be more easily, extensively, and rapidly diffused. + Parts the most remote from each other would be brought more + closely together. Distant lands would be made more valuable, + and the industry of our fellow-citizens on every portion of + our soil be better rewarded. + </p> + <p> + It is natural in so great a variety of climate that there + should be a corresponding difference in the produce of the + soil; that one part should raise what the other might want. + It is equally natural that the pursuits of industry should + vary in like manner; that labor should be cheaper and + manufactures succeed better in one part than in another; that + were the climate the most severe and the soil less + productive, navigation, the fisheries, and commerce should be + most relied on. Hence the motive for an exchange for mutual + accommodation and active intercourse between them. Each part + would thus find for the surplus of its labor, in whatever + article it consisted, an extensive market at home, which + would be the most profitable because free from duty. + </p> + <p> + There is another view in which these improvements are of + still more vital importance. The effect which they would have + on the bond of union itself affords an inducement for them + more powerful than any which have been urged or than all of + them united. The only danger to which our system is exposed + arises from its expansion over a vast territory. Our union is + not held together by standing armies or by any ties other + than the positive interests and powerful attractions of its + parts toward each other. Ambitious men may hereafter grow up + among us who may promise to themselves advancement from a + change, and by practicing upon the sectional interests, + feelings, and prejudices endeavor under various pretexts to + promote it. The history of the world is replete with examples + of this kind—of military commanders and demagogues + becoming usurpers and tyrants, and of their fellow-citizens + becoming their instruments and slaves. I have little fear of + this danger, knowing well how strong the bond which holds us + together is and who the people are who are thus held + together; but still, it is proper to look at and to provide + against it, and it is not within the compass of human wisdom + to make a more effectual provision than would be made by the + proposed improvements. With their aid and the intercourse + which would grow out of them the parts would soon become so + compacted and bound together that nothing could break it. + </p> + <p> + The expansion of our Union over a vast territory can not + operate unfavorably to the States individually. On the + contrary, it is believed that the greater the expansion + within practicable limits—and it is not easy to say + what are not so—the greater the advantage which the + States individually will derive from it. With governments + separate, vigorous, and efficient for all local purposes, + their distance from each other can have no injurious effect + upon their respective interests. It has already been shown + that in some important circumstances, especially with the aid + of these improvements, they must derive great advantage from + that cause alone—that is, from their distance from each + other. In every other way the expansion of our system must + operate favorably for every State in proportion as it + operates favorably for the Union. It is in that sense only + that it can become a question with the States, or, rather, + with the people who compose them. As States they can be + affected by it only by their relation to each other through + the General Government and by its effect on the operations of + that Government. Manifest it is that to any extent to which + the General Government can sustain and execute its functions + with complete effect will the States—that is, the + people who compose them—be benefited. It is only when + the expansion shall be carried beyond the faculties of the + General Government so as to enfeeble its operations to the + injury of the whole that any of the parts can be injured. The + tendency in that stage will be to dismemberment and not to + consolidation. This danger should, therefore, be looked at + with profound attention as one of a very serious character. I + will remark here that as the operations of the National + Government are of a general nature, the States having + complete power for internal and local purposes, the expansion + may be carried to very great extent and with perfect safety. + It must be obvious to all that the further the expansion is + carried, provided it be not beyond the just limit, the + greater will be the freedom of action to both Governments and + the more perfect their security, and in all other respects + the better the effect will be to the whole American people. + Extent of territory, whether it be great or small, gives to a + nation many of its characteristics. It marks the extent of + its resources, of its population, of its physical force. It + marks, in short, the difference between a great and a small + power. + </p> + <p> + To what extent it may be proper to expand our system of + government is a question which does not press for a decision + at this time. At the end of the Revolutionary war, in 1783, + we had, as we contended and believed, a right to the free + navigation of the Mississippi, but it was not until after the + expiration of twelve years, in 1795, that that right was + acknowledged and enjoyed. Further difficulties occurred in + the bustling of a contentious world when, at the expiration + of eight years more, the United States, sustaining the + strength and energy of their character, acquired the Province + of Louisiana, with the free navigation of the river from its + source to the ocean and a liberal boundary on the western + side. To this Florida has since been added, so that we now + possess all the territory in which the original States had + any interest, or in which the existing States can be said, + either in a national or local point of view, to be in any way + interested. A range of States on the western side of the + Mississippi, which already is provided for, puts us + essentially at ease. Whether it will be wise to go further + will turn on other considerations than those which have + dictated the course heretofore pursued. At whatever point we + may stop, whether it be at a single range of States beyond + the Mississippi or by taking a greater scope, the advantage + of such improvements is deemed of the highest importance. It + is so on the present scale. The further we go the greater + will be the necessity for them. + </p> + <p> + It can not be doubted that improvements for great national + purposes would be better made by the National Government than + by the governments of the several States. Our experience + prior to the adoption of the Constitution demonstrated that + in the exercise by the individual States of most of the + powers granted to the United States a contracted rivalry of + interest and misapplied jealousy of each other had an + important influence on all their measures to the great injury + of the whole. This was particularly exemplified by the + regulations which they severally made of their commerce with + foreign nations and with each other. It was this utter + incapacity in the State governments, proceeding from these + and other causes, to act as a nation and to perform all the + duties which the nation owed to itself under any system which + left the General Government dependent on the States, which + produced the transfer of these powers to the United States by + the establishment of the present Constitution. The reasoning + which was applicable to the grant of any of the powers now + vested in Congress is likewise so, at least to a certain + extent, to that in question. It is natural that the States + individually in making improvements should look to their + particular and local interests, The members composing their + respective legislatures represent the people of each State + only, and might not feel themselves at liberty to look to + objects in these respects beyond that limit. If the resources + of the Union were to be brought into operation under the + direction of the State assemblies, or in concert with them, + it may be apprehended that every measure would become the + object of negotiation, of bargain and barter, much to the + disadvantage of the system, as well as discredit to both + governments. But Congress would look to the whole and make + improvements to promote the welfare of the whole. It is the + peculiar felicity of the proposed amendment that while it + will enable the United States to accomplish every national + object, the improvements made with that view will eminently + promote the welfare of the individual States, who may also + add such others as their own particular interests may + require. + </p> + <p> + The situation of the Cumberland road requires the particular + and early attention of Congress. Being formed over very lofty + mountains and in many instances over deep and wide streams, + across which valuable bridges have been erected, which are + sustained by stone walls, as are many other parts of the + road, all these works are subject to decay, have decayed, and + will decay rapidly unless timely and effectual measures are + adopted to prevent it. + </p> + <p> + The declivities from the mountains and all the heights must + suffer from the frequent and heavy falls of water and its + descent to the valleys, as also from the deep congelations + during our severe winters. Other injuries have also been + experienced on this road, such as the displacing the capping + of the walls and other works, committed by worthless people + either from a desire to render the road impassable or to have + the transportation in another direction, or from a spirit of + wantonness to create employment for idlers. These + considerations show that an active and strict police ought to + be established over the whole road, with power to make + repairs when necessary, to establish turnpikes and tolls as + the means of raising money to make them, and to prosecute and + punish those who commit waste and other injuries. + </p> + <p> + Should the United States be willing to abandon this road to + the States through which it passes, would they take charge of + it, each of that portion within its limits, and keep it in + repair? It is not to be presumed that they would, since the + advantages attending it are exclusively national, by + connecting, as it does, the Atlantic with the Western States, + and in a line with the seat of the National Government. The + most expensive parts of this road lie within Pennsylvania and + Virginia, very near the confines of each State and in a route + not essentially connected with the commerce of either. + </p> + <p> + If it is thought proper to vest this power in the United + States, the only mode in which it can be done is by an + amendment of the Constitution. The States individually can + not transfer the power to the United States, nor can the + United States receive it. The Constitution forms an equal and + the sole relation between the General Government and the + several States, and it recognizes no change in it which shall + not in like manner apply to all. If it is once admitted that + the General Government may form compacts with individual + States not common to the others, and which the others might + even disapprove, into what pernicious consequences might it + not lead? Such compacts are utterly repugnant to the + principles of the Constitution and of the most dangerous + tendency. The States through which this road passes have + given their sanction only to the route and to the acquisition + of the soil by the United States, a right very different from + that of jurisdiction, which can not be granted without an + amendment to the Constitution, and which need not be granted + for the purposes of this system except in the limited manner + heretofore stated. On full consideration, therefore, of the + whole subject I am of opinion that such an amendment ought to + be recommended to the several States for their adoption. + </p> + <p> + I have now essentially executed that part of the task which I + imposed on myself of examining the right of Congress to adopt + and execute a system of internal improvement, and, I presume, + have shown that it does not exist. It is, I think, equally + manifest that such a power vested in Congress and wisely + executed would have the happiest effect on all the great + interests of our Union. It is, however, my opinion that the + power should be confined to great national works only, since + if it were unlimited it would be liable to abuse and might be + productive of evil. For all minor improvements the resources + of the States individually would be fully adequate, and by + the States such improvements might be made with greater + advantage than by the Union, as they would understand better + such as their more immediate and local interests required. + </p> + <p> + In the view above presented I have thought it proper to trace + the origin of our institutions, and particularly of the State + and National Governments, for although they have a common + origin in the people, yet, as the point at issue turned on + what were the powers granted to the one government and what + were those which remained to the other, I was persuaded that + an analysis which should mark distinctly the source of power + in both governments, with its progress in each, would afford + the best means for obtaining a sound result. In our political + career there are, obviously, three great epochs. The colonial + state forms the first; the Revolutionary movement from its + commencement to the adoption of the Articles of Confederation + the second, and the intervening space from that event to the + present day the third. The first may be considered the infant + state. It was the school of morality, of political science + and just principles. The equality of rights enjoyed by the + people of every colony under their original charters forms + the basis of every existing institution, and it was owing to + the creation by those charters of distinct communities that + the power, when wrested from the Crown, passed directly and + exclusively to the people of each colony. The Revolutionary + struggle gave activity to those principles, and its success + secured to them a permanent existence in the governments of + our Union, State and National. The third epoch comprises the + administration under the Articles of Confederation, with the + adoption of the Constitution and administration under it. On + the first and last of these epochs it is not necessary to + enlarge for any purpose connected with the object of this + inquiry. To the second, in which we were transferred by a + heroic exertion from the first to the third stage, and whose + events give the true character to every institution, some + further attention is due. In tracing in greater detail the + prominent acts of a movement to which we owe so much I shall + perform an office which, if not useful, will be gratifying to + my own feelings, and I hope not unacceptable to my readers. + </p> + <p> + Of the Revolutionary movement itself sentiments too + respectful, too exalted, can not be entertained. It is + impossible for any citizen having a just idea of the dangers + which we had to encounter to read the record of our early + proceedings and to see the firmness with which they were met + and the wisdom and patriotism which were displayed in every + stage without being deeply affected by it. An attack on + Massachusetts was considered an attack on every colony, and + the people of each moved in her defense as in their own + cause. The meeting of the General Congress in Philadelphia on + the 6th of September, 1774, appears to have been the result + of a spontaneous impulse in every quarter at the same time. + The first public act proposing it, according to the Journals + of the First Congress, was passed by the house of + representatives of Connecticut on the 3d of June of that + year; but it is presumed that the first suggestion came from + Massachusetts, the colony most oppressed, and in whose favor + the general sympathy was much excited. The exposition which + that Congress made of grievances, in the petition to the + King, in the address to the people of Great Britain, and in + that to the people of the several colonies, evinced a + knowledge so profound of the English constitution and of the + general principles of free government and of liberty, of our + rights founded on that constitution and on the charters of + the several colonies, and of the numerous and egregious + violations which had been committed of them, as must have + convinced all impartial minds that the talent on this side of + the Atlantic was at least equal to that on the other. The + spirit in which those papers were drawn, which was known to + be in strict accord with the public sentiment, proved that, + although the whole people cherished a connection with the + parent country and were desirous of preserving it on just + principles, they nevertheless stood embodied at the parting + line, ready to separate forever if a redress of grievances, + the alternative offered, was not promptly rendered. That + alternative was rejected, and in consequence war and + dismemberment followed. + </p> + <p> + The powers granted to the delegates of each colony who + composed the First Congress looked primarily to the support + of rights and to a redress of grievances, and, in + consequence, to the restoration of harmony, which was + ardently desired. They justified, however, any extremity in + case of necessity. They were ample for such purposes, and + were executed in every circumstance with the utmost fidelity. + It was not until after the meeting of the Second Congress, + which took place on the 10th May, 1775, when full proof was + laid before it of the commencement of hostilities in the + preceding month by a deliberate attack of the British troops + on the militia and inhabitants of Lexington and Concord, in + Massachusetts, that war might be said to be decided on, and + measures were taken to support it. The progress even then was + slow and reluctant, as will be seen by their second petition + to the King and their second address to the people of Great + Britain, which were prepared and forwarded after that event. + The arrival, however, of large bodies of troops and the + pressure of war in every direction soon dispelled all hope of + accommodation. + </p> + <p> + On the 15th of June, 1775, a commander in chief of the forces + raised and to be raised for the defense of American liberty + was appointed by the unanimous vote of Congress, and his + conduct in the discharge of the duties of that high trust, + which he held through the whole of the war, has given an + example to the world for talents as a military commander; for + integrity, fortitude, and firmness under the severest trials; + for respect to the civil authority and devotion to the rights + and liberties of his country, of which neither Rome nor + Greece have exhibited the equal. I saw him in my earliest + youth, in the retreat through Jersey, at the head of a small + band, or rather in its rear, for he was always next the + enemy, and his countenance and manner made an impression on + me which time can never efface. A lieutenant then in the + Third Virginia Regiment, I happened to be on the rear guard + at Newark, and I counted the force under his immediate + command by platoons as it passed me, which amounted to less + than 3,000 men. A deportment so firm, so dignified, so + exalted, but yet so modest and composed, I have never seen in + any other person. + </p> + <p> + On the 6th July, 1775, Congress published a declaration of + the causes which compelled them to take up arms, and + immediately afterwards took measures for augmenting the Army + and raising a navy; for organizing the militia and providing + cannon and small arms and military stores of every kind; for + raising a revenue and pushing the war offensively with all + the means in their power. Nothing escaped the attention of + that enlightened body. The people of Canada were invited to + join the Union, and a force sent into the province to favor + the Revolutionary party, which, however, was not capable of + affording any essential aid. The people of Ireland were + addressed in terms manifesting due respect for the + sufferings, the talents, and patriotism of that portion of + the British Empire, and a suitable acknowledgment was made to + the assembly of Jamaica for the approbation it had expressed + of our cause and the part it had taken in support of it with + the British Government. + </p> + <p> + On the 2d of June, 1775, the convention of Massachusetts, by + a letter signed by their president, of May the 10th, stated + to Congress that they labored under difficulties for the want + of a regular form of government, and requested to be favored + with explicit advice respecting the taking up and exercising + the powers of civil government, and declaring their readiness + to submit to such a general plan as the Congress might direct + for the colonies, or that they would make it their great + study to establish such a form of government there as should + not only promote their own advantage, but the union and + interest of all America. To this application an answer was + given on the 9th, by which it was recommended to the + convention "to write letters to the inhabitants of the + several places entitled to representation in assembly, + requesting them to choose such representatives, and that the + assembly, when chosen, should elect councilors, and that said + assembly or council should exercise the powers of government + until a governor of His Majesty's appointment will consent to + govern the colony according to its charter." + </p> + <p> + On the 18th October of the same year the delegates from New + Hampshire laid before Congress an instruction from their + convention "to use their utmost endeavors to obtain the + advice and direction of Congress with respect to a method for + administering justice and regulating their civil police." To + this a reply was given on the 3d November, by which it was + recommended to the convention "to call a full and free + representation of the people, and that the representatives, + if they thought it necessary, should establish such a form of + government as in their judgment would best promote the + happiness of the people and most effectually secure peace and + good order in the Province during the continuance of the + present dispute between Great Britain and the colonies." + </p> + <p> + On the 4th November it was resolved by Congress "that if the + convention of South Carolina shall find it necessary to + establish a form of government in that colony it be + recommended to that convention to call a full and free + representation of the people; and the said representatives, + if they think it necessary, shall establish such a form of + government as in their judgment will best promote the + happiness of the people and most effectually secure peace and + good order in the colony during the continuance of the + present dispute between Great Britain and the colonies." + </p> + <p> + On the 4th December following a resolution passed + recommending the same measure, and precisely in the same + words, to the convention of Virginia. + </p> + <p> + On the 10th May, 1776, it was recommended to the respective + assemblies and conventions of the united colonies, where no + government sufficient to the exigencies of their affairs had + been established, "to adopt such government as should, in the + opinion of the representatives of the people, best conduce to + the happiness and safety of their constituents in particular + and America in general." + </p> + <p> + On the 7th June resolutions respecting independence were + moved and seconded, which were referred to a committee of the + whole on the 8th and 10th, on which latter day it was + resolved to postpone a decision on the first resolution or + main question until the 1st July, but that no time might be + lost in case the Congress agree thereto that a committee be + appointed to prepare a declaration to the effect of that + resolution. On the 11th June, 1776, Congress appointed a + committee to prepare and digest a plan of confederation for + the colonies. On the 12th July the committee reported a draft + of articles, which were severally afterwards debated and + amended until the 15th November, 1777, when they were + adopted. These articles were then proposed to the + legislatures of the several States, with a request that if + approved by them they would authorize their delegates to + ratify the same in Congress, and, which being done, to become + conclusive. It was not until the 21st of March, 1781, as + already observed, that they were ratified by the last State + and carried into effect. + </p> + <p> + On the 4th July, 1776, independence was declared by an act + which arrested the attention of the civilized world and will + bear the test of time. For force and condensation of matter, + strength of reason, sublimity of sentiment and expression, it + is believed that no document of equal merit exists. It looked + to everything, and with a reach, perspicuity, and energy of + mind which seemed to be master of everything. + </p> + <p> + Thus it appears, in addition to the very important charge of + managing the war, that Congress had under consideration at + the same time the Declaration of Independence, the adoption + of a confederation for the States, and the propriety of + instituting State governments, with the nature of those + governments, respecting which it had been consulted by the + conventions of several of the colonies. So great a trust was + never reposed before in a body thus constituted, and I am + authorized to add, looking to the great result, that never + were duties more ably or faithfully performed. + </p> + <p> + The distinguishing characteristic of this movement is that + although the connection which had existed between the people + of the several colonies before their dismemberment from the + parent country was not only not dissolved but increased by + that event, even before the adoption of the Articles of + Confederation, yet the preservation and augmentation of that + tie were the result of a new creation, and proceeded + altogether from the people of each colony, into whose hands + the whole power passed exclusively when wrested from the + Crown. To the same cause the greater change which has since + occurred by the adoption of the Constitution is to be traced. + </p> + <p> + The establishment of our institutions forms the most + important epoch that history hath recorded. They extend + unexampled felicity to the whole body of our fellow-citizens, + and are the admiration of other nations. To preserve and hand + them down in their utmost purity to the remotest ages will + require the existence and practice of virtues and talents + equal to those which were displayed in acquiring them. It is + ardently hoped and confidently believed that these will not + be wanting. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <h3> + BY THE PRESIDENT OF THE UNITED STATES. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by the second section of an act of Congress of the + 6th of May last, entitled "An act in addition to the act + concerning navigation, and also to authorize the appointment + of deputy collectors," it is provided that in the event of + the signature of any treaty or convention concerning the + navigation or commerce between the United States and France + the President of the United States, if he should deem the + same expedient, may suspend by proclamation until the end of + the next session of Congress the operation of the act + entitled "An act to impose a new tonnage duty on French ships + and vessels, and for other purposes," and also to suspend, as + aforesaid, all other duties on French vessels or the goods + imported in the same which may exceed the duties on American + vessels and on similar goods imported in the same; and + </p> + <p> + Whereas a convention of navigation and commerce between the + United States of America and His Majesty the King of France + and Navarre has this day been duly signed by John Quincy + Adams, Secretary of State, on the part of the United States, + and by the Baron Hyde de Neuville, envoy extraordinary and + minister plenipotentiary from France, on the part of His Most + Christian Majesty, which convention is in the words + following: + </p> + <center> + [Here follows the treaty.] + </center> + <p> + Now, therefore, be it known that I, James Monroe, President + of the United States, in pursuance of the authority + aforesaid, do hereby suspend from and after the 1st day of + October next until the end of the next session of Congress, + the operation of the act aforesaid, entitled "An act to + impose a new tonnage duty on French ships and vessels, and + for other purposes," and also all other duties on French + vessels and the goods being the growth, produce, and + manufacture of France imported in the same which may exceed + the duties on American vessels and on similar goods imported + in the same, saving only the discriminating duties payable on + French vessels and on articles the growth, produce, and + manufacture of France imported in the same stipulated by the + said convention to be paid. + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be affixed to these presents, and signed the same + with my hand. + </p> + <p> + [SEAL.] + </p> + <p> + Done at Washington, the 24th day of June, A.D. 1822, and of + the Independence of the-United States the forty-sixth. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + <br> + By the President:<br> + JOHN QUINCY ADAMS,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by an act of the Congress of the United States passed + on the 6th day of May last it was provided that on + satisfactory evidence being given to the President of the + United States that the ports in the islands or colonies in + the West Indies under the dominion of Great Britain have been + opened to the vessels of the United States the President + should be, and thereby was, authorized to issue his + proclamation declaring that the ports of the United States + should thereafter be open to the vessels of Great Britain + employed in the trade and intercourse between the United + States and such islands or colonies, subject to such + reciprocal rules and restrictions as the President of the + United States might by such proclamation make and publish, + anything in the laws entitled "An act concerning navigation" + or an act entitled "An act supplementary to an act concerning + navigation" to the contrary notwithstanding; and + </p> + <p> + Whereas satisfactory evidence has been given to the President + of the United States that the ports hereinafter named in the + islands or colonies in the West Indies under the dominion of + Great Britain have been opened to the vessels of the United + States; that is to say, the ports of Kingston, Savannah le + Mar, Montego Bay, Santa Lucia, Antonio, St. Ann, Falmouth, + Maria, Morant Bay, in Jamaica; St. George, Grenada; Roseau, + Dominica; St. Johns, Antigua; San Josef, Trinidad; + Scarborough, Tobago; Road Harbour, Tortola; Nassau, New + Providence; Pittstown, Crooked Island; Kingston, St. Vincent; + Port St. George and Port Hamilton, Bermuda; any port where + there is a custom-house, Bahamas; Bridgetown, Barbadoes; St. + Johns, St. Andrews, New Brunswick; Halifax, Nova Scotia; + Quebec, Canada; St. Johns, Newfoundland; Georgetown, + Demerara; New Amsterdam, Berbice; Castries, St. Lucia; + Besseterre, St. Kitts; Charlestown, Nevis; and Plymouth, + Montserrat: + </p> + <p> + Now, therefore, I, James Monroe, President of the United + States of America, do hereby declare and proclaim that the + ports of the United States shall hereafter, and until the end + of the next session of the Congress of the United States, be + open to the vessels of Great Britain employed in the trade + and intercourse between the United States and the islands and + colonies hereinbefore named, anything in the laws entitled + "An act concerning navigation" or an act entitled "An act + supplementary to an act concerning navigation" to the + contrary notwithstanding, under the following reciprocal + rules and restrictions, namely: + </p> + <p> + To vessels of Great Britain, bona fide British built, owned + and the master and three-fourths of the mariners of which at + least shall belong to Great Britain, or any United States + built ship or vessel which has been sold to and become the + property of British subjects, such ship or vessel being also + navigated with a master and three-fourths of the mariners at + least belonging to Great Britain: <i>And provided always</i>, + That no articles shall be imported into the United States in + any such British ship or vessel other than articles of the + growth, produce, or manufacture of the British islands and + colonies in the West Indies when imported in British vessels + coming from any such island or colony, and articles of the + growth, produce, or manufacture of the British colonies in + North America or of the island of Newfoundland in vessels + coming from the port of St. Johns, in that island, or from + any of the aforesaid ports of the British colonies in North + America. + </p> + <p> + Given under my hand, at the city of Washington, this 24th day + of August, A.D. 1822, and in the forty-seventh year of the + Independence of the United States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + <br> + By the President:<br> + JOHN QUINCY ADAMS,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SIXTH ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 3, 1822</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and House of + Representatives</i>: + </p> + <p> + Many causes unite to make your present meeting peculiarly + interesting to our constituents. The operation of our laws on + the various subjects to which they apply, with the amendments + which they occasionally require, imposes annually an + important duty on the representatives of a free people. Our + system has happily advanced to such maturity that I am not + aware that your cares in that respect will be augmented. + Other causes exist which are highly interesting to the whole + civilized world, and to no portion of it more so, in certain + views, than to the United States. Of these causes and of + their bearing on the interests of our Union I shall + communicate the sentiments which I have formed with that + freedom which a sense of duty dictates. It is proper, + however, to invite your attention in the first instance to + those concerns respecting which legislative provision is + thought to be particularly urgent. + </p> + <p> + On the 24th of June last a convention of navigation and + commerce was concluded in this city between the United States + and France by ministers duly authorized for the purpose. The + sanction of the Executive having been given to this + convention under a conviction that, taking all its + stipulations into view, it rested essentially on a basis of + reciprocal and equal advantage, I deemed it my duty, in + compliance with the authority vested in the Executive by the + second section of the act of the last session of the 6th of + May, concerning navigation, to suspend by proclamation until + the end of the next session of Congress the operation of the + act entitled "An act to impose a new tonnage duty on French + ships and vessels, and for other purposes," and to suspend + likewise all other duties on French vessels or the goods + imported in them which exceeded the duties on American + vessels and on similar goods imported in them. I shall submit + this convention forthwith to the Senate for its advice and + consent as to the ratification. + </p> + <p> + Since your last session the prohibition which had been + imposed on the commerce between the United States and the + British colonies in the West Indies and on this continent has + likewise been removed. Satisfactory evidence having been + adduced that the ports of those colonies had been opened to + the vessels of the United States by an act of the British + Parliament bearing date on the 24th of June last, on the + conditions specified therein, I deemed it proper, in + compliance with the provision of the first section of the act + of the last session above recited, to declare, by + proclamation bearing date on the 24th of August last, that + the ports of the United States should thenceforward and until + the end of the next session of Congress be opened to the + vessels of Great Britain employed in that trade, under the + limitation specified in that proclamation. + </p> + <p> + A doubt was entertained whether the act of Congress applied + to the British colonies on this continent as well as to those + in the West Indies, but as the act of Parliament opened the + intercourse equally with both, and it was the manifest + intention of Congress, as well as the obvious policy of the + United States, that the provisions of the act of Parliament + should be met in equal extent on the part of the United + States, and as also the act of Congress was supposed to vest + in the President some discretion in the execution of it, I + thought it advisable to give it a corresponding construction. + </p> + <p> + Should the constitutional sanction of the Senate be given to + the ratification of the convention with France, legislative + provisions will be necessary to carry it fully into effect, + as it likewise will be to continue in force, on such + conditions as may be deemed just and proper, the intercourse + which has been opened between the United States and the + British colonies. Every light in the possession of the + Executive will in due time be communicated on both subjects. + </p> + <p> + Resting essentially on a basis of reciprocal and equal + advantage, it has been the object of the Executive in + transactions with other powers to meet the propositions of + each with a liberal spirit, believing that thereby the + interest of our country would be most effectually promoted. + This course has been systematically pursued in the late + occurrences with France and Great Britain, and in strict + accord with the views of the Legislature. A confident hope is + entertained that by the arrangement thus commenced with each + all differences respecting navigation and commerce with the + dominions in question will be adjusted, and a solid + foundation be laid for an active and permanent intercourse + which will prove equally advantageous to both parties. + </p> + <p> + The decision of His Imperial Majesty the Emperor of Russia on + the question submitted to him by the United States and Great + Britain, concerning the construction of the first article of + the treaty of Ghent, has been received. A convention has + since been concluded between the parties, under the mediation + of His Imperial Majesty, to prescribe the mode by which that + article shall be carried into effect in conformity with that + decision. I shall submit this convention to the Senate for + its advice and consent as to the ratification, and, if + obtained, shall immediately bring the subject before Congress + for such provisions as may require the interposition of the + Legislature. + </p> + <p> + In compliance with an act of the last session a Territorial + government has been established in Florida on the principles + of our system. By this act the inhabitants are secured in the + full enjoyment of their rights and liberties, and to + admission into the Union, with equal participation in the + Government with the original States on the conditions + heretofore prescribed to other Territories. By a clause in + the ninth article of the treaty with Spain, by which that + Territory was ceded to the United States, it is stipulated + that satisfaction shall be made for the injuries, if any, + which by process of law shall be established to have been + suffered by the Spanish officers and individual Spanish + inhabitants by the late operations of our troops in Florida. + No provision having yet been made to carry that stipulation + into effect, it is submitted to the consideration of Congress + whether it will not be proper to vest the competent power in + the district court at Pensacola, or in some tribunal to be + specially organized for the purpose. + </p> + <p> + The fiscal operations of the year have been more successful + than had been anticipated at the commencement of the last + session of Congress. + </p> + <p> + The receipts into the Treasury during the three first + quarters of the year have exceeded the sum of $14,745,000. + The payments made at the Treasury during the same period have + exceeded $12,279,000, leaving in the Treasury on the 30th day + of September last, including $1,168,592.24 which were in the + Treasury on the 1st day of January last, a sum exceeding + $4,128,000. + </p> + <p> + Besides discharging all demands for the current service of + the year, including the interest and reimbursement of the + public debt, the 6 per cent stock of 1796, amounting to + $80,000, has been redeemed. It is estimated that, after + defraying the current expenses of the present quarter and + redeeming the two millions of 6 per cent stock of 1820, there + will remain in the Treasury on the 1st of January next nearly + $3,000,000. It is estimated that the gross amount of duties + which have been secured from the 1st of January to the 30th + of September last has exceeded $19,500,000, and the amount + for the whole year will probably not fall short of + $23,000,000. + </p> + <p> + Of the actual force in service under the present military + establishment, the posts at which it is stationed, and the + condition of each post, a report from the Secretary of War + which is now communicated will give a distinct idea. By like + reports the state of the Academy at West Point will be seen, + as will be the progress which has been made on the + fortifications along the coast and at the national armories + and arsenals. + </p> + <p> + The position on the Red River and that at the Sault of St. + Marie are the only new posts that have been taken. These + posts, with those already occupied in the interior, are + thought to be well adapted to the protection of our + frontiers. All the force not placed in the garrisons along + the coast and in the ordnance depots, and indispensably + necessary there, is placed on the frontiers. + </p> + <p> + The organization of the several corps composing the Army is + such as to admit its expansion to a great extent in case of + emergency, the officers carrying with them all the light + which they possess to the new corps to which they might be + appointed. + </p> + <p> + With the organization of the staff there is equal cause to be + satisfied. By the concentration of every branch with its + chief in this city, in the presence of the Department, and + with a grade in the chief military station to keep alive and + cherish a military spirit, the greatest promptitude in the + execution of orders, with the greatest economy and + efficiency, are secured. The same view is taken of the + Military Academy. Good order is preserved in it, and the + youth are well instructed in every science connected with the + great objects of the institution. They are also well trained + and disciplined in the practical parts of the profession. It + has been always found difficult to control the ardor + inseparable from that early age in such manner as to give it + a proper direction. The rights of manhood are too often + claimed prematurely, in pressing which too far the respect + which is due to age and the obedience necessary to a course + of study and instruction in every such institution are + sometimes lost sight of. The great object to be accomplished + is the restraint of that ardor by such wise regulations and + government as, by directing all the energies of the youthful + mind to the attainment of useful knowledge, will keep it + within a just subordination and at the same time elevate it + to the highest purposes. This object seems to be essentially + obtained in this institution, and with great advantage to the + Union. + </p> + <p> + The Military Academy forms the basis, in regard to science, + on which the military establishment rests. It furnishes + annually, after due examination and on the report of the + academic staff, many well-informed youths to fill the + vacancies which occur in the several corps of the Army, while + others who retire to private life carry with them such + attainments as, under the right reserved to the several + States to appoint the officers and to train the militia, will + enable them, by affording a wider field for selection, to + promote the great object of the power vested in Congress of + providing for the organizing, arming, and disciplining the + militia. Thus by the mutual and harmonious cooperation of the + two governments in the execution of a power divided between + them, an object always to be cherished, the attainment of a + great result, on which our liberties may depend, can not fail + to be secured. I have to add that in proportion as our + regular force is small should the instruction and discipline + of the militia, the great resource on which we rely, be + pushed to the utmost extent that circumstances will admit. + </p> + <p> + A report from the Secretary of the Navy will communicate the + progress which has been made in the construction of vessels + of war, with other interesting details respecting the actual + state of the affairs of that Department. It has been found + necessary for the protection of our commerce to maintain the + usual squadrons on the Mediterranean, the Pacific, and along + the Atlantic coast, extending the cruises of the latter into + the West Indies, where piracy, organized into a system, has + preyed on the commerce of every country trading thither. A + cruise has also been maintained on the coast of Africa, when + the season would permit, for the suppression of the slave + trade, and orders have been given to the commanders of all + our public ships to seize our own vessels, should they find + any engaged in that trade, and to bring them in for + adjudication. + </p> + <p> + In the West Indies piracy is of recent date, which may + explain the cause why other powers have not combined against + it. By the documents communicated it will be seen that the + efforts of the United States to suppress it have had a very + salutary effect. The benevolent provision of the act under + which the protection has been extended alike to the commerce + of other nations can not fail to be duly appreciated by them. + </p> + <p> + In compliance with the act of the last session entitled "An + act to abolish the United States trading establishments," + agents were immediately appointed and instructed, under the + direction of the Secretary of the Treasury, to close the + business of the trading houses among the Indian tribes and to + settle the accounts of the factors and subfactors engaged in + that trade, and to execute in all other respects the + injunctions of that act in the mode prescribed therein. A + final report of their proceedings shall be communicated to + Congress as soon as it is received. + </p> + <p> + It is with great regret I have to state that a serious malady + has deprived us of many valuable citizens at Pensacola and + checked the progress of some of those arrangements which are + important to the Territory. This effect has been sensibly + felt in respect to the Indians who inhabit that Territory, + consisting of the remnants of several tribes who occupy the + middle ground between St. Augustine and Pensacola, with + extensive claims but undefined boundaries. Although peace is + preserved with those Indians, yet their position and claims + tend essentially to interrupt the intercourse between the + eastern and western parts of the Territory, on which our + inhabitants are principally settled. It is essential to the + growth and prosperity of the Territory, as well as to the + interests of the Union, that these Indians should be removed, + by special compact with them, to some other position or + concentrated within narrower limits where they are. With the + limited means in the power of the Executive, instructions + were given to the governor to accomplish this object so far + as it might be practicable, which was prevented by the + distressing malady referred to. To carry it fully into effect + in either mode additional funds will be necessary, to the + provision of which the powers of Congress alone are + competent. With a view to such provision as may be deemed + proper, the subject is submitted to your consideration, and + in the interim further proceedings are suspended. + </p> + <p> + It appearing that so much of the act entitled "An act + regulating the staff of the Army," which passed on the 14th + April, 1818, as relates to the commissariat will expire in + April next, and the practical operation of that department + having evinced its great utility, the propriety of its + renewal is submitted to your consideration. + </p> + <p> + The view which has been taken of the probable productiveness + of the lead mines, connected with the importance of the + material to the public defense, makes it expedient that they + should be managed with peculiar care. It is therefore + suggested whether it will not comport with the public + interest to provide by law for the appointment of an agent + skilled in mineralogy to superintend them, under the + direction of the proper department. + </p> + <p> + It is understood that the Cumberland road, which was + constructed at a great expense, has already suffered from the + want of that regular superintendence and of those repairs + which are indispensable to the preservation of such a work. + This road is of incalculable advantage in facilitating the + intercourse between the Western and the Atlantic States. + Through it the whole country from the northern extremity of + Lake Erie to the Mississippi, and from all the waters which + empty into each, finds an easy and direct communication to + the seat of Government, and thence to the Atlantic. The + facility which it affords to all military and commercial + operations, and also to those of the Post-Office Department, + can not be estimated too highly. This great work is likewise + an ornament and an honor to the nation. Believing that a + competent power to adopt and execute a system of internal + improvement has not been granted to Congress, but that such a + power, confined to great national purposes and with proper + limitations, would be productive of eminent advantage to our + Union, I have thought it advisable that an amendment of the + Constitution to that effect should be recommended to the + several States. A bill which assumed the right to adopt and + execute such a system having been presented for my signature + at the last session, I was compelled, from the view which I + had taken of the powers of the General Government, to + negative it, on which occasion I thought it proper to + communicate the sentiments which I had formed, on mature + consideration, on the whole subject. To that communication, + in all the views in which the great interest to which it + relates may be supposed to merit your attention, I have now + to refer. Should Congress, however, deem it improper to + recommend such an amendment, they have, according to my + judgment, the right to keep the road in repair by providing + for the superintendence of it and appropriating the money + necessary for repairs. Surely if they had the right to + appropriate money to make the road they have a right to + appropriate it to preserve the road from ruin. From the + exercise of this power no danger is to be apprehended. Under + our happy system the people are the sole and exclusive + fountain of power. Each government originates from them, and + to them alone, each to its proper constituents, are they + respectively and solely responsible for the faithful + discharge of their duties within their constitutional limits; + and that the people will confine their public agents of every + station to the strict line of their constitutional duties + there is no cause to doubt. Having, however, communicated my + sentiments to Congress at the last session fully in the + document to which I have referred, respecting the right of + appropriation as distinct from the right of jurisdiction and + sovereignty over the territory in question, I deem it + improper to enlarge on the subject here. + </p> + <p> + From the best information that I have been able to obtain it + appears that our manufactures, though depressed immediately + after the peace, have considerably increased, and are still + increasing, under the encouragement given them by the tariff + of 1816 and by subsequent laws. Satisfied I am, whatever may + be the abstract doctrine in favor of unrestricted commerce, + provided all nations would, concur in it and it was not + liable to be interrupted by war, which has never occurred and + can not be expected, that there are other strong reasons + applicable to our situation and relations with other + countries which impose on us the obligation to cherish and + sustain our manufactures. Satisfied, however, I likewise am + that the interest of every part of our Union, even of those + most benefited by manufactures, requires that this subject + should be touched with the greatest caution, and a critical + knowledge of the effect to be produced by the slightest + change. On full consideration of the subject in all its + relations I am persuaded that a further augmentation may now + be made of the duties on certain foreign articles in favor of + our own and without affecting injuriously any other interest. + For more precise details I refer you to the communications + which were made to Congress during the last session. + </p> + <p> + So great was the amount of accounts for moneys advanced + during the late war, in addition to others of a previous date + which in the regular operations of the Government necessarily + remained unsettled, that it required a considerable length of + time for their adjustment. By a report from the First + Comptroller of the Treasury it appears that on the 4th of + March, 1817, the accounts then unsettled amounted to + $103,068,876.41, of which, on the 30th of September of the + present year, $93,175,396.56 had been settled, leaving on + that day a balance unsettled of $9,893,479.85. That there + have been drawn from the Treasury, in paying the public debt + and sustaining the Government in all its operations and + disbursements, since the 4th of March, 1817, $157,199,380.96, + the accounts for which have been settled to the amount of + $137,501,451.12, leaving a balance unsettled of + $19,697,929.84. For precise details respecting each of these + balances I refer to the report of the Comptroller and the + documents which accompany it. + </p> + <p> + From this view it appears that our commercial differences + with France and Great Britain have been placed in a train of + amicable arrangement on conditions fair and honorable in both + instances to each party; that our finances are in a very + productive state, our revenue being at present fully + competent to all the demands upon it; that our military force + is well organized in all its branches and capable of + rendering the most important service in case of emergency + that its number will admit of; that due progress has been + made, under existing appropriations, in the construction of + fortifications and in the operations of the Ordnance + Department; that due progress has in like manner been made in + the construction of ships of war; that our Navy is in the + best condition, felt and respected in every sea in which it + is employed for the protection of our commerce; that our + manufactures have augmented in amount and improved in + quality; that great progress has been made in the settlement + of accounts and in the recovery of the balances due by + individuals, and that the utmost economy is secured and + observed in every Department of the Administration. + </p> + <p> + Other objects will likewise claim your attention, because + from the station which the United States hold as a member of + the great community of nations they have rights to maintain, + duties to perform, and dangers to encounter. + </p> + <p> + A strong hope was entertained that peace would ere this have + been concluded between Spain and the independent governments + south of the United States in this hemisphere. Long + experience having evinced the competency of those governments + to maintain the independence which they had declared, it was + presumed that the considerations which induced their + recognition by the United States would have had equal weight + with other powers, and that Spain herself, yielding to those + magnanimous feelings of which her history furnishes so many + examples, would have terminated on that basis a controversy + so unavailing and at the same time so destructive. We still + cherish the hope that this result will not long be postponed. + </p> + <p> + Sustaining our neutral position and allowing to each party + while the war continues equal rights, it is incumbent on the + United States to claim of each with equal rigor the faithful + observance of our rights according to the well-known law of + nations. From each, therefore, a like cooperation is expected + in the suppression of the piratical practice which has grown + out of this war and of blockades of extensive coasts on both + seas, which, considering the small force employed to sustain + them, have not the slightest foundation to rest on. + </p> + <p> + Europe is still unsettled, and although the war long menaced + between Russia and Turkey has not broken out, there is no + certainty that the differences between those powers will be + amicably adjusted. It is impossible to look to the + oppressions of the country respecting which those differences + arose without being deeply affected. The mention of Greece + fills the mind with the most exalted sentiments and arouses + in our bosoms the best feelings of which our nature is + susceptible. Superior skill and refinement in the arts, + heroic gallantry in action, disinterested patriotism, + enthusiastic zeal and devotion in favor of public and + personal liberty are associated with our recollections of + ancient Greece. That such a country should have been + overwhelmed and so long hidden, as it were, from the world + under a gloomy despotism has been a cause of unceasing and + deep regret to generous minds for ages past. It was natural, + therefore, that the reappearance of those people in their + original character, contending in favor of their liberties, + should produce that great excitement and sympathy in their + favor which have been so signally displayed throughout the + United States. A strong hope is entertained that these people + will recover their independence and resume their equal + station among the nations of the earth. + </p> + <p> + A great effort has been made in Spain and Portugal to improve + the condition of the people, and it must be very consoling to + all benevolent minds to see the extraordinary moderation with + which it has been conducted. That it may promote the + happiness of both nations is the ardent wish of this whole + people, to the expression of which we confine ourselves; for + whatever may be the feelings or sentiments which every + individual under our Government has a right to indulge and + express, it is nevertheless a sacred maxim, equally with the + Government and people, that the destiny of every independent + nation in what relates to such improvements of right belongs + and ought to be left exclusively to themselves. + </p> + <p> + Whether we reason from the late wars or from those menacing + symptoms which now appear in Europe, it is manifest that if a + convulsion should take place in any of those countries it + will proceed from causes which have no existence and are + utterly unknown in these States, in which there is but one + order, that of the people, to whom the sovereignty + exclusively belongs. Should war break out in any of those + countries, who can foretell the extent to which it may be + carried or the desolation which it may spread? Exempt as we + are from these causes, our internal tranquillity is secure; + and distant as we are from the troubled scene, and faithful + to first principles in regard to other powers, we might + reasonably presume that we should not be molested by them. + This, however, ought not to be calculated on as certain. + Unprovoked injuries are often inflicted, and even the + peculiar felicity of our situation might with some be a cause + for excitement and aggression. The history of the late wars + in Europe furnishes a complete demonstration that no system + of conduct, however correct in principle, can protect neutral + powers from injury from any party; that a defenseless + position and distinguished love of peace are the surest + invitations to war, and that there is no way to avoid it + other than by being always prepared and willing for just + cause to meet it. If there be a people on earth whose more + especial duty it is to be at all times prepared to defend the + rights with which they are blessed, and to surpass all others + in sustaining the necessary burdens, and in submitting to + sacrifices to make such preparations, it is undoubtedly the + people of these States. + </p> + <p> + When we see that a civil war of the most frightful character + rages from the Adriatic to the Black Sea; that strong + symptoms of war appear in other parts, proceeding from causes + which, should it break out, may become general and be of long + duration; that the war still continues between Spain and the + independent governments, her late Provinces, in this + hemisphere; that it is likewise menaced between Portugal and + Brazil, in consequence of the attempt of the latter to + dismember itself from the former, and that a system of piracy + of great extent is maintained in the neighboring seas, which + will require equal vigilance and decision to suppress it, the + reasons for sustaining the attitude which we now hold and for + pushing forward all our measures of defense with the utmost + vigor appear to me to acquire new force. + </p> + <p> + The United States owe to the world a great example, and, by + means thereof, to the cause of liberty and humanity a + generous support. They have so far succeeded to the + satisfaction of the virtuous and enlightened of every + country. There is no reason to doubt that their whole + movement will be regulated by a sacred regard to principle, + all our institutions being founded on that basis. The ability + to support our own cause under any trial to which it may be + exposed is the great point on which the public solicitude + rests. It has been often charged against free governments + that they have neither the foresight nor the virtue to + provide at the proper season for great emergencies; that + their course is improvident and expensive; that war will + always find them unprepared, and, whatever may be its + calamities, that its terrible warnings will be disregarded + and forgotten as soon as peace returns. I have full + confidence that this charge so far as relates to the United + States will be shewn to be utterly destitute of truth. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + DECEMBER 4, 1822. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + The convention between the United States and France, + concluded at Washington on the 24th day of June last, is now + transmitted to the Senate for their advice and consent with + regard to its ratification, together with the documents + relating to the negotiation, which may serve to elucidate the + deliberations of the Senate concerning its objects and the + purposes to which it was adapted. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 4, 1822. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith to the Senate, for their constitutional + consideration and decision thereon, a convention between the + United States and Great Britain, concluded at St. Petersburg + on the 12th day of July last, under the mediation of His + Imperial Majesty of all the Russias, together with the + documents appertaining thereto, and which may elucidate the + motives for its negotiation and the objects for the + accomplishment of which it is intended. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 6, 1822</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 7th of May last, requiring that a plan + for the peace establishment of the Navy of the United States + and also of the Marine Corps should be communicated to that + House at the present session, I transmit a report of the + Secretary of the Navy, containing a plan which has been + prepared for the proposed establishment. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 7, 1822</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate of the 8th of + May last, requesting "information relative to the copper + mines on the southern shore of Lake Superior, their number, + value, and position, the names of the Indian tribes who claim + them, the practicability of extinguishing their titles, and + the probable advantages which may result to the Republic from + the acquisition and working these mines," I herewith transmit + a report from the Secretary of War, which comprises the + information desired in the resolution referred to. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 9, 1822</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Recent information of the multiplied outrages and + depredations which have been committed on our seamen and + commerce by the pirates in the West Indies and Gulf of + Mexico, exemplified by the death of a very meritorious + officer, seems to call for some prompt and decisive measures + on the part of the Government. All the public vessels adapted + to that service which can be spared from other indispensable + duties are already employed in it; but from the knowledge + which has been acquired of the places from whence these + outlaws issue and to which they escape from danger it appears + that it will require a particular kind of force, capable of + pursuing them into the shallow waters to which they retire, + effectually to suppress them. I submit to the consideration + of the Senate the propriety of organizing such force for that + important object. + </p> + <p class="r"> + JAMES MONROE. + </p> + <center> + [The same message, dated December 6, 1822, was sent to the + House of Representatives.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 9, 1822</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 22d of + February last, "requesting the President of the United States + to cause to be collected and communicated to the Senate at + the commencement of the next session of Congress the best + information which he may be able to obtain relative to + certain Christian Indians and the lands intended for their + benefit on the Muskingum, in the State of Ohio, granted under + an act of Congress of June 1, 1796, to the Society of the + United Brethren for Propagating the Gospel among the Heathen, + showing as correctly as possible the advance or decline of + said Indians in numbers, morals, and intellectual endowments; + whether the lands have inured to their sole benefit, and, if + not, to whom, in whole or in part, have such benefits + accrued," I transmit a report from the Secretary of War with + the accompanying documents. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 3, 1823</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the three resolutions of the Senate of the + 5th April, 1822, requesting the President of the United + States to communicate in detail the expenses of building each + vessel of war authorized by the act of the 2d of January, + 1813, and its supplements, and also the names, number, grade, + etc., of the officers and men employed at each navy-yard and + naval station during the two years immediately preceding the + 1st of January, 1822, I herewith transmit a report from the + Secretary of the Navy, with the accompanying documents, which + contains the desired information. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 3, 1823</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolutions of the House of + Representatives of the 8th of January, 7th May, and 17th + December, 1822, requesting the President of the United States + to cause to be laid before that House a detailed statement of + the current expenses of the Ordnance Department for the years + 1817, 1818, 1819, 1820, and 1821, and as much as can be shewn + for the year 1822, and also the number and local position of + each of the armories, arsenals, and magazines of the United + States, the total expense of constructing and repairing the + same up to the year 1821; the number of cannon and other arms + annually made at each, and the expenses of each armory and + arsenal for each year from 1816 to 1821, inclusive, I + herewith transmit a report from the Secretary of War, + accompanied by such documents as will be found to contain the + desired information. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 3, 1823</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the United States of the 19th of December, + 1822, requesting the President of the United States to cause + to be laid before that House the several laws which have been + made by the governor and legislative council of Florida, + together with such information as may be in the possession of + the Executive, I herewith transmit a report from the + Secretary of State, with the accompanying documents, which + contains the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 6, 1823</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 19th of December last, requesting the + President of the United States to communicate to the House + the progress which has been made in the execution of the act + of the last session entitled "An act to abolish the Indian + trading establishments," with a report from the factories, + respectively, as the same were made to him, I transmit a + report from the Secretary of the Treasury, with the documents + referred to by that resolution. In further execution of the + act of the last session treaties have since been made with + the Osage and Sac Indians by which those tribes have + severally relinquished to the United States their right under + preceding treaties to the maintenance of a factory within + each, respectively. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 6, 1823. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit to the Senate, for their advice and consent as to + the ratification, treaties which have been made with the + Osage and Sac tribes of Indians in execution of the provision + contained in the act of the last session entitled "An act to + abolish the Indian trading establishments." + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 10, 1823</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate requesting the + President of the United States "to cause to be laid before + the Senate the number of arms required annually to supply the + militia of the West according to acts of Congress; the + probable number necessary to be placed in military deposits + located or to be located on the Western waters; the cost of + transportation of arms to the Western States and deposits; + the probable cost of manufacturing arms in the West; the + probable cost of erecting at this time on the Western waters + such an armory as that at Harpers Ferry or at Springfield, + and such other information as he may deem important to + establish the expediency of erecting on the Western waters a + national armory," I herewith transmit a report from the + Secretary of War containing the desired information. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 16, 1823</i>. + </p> + <p> + The VICE-PRESIDENT OF THE UNITED STATES AND PRESIDENT OF THE + SENATE: + </p> + <p> + The convention concluded and signed at St. Petersburg on the + 21st of July last under the mediation of His Imperial Majesty + the Emperor of all the Russias having been ratified by the + three powers parties thereto, and the ratifications of the + same having been duly exchanged, copies of it are now + communicated to Congress, to the end that the measures for + carrying it on the part of the United States into execution + may obtain the cooperation of the Legislature necessary to + the accomplishment of some of its provisions. A translation + is subjoined of three explanatory documents, in the French + language, referred to in the fourth article of the convention + and annexed to it. The agreement executed at the exchange of + the ratifications is likewise communicated. + </p> + <p class="r"> + JAMES MONROE. + </p> + <center> + [The same message was addressed to the Speaker of the House + of Representatives.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 22, 1823. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of December 12, 1822, + requesting that the President would cause to be laid before + the Senate a statement exhibiting the amount in aggregate of + the goods, wares, and merchandise exported from the United + States to France, and imported from thence, in each year from + and after the year 1814 to the year 1820, discriminating in + the reports between the articles of the growth, produce, or + manufacture of the United States and those of foreign + countries, and also stating the national character of the + vessels in which such exports and imports have been made, I + transmit a report from the Secretary of the Treasury, which + contains the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 22, 1823. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + In carrying fully into effect the intention of Congress in + making an appropriation of $5,000 by the act of the 14th + April, 1820, for the survey of the Ohio and the Mississippi + rivers from the Rapids of the Ohio at Louisville to the + Balize, for the purpose of facilitating and ascertaining the + most practicable route of improving the navigation of these + rivers, orders were given through the proper department to + the Board of Engineers to examine and survey the said rivers + with reference to those objects, and to report their opinion + thereon, which they have done, and which report I now + communicate for the information of Congress. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 25, 1823</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit herewith to the House of Representatives a report + from the Secretary of State, together with the documents + which contain the information requested by the resolution of + the House of the 10th of December last, relating to the + establishment at the mouth of Columbia River. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit herewith a letter from the Secretary of the Navy, + containing one from Captain John Rodgers, president of the + Naval Board, accompanied by a description of the inclined + plane, dock, and fixtures for hauling up ships, and an + estimate of the cost and materials and workmanship necessary + for the completion of a dock and wharves, proposed to be + connected with the inclined plane constructed at the + navy-yard, Washington, and recommend the same to the + attentive consideration of Congress. + </p> + <p> + It is confidently believed that this invention combines + advantages so highly useful as to justify the appropriation + required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + JANUARY 28, 1823 + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 3, 1823. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Having lately received a memorial from the legislative + council of the Territory of Florida on subjects very + interesting to the inhabitants of the Territory and also to + the United States, which require legislative provision, I + transmit the same to Congress and recommend it to their + consideration, + </p> + <p class="r"> + JAMES MONROE. + </p> + <center> + [The same message was addressed to the Speaker of the House + of Representatives.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 3, 1823</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit herewith a resolution of the legislature, with an + extract of a letter from the governor, of Georgia, and a + memorial of the legislature of Missouri, relative to the + extinguishment of the Indian title to lands within the limits + of these States, respectively. Believing the present time to + be propitious for holding treaties for the attainment of + cessions of land from the Indians within those States, I + submit the subject to the consideration of Congress, that + adequate appropriations for such treaties may be made should + Congress deem it expedient. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 4, 1823. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 12th of December last, requesting the + President "to communicate to the House such information as he + might possess with regard to any expedition prepared in the + United States and having sailed from thence within the year + 1822 against the territory or dependency of any power in + amity with the United States, and to inform the House whether + any measures have been taken to bring to condign punishment + persons who have been concerned in such expedition contrary + to the laws," I transmit to the House reports from the + Secretaries of State and of the Treasury, with the documents + mentioned in each. Those documents contain all the + information in possession of the Executive relating to the + subject of the resolution. + </p> + <p> + That a force of a very limited extent has been equipped in + the ports of the United States and sailed from thence for the + purpose described in the resolution is manifest from the + documents now communicated. The reports from the collectors + of Philadelphia and New York will shew in what manner this + equipment escaped their notice. + </p> + <p> + The first information of this equipment was received from St. + Bartholomews, the place of its rendezvous. This was confirmed + afterwards from Curracoa with an account of its failure. + Should any of those persons return within the jurisdiction of + the United States care will be taken that the laws applicable + to such offenses are duly enforced against them. Whether any + aid was afforded by others to the parties engaged in this + unlawful and contemptible adventure in the ports in which it + was planned, inconsistent with ordinary commercial + transactions and contrary to the laws of the United States, + will be referred to the Attorney-General, on whose advice any + measures in regard to them will depend. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 6, 1823. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 28th of January last, requesting + information "whether the treaty concluded with the Choctaw + Nation of Indians on the 18th of October, 1820, has been + executed so far as respects the cession of certain lands to + said nation west of the river Mississippi, and if possession + has been given of the lands ceded to them; if not, that he + assign the reasons which prevented the immediate execution of + the stipulations of said treaty, and whether the difficulties + have diminished or increased by the delay in its execution," + I communicate a report from the Secretary of War, with the + documents referred to in it, + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 10, 1823. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of February 3, + requesting a statement of the number and size of cannon, + mortars, and howitzers necessary for the armament of the + fortifications already built and intended to be built, with + an estimate of the sum necessary for their construction, I + transmit a report from the Secretary of War, prepared in + execution of instructions given him to that effect. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 13, 1823</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of 22d January last, requesting the + communication to the House of all the correspondence between + the Governments of the United States and Great Britain + relating to the negotiation of the convention of the 20th + October, 1818, which may not be inconsistent with the public + interest, I transmit herewith to the House a report from the + Secretary of State, together with the papers requested by the + resolution of the House. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 14, 1823. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 11th of + this month, requesting the President to cause to be + communicated to the Senate an estimate of the amount of land + in the State of Georgia to which the Indian title has been + extinguished by the United States since the cession of a + portion of the territory of Georgia to the United States, + with a statement of the cost of such extinguishment, and also + an estimate of the amount of land within the said State to + which the Indian title still remains to be extinguished, and + by what tribes claimed, I transmit a report from the + Secretary of War, which contains the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 17, 1823. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 17th of December, requesting the + President to communicate to the House a statement of the + amount expended for the current expenses of the Ordnance + Department during the years 1817, 1818, 1819, 1820, and 1821, + and as much as can be shewn for the year 1822, with the items + for which the money was expended, the place where and the + persons to whom paid, what quantity of timber has been + procured for gun carriages and caissons, its cost annually, + and where deposited; the quantity of ordnance of every kind + that has been procured during those years or paid for, and + the whole amount of arms of every description now belonging + to the United States; the sum expended in the purchase of + sites for arsenals since the peace, the cost of the buildings + erected thereon, and whether all those arsenals are necessary + for the service of the United States, I transmit a report + from the Secretary of War, with the documents mentioned + therein, which contains the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 18, 1823</i>. + </p> + <p> + The VICE-PRESIDENT OF THE UNITED STATES AND PRESIDENT OF THE + SENATE: + </p> + <p> + The convention of navigation and commerce between the United + States of America and His Majesty the King of France and + Navarre, concluded and signed at Washington on the 24th of + June, 1822, with the first separate article thereto annexed, + having been ratified by the two parties, and the + ratifications of the same having been duly exchanged, copies + of it and of the separate article referred to are now + communicated to the two Houses of Congress, to the end that + the necessary measures for carrying it into execution on the + part of the United States may be adopted by the Legislature. + </p> + <p class="r"> + JAMES MONROE. + </p> + <center> + [The same message was sent to the House of Representatives.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 19, 1823. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 11th of December last, I transmit to + the House a report from the Secretary of the Treasury, + containing the information requested, of the amount of moneys + advanced to agents, subagents, contractors, subcontractors, + or individuals since the 1st of January, 1817, which have not + been accounted for on settlement, and of the loss sustained + in each case, the sureties taken, and the names of the + sureties. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 19, 1823</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives, in pursuance of a + resolution of that House of the 31st of last month, a report + from the Secretary of State, relative to the commissioners + appointed for the purpose of ascertaining the titles and + claims to land in Florida. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 19, 1823. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives an additional + report from the Secretary of the Treasury, with the documents + referred to therein, containing further information of the + proceedings in execution of the law of the last session + respecting the trade with the Indian tribes, called for by + the resolution of the 19th of December last. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 22, 1823. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 11th of this month, requesting + information whether any prize agents have neglected to render + an account of their agency and to pay over the money in their + hands, the names of those who have failed, the sums + unaccounted for, and whether any of those thus failing are in + the employ of the Government, and their compensation has been + in consequence suspended, I transmit a report from the + Secretary of the Navy, with the documents referred to by him. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 25, 1823. + </p> + <p> + <i>To the Congress of the United States</i>: + </p> + <p> + I transmit to Congress the general returns of the militia of + the several States and Territories for the year 1822, with an + account of the arms, accouterments, ammunition, ordnance, + etc., belonging to each as far as the returns have been + received, in compliance with the provision of the act of + 1803. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 25, 1823. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + By a resolution of the 27th of December last the President of + the United States was requested to communicate to the Senate + such information as he might possess respecting the political + state of the island of St. Domingo; whether the Government + thereof was claimed by any European nation, what our + commercial relations with the Government of the island were, + and whether any further commercial relations with that + Government would be consistent with the interest and safety + of the United States. + </p> + <p> + From the import of the resolution it is inferred that the + Senate were fully aware of the delicate and interesting + nature of the subject embraced by it in all its branches. The + call supposes something peculiar in the nature of the + Government of that island and in the character of its + population, to which attention is due. Impressed always with + an anxious desire to meet every call of either House for + information, I most willingly comply in this instance and + with a view to the particular circumstances alluded to. + </p> + <p> + In adverting to the political state of St. Domingo I have to + observe that the whole island is now united under one + Government, under a constitution which retains the + sovereignty in the hands of the people of color, and with + provisions which prohibit the employment in the Government of + all white persons who have emigrated there since 1816, or who + may hereafter emigrate there, and which prohibit also the + acquisition by such persons of the right of citizenship or to + real estate in the island. In the exercise of this + sovereignty the Government has not been molested by any + European, power. No invasion of the island has been made or + attempted by any power. It is, however, understood that the + relations between the Government of France and the island + have not been adjusted, that its independence has not been + recognized by France, nor has peace been formally established + between the parties. + </p> + <p> + The establishment of a Government of people of color in the + island on the principles above stated evinces distinctly the + idea of a separate interest and a distrust of other nations. + Had that jealousy been confined to the inhabitants of the + parent country it would have been less an object of + attention; but by extending it to the inhabitants of other + countries with whom no difference ever existed the policy + assumes a character which does not admit of a like + explanation. To what extent that spirit may be indulged or to + what purposes applied our experience has yet been too limited + to enable us to form a just estimate. These are inquiries + more peculiarly interesting to the neighboring islands. They + nevertheless deserve the attention of the United States. + </p> + <p> + Between the United States and the island a commercial + intercourse exists, and it will continue to be the object of + this Government to promote it. Our commerce there has been + subjected to higher duties than have been imposed on like + articles from some other nations. It has nevertheless been + extensive, proceeding from the wants of the respective + parties and the enterprise of our citizens. Of this + discrimination to our injury we had a right to complain and + have complained. It is expected that our commercial + intercourse with the island will be placed on the footing of + the most favored nation. No preference is sought in our + favor, nor ought any to be given to others. Regarding the + high interest of our happy Union and looking to every + circumstance which may by any possibility affect the + tranquillity of any part, however remotely, and guarding + against such injury by suitable precautions, it is the duty + of this Government to promote by all the means in its power + and by a fair and honorable policy the best interest of every + other part, and thereby of the whole. Feeling profoundly the + force of this obligation, I shall continue to exert with + unwearied zeal my best faculties to give it effect. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 26, 1823</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives, in pursuance of a + resolution of that House of the 30th January last, a report + from the Secretary of State, containing the information + required in relation to the transactions of the commissioners + under the sixth and seventh articles of the treaty of Ghent, + and also as to the measures which have been taken under the + fourth article of the treaty with Spain of the 22d of + February, 1819, for fixing the boundary line described in the + third article of the last-mentioned treaty. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 27, 1823</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit to the House of Representatives a report from the + Secretary of State, made in pursuance of their resolution of + the 21st of January last, requesting the President of the + United States to cause to be arranged and laid before that + House a digest shewing such changes in the commercial + regulations of the different foreign countries with which the + United States have intercourse as shall have been adopted and + come to the knowledge of the Executive subsequently to the + formation of the digest communicated to the Senate on the 7th + December, 1819. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 28, 1823</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives a report from the + Secretary of State, with copies of sundry papers which should + have been included among those which accompanied my message + of the 13th instant, being part of the correspondence with + Great Britain relating to the negotiation of the convention + of 20th of October, 1818, but which were accidentally omitted + from the papers communicated to the House with that message. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 28, 1823</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 24th of January, requesting the + President to communicate to the House the number of persons + and the amount due from each whose compensation has been + withheld or suspended, in pursuance of the law prohibiting + payments to persons in arrears to the United States; whether + the amount withheld has been applied in all cases to the + extinguishment of their debts to the Government; whether the + said laws have been enforced in all cases against securities + who are liable for the payment of any arrears due; whether + any disbursing officer, within the knowledge of the + President, has given conclusive evidence of his insolvency, + and, if so, whether he is still retained in the service of + the United States, I transmit to the House a report from the + Secretary of the Treasury, with the documents mentioned + therein. + </p> + <p> + The report has been confined to the operations of the law. + Respecting the circumstances of individuals in their + transactions without the sphere of their public duties I have + no means of information other than those which are common to + all. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 7, 1823</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of this day, requesting information of the + measures taken with regard to the illegal blockade of the + ports of the Spanish Main, and to depredations of privateers + fitted out from Porto Rico and other Spanish islands on the + commerce of the United States, I transmit to the House a + report from the Secretary of State containing the information + required by the resolution. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SEVENTH ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 2, 1823</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and House of + Representatives</i>: + </p> + <p> + Many important subjects will claim your attention during the + present session, of which I shall endeavor to give, in aid of + your deliberations, a just idea in this communication. I + undertake this duty with diffidence, from the vast extent of + the interests on which I have to treat and of their great + importance to every portion of our Union. I enter on it with + zeal from a thorough conviction that there never was a period + since the establishment of our Revolution when, regarding the + condition of the civilized world and its bearing on us, there + was greater necessity for devotion in the public servants to + their respective duties, or for virtue, patriotism, and union + in our constituents. + </p> + <p> + Meeting in you a new Congress, I deem it proper to present + this view of public affairs in greater detail than might + otherwise be necessary. I do it, however, with peculiar + satisfaction, from a knowledge that in this respect I shall + comply more fully with the sound principles of our + Government. The people being with us exclusively the + sovereign, it is indispensable that full information be laid + before them on all important subjects, to enable them to + exercise that high power with complete effect. If kept in the + dark, they must be incompetent to it. We are all liable to + error, and those who are engaged in the management of public + affairs are more subject to excitement and to be led astray + by their particular interests and passions than the great + body of our constituents, who, living at home in the pursuit + of their ordinary avocations, are calm but deeply interested + spectators of events and of the conduct of those who are + parties to them. To the people every department of the + Government and every individual in each are responsible, and + the more full their information the better they can judge of + the wisdom of the policy pursued and of the conduct of each + in regard to it. From their dispassionate judgment much aid + may always be obtained, while their approbation will form the + greatest incentive and most gratifying reward for virtuous + actions, and the dread of their censure the best security + against the abuse of their confidence. Their interests in all + vital questions are the same, and the bond, by sentiment as + well as by interest, will be proportionably strengthened as + they are better informed of the real state of public affairs, + especially in difficult conjunctures. It is by such knowledge + that local prejudices and jealousies are surmounted, and that + a national policy, extending its fostering care and + protection to all the great interests of our Union, is formed + and steadily adhered to. + </p> + <p> + A precise knowledge of our relations with foreign powers as + respects our negotiations and transactions with each is + thought to be particularly necessary. Equally necessary is it + that we should form a just estimate of our resources, + revenue, and progress in every kind of improvement connected + with the national prosperity and public defense. It is by + rendering justice to other nations that we may expect it from + them. It is by our ability to resent injuries and redress + wrongs that we may avoid them. The commissioners under the + fifth article of the treaty of Ghent, having disagreed in + their opinions respecting that portion of the boundary + between the Territories of the United States and of Great + Britain the establishment of which had been submitted to + them, have made their respective reports in compliance with + that article, that the same might be referred to the decision + of a friendly power. It being manifest, however, that it + would be difficult, if not impossible, for any power to + perform that office without great delay and much + inconvenience to itself, a proposal has been made by this + Government, and acceded to by that of Great Britain, to + endeavor to establish that boundary by amicable negotiation. + It appearing from long experience that no satisfactory + arrangement could be formed of the commercial intercourse + between the United States and the British colonies in this + hemisphere by legislative acts while each party pursued its + own course without agreement or concert with the other, a + proposal has been made to the British Government to regulate + this commerce by treaty, as it has been to arrange in like + manner the just claim of the citizens of the United States + inhabiting the States and Territories bordering on the lakes + and rivers which empty into the St. Lawrence to the + navigation of that river to the ocean. For these and other + objects of high importance to the interests of both parties a + negotiation has been opened with the British Government which + it is hoped will have a satisfactory result. + </p> + <p> + The commissioners under the sixth and seventh articles of the + treaty of Ghent having successfully closed their labors in + relation to the sixth, have proceeded to the discharge of + those relating to the seventh. Their progress in the + extensive survey required for the performance of their duties + justifies the presumption that it will be completed in the + ensuing year. + </p> + <p> + The negotiation which had been long depending with the French + Government on several important subjects, and particularly + for a just indemnity for losses sustained in the late wars by + the citizens of the United States under unjustifiable + seizures and confiscations of their property, has not as yet + had the desired effect. As this claim rests on the same + principle with others which have been admitted by the French + Government, it is not perceived on what just ground it can be + rejected. A minister will be immediately appointed to proceed + to France and resume the negotiation on this and other + subjects which may arise between the two nations. + </p> + <p> + At the proposal of the Russian Imperial Government, made + through the minister of the Emperor residing here, a full + power and instructions have been transmitted to the minister + of the United States at St. Petersburg to arrange by amicable + negotiation the respective rights and interests of the two + nations on the northwest coast of this continent. A similar + proposal had been made by His Imperial Majesty to the + Government of Great Britain, which has likewise been acceded + to. The Government of the United States has been desirous by + this friendly proceeding of manifesting the great value which + they have invariably attached to the friendship of the + Emperor and their solicitude to cultivate the best + understanding with his Government. In the discussions to + which this interest has given rise and in the arrangements by + which they may terminate the occasion has been judged proper + for asserting, as a principle in which the rights and + interests of the United States are involved, that the + American continents, by the free and independent condition + which they have assumed and maintain, are henceforth not to + be considered as subjects for future colonization by any + European powers. + </p> + <p> + Since the close of the last session of Congress the + commissioners and arbitrators for ascertaining and + determining the amount of indemnification which may be due to + citizens of the United States under the decision of His + Imperial Majesty the Emperor of Russia, in conformity to the + convention concluded at St. Petersburg on the 12th of July, + 1822, have assembled in this city, and organized themselves + as a board for the performance of the duties assigned to them + by that treaty. The commission constituted under the eleventh + article of the treaty of the 22d of February, 1819, between + the United States and Spain is also in session here, and as + the term of three years limited by the treaty for the + execution of the trust will expire before the period of the + next regular meeting of Congress, the attention of the + Legislature will be drawn to the measures which may be + necessary to accomplish the objects for which the commission + was instituted. + </p> + <p> + In compliance with a resolution of the House of + Representatives adopted at their last session, instructions + have been given to all the ministers of the United States + accredited to the powers of Europe and America to propose the + proscription of the African slave trade by classing it under + the denomination, and inflicting on its perpetrators the + punishment, of piracy. Should this proposal be acceded to, it + is not doubted that this odious and criminal practice will be + promptly and entirely suppressed. It is earnestly hoped that + it will be acceded to, from the firm belief that it is the + most effectual expedient that can be adopted for the purpose. + </p> + <p> + At the commencement of the recent war between France and + Spain it was declared by the French Government that it would + grant no commissions to privateers, and that neither the + commerce of Spain herself nor of neutral nations should be + molested by the naval force of France, except in the breach + of a lawful blockade. This declaration, which appears to have + been faithfully carried into effect, concurring with + principles proclaimed and cherished by the United States from + the first establishment of their independence, suggested the + hope that the time had arrived when the proposal for adopting + it as a permanent and invariable rule in all future maritime + wars might meet the favorable consideration of the great + European powers. Instructions have accordingly been given to + our ministers with France, Russia, and Great Britain to make + those proposals to their respective Governments, and when the + friends of humanity reflect on the essential amelioration to + the condition of the human race which would result from the + abolition of private war on the sea and on the great facility + by which it might be accomplished, requiring only the consent + of a few sovereigns, an earnest hope is indulged that these + overtures will meet with an attention animated by the spirit + in which they were made, and that they will ultimately be + successful. + </p> + <p> + The ministers who were appointed to the Republics of Colombia + and Buenos Ayres during the last session of Congress + proceeded shortly afterwards to their destinations. Of their + arrival there official intelligence has not yet been + received. The minister appointed to the Republic of Chile + will sail in a few days. An early appointment will also be + made to Mexico. A minister has been received from Colombia, + and the other Governments have been informed that ministers, + or diplomatic agents of inferior grade, would be received + from each, accordingly as they might prefer the one or the + other. + </p> + <p> + The minister appointed to Spain proceeded soon after his + appointment for Cadiz, the residence of the Sovereign to whom + he was accredited. In approaching that port the frigate which + conveyed him was warned off by the commander of the French + squadron by which it was blockaded and not permitted to + enter, although apprised by the captain of the frigate of the + public character of the person whom he had on board, the + landing of whom was the sole object of his proposed entry. + This act, being considered an infringement of the rights of + ambassadors and of nations, will form a just cause of + complaint to the Government of France against the officer by + whom it was committed. + </p> + <p> + The actual condition of the public finances more than + realizes the favorable anticipations that were entertained of + it at the opening of the last session of Congress. On the 1st + of January there was a balance in the Treasury of + $4,237,427.55. From that time to the 30th September the + receipts amounted to upward of $16,100,000, and the + expenditures to $11,400,000. During the fourth quarter of the + year it is estimated that the receipts will at least equal + the expenditures, and that there will remain in the Treasury + on the 1st day of January next a surplus of nearly + $9,000,000. + </p> + <p> + On the 1st of January, 1825, a large amount of the war debt + and a part of the Revolutionary debt become redeemable. + Additional portions of the former will continue to become + redeemable annually until the year 1835. It is believed, + however, that if the United States remain at peace the whole + of that debt may be redeemed by the ordinary revenue of those + years during that period under the provision of the act of + March 3, 1817, creating the sinking fund, and in that case + the only part of the debt that will remain after the year + 1835 will be the $7,000,000 of 5 per cent stock subscribed to + the Bank of the United States, and the 3 per cent + Revolutionary debt, amounting to $13,296,099.06, both of + which are redeemable at the pleasure of the Government. + </p> + <p> + The state of the Army in its organization and discipline has + been gradually improving for several years, and has now + attained a high degree of perfection. The military + disbursements have been regularly made and the accounts + regularly and promptly rendered for settlement. The supplies + of various descriptions have been of good quality, and + regularly issued at all of the posts. A system of economy and + accountability has been introduced into every branch of the + service which admits of little additional improvement. This + desirable state has been attained by the act reorganizing the + staff of the Army, passed on the 14th of April, 1818. + </p> + <p> + The moneys appropriated for fortifications have been + regularly and economically applied, and all the works + advanced as rapidly as the amount appropriated would admit. + Three important works will be completed in the course of this + year—that is, Fort Washington, Fort Delaware, and the + fort at the Rigolets, in Louisiana. + </p> + <p> + The Board of Engineers and the Topographical Corps have been + in constant and active service in surveying the coast and + projecting the works necessary for its defense. + </p> + <p> + The Military Academy has attained a degree of perfection in + its discipline and instruction equal, as is believed, to any + institution of its kind in any country. + </p> + <p> + The money appropriated for the use of the Ordnance Department + has been regularly and economically applied. The fabrication + of arms at the national armories and by contract with the + Department has been gradually improving in quality and + cheapness. It is believed that their quality is now such as + to admit of but little improvement. + </p> + <p> + The completion of the fortifications renders it necessary + that there should be a suitable appropriation for the purpose + of fabricating the cannon and carriages necessary for those + works. + </p> + <p> + Under the appropriation of $5,000 for exploring the Western + waters for the location of a site for a Western armory, a + commission was constituted, consisting of Colonel McRee, + Colonel Lee, and Captain Talcott, who have been engaged in + exploring the country. They have not yet reported the result + of their labors, but it is believed that they will be + prepared to do it at an early part of the session of + Congress. + </p> + <p> + During the month of June last General Ashley and his party, + who were trading under a license from the Government, were + attacked by the Ricarees while peaceably trading with the + Indians at their request. Several of the party were killed + and wounded and their property taken or destroyed. + </p> + <p> + Colonel Leavenworth, who commanded Fort Atkinson, at the + Council Bluffs, the most western post, apprehending that the + hostile spirit of the Ricarees would extend to other tribes + in that quarter, and that thereby the lives of the traders on + the Missouri and the peace of the frontier would be + endangered, took immediate measures to check the evil. + </p> + <p> + With a detachment of the regiment stationed at the Bluffs he + successfully attacked the Ricaree village, and it is hoped + that such an impression has been made on them as well as on + the other tribes on the Missouri as will prevent a recurrence + of future hostility. + </p> + <p> + The report of the Secretary of War, which is herewith + transmitted, will exhibit in greater detail the condition of + the Department in its various branches, and the progress + which has been made in its administration during the three + first quarters of the year. + </p> + <p> + I transmit a return of the militia of the several States + according to the last reports which have been made by the + proper officers in each to the Department of War. By + reference to this return it will be seen that it is not + complete, although great exertions have been made to make it + so. As the defense and even the liberties of the country must + depend in times of imminent danger on the militia, it is of + the highest importance that it be well organized, armed, and + disciplined throughout the Union. The report of the Secretary + of War shews the progress made during the three first + quarters of the present year by the application of the fund + appropriated for arming the militia. Much difficulty is found + in distributing the arms according to the act of Congress + providing for it from the failure of the proper departments + in many of the States to make regular returns. The act of May + 12, 1820, provides that the system of tactics and regulations + of the various corps of the Regular Army shall be extended to + the militia. This act has been very imperfectly executed from + the want of uniformity in the organization of the militia, + proceeding from the defects of the system itself, and + especially in its application to that main arm of the public + defense. It is thought that this important subject in all its + branches merits the attention of Congress. + </p> + <p> + The report of the Secretary of the Navy, which is now + communicated, furnishes an account of the administration of + that Department for the three first quarters of the present + year, with the progress made in augmenting the Navy, and the + manner in which the vessels in commission have been employed. + </p> + <p> + The usual force has been maintained in the Mediterranean Sea, + the Pacific Ocean, and along the Atlantic coast, and has + afforded the necessary protection to our commerce in those + seas. + </p> + <p> + In the West Indies and the Gulf of Mexico our naval force has + been augmented by the addition of several small vessels + provided for by the "act authorizing an additional naval + force for the suppression of piracy," passed by Congress at + their last session. That armament has been eminently + successful in the accomplishment of its object. The piracies + by which our commerce in the neighborhood of the island of + Cuba had been afflicted have been repressed and the + confidence of our merchants in a great measure restored. + </p> + <p> + The patriotic zeal and enterprise of Commodore Porter, to + whom the command of the expedition was confided, has been + fully seconded by the officers and men under his command. And + in reflecting with high satisfaction on the honorable manner + in which they have sustained the reputation of their country + and its Navy, the sentiment is alloyed only by a concern that + in the fulfillment of that arduous service the diseases + incident to the season and to the climate in which it was + discharged have deprived the nation of many useful lives, and + among them of several officers of great promise. + </p> + <p> + In the month of August a very malignant fever made its + appearance at Thompsons Island, which threatened the + destruction of our station there. Many perished, and the + commanding officer was severely attacked. Uncertain as to his + fate and knowing that most of the medical officers had been + rendered incapable of discharging their duties, it was + thought expedient to send to that post an officer of rank and + experience, with several skillful surgeons, to ascertain the + origin of the fever and the probability of its recurrence + there in future seasons; to furnish every assistance to those + who were suffering, and, if practicable, to avoid the + necessity of abandoning so important a station. Commodore + Rodgers, with a promptitude which did him honor, cheerfully + accepted that trust, and has discharged it in the manner + anticipated from his skill and patriotism. Before his arrival + Commodore Porter, with the greater part of the squadron, had + removed from the island and returned to the United States in + consequence of the prevailing sickness. Much useful + information has, however, been obtained as to the state of + the island and great relief afforded to those who had been + necessarily left there. + </p> + <p> + Although our expedition, cooperating with an invigorated + administration of the government of the island of Cuba, and + with the corresponding active exertions of a British naval + force in the same seas, have almost entirely destroyed the + unlicensed piracies from that island, the success of our + exertions has not been equally effectual to suppress the same + crime, under other pretenses and colors, in the neighboring + island of Porto Rico. They have been committed there under + the abusive issue of Spanish commissions. At an early period + of the present year remonstrances were made to the governor + of that island, by an agent who was sent for the purpose, + against those outrages on the peaceful commerce of the United + States, of which many had occurred. That officer, professing + his own want of authority to make satisfaction for our just + complaints, answered only by a reference of them to the + Government of Spain. The minister of the United States to + that court was specially instructed to urge the necessity of + the immediate and effectual interposition of that Government, + directing restitution and indemnity for wrongs already + committed and interdicting the repetition of them. The + minister, as has been seen, was debarred access to the + Spanish Government, and in the meantime several new cases of + flagrant outrage have occurred, and citizens of the United + States in the island of Porto Rico have suffered, and others + been threatened with assassination for asserting their + unquestionable rights even before the lawful tribunals of the + country. + </p> + <p> + The usual orders have been given to all our public ships to + seize American vessels engaged in the slave trade and bring + them in for adjudication, and I have the gratification to + state that not one so employed has been discovered, and there + is good reason to believe that our flag is now seldom, if at + all, disgraced by that traffic. It is a source of great + satisfaction that we are always enabled to recur to the + conduct of our Navy with pride and commendation. As a means + of national defense it enjoys the public confidence, and is + steadily assuming additional importance. It is submitted + whether a more efficient and equally economical organization + of it might not in several respects be effected. It is + supposed that higher grades than now exist by law would be + useful. They would afford well-merited rewards to those who + have long and faithfully served their country, present the + best incentives to good conduct, and the best means of + insuring a proper discipline; destroy the inequality in that + respect between military and naval services, and relieve our + officers from many inconveniences and mortifications which + occur when our vessels meet those of other nations, ours + being the only service in which such grades do not exist. + </p> + <p> + A report of the Postmaster-General, which accompanies this + communication, will shew the present state of the Post-Office + Department and its general operations for some years past. + </p> + <p> + There is established by law 88,600 miles of post-roads, on + which the mail is now transported 85,700 miles, and contracts + have been made for its transportation on all the established + routes, with one or two exceptions. There are 5,240 + post-offices in the Union, and as many postmasters. The gross + amount of postage which accrued from the 1st July, 1822, to + the 1st July, 1823, was $1,114,345.12. During the same period + the expenditures of the Post-Office Department amounted to + $1,169,885.51, and consisted of the following items, viz: + Compensation to postmasters, $353,995.98; incidental + expenses, $30,866.37; transportation of the mail, + $784,600.08; payments into the Treasury, $423.08. On the 1st + of July last there was due to the Department from postmasters + $135,245.28; from <i>late</i> postmasters and contractors, + $256,749.31; making a total amount of balances due to the + Department of $391,994.59. These balances embrace all + delinquencies of postmasters and contractors which have taken + place since the organization of the Department. There was due + by the Department to contractors on the 1st of July last + $26,548.64. + </p> + <p> + The transportation of the mail within five years past has + been greatly extended, and the expenditures of the Department + proportionably increased. Although the postage which has + accrued within the last three years has fallen short of the + expenditures $262,821.46, it appears that collections have + been made from the outstanding balances to meet the principal + part of the current demands. + </p> + <p> + It is estimated that not more than $250,000 of the above + balances can be collected, and that a considerable part of + this sum can only be realized by a resort to legal process. + Some improvement in the receipts for postage is expected. A + prompt attention to the collection of moneys received by + postmasters, it is believed, will enable the Department to + continue its operations without aid from the Treasury, unless + the expenditures shall be increased by the establishment of + new mail routes. + </p> + <p> + A revision of some parts of the post-office law may be + necessary; and it is submitted whether it would not be proper + to provide for the appointment of postmasters, where the + compensation exceeds a certain amount, by nomination to the + Senate, as other officers of the General Government are + appointed. + </p> + <p> + Having communicated my views to Congress at the commencement + of the last session respecting the encouragement which ought + to be given to our manufactures and the principle on which it + should be founded, I have only to add that those views remain + unchanged, and that the present state of those countries with + which we have the most immediate political relations and + greatest commercial intercourse tends to confirm them. Under + this impression I recommend a review of the tariff for the + purpose of affording such additional protection to those + articles which we are prepared to manufacture, or which are + more immediately connected with the defense and independence + of the country. + </p> + <p> + The actual state of the public accounts furnishes additional + evidence of the efficiency of the present system of + accountability in relation to the public expenditure. Of the + moneys drawn from the Treasury since the 4th March, 1817, the + sum remaining unaccounted for on the 30th of September last + is more than a million and a half of dollars less than on the + 30th of September preceding; and during the same period a + reduction of nearly a million of dollars has been made in the + amount of the unsettled accounts for moneys advanced + previously to the 4th of March, 1817. It will be obvious that + in proportion as the mass of accounts of the latter + description is diminished by settlement the difficulty of + settling the residue is increased from the consideration that + in many instances it can be obtained only by legal process. + For more precise details on this subject I refer to a report + from the First Comptroller of the Treasury. + </p> + <p> + The sum which was appropriated at the last session for the + repairs of the Cumberland road has been applied with good + effect to that object. A final report has not yet been + received from the agent who was appointed to superintend it. + As soon as it is received it shall be communicated to + Congress. + </p> + <p> + Many patriotic and enlightened citizens who have made the + subject an object of particular investigation have suggested + an improvement of still greater importance. They are of + opinion that the waters of the Chesapeake and Ohio may be + connected together by one continued canal, and at an expense + far short of the value and importance of the object to be + obtained. If this could be accomplished it is impossible to + calculate the beneficial consequences which would result from + it. A great portion of the produce of the very fertile + country through which it would pass would find a market + through that channel. Troops might be moved with great + facility in war, with cannon and every kind of munition, and + in either direction. Connecting the Atlantic with the Western + country in a line passing through the seat of the National + Government, it would contribute essentially to strengthen the + bond of union itself. Believing as I do that Congress possess + the right to appropriate money for such a national object + (the jurisdiction remaining to the States through which the + canal would pass), I submit it to your consideration whether + it may not be advisable to authorize by an adequate + appropriation the employment of a suitable number of the + officers of the Corps of Engineers to examine the unexplored + ground during the next season and to report their opinion + thereon. It will likewise be proper to extend their + examination to the several routes through which the waters of + the Ohio may be connected by canals with those of Lake Erie. + </p> + <p> + As the Cumberland road will require annual repairs, and + Congress have not thought it expedient to recommend to the + States an amendment to the Constitution for the purpose of + vesting in the United States a power to adopt and execute a + system of internal improvement, it is also submitted to your + consideration whether it may not be expedient to authorize + the Executive to enter into an arrangement with the several + States through which the road passes to establish tolls, each + within its limits, for the purpose of defraying the expense + of future repairs and of providing also by suitable penalties + for its protection against future injuries. + </p> + <p> + The act of Congress of the 7th of May, 1822, appropriated the + sum of $22,700 for the purpose of erecting two piers as a + shelter for vessels from ice near Cape Henlopen, Delaware + Bay. To effect the object of the act the officers of the + Board of Engineers, with Commodore Bainbridge, were directed + to prepare plans and estimates of piers sufficient to answer + the purpose intended by the act. It appears by their report, + which accompanies the documents from the War Department, that + the appropriation is not adequate to the purpose intended; + and as the piers would be of great service both to the + navigation of the Delaware Bay and the protection of vessels + on the adjacent parts of the coast, I submit for the + consideration of Congress whether additional and sufficient + appropriation should not be made. + </p> + <p> + The Board of Engineers were also directed to examine and + survey the entrance of the harbor of the port of Presquille, + in Pennsylvania, in order to make an estimate of the expense + of removing the obstructions to the entrance, with a plan of + the best mode of effecting the same, under the appropriation + for that purpose by act of Congress passed 3d of March last. + The report of the Board accompanies the papers from the War + Department, and is submitted for the consideration of + Congress. + </p> + <p> + A strong hope has been long entertained, founded on the + heroic struggle of the Greeks, that they would succeed in + their contest and resume their equal station among the + nations of the earth. It is believed that the whole civilized + world take a deep interest in their welfare. Although no + power has declared in their favor, yet none, according to our + information, has taken part against them. Their cause and + their name have protected them from dangers which might ere + this have overwhelmed any other people. The ordinary + calculations of interest and of acquisition with a view to + aggrandizement, which mingles so much in the transactions of + nations, seem to have had no effect in regard to them. From + the facts which have come to our knowledge there is good + cause to believe that their enemy has lost forever all + dominion over them; that Greece will become again an + independent nation. That she may obtain that rank is the + object of our most ardent wishes. + </p> + <p> + It was stated at the commencement of the last session that a + great effort was then making in Spain and Portugal to improve + the condition of the people of those countries, and that it + appeared to be conducted with extraordinary moderation. It + need scarcely be remarked that the result has been so far + very different from what was then anticipated. Of events in + that quarter of the globe, with which we have so much + intercourse and from which we derive our origin, we have + always been anxious and interested spectators. The citizens + of the United States cherish sentiments the most friendly in + favor of the liberty and happiness of their fellow-men on + that side of the Atlantic. In the wars of the European powers + in matters relating to themselves we have never taken any + part, nor does it comport with our policy so to do. It is + only when our rights are invaded or seriously menaced that we + resent injuries or make preparation for our defense. With the + movements in this hemisphere we are of necessity more + immediately connected, and by causes which must be obvious to + all enlightened and impartial observers. The political system + of the allied powers is essentially different in this respect + from that of America. This difference proceeds from that + which exists in their respective Governments; and to the + defense of our own, which has been achieved by the loss of so + much blood and treasure, and matured by the wisdom of their + most enlightened citizens, and under which we have enjoyed + unexampled felicity, this whole nation is devoted. We owe it, + therefore, to candor and to the amicable relations existing + between the United States and those powers to declare that we + should consider any attempt on their part to extend their + system to any portion of this hemisphere as dangerous to our + peace and safety. With the existing colonies or dependencies + of any European power we have not interfered and shall not + interfere. But with the Governments who have declared their + independence and maintained it, and whose independence we + have, on great consideration and on just principles, + acknowledged, we could not view any interposition for the + purpose of oppressing them, or controlling in any other + manner their destiny, by any European power in any other + light than as the manifestation of an unfriendly disposition + toward the United States. In the war between those new + Governments and Spain we declared our neutrality at the time + of their recognition, and to this we have adhered, and shall + continue to adhere, provided no change shall occur which, in + the judgment of the competent authorities of this Government, + shall make a corresponding change on the part of the United + States indispensable to their security. + </p> + <p> + The late events in Spain and Portugal shew that Europe is + still unsettled. Of this important fact no stronger proof can + be adduced than that the allied powers should have thought it + proper, on any principle satisfactory to themselves, to have + interposed by force in the internal concerns of Spain. To + what extent such interposition may be carried, on the same + principle, is a question in which all independent powers + whose governments differ from theirs are interested, even + those most remote, and surely none more so than the United + States. Our policy in regard to Europe, which was adopted at + an early stage of the wars which have so long agitated that + quarter of the globe, nevertheless remains the same, which + is, not to interfere in the internal concerns of any of its + powers; to consider the government <i>de facto</i> as the + legitimate government for us; to cultivate friendly relations + with it, and to preserve those relations by a frank, firm, + and manly policy, meeting in all instances the just claims of + every power, submitting to injuries from none. But in regard + to those continents circumstances are eminently and + conspicuously different. It is impossible that the allied + powers should extend their political system to any portion of + either continent without endangering our peace and happiness; + nor can anyone believe that our southern brethren, if left to + themselves, would adopt it of their own accord. It is equally + impossible, therefore, that we should behold such + interposition in any form with indifference. If we look to + the comparative strength and resources of Spain and those new + Governments, and their distance from each other, it must be + obvious that she can never subdue them. It is still the true + policy of the United States to leave the parties to + themselves, in the hope that other powers will pursue the + same course. + </p> + <p> + If we compare the present condition of our Union with its + actual state at the close of our Revolution, the history of + the world furnishes no example of a progress in improvement + in all the important circumstances which constitute the + happiness of a nation which bears any resemblance to it. At + the first epoch our population did not exceed 3,000,000. By + the last census it amounted to about 10,000,000, and, what is + more extraordinary, it is almost altogether native, for the + immigration from other countries has been inconsiderable At + the first epoch half the territory within our acknowledged + limits was uninhabited and a wilderness. Since then new + territory has been acquired of vast extent, comprising within + it many rivers, particularly the Mississippi, the navigation + of which to the ocean was of the highest importance to the + original States. Over this territory our population has + expanded in every direction, and new States have been + established almost equal in number to those which formed the + first bond of our Union. This expansion of our population and + accession of new States to our Union have had the happiest + effect on all its highest interests. That it has eminently + augmented our resources and added to our strength and + respectability as a power is admitted by all. But it is not + in these important circumstances only that this happy effect + is felt. It is manifest that by enlarging the basis of our + system and increasing the number of States the system itself + has been greatly strengthened in both its branches. + Consolidation and disunion have thereby been rendered equally + impracticable. Each Government, confiding in its own + strength, has less to apprehend from the other, and in + consequence each, enjoying a greater freedom of action, is + rendered more efficient for all the purposes for which it was + instituted. It is unnecessary to treat here of the vast + improvement made in the system itself by the adoption of this + Constitution and of its happy effect in elevating the + character and in protecting the rights of the nation as well + as of individuals. To what, then, do we owe these blessings? + It is known to all that we derive them from the excellence of + our institutions. Ought we not, then, to adopt every measure + which may be necessary to perpetuate them? + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON CITY, <i>December 7, 1823</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + By an act of the last session of Congress it was made the + duty of the accounting officers of the Treasury to adjust and + settle the accounts of Daniel D. Tompkins, late governor of + the State of New York, on principles of equity and justice, + subject to the revision and final decision of the President + of the United States. The accounting officers have, in + compliance with this act, reported to me a balance of $35,190 + in favor of Governor Tompkins, which report I have had under + consideration, together with his claim to an additional + allowance, and should have decided on the same before the + present time had I not delayed my decision at his request. + From the view which I have taken of the subject I am + satisfied, considering all the circumstances of the case, + that a larger sum ought to be allowed him than that reported + by the accounting officers of the Treasury. No appropriation, + however, having been made by the act, and it appearing by + recent information from him that the sum reported would + afford him an essential accommodation at this time, the + subject is submitted to the consideration of Congress with a + view to that object. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, for its advice and consent as to + the ratification, a treaty lately concluded with the Seminole + Indians in Florida, whereby a cession of territory is made to + the United States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + DECEMBER 15, 1823. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 23, 1823</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I herewith transmit to Congress a statement by William + Lambert, explanatory of his astronomical calculations with a + view to establish the longitude of the Capitol. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 31, 1823</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives a report from the + Secretary of State, with accompanying documents, containing + the information requested by the resolution of the House of + the 19th instant, relating to the condition and future + prospects of the Greeks. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 5, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 18th of December last, requesting + copies of contracts for cannon, cannon shot, muskets, and + other small arms which have been entered into since the 1st + of January, 1820, and for other detailed information therein + specified, I herewith transmit a report, with accompanying + documents, from the Department of War, + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 9, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + Agreeably to a resolution of the House of Representatives of + the 18th of December, 1823, requesting copies of all + contracts for cannon, cannon shot, muskets, and other small + arms entered into since the 1st of January, 1820, I herewith + transmit a report from the Department of the Navy, with other + documents relating thereto. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 12, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In answer to a resolution of the House of Representatives of + December 24, requesting the President of the United States to + lay before the House such information as he may possess, and + which may be disclosed without injury to the public good, + relative to the determination of any sovereign, or + combination of sovereigns, to assist Spain in the subjugation + of her late colonies on the American continent, and whether + any Government of Europe is disposed or determined to oppose + any aid or assistance which such sovereign or combination of + sovereigns may afford to Spain for the subjugation of her + late colonies above mentioned, I have to state that I possess + no information on that subject not known to Congress which + can be disclosed without injury to the public good. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 30, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 15th of December last, requesting the + President of the United States "to communicate a plan for a + peace establishment of the Navy of the United States," I + herewith transmit a report from the Secretary of the Navy, + which contains the plan required. + </p> + <p> + In presenting this plan to the consideration of Congress, I + avail myself of the occasion to make some remarks on it which + the importance of the subject requires and experience + justifies. + </p> + <p> + If a system of universal and permanent peace could be + established, or if in war the belligerent parties would + respect the rights of neutral powers, we should have no + occasion for a navy or an army. The expense and dangers of + such establishments might be avoided. The history of all ages + proves that this can not be presumed; on the contrary, that + at least one-half of every century, in ancient as well as + modern times, has been consumed in wars, and often of the + most general and desolating character. Nor is there any cause + to infer, if we examine the condition of the nations with + which we have the most intercourse and strongest political + relations, that we shall in future be exempt from that + calamity within any period to which a rational calculation + may be extended. And as to the rights of neutral powers, it + is sufficient to appeal to our own experience to demonstrate + how little regard will be paid to them whenever they come in + conflict with the interests of the powers at war while we + rely on the justice of our cause and on argument alone. The + amount of the property of our fellow-citizens which was + seized and confiscated or destroyed by the belligerent + parties in the wars of the French Revolution, and of those + which followed before we became a party to the war, is almost + incalculable. + </p> + <p> + The whole movement of our Government from the establishment + of our independence has been guided by a sacred regard for + peace. Situated as we are in the new hemisphere, distant from + Europe and unconnected with its affairs, blessed with the + happiest Government on earth, and having no objects of + ambition to gratify, the United States have steadily + cultivated the relations of amity with every power; and if in + any European wars a respect for our rights might be relied + on, it was undoubtedly in those to which I have adverted. The + conflict being vital, the force being nearly equally + balanced, and the result uncertain, each party had the + strongest motives of interest to cultivate our good will, + lest we might be thrown into the opposite scale. Powerful as + this consideration usually is, it was nevertheless utterly + disregarded in almost every stage of and by every party to + those wars. To these encroachments and injuries our regard + for peace was finally forced to yield. + </p> + <p> + In the war to which at length we became a party our whole + coast from St. Croix to the Mississippi was either invaded or + menaced with invasion, and in many parts with a strong + imposing force both land and naval. In those parts where the + population was most dense the pressure was comparatively + light, but there was scarcely an harbor or city on any of our + great inlets which could be considered secure. New York and + Philadelphia were eminently exposed, the then existing works + not being sufficient for their protection. The same remark is + applicable in a certain extent to the cities eastward of the + former, and as to the condition of the whole country + southward of the latter the events which mark the war are too + recent to require detail. Our armies and Navy signalized + themselves in every quarter where they had occasion to meet + their gallant foe, and the militia voluntarily flew to their + aid with a patriotism and fought with a bravery which exalted + the reputation of their Government and country and which did + them the highest honor. In whatever direction the enemy chose + to move with their squadrons and to land their troops our + fortifications, where any existed, presented but little + obstacle to them. They passed those works without difficulty. + Their squadrons, in fact, annoyed our whole coast, not of the + sea only, but every bay and great river throughout its whole + extent. In entering those inlets and sailing up them with a + small force the effect was disastrous, since it never failed + to draw out the whole population on each side and to keep it + in the field while the squadron remained there. The expense + attending this species of defense, with the exposure of the + inhabitants and the waste of property, may readily be + conceived. + </p> + <p> + The occurrences which preceded the war and those which + attended it were alike replete with useful instruction as to + our future policy. Those which marked the first epoch + demonstrate clearly that in the wars of other powers we can + rely only on force for the protection of our neutral rights. + Those of the second demonstrate with equal certainty that in + any war in which we may be engaged hereafter with a strong + naval power the expense, waste, and other calamities + attending it, considering the vast extent of our maritime + frontier, can not fail, unless it be defended by adequate + fortifications and a suitable naval force, to correspond with + those which were experienced in the late war. Two great + objects are therefore to be regarded in the establishment of + an adequate naval force: The first, to prevent war so far as + it may be practicable; the second, to diminish its calamities + when it may be inevitable. Hence the subject of defense + becomes intimately connected in all its parts in war and in + peace, for the land and at sea. No government will be + disposed in its wars with other powers to violate our rights + if it knows we have the means, are prepared and resolved to + defend them. The motive will also be diminished if it knows + that our defenses by land are so well planned and executed + that an invasion of our coast can not be productive of the + evils to which we have heretofore been exposed. + </p> + <p> + It was under a thorough conviction of these truths, derived + from the admonitions of the late war, that Congress, as early + as the year 1816, during the term of my enlightened and + virtuous predecessor, under whom the war had been declared, + prosecuted, and terminated, digested and made provision for + the defense of our country and support of its rights, in + peace as well as in war, by acts which authorized and + enjoined the augmentation of our Navy to a prescribed limit, + and the construction of suitable fortifications throughout + the whole extent of our maritime frontier and wherever else + they might be deemed necessary. It is to the execution of + these works, both land and naval, and under a thorough + conviction that by hastening their completion I should render + the best service to my country and give the most effectual + support to our free republican system of government that my + humble faculties would admit of, that I have devoted so much + of my time and labor to this great system of national policy + since I came into this office, and shall continue to do it + until my retirement from it at the end of your next session. + </p> + <p> + The Navy is the arm from which our Government will always + derive most aid in support of our neutral rights. Every power + engaged in war will know the strength of our naval force, the + number of our ships of each class, their condition, and the + promptitude with which we may bring them into service, and + will pay due consideration to that argument. Justice will + always have great weight in the cabinets of Europe; but in + long and destructive wars exigencies often occur which press + so vitally on them that unless the argument of force is + brought to its aid it will be disregarded. Our land forces + will always perform their duty in the event of war, but they + must perform it on the land. Our Navy is the arm which must + be principally relied on for the annoyance of the commerce of + the enemy and for the protection of our own, and also, by + cooperation with the land forces, for the defense of the + country. Capable of moving in any and every direction, it + possesses the faculty, even when remote from our coast, of + extending its aid to every interest on which the security and + welfare of our Union depend. Annoying the commerce of the + enemy and menacing in turn its coast, provided the force on + each side is nearly equally balanced, it will draw its + squadrons from our own; and in case of invasion by a powerful + adversary by a land and naval force, which is always to be + anticipated and ought to be provided against, our Navy may, + by like cooperation with our land forces, render essential + aid in protecting our interior from incursion and + depredation. + </p> + <p> + The great object in the event of war is to stop the enemy at + the coast. If this is done our cities and whole interior will + be secure. For the accomplishment of this object our + fortifications must be principally relied on. By placing + strong works near the mouths of our great inlets in such + positions as to command the entrances into them, as may be + done in many instances, it will be difficult, if not + impossible, for ships to pass them, especially if other + precautions, and particularly that of steam batteries, are + resorted to in their aid. In the wars between other powers + into which we may be drawn in support of our neutral rights + it can not be doubted that this defense would be adequate to + the purpose intended by it, nor can it be doubted that the + knowledge that such works existed would form a strong motive + with any power not to invade our rights, and thereby + contribute essentially to prevent war. There are, it is + admitted, some entrances into our interior which are of such + vast extent that it would be utterly impossible for any + works, however extensive or well posted, to command them. Of + this class the Chesapeake Bay, which is an arm of the sea, + may be given as an example. But, in my judgment, even this + bay may be defended against any power with whom we may be + involved in war as a third party in the defense of our + neutral rights. By erecting strong works at the mouth of + James River, on both sides, near the capes, as we are now + doing, and at Old Point Comfort and the Rip Raps, and + connecting those works together by chains whenever the + enemy's force appeared, placing in the rear some large ships + and steam batteries, the passage up the river would be + rendered impracticable. This guard would also tend to protect + the whole country bordering on the bay and rivers emptying + into it, as the hazard would be too great for the enemy, + however strong his naval force, to ascend the bay and leave + such a naval force behind; since, in the event of a storm, + whereby his vessels might be separated, or of a calm, the + ships and steam batteries behind the works might rush forth + and destroy them. It could only be in the event of an + invasion by a great power or a combination of several powers, + and by land as well as by naval forces, that those works + could be carried; and even then they could not fail to retard + the movement of the enemy into the country and to give time + for the collection of our regular troops, militia, and + volunteers to that point, and thereby contribute essentially + to his ultimate defeat and expulsion from our territory. + </p> + <p> + Under a strong impression that a peace establishment of our + Navy is connected with the possible event of war, and that + the naval force intended for either state, however small it + may be, is connected with the general system of public + defense, I have thought it proper in communicating this + report to submit these remarks on the whole subject. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 2, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 11th of December last, requesting the + President of the United States to communicate to the House + all such parts of the correspondence with the Government of + Spain relating to the Florida treaty to the period of its + final ratification, not heretofore communicated, which, in + his opinion, it might not be inconsistent with the public + interest to communicate, I herewith transmit a report from + the Secretary of State, with copies of the correspondence + requested. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 23, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + The House of Representatives on the 12th instant having + "resolved that the President of the United States be + requested to inform this House whether the rules and + regulations compiled by General Scott for the government of + the Army are now in force in the Army, or any part thereof, + and by what authority the same has been adopted and + enforced," I herewith transmit a report from the Department + of War, which contains the information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 23, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + Agreeably to a resolution of the House of Representatives of + the 11th instant, requesting the President of the United + States "to inform this House if the line intended to + constitute the western boundary of the Territory of Arkansas + has been run in conformity with the provisions of the third + section of the act of Congress of the 3d of March, 1823, + entitled 'An act making appropriation for the military + service of the United States for the year 1823, and for other + purposes,' and, if said line has not been run, that he inform + this House what instructions have been given or measures + adopted in relation to the execution of the provision of the + law, and what causes have prevented said line from being + run," I herewith transmit a report from the Secretary of War, + which contains the information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 23, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + The House of Representatives on the 26th ultimo having + "resolved that the President of the United States be + requested to cause to be laid before the House an estimate of + the expense which would be incurred by transporting 200 of + the troops now at the Council Bluffs to the mouth of the + Columbia or Oregon River," I herewith transmit a report of + the Secretary of War, which contains the information + required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 23, 1824</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I herewith transmit to Congress certain documents relating to + a claim of Massachusetts for services rendered by the militia + of that State in the late war, and for which payment was made + by the State. From the particular circumstances attending + this claim I have thought it proper to submit the subject to + the consideration of Congress. + </p> + <p> + In forming a just estimate of this claim it will be necessary + to recur to the cause which prevented its admission, or the + admission of any part thereof, at an earlier day. It will be + recollected that when a call was made on the militia of that + State for service in the late war, under an arrangement which + was alike applicable to the militia of all the States and in + conformity with the acts of Congress, the executive of + Massachusetts refused to comply with the call, on the + principle that the power vested in Congress by the + Constitution to provide for calling forth the militia to + execute the laws of the Union, suppress insurrections, and + repel invasions was not a complete power for those purposes, + but conditional, and dependent on the consent of the + executives of the several States, and, also, that when called + into service, such consent being given, they could not be + commanded by a regular officer of the United States, or other + officer than of the militia, except by the President in + person. That this decision of the executive of Massachusetts + was repugnant to the Constitution of the United States, and + of dangerous tendency, especially when it is considered that + we were then engaged in a war with a powerful nation for the + defense of our common rights, was the decided opinion of this + Government; and when the period at which that decision was + formed was considered, it being as early as the 5th of + August, 1812, immediately after the war was declared, and + that it was not relinquished during the war, it was inferred + by the Executive of the United States that the decision of + the executive of that State was alike applicable to all the + services that were rendered by the militia of the State + during the war. + </p> + <p> + In the correspondence with the governor of Massachusetts at + that important epoch, and on that very interesting subject, + it was announced to him by the Secretary of War that if the + militia of the State were called into service by the + executive of the State, and not put under the command of the + Major-General of the United States, as the militia of the + other States were, the expense attending their service would + be chargeable to the State, and not to the United States. It + was also stated to him at the same time that any claim which + the State might have for the reimbursement of such expenses + could not be allowed by the Executive of the United States, + since it would involve principles on which that branch of the + Government could not decide. + </p> + <p> + Under these circumstances a decision on the claim of the + State of Massachusetts has hitherto been suspended, and it + need not be remarked that the suspension has proceeded from a + conviction that it would be improper to give any sanction by + its admission, or by the admission of any part thereof, + either to the construction of the Constitution contended for + by the then executive of that State or to its conduct at that + period toward the General Government and the Union. + </p> + <p> + In January, 1823, the Representatives in Congress from + Massachusetts and Maine suggested, by memorial, that the + constitutional objection could not apply to a portion of the + claim, and requested that the accounting officer of the + Government might be instructed to audit and admit such part + as might be free from that objection. In all cases where + claims are presented for militia service it is the duty and + the practice of the accounting officer to submit them to the + Department for instruction as to the legality of the claim; + that is, whether the service had been rendered by order of + the competent authority, or otherwise, under circumstances to + justify the claim against the United States, admitting that + the evidence in support of it should be satisfactory. To this + request there appeared to be no well-founded objection, under + the reservation as to the constitutional principle, and + accordingly an order was given to the accounting officers of + the Treasury to proceed in auditing the claim with that + reservation. + </p> + <p> + In conformity with this arrangement, the executive of + Massachusetts appointed two citizens of that State + commissioners to attend to the settlement of its claim, and + who, in execution of the trust reposed in them, have + presented to the accounting officer of the Treasury that + portion comprehending the services of the fifth division of + the militia of the State, which has been audited and reported + for consideration, subject to the objection above stated. I + have examined this report, with the documents presented by + the commissioners, and am of opinion that the services + rendered by that division were spontaneous, patriotic, and + proper, necessary for self-defense, to repel in some + instances actual invasion and in others to meet by adequate + preparation invasions that were menaced. The commissioners of + the State having intimated that other portions of service + stood on similar ground, the accounting officer has been + instructed, in auditing the whole, to do it in such manner as + to enable the Department to show distinctly under what + circumstances each portion of service was rendered, whether + voluntary, called out by invasion or the menace of invasion, + or by public authority, and in such case whether the militia + rendering such service was placed under the authority of the + United States or retained under that of the State. + </p> + <p> + It affords me great pleasure to state that the present + executive of Massachusetts has disclaimed the principle which + was maintained by the former executive, and that in this + disclaimer both branches of the legislature have concurred. + By this renunciation the State is placed on the same ground + in this respect with the other States, and this very + distressing anomaly in our system is removed. It is well + known that the great body of our fellow-citizens in + Massachusetts are as firmly devoted to our Union and to the + free republican principles of our Government as our + fellow-citizens of the other States. Of this important truth + their conduct in every stage of our Revolutionary struggle + and in many other emergencies bears ample testimony; and I + add with profound interest and a thorough conviction that, + although the difficulty adverted to in the late war with + their executive excited equal surprise and regret, it was not + believed to extend to them. There never was a moment when the + confidence of the Government in the great body of our + fellow-citizens of that State was impaired, nor is a doubt + entertained that they were at all times willing and ready to + support their rights and repel an invasion by the enemy. + </p> + <p> + The commissioners of Massachusetts have urged, in compliance + with their instructions, the payment of so much of their + claim as applies to the services rendered by the fifth + division, which have been audited, and I should have no + hesitation in admitting it if I did not think, under all the + circumstances of the case, that the claim in all its parts + was cognizable by Congress alone. The period at which the + constitutional difficulty was raised by the executive of the + State was in the highest degree important, as was the + tendency of the principle for which it contended, and which + was adhered to during the war. The public mind throughout the + Union was much excited by that occurrence, and great + solicitude was felt as to its consequences. The Executive of + the United States was bound to maintain, and did maintain, a + just construction of the Constitution, in doing which it is + gratifying to recollect that the most friendly feelings were + cherished toward their brethren of that State. The executive + of the State was warned, in the correspondence which then + took place, of the light in which its conduct was viewed and + of the effect it would have, so far as related to the right + of the Executive of the United States, on any claim which + might afterwards be presented by the State to compensation + for such services. Under these circumstances the power of the + Executive of the United States to settle any portion of this + claim seems to be precluded. It seems proper, also, that this + claim should be decided on full investigation before the + public, that the principle on which it is decided may be + thoroughly understood by our fellow-citizens of every State, + which can be done by Congress alone, who alone, also, possess + the power to pass laws which may be necessary to carry such + decision into effect. + </p> + <p> + In submitting this subject to the calm and enlightened + judgment of Congress, I do it with peculiar satisfaction, + from a knowledge that you are now placed, by the course of + events, in a situation which will enable you to adopt such + measures as will not only comport with the sound principles + of our Government, but likewise be conducive to other the + highest interests of our Union. By the renunciation of the + principle maintained by the then executive of Massachusetts, + as has been done by its present executive and both branches + of the legislature in the most formal manner and in accord + with the sentiments of the great body of the people, the + Constitution is restored in a very important feature (that + connected with the public defense) and in the most important + branch (that of the militia) to its native strength. It is + very gratifying to know that this renunciation has been + produced by the regular, orderly, and pacific operation of + our republican system, whereby those who were in the right at + the moment of difficulty and who sustained the Government + with great firmness have daily gained strength until this + result was accomplished. The points on which you will have to + decide are, What is fairly due for the services which were + actually rendered? By what means shall we contribute most to + cement the Union and give the greatest support to our most + excellent Constitution? In seeking each object separately we + are led to the same result. All that can be claimed by our + fellow-citizens of Massachusetts is that the constitutional + objection be waived, and that they be placed on the same + footing with their brethren in the other States; that + regarding the services rendered by the militia of other + States, for which compensation has been made, giving to the + rule the most liberal construction, like compensation be made + for similar services rendered by the militia of that State. + </p> + <p> + I have been led to conclude on great consideration that the + principles of justice as well as a due regard for the great + interests of our Union require that this claim in the extent + proposed should be acceded to. Essential service was rendered + in the late war by the militia of Massachusetts, and with the + most patriotic motives. It seems just, therefore, that they + should be compensated for such services in like manner with + the militia of the other States. The constitutional + difficulty did not originate with them, and has now been + removed. It comports with our system to look to the service + rendered and to the intention with which it was rendered, and + to award the compensation accordingly, especially as it may + now be done without the sacrifice of principle. The motive in + this instance is the stronger because well satisfied I am + that by so doing we shall give the most effectual support to + our republican institutions. No latent cause of discontent + will be left behind. The great body of the people will be + gratified, and even those who now survive who were then in + error can not fail to see with interest and satisfaction this + distressing occurrence thus happily terminated. I therefore + consider it my duty to recommend it to Congress to make + provision for the settlement of the claim of Massachusetts + for services rendered in the late war by the militia of the + State, in conformity with the rules which have governed in + the settlement of the claims for services rendered by the + militia of the other States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 24, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit herewith a report of the Secretary of War, + containing the information called for by a resolution of the + House of Representatives of the United States, passed on the + 4th instant, respecting any suit or suits which have been or + are now depending, in which the United States are interested, + for the recovery of the Pea Patch. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 25, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In conformity with the resolution of the House of + Representatives of the 17th instant, I now transmit the + report of the Secretary of the Navy, accompanied by + statements marked A and B, shewing "the amount of money + expended in conformity with the provisions of the act + entitled 'An act for the gradual increase of the Navy of the + United States,' approved April 29, 1816, and of the act to + amend said act, approved 3d of March, 1821; also the number + of vessels built or now on the stocks, with their rates, the + value of the timber purchased, or for which contracts have + been made, and whether sufficient timber has been purchased + or contracted for to build the vessels contemplated by the + provisions of said acts." + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 3, 1824. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate a report of the Secretary of the + Treasury, containing copies of the contracts made by the + Surveyor-General, and called for by a resolution of the + Senate bearing date the 24th February, 1824. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 4, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit a report of the Secretary of the Treasury, which + communicates all the information in possession of the + Department called for by a resolution of the House requesting + a copy of the report of the register of the land office in + the eastern district of Louisiana, bearing date the 6th of + January, 1821, together with all the information from the + said register to the Treasury Department. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 4, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 1st March, 1823, requesting + information of the number and position of the permanent + fortifications which have been and are now erecting for the + defense of the coasts, harbors, and frontiers of the United + States, with the classification and magnitude of each, with + the amount expended on each, showing the work done and to be + done, the number of guns of every caliber for each + fortification, the total cost of a complete armament for + each, the force required to garrison each in time of peace + and of war, I transmit to the House a report from the + Secretary of War containing the information required by the + resolution. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 8, 1824</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + On the 3d March, 1819, James Miller was first commissioned as + governor of the Territory of Arkansas for the term of three + years from that date. + </p> + <p> + Before the expiration of that time, and in the winter of + 1821-22, a nomination of him for reappointment was intended, + and believed by me to have been made to the Senate, and to + have received the confirmation of that body. + </p> + <p> + By some accident, the cause of which is unknown, it appears + that this impression was erroneous, and in December, 1822, it + was discovered that Mr. Miller had not then been + recommissioned, though in the confidence that he had been he + had continued to act in that capacity. He was then + renominated to the Senate, with the additional proposal that + his commission should take effect from 3d March, 1822, when + his first commission had expired. + </p> + <p> + The nomination was confirmed by the Senate so far as regarded + the appointment, but without concurrence in the retrospective + effect proposed to be given to the commission. + </p> + <p> + His second commission, therefore, bears date on the 3d + January, 1823, and the interposition of the Legislature + becomes necessary to legalize his official acts in the + interval between 3d March, 1822, and that time, a subject + which I recommend to the consideration of Congress. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 17, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 17th of February last, requesting + "information whether any measures had been taken for carrying + into effect the resolution of Congress of June 17, 1777, + directing a monument to be erected to the memory of David + Wooster, a brigadier-general in the Army of the United + States, who fell in defending the liberties of America and + bravely repelling an inroad of the British forces to Danbury, + in Connecticut," I have caused the necessary inquiries to be + made, and find by the report of the Register of the Treasury + that no monument has been erected to the memory of that + patriotic and gallant officer, nor has any money been paid to + the executive of Connecticut on that account. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 25, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 25th of February, requesting + information whether the title of the United Brethren for + Propagating the Gospel among the Heathen to certain sections + of land in Ohio has been purchased for the United States, + and, if so, to cause a copy of the contract and of the papers + relating thereto to be laid before the House, I transmit + herewith all the documents required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 25, 1824</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Having seen with regret that occasional errors have been made + in nominations to the Senate, sometimes by the omission of a + letter in the name, proceeding from casualties in the + Departments and in my own office, it would be satisfactory to + me if an arrangement could be made whereby such errors might + be corrected without the formality of a special message. + Where there is an accord as to the person there seems to be + no reason for resorting to a renomination for the correction + of such trivial errors. Any mode which the Senate may adopt + will be satisfactory to me. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 25, 1824. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Having stated to Congress on the 7th of December last that + Daniel D. Tompkins, late governor of New York, was entitled + to a larger sum than that reported in his favor by the + accounting officers of the Government, and that in the + execution of the law of the last session I had the subject + still under consideration, I now communicate to you the + result. + </p> + <p> + On full consideration of the law by which this duty was + enjoined on me and of the report of the committee on the + basis of which the law was founded, I have thought that I was + authorized to adopt the principles laid down in that report + in deciding on the sum which should be allowed to him for his + services. With this view and on a comparison of his services + with those which were rendered by other disbursing officers, + taking into consideration also his aid in obtaining loans, I + had decided to allow him 5 per cent for all sums borrowed and + disbursed by him, and of which decision I informed him. Mr. + Tompkins has since stated to me that this allowance will not + indemnify him for his advances, loans, expenditures, and + losses in rendering those services, nor place him on the + footing of those who loaned money to the Government at that + interesting period. He has also expressed a desire that I + would submit the subject to the final decision of Congress, + which I now do. In adopting this measure I think proper to + add that I concur fully in the sentiments expressed by the + committee in favor of the very patriotic and valuable + services which were rendered by Mr. Tompkins in the late war. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 28, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit a report of the Secretary of War, + together with a report from the Commissioner of the General + Land Office, accompanied by the necessary documents, + communicating the information heretofore requested by a + resolution of the House in relation to the salt springs, lead + and copper mines, together with the probable value of each of + them and of the reservations attached to each, the extent to + which they have been worked, the advantages and proximity of + each to navigable waters, and the origin, nature, and extent + of any claim made to them by individuals or companies, which + reports contain all the information at present possessed on + the subjects of the said resolution. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MARCH 30, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 14th instant, requesting information + whether an advance of compensation had been made to any of + the commissioners who had been appointed for the examination + of titles and claims to land in Florida, and by what + authority such advance, if any, had been made, I transmit a + report of the Secretary of State, which contains the + information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 30, 1824</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress certain papers enumerated in a report + from the Secretary of War, relating to the compact between + the United States and the State of Georgia entered into in + 1802, whereby the latter ceded to the former a portion of the + territory then within its limits on the conditions therein + specified. By the fourth article of that compact it was + stipulated that the United States should at their own expense + extinguish for the use of Georgia the Indian title to all the + lands within the State as soon as it might be done + <i>peaceably</i> and on <i>reasonable</i> conditions. These + papers show the measures adopted by the Executive of the + United States in fulfillment of the several conditions of the + compact from its date to the present time, and particularly + the negotiations and treaties with the Indian tribes for the + extinguishment of their title, with an estimate of the number + of acres purchased and sums paid for lands they acquired. + They show also the state in which this interesting concern + now rests with the Cherokees, one of the tribes within the + State, and the inability of the Executive to make any further + movement with this tribe without the special sanction of + Congress. + </p> + <p> + I have full confidence that my predecessors exerted their + best endeavors to execute this compact in all its parts, of + which, indeed, the sums paid and the lands acquired during + their respective terms in fulfillment of its several + stipulations are a full proof. I have also been animated + since I came into this office with the same zeal, from an + anxious desire to meet the wishes of the State, and in the + hope that by the establishment of these tribes beyond the + Mississippi their improvement in civilization, their security + and happiness would be promoted. By the paper bearing date on + the 30th of January last, which was communicated to the + chiefs of the Cherokee Nation in this city, who came to + protest against any further appropriations of money for + holding treaties with them, the obligation imposed on the + United States by the compact with Georgia to extinguish the + Indian title to the right of soil within the State, and the + incompatibility with our system of their existence as a + distinct community within any State, were pressed with the + utmost earnestness. It was proposed to them at the same time + to procure and convey to them territory beyond the + Mississippi in exchange for that which they hold within the + limits of Georgia, or to pay them for it its value in money. + To this proposal their answer, which bears date 11th of + February following, gives an unqualified refusal. By this it + is manifest that at the present time and in their present + temper they can be removed only by force, to which, should it + be deemed proper, the power of the Executive is incompetent. + </p> + <p> + I have no hesitation, however, to declare it as my opinion + that the Indian title was not affected in the slightest + circumstance by the compact with Georgia, and that there is + no obligation on the United States to remove the Indians by + force. The express stipulation of the compact that their + title should be extinguished at the expense of the United + States when it may be done <i>peaceably</i> and on + <i>reasonable</i> conditions is a full proof that it was the + clear and distinct understanding of both parties to it that + the Indians had a right to the territory, in the disposal of + which they were to be regarded as free agents. An attempt to + remove them by force would, in my opinion, be unjust. In the + future measures to be adopted in regard to the Indians within + our limits, and, in consequence, within the limits of any + State, the United States have duties to perform and a + character to sustain to which they ought not to be + indifferent. At an early period their improvement in the arts + of civilized life was made an object with the Government, and + that has since been persevered in. This policy was dictated + by motives of humanity to the aborigines of the country, and + under a firm conviction that the right to adopt and pursue it + was equally applicable to all the tribes within our limits. + </p> + <p> + My impression is equally strong that it would promote + essentially the security and happiness of the tribes within + our limits if they could be prevailed on to retire west and + north of our States and Territories on lands to be procured + for them by the United States, in exchange for those on which + they now reside. Surrounded as they are, and pressed as they + will be, on every side by the white population, it will be + difficult if not impossible for them, with their kind of + government, to sustain order among them. Their interior will + be exposed to frequent disturbances, to remedy which the + interposition of the United States will be indispensable, and + thus their government will gradually lose its authority until + it is annihilated. In this process the moral character of the + tribes will also be lost, since the change will be too rapid + to admit their improvement in civilization to enable them to + institute and sustain a government founded on our principles, + if such a change were compatible either with the compact with + Georgia or with our general system, or to become members of a + State, should any State be willing to adopt them in such + numbers, regarding the good order, peace, and tranquillity of + such State. But all these evils may be avoided if these + tribes will consent to remove beyond the limits of our + present States and Territories. Lands equally good, and + perhaps more fertile, may be procured for them in those + quarters. The relations between the United States and such + Indians would still be the same. + </p> + <p> + Considerations of humanity and benevolence, which have now + great weight, would operate in that event with an augmented + force, since we should feel sensibly the obligation imposed + on us by the accommodation which they thereby afforded us. + Placed at ease, as the United States would then be, the + improvement of those tribes in civilization and in all the + arts and usages of civilized life would become the part of a + general system which might be adopted on great consideration, + and in which every portion of our Union would then take an + equal interest. These views have steadily been pursued by the + Executive, and the moneys which have been placed at its + disposal have been so applied in the manner best calculated, + according to its judgment, to produce this desirable result, + as will appear by the documents which accompany the report of + the Secretary of War. + </p> + <p> + I submit this subject to the consideration of Congress under + a high sense of its importance and of the propriety of an + early decision on it. This compact gives a claim to the State + which ought to be executed in all its conditions with perfect + good faith. In doing this, however, it is the duty of the + United States to regard its strict import, and to make no + sacrifice of their interest not called for by the compact nor + contemplated by either of the parties when it was entered + into, nor to commit any breach of right or of humanity in + regard to the Indians repugnant to the judgment and revolting + to the feelings of the whole American people. I submit the + subject to your consideration, in full confidence that you + will duly weigh the obligations of the compact with Georgia, + its import in all its parts, and the extent to which the + United States are bound to go under it. I submit it with + equal confidence that you will also weigh the nature of the + Indian title to the territory within the limits of any State, + with the stipulations in the several treaties with this tribe + respecting territory held by it within the State of Georgia, + and decide whether any measure on the part of Congress is + called for at the present time, and what such measure shall + be if any is deemed expedient. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 9, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit the report of the Secretary of War, with + the accompanying documents, containing the information + requested by a resolution of the House of the 10th ultimo, + and which communicates the accounts of all the generals of + the Army, likewise of the Inspector-General, the chiefs of + the Engineer and Ordnance Corps, and Surgeon-General for the + two years preceding the 30th of September last; also shewing + the amount of money paid to each under the different heads of + pay, fuel, straw, quarters, transportation, and all other + extra and contingent allowances; which report, together with + the statements herewith transmitted, furnishes all the + information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The executive of Virginia having requested payment of the + amount of interest paid by the State for moneys borrowed and + paid by it for services rendered by the militia in the late + war, and such claim not being allowable according to the + uniform decisions of the accounting officers of the + Government, I submit the subject to your consideration, with + a report from the Secretary of War and all the documents + connected with it. + </p> + <p> + The following are the circumstances on which this claim is + founded: From an early stage of the war the squadrons of the + enemy entered occasionally the Chesapeake Bay, and, menacing + its shores and those of the principal rivers emptying into + it, subjected the neighboring militia to calls from the local + authorities for the defense of the parts thus menaced. The + pressure was most sensibly felt in 1814, after the attack on + this city and its capture, when the invading force, retiring + to its squadron, menaced alike Baltimore, Norfolk, and + Richmond. The attack on this city had induced a call by the + Department of War for large detachments of the militia of + Pennsylvania, Maryland, and Virginia, which, being collected + in this quarter, and the enemy bearing, in the first + instance, on Baltimore, were ordered to its defense. As early + as the 31st of August notice was given by the Secretary of + War to the governor of Virginia of the position of the enemy + and of the danger to which Richmond as well as Norfolk and + Baltimore were exposed, and he was also authorized and + enjoined to be on his guard, prepared at every point and in + every circumstance to meet and repel the invaders. This + notice was repeated several times afterwards, until the enemy + left the bay and moved to the south. + </p> + <p> + In the course of the war the State had augmented its taxes to + meet the pressure, but the funds being still inadequate, it + borrowed money to a considerable amount, which was applied to + the payment of the militia for the services thus rendered. + The calls which had been made, except for the brigades in + this quarter and at Norfolk, being made by the State, the + settlement with those corps and the payment for their + services were made according to the rules and usage of the + Department by the State and not by the United States. On the + settlement by the State, after the peace, with the accounting + officers of the Government the reimbursement of the interest + which the State had paid on the sums thus borrowed and paid + to the militia was claimed, but not allowed for the reason + above stated. It is this claim which I now submit to the + consideration of Congress. + </p> + <p> + It need scarcely be remarked that where a State advances + money for the use of the General Government for a purpose + authorized by it that the claim for the interest on the + amount thus advanced, which has been paid by the State, is + reasonable and just. The claim is the stronger under the + circumstance which existed when those advances were made, it + being at a period of great difficulty, when the United States + were compelled to borrow very large sums for the prosecution + of the war. Had the State not borrowed this money the + militia, whose services have been recognized since by the + nation, must have been disbanded and the State left without + defense. + </p> + <p> + The claim is, in my opinion, equally well founded where a + State advances money which it has in its treasury, or which + it raises by taxes, to meet the current demand. + </p> + <p> + In submitting this claim to your consideration it is proper + to observe that many other States have like claims with those + of Virginia, and that all those similarly circumstanced + should be placed on the same footing. + </p> + <p> + I invite your attention to a principle which is deemed just, + and with a view that the provision which may be made + respecting it may be extended alike to all the States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + APRIL, 12, 1824. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL, 16, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 8th of April, requesting information + whether the fifth section of the act of the 3d March, 1803, + relating to a township of land lying within John Cleves + Symmes's patent, had been executed, and, if not, what reasons + had prevented it, I transmit a report from the Secretary of + the Treasury, which affords the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL, 16, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives a report of the + Secretary of War, containing the information requested by a + resolution of the House dated 25th ultimo, shewing the reason + why the engineers appointed to examine the most suitable site + for a national armory on the Western waters have not made + their report. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL, 16, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a report + from the Secretary of War, which contains the information + requested by a resolution of the 8th instant, respecting the + proposals that were made by certain Indians, therein + described, of the Cherokee Nation for the cession of their + lands to the United States. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 18, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 13th instant, requesting a detailed + account of the disbursement of the sums appropriated by the + acts of the 30th April, 1818, and of the 3d March, 1819, for + making certain improvements in the grounds connected with the + public offices and the President's house, I transmit a report + from the Commissioner of the Public Buildings, which contains + the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL, 23, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In conformity with a resolution of the House of + Representatives of yesterday, I have received a copy of the + proceedings of the committee to whom was referred a + communication from Ninian Edwards, lately appointed a + minister plenipotentiary to Mexico, in which it is decided + that his attendance in this city for the purpose of being + examined by the committee on matters contained in the said + communication was requisite. As soon as I was apprised that + such a communication had been made to the House, anticipating + that the attendance of Mr. Edwards might be desired for the + purpose stated, I thought it proper that he should be + informed thereof, and instructed him not to proceed on his + mission, but to await such call as might be made on him + either by the House or its committee, and in consequence a + letter was addressed to him to that effect by the Secretary + of State. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 27, 1824. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In conformity with the resolution of the Senate of the 19th + instant, requesting information whether the Executive, + through the agency of the War Department, borrowed any money + during the late war, under the condition of applying the same + to the defense of the State wherein the said loans were made, + to what amount, and whether interest was paid by the United + States for such loans, etc., I herewith transmit a report + from the Secretary of War containing all the information in + that Department in relation to the resolution. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL, 28, 1824. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + The House of Representatives having referred back the + accounts and claims of Daniel D. Tompkins, late governor of + New York, to be settled on the principles established by the + report of the committee and the law founded on it in the last + session I have reconsidered the subject, and now communicate + the result. + </p> + <p> + By the report of the committee, which it was understood was + adopted by the House, it was decided that his accounts and + claims should be settled on the four following principles: + </p> + <p> + First. That interest should be allowed him on all moneys + advanced by him for the public from the time of the advance + to that of his being reimbursed. + </p> + <p> + Second. That a reasonable commission should be allowed him on + all moneys disbursed by him during the late war. + </p> + <p> + Third. That an indemnity should be allowed for all losses + which he had sustained by the failure of the Government to + fulfill its engagements to send him money or Treasury notes + within the time specified to be deposited in certain banks as + collateral security for loans procured by him at the request + and on account of the Government. + </p> + <p> + Fourth. That he should not be held responsible for losses + incurred by the frauds and failures of subagents to whom + moneys were advanced through his hands. + </p> + <p> + On the first, that of interest on his advances for the + public, I have allowed him $14,438.68. This allowance is made + on advances admitted by the accounting department, and on the + declaration of Mr. Tompkins that the remittances made to him, + after his advances and previous to the 24th of December, + 1814, when a very large sum was remitted to him, were applied + to public purposes and not to the reimbursement of his + advances. + </p> + <p> + On the second head, that of a reasonable commission for his + disbursements during the late war, I have allowed him 5 per + cent on the whole sum disbursed by him, amounting to + $92,213.13. I have made him this extra allowance in + consideration of the aid which he afforded to the Government + at that important epoch in obtaining the loan of a + considerable part of the sums thus disbursed. + </p> + <p> + On the third head, that of an indemnity for losses sustained + by him in consequence of the failure of the Government to + fulfill its engagements to send him money or Treasury notes + within the time specified, I have allowed him $4,411.25, + being the amount of the loss sustained on the sale of + Treasury notes, for which he was responsible. + </p> + <p> + On the fourth head, that of losses sustained by him by any + frauds or failures of subagents, none such having been shewn + no allowance whatever has been made to him. + </p> + <p> + From the amount thus allowed to Mr. Tompkins after deducting + the sum paid him under the act of the present session and the + moneys charged to his account there will remain a balance due + him of $60,238.46, as appears by the sketch herewith + communicated. + </p> + <p> + In making a final decision on Mr. Tompkins's claims a + question arises, Shall interest be allowed him on the amount + of the commission on his disbursements? The law of the last + session grants to the President a power to allow interest on + moneys advanced by him to the public, but does not authorize + it on the commission to be allowed on his disbursements. To + make such allowance belongs exclusively to Congress. Had his + claims been settled at the end of the last war on the + principles established by the law of the last session a + commission on disbursements would then have been allowed him. + This consideration operates with great force in favor of the + allowance of interest on that commission at this time, which + I recommend to Congress. + </p> + <p> + I think proper to add that the official relation which I bore + to Governor Tompkins at that very interesting epoch, under + the highly distinguished and meritorious citizen under whom + we both served, enabling me to feel very sensibly the value + of his services, excites a strong interest in his favor, + which I deem it not improper to express. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 30, 1824</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, for their constitutional advice + with regard to its ratification, a convention for the + suppression of the African slave trade, signed at London on + the 13th ultimo by the minister of the United States residing + there on their part, with the plenipotentiaries of the + British Government on the part of that nation, together with + the correspondence relating thereto, a part of which is + included in a communication made to the House of + Representatives on the 19th ultimo, a printed copy of which + is among the documents herewith sent. + </p> + <p> + Motives of accommodation to the wishes of the British + Government render it desirable that the Senate should act + definitively upon this convention as speedily as may be found + convenient. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 30, 1824. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I communicate to the Senate a treaty entered into with the + Cherokee Nation as early as 1804, but which, owing to causes + not now understood, has never been carried into effect. Of + the authenticity of the transaction a report from the + Secretary of War, with the documents accompanying it, + furnishes the most unquestionable proof. I submit it to the + Senate for its advice and consent as to the ratification. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 7, 1824</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I communicate herewith to the Senate a report from the + Secretary of State, with the documents relating to the + present state of the commercial intercourse between the + United States and Portugal, requested by the resolution of + the Senate of the 13th ultimo. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MAY 11, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a report + of the Secretary of War, containing the information called + for by the resolution of the 10th of March, requesting the + names of all the officers of the Army who have been + brevetted, stating their lineal rank and brevet rank, when + brevetted, and the amount of money paid to each and when + paid, which report, with the accompanying documents, contains + the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MAY 13, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 15th of April, requesting the + President to cause to be communicated to the House a + statement of the supplies which have been sent from the + United States to any ports of South America for the use of + our squadron in the Pacific Ocean, of the amount paid for + such supplies, with the names of the owners of the vessels, + and other details therein specified, I transmit herewith a + report from the Secretary of the Navy, which, with the + documents accompanying it, furnishes the information desired. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MAY 14, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a report + of the Secretary of the Navy, together with the proceedings + of a court-martial lately held at Norfolk for the trial of + Lieutenant Beverly Kennon, as requested by a resolution of + the House bearing date the 25th of April, 1824. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 18, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I communicate to the House a report, with accompanying + documents, received from Alexander Hamilton, one of the + commissioners of land titles in East Florida, deeming the + statements therein contained to be worthy of the particular + attention of the House, and of a nature which may, perhaps, + require their interposition or that of both branches of the + Legislature. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 21, 1824</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Apprehending from the delay in the decision that some + difficulty exists with the Senate respecting the ratification + of the convention lately concluded with the British + Government for the suppression of the slave trade by making + it piratical, I deem it proper to communicate for your + consideration such views as appear to me to merit attention. + Charged as the Executive is, and as I have long been, with + maintaining the political relations between the United States + and other nations, I consider it my duty, in submitting for + your advice and consent as to the ratification any treaty or + convention which has been agreed on with another power, to + explain, when the occasion requires it, all the reasons which + induced the measure. It is by such full and frank explanation + only that the Senate can be enabled to discharge the high + trust reposed in them with advantage to their country. Having + the instrument before them, with the views which guided the + Executive in forming it, the Senate will possess all the + light necessary to a sound decision. + </p> + <p> + By an act of Congress of 15th May, 1820, the slave trade, as + described by that act, was made piratical, and all such of + our citizens as might be found engaged in that trade were + subjected, on conviction thereof by the circuit courts of the + United States, to capital punishment. To communicate more + distinctly the import of that act, I refer to its fourth and + fifth sections, which are in the following words: + </p> + <p class="q"> + SEC. 4. <i>And be it further enacted</i>, That if any citizen + of the United States, being of the crew or ship's company of + any foreign ship or vessel engaged in the slave trade, or any + person whatever, being of the crew or ship's company of any + ship or vessel owned in the whole or part or navigated for or + in behalf of any citizen or citizens of the United States, + shall land from any such ship or vessel, and on any foreign + shore seize any Negro or Mulatto not held to service or labor + by the laws of either of the States or Territories of the + United States, with intent to make such Negro or Mulatto a + slave, or shall decoy or forcibly bring or carry, or shall + receive, such Negro or Mulatto on board any such ship or + vessel, with intent as aforesaid, such citizen or person + shall be adjudged a pirate, and on conviction thereof before + the circuit court of the United States for the district + wherein he may be brought or found shall suffer death. + </p> + <p class="q"> + SEC. 5. <i>And be it further enacted</i>, That if any citizen + of the United States, being of the crew or ship's company of + any foreign ship or vessel engaged in the slave trade, or any + person whatever, being of the crew or ship's company of any + ship or vessel owned wholly or in part, or navigated for or + in behalf of, any citizen or citizens of the United States, + shall forcibly confine or detain, or aid and abet in forcibly + confining or detaining, on board such ship or vessel any + Negro or Mulatto not held to service by the laws of either of + the States or Territories of the United States, with intent + to make such Negro or Mulatto a slave, or shall on board any + such ship or vessel offer or attempt to sell as a slave any + Negro or Mulatto not held to service as aforesaid, or shall + on the high seas or anywhere on tide water transfer or + deliver over to any other ship or vessel any Negro or Mulatto + not held to service as aforesaid, with intent to make such + Negro or mulatto a slave, or shall land or deliver on shore + from on board any such ship or vessel any such Negro or + mulatto, with intent to make sale of, or having previously + sold such Negro or Mulatto as a slave, such citizen or person + shall be adjudged a pirate, and on conviction thereof before + the circuit court of the United States for the district + wherein he may be brought or found shall suffer death. + </p> + <p> + And on the 28th February, 1823, the House of Representatives, + by a majority of 131 to 9, passed a resolution to the + following effect: + </p> + <p class="q"> + <i>Resolved</i>, That the President of the United States be + requested to enter upon and prosecute from time to time such + negotiations with the several maritime powers of Europe and + America as he may deem expedient for the effectual abolition + of the African slave trade and its ultimate denunciation as + piracy under the law of nations, by the consent of the + civilized world. + </p> + <p> + By the act of Congress above referred to, whereby the most + effectual means that could be devised were adopted for the + extirpation of the slave trade, the wish of the United States + was explicitly declared, that all nations might concur in a + similar policy. It could only be by such concurrence that the + great object could be accomplished, and it was by negotiation + and treaty alone that such concurrence could be obtained, + commencing with one power and extending it to others. The + course, therefore, which the Executive, who had concurred in + the act, had to pursue was distinctly marked out for it. Had + there, however, been any doubt respecting it, the resolution + of the House of Representatives, the branch which might with + strict propriety express its opinion, could not fail to have + removed it. + </p> + <p> + By the tenth article of the treaty of peace between the + United States and Great Britain, concluded at Ghent, it was + stipulated that both parties should use their best endeavors + to accomplish the abolition of the African slave trade. This + object has been accordingly pursued by both Governments with + great earnestness, by separate acts of legislation, and by + negotiation almost uninterrupted, with the purpose of + establishing a conceit between them in some measure which + might secure its accomplishment. + </p> + <p> + Great Britain in her negotiations with other powers had + concluded treaties with Spain, Portugal, and the Netherlands, + in which, without constituting the crime as piracy or + classing it with crimes of that denomination, the parties had + conceded to the naval officers of each other the right of + search and capture of the vessels of either that might be + engaged in the slave trade, and had instituted courts + consisting of judges, subjects of both parties, for the trial + of the vessels so captured. + </p> + <p> + In the negotiations with the United States Great Britain had + earnestly and repeatedly pressed on them the adoption of + similar provisions. They had been resisted by the Executive + on two grounds: One, that the constitution of mixed tribunals + was incompatible with their Constitution; and the other, that + the concession of the right of search in time of peace for an + offense not piratical would be repugnant to the feelings of + the nation and of dangerous tendency. The right of search is + the right of war of the belligerent toward the neutral. To + extend it in time of peace to any object whatever might + establish a precedent which might lead to others with some + powers, and which, even if confined to the instance + specified, might be subject to great abuse. + </p> + <p> + Animated by an ardent desire to suppress this trade, the + United States took stronger ground by making it, by the act + above referred to, piratical, a measure more adequate to the + end and free from many of the objections applicable to the + plan which had been proposed to them. It is this alternative + which the Executive, under the sanction and injunctions above + stated, offered to the British Government, and which that + Government has accepted. By making the crime piracy the right + of search attaches to the crime, and which when adopted by + all nations will be common to all; and that it will be so + adopted may fairly be presumed if steadily persevered in by + the parties to the present convention. In the meantime, and + with a view to a fair experiment, the obvious course seems to + be to carry into effect with every power such treaty as may + be made with each in succession. + </p> + <p> + In presenting this alternative to the British Government it + was made an indispensable condition that the trade should be + made piratical by act of Parliament, as it had been by an act + of Congress. This was provided for in the convention, and has + since been complied with. In this respect, therefore, the + nations rest on the same ground. Suitable provisions have + also been adopted to protect each party from the abuse of the + power granted to the public ships of the other. Instead of + subjecting the persons detected in the slave trade to trial + by the courts of the captors, as would be the case if such + trade was piracy by the laws of nations, it is stipulated + that until that event they shall be tried by the courts of + their own country only. Hence there could be no motive for an + abuse of the right of search, since such abuse could not fail + to terminate to the injury of the captor. + </p> + <p> + Should this convention be adopted, there is every reason to + believe that it will be the commencement of a system destined + to accomplish the entire abolition of the slave trade. Great + Britain, by making it her own, confessedly adopted at the + suggestion of the United States, and being pledged to propose + and urge its adoption by other nations in concert with the + United States, will find it for her interest to abandon the + less-effective system of her previous treaties with Spain, + Portugal, and the Netherlands, and to urge on those and other + powers their accession to this. The crime will then be + universally proscribed as piracy, and the traffic be + suppressed forever. + </p> + <p> + Other considerations of high importance urge the adoption of + this convention. We have at this moment pending with Great + Britain sundry other negotiations intimately connected with + the welfare and even the peace of our Union. In one of them + nearly a third part of the territory of the State of Maine is + in contestation. In another the navigation of the St. + Lawrence, the admission of consuls into the British islands, + and a system of commercial intercourse between the United + States and all the British possessions in this hemisphere are + subjects of discussion. In a third our territorial and other + rights upon the northwest coast are to be adjusted, while a + negotiation on the same interest is opened with Russia. In a + fourth all the most important controvertible points of + maritime law in time of war are brought under consideration, + and in the fifth the whole system of South American concerns, + connected with a general recognition of South American + independence, may again from hour to hour become, as it has + already been, an object of concerted operations of the + highest interest to both nations and to the peace of the + world. + </p> + <p> + It can not be disguised that the rejection of this convention + can not fail to have a very injurious influence on the good + understanding between the two Governments on all these + points. That it would place the Executive Administration + under embarrassment, and subject it, the Congress, and the + nation to the charge of insincerity respecting the great + result of the final suppression of the slave trade, and that + its first and indispensable consequence will be to constrain + the Executive to suspend all further negotiation with every + European and American power to which overtures have been made + in compliance with the resolution of the House of + Representatives of 28th February, 1823, must be obvious. To + invite all nations, with the statute of piracy in our hands, + to adopt its principles as the law of nations and yet to deny + to all the common right of search for the pirate, whom it + would be impossible to detect without entering and searching + the vessel, would expose us not simply to the charge of + inconsistency. + </p> + <p> + It must be obvious that the restriction of search for pirates + to the African coast is incompatible with the idea of such a + crime. It is not doubted also if the convention is adopted + that no example of the commission of that crime by the + citizens or subjects of either power will ever occur again. + It is believed, therefore, that this right as applicable to + piracy would not only extirpate the trade, but prove + altogether innocent in its operation. + </p> + <p> + In further illustration of the views of Congress on this + subject, I transmit to the Senate extracts from two + resolutions of the House of Representatives, one of the 9th + February, 1821, the other of 12th April, 1822. I transmit + also a letter from the chargé d'affaires of the + British Government, which shows the deep interest which that + Government takes in the ratification of the treaty. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>May 22, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives a report of the + Secretary of the Navy, in compliance with their resolution of + the 14th of April last, respecting prize agents, which report + contains the information requested. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MAY 24, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 13th instant, requesting the President + to communicate any information he may possess in relation to + the intercourse and trade now carried on between the people + of the United States (and particularly the people of the + State of Missouri) and the Mexican Provinces, how and by what + route that trade or intercourse is carried on, in what it + consists, the distances, etc., the nations of Indians through + which it passes, their dispositions, whether pacific or + otherwise, the advantages resulting or likely to result from + that trade or intercourse, I herewith transmit a + communication from the Department of State, which contains + all the information which has yet been collected in relation + to those subjects. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MAY 24, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the 20th instant, I + transmit herewith to the House of Representatives a report of + David Shriver, superintendent of the Cumberland road, stating + the manner in which the appropriation made at the last + session for the repair of that road has been expended, and + also the present condition of the road. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + EIGHTH ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 7, 1824</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and of the House of + Representatives</i>: + </p> + <p> + The view which I have now to present to you of our affairs, + foreign and domestic, realizes the most sanguine + anticipations which have been entertained of the public + prosperity. If we look to the whole, our growth as a nation + continues to be rapid beyond example; if to the States which + compose it, the same gratifying spectacle is exhibited. Our + expansion over the vast territory within our limits has been + great, without indicating any decline in those sections from + which the emigration has been most conspicuous. We have daily + gained strength by a native population in every + quarter—a population devoted to our happy system of + government and cherishing the bond of union with fraternal + affection. Experience has already shewn that the difference + of climate and of industry, proceeding from that cause, + inseparable from such vast domains, and which under other + systems might have a repulsive tendency, can not fail to + produce with us under wise regulations the opposite effect. + What one portion wants the other may supply; and this will be + most sensibly felt by the parts most distant from each other, + forming thereby a domestic market and an active intercourse + between the extremes and throughout every portion of our + Union. Thus by a happy distribution of power between the + National and State Governments, Governments which rest + exclusively on the sovereignty of the people and are fully + adequate to the great purposes for which they were + respectively instituted, causes which might otherwise lead to + dismemberment operate powerfully to draw us closer together. + In every other circumstance a correct view of the actual + state of our Union must be equally gratifying to our + constituents. Our relations with foreign powers are of a + friendly character, although certain interesting differences + remain unsettled with some. Our revenue under the mild system + of impost and tonnage continues to be adequate to all the + purposes of the Government Our agriculture, commerce, + manufactures, and navigation flourish. Our fortifications are + advancing in the degree authorized by existing appropriations + to maturity, and due progress is made in the augmentation of + the Navy to the limit prescribed for it by law. For these + blessings we owe to Almighty God, from whom we derive them, + and with profound reverence, our most grateful and unceasing + acknowledgments. + </p> + <p> + In adverting to our relations with foreign powers, which are + always an object of the highest importance, I have to remark + that of the subjects which have been brought into discussion + with them during the present Administration some have been + satisfactorily terminated, others have been suspended, to be + resumed hereafter under circumstances more favorable to + success, and others are still in negotiation, with the hope + that they may be adjusted with mutual accommodation to the + interests and to the satisfaction of the respective parties. + It has been the invariable object of this Government to + cherish the most friendly relations with every power, and on + principles and conditions which might make them permanent. A + systematic effort has been made to place our commerce with + each power on a footing of perfect reciprocity, to settle + with each in a spirit of candor and liberality all existing + differences, and to anticipate and remove so far as it might + be practicable all causes of future variance. + </p> + <p> + It having been stipulated by the seventh article of the + convention of navigation and commerce which was concluded on + the 24th of June, 1822, between the United States and France, + that the said convention should continue in force for two + years from the 1st of October of that year, and for an + indefinite term afterwards, unless one of the parties should + declare its intention to renounce it, in which event it + should cease to operate at the end of six months from such + declaration, and no such intention having been announced, the + convention having been found advantageous to both parties, it + has since remained, and still remains, in force. At the time + when that convention was concluded many interesting subjects + were left unsettled, and particularly our claim to indemnity + for spoliations which were committed on our commerce in the + late wars. For these interests and claims it was in the + contemplation of the parties to make provision at a + subsequent day by a more comprehensive and definitive treaty. + The object has been duly attended to since by the Executive, + but as yet it has not been accomplished. It is hoped that a + favorable opportunity will present itself for opening a + negotiation which may embrace and arrange all existing + differences and every other concern in which they have a + common interest upon the accession of the present King of + France, an event which has occurred since the close of the + last session of Congress. + </p> + <p> + With Great Britain our commercial intercourse rests on the + same footing that it did at the last session. By the + convention of 1815 the commerce between the United States and + the British dominions in Europe and the East Indies was + arranged on a principle of reciprocity. That convention was + confirmed and continued in force, with slight exceptions, by + a subsequent treaty for the term of ten years from the 20th + of October, 1818, the date of the latter. The trade with the + British colonies in the West Indies has not as yet been + arranged, by treaty or otherwise, to our satisfaction. An + approach to that result has been made by legislative acts, + whereby many serious impediments which had been raised by the + parties in defense of their respective claims were removed. + An earnest desire exists, and has been manifested on the part + of this Government, to place the commerce with the colonies, + likewise, on a footing of reciprocal advantage, and it is + hoped that the British Government, seeing the justice of the + proposal and its importance to the colonies, will ere long + accede to it. + </p> + <p> + The commissioners who were appointed for the adjustment of + the boundary between the territories of the United States and + those of Great Britain, specified in the fifth article of the + treaty of Ghent, having disagreed in their decision, and both + Governments having agreed to establish that boundary by + amicable negotiation between them, it is hoped that it may be + satisfactorily adjusted in that mode. The boundary specified + by the sixth article has been established by the decision of + the commissioners. From the progress made in that provided + for by the seventh, according to a report recently received, + there is good cause to presume that it will be settled in the + course of the ensuing year. + </p> + <p> + It is a cause of serious regret that no arrangement has yet + been finally concluded between the two Governments to secure + by joint cooperation the suppression of the slave trade. It + was the object of the British Government in the early stages + of the negotiation to adopt a plan for the suppression which + should include the concession of the mutual right of search + by the ships of war of each party of the vessels of the other + for suspected offenders. This was objected to by this + Government on the principle that as the right of search was a + right of war of a belligerent toward a neutral power it might + have an ill effect to extend it by treaty, to an offense + which had been made comparatively mild, to a time of peace. + Anxious however, for the suppression of this trade, it was + thought advisable, in compliance with a resolution of the + House of Representatives, founded on an act of Congress, to + propose to the British Government an expedient which should + be free from that objection and more effectual for the + object, by making it piratical. In that mode the enormity of + tho crime would place the offenders out of the protection of + their Government, and involve no question of search or other + question between the parties touching their respective + rights. It was believed, also, that it would completely + suppress the trade in the vessels of both parties, and by + their respective citizens and subjects in those of other + powers, with whom it was hoped that the odium which would + thereby be attached to it would produce a corresponding + arrangement, and by means thereof its entire extirpation + forever. A convention to this effect was concluded and signed + in London on the 13th day of March, 1824, by + plenipotentiaries duly authorized by both Governments, to the + ratification of which certain obstacles have arisen which are + not yet entirely removed. The difference between the parties + still remaining has been reduced to a point not of sufficient + magnitude, as is presumed, to be permitted to defeat an + object so near to the heart of both nations and so desirable + to the friends of humanity throughout the world. As + objections, however, to the principle recommended by the + House of Representatives, or at least to the consequences + inseparable from it, and which are understood to apply to the + law, have been raised, which may deserve a reconsideration of + the whole subject, I have thought it proper to suspend the + conclusion of a new convention until the definitive + sentiments of Congress may be ascertained. These documents + relating to the negotiation are with that intent submitted to + your consideration. + </p> + <p> + Our commerce with Sweden has been placed on a footing of + perfect reciprocity by treaty, and with Russia, the + Netherlands, Prussia, the free Hanseatic cities, the Dukedom + of Oldenburg, and Sardinia by internal regulations on each + side, founded on mutual agreement between the respective + Governments. + </p> + <p> + The principles upon which the commercial policy of the United + States is founded are to be traced to an early period. They + are essentially connected with those upon which their + independence was declared, and owe their origin to the + enlightened men who took the lead in our affairs at that + important epoch. They are developed in their first treaty of + commerce with France of 6th February, 1778, and by a formal + commission which was instituted immediately after the + conclusion of their Revolutionary struggle, for the purpose + of negotiating treaties of commerce with every European + power. The first treaty of the United States with Prussia, + which was negotiated by that commission, affords a signal + illustration of those principles. The act of Congress of the + 3d March. 1815. adopted immediately after the return of a + general peace, was a new overture to foreign nations to + establish our commercial relations with them on the basis of + free and equal reciprocity. That principle has pervaded all + the acts of Congress and all the negotiations of the + Executive on the subject since. + </p> + <p> + A convention for the settlement of important questions in + relation to the northwest coast of this continent and its + adjoining seas was concluded and signed at St. Petersburg on + the 5th day of April last by the minister plenipotentiary of + the United States and plenipotentiaries of the Imperial + Government of Russia. It will immediately be laid before the + Senate for the exercise of the constitutional authority of + that body with reference to its ratification. It is proper to + add that the manner in which this negotiation was invited and + conducted on the part of the Emperor has been very + satisfactory. + </p> + <p> + The great and extraordinary changes which have happened in + the Governments of Spain and Portugal within the last two + years, without seriously affecting the friendly relations + which under all of them have been maintained with those + powers by the United States, have been obstacles to the + adjustment of the particular subjects of discussion which + have arisen with each. A resolution of the Senate adopted at + their last session called for information as to the effect + produced upon our relations with Spain by the recognition on + the part of the United States of the independent South + American Governments. The papers containing that information + are now communicated to Congress. + </p> + <p> + A chargé d'affaires has been received from the + independent Government of Brazil. That country, heretofore a + colonial possession of Portugal, had some years since been + proclaimed by the Sovereign of Portugal himself an + independent Kingdom. Since his return to Lisbon a revolution + in Brazil has established a new Government there with an + imperial title, at the head of which is placed a prince, in + whom the regency had been vested by the King at the time of + his departure. There is reason to expect that by amicable + negotiation the independence of Brazil will ere long be + recognized by Portugal herself. + </p> + <p> + With the remaining powers of Europe, with those on the coast + of Barbary, and with all the new South American States our + relations are of a friendly character. We have ministers + plenipotentiary residing with the Republics of Colombia and + Chile, and have received ministers of the same rank from + Colombia, Guatemala, Buenos Ayres, and Mexico. Our commercial + relations with all those States are mutually beneficial and + increasing. With the Republic of Colombia a treaty of + commerce has been formed, of which a copy is received and the + original daily expected. A negotiation for a like treaty + would have been commenced with Buenos Ayres had it not been + prevented by the indisposition and lamented decease of Mr. + Rodney, our minister there, and to whose memory the most + respectful attention has been shewn by the Government of that + Republic. An advantageous alteration in our treaty with Tunis + has been obtained by our consular agent residing there, the + official document of which when received will be laid before + the Senate. + </p> + <p> + The attention of the Government has been drawn with great + solicitude to other subjects, and particularly to that + relating to a state of maritime war, involving the relative + rights of neutral and belligerent in such wars. Most of the + difficulties which we have experienced and of the losses + which we have sustained since the establishment of our + independence have proceeded from the unsettled state of those + rights and the extent to which the belligerent claim has been + carried against the neutral party. It is impossible to look + back on the occurrences of the late wars in Europe, and to + behold the disregard which was paid to our rights as a + neutral power, and the waste which was made of our commerce + by the parties to those wars by various acts of their + respective Governments, and under the pretext by each that + the other had set the example, without great mortification + and a fixed purpose never to submit to the like in future. An + attempt to remove those causes of possible variance by + friendly negotiation and on just principles which should be + applicable to all parties could, it was presumed, be viewed + by none other than as a proof of an earnest desire to + preserve those relations with every power. In the late war + between France and Spain a crisis occurred in which it seemed + probable that all the controvertible principles involved in + such wars might be brought into discussion and settled to the + satisfaction of all parties. Propositions having this object + in view have been made to the Governments of Great Britain, + France, Russia, and of other powers, which have been received + in a friendly manner by all, but as yet no treaty has been + formed with either for its accomplishment. The policy will, + it is presumed, be persevered in, and in the hope that it may + be successful. + </p> + <p> + It will always be recollected that with one of the parties to + those wars, and from whom we received those injuries, we + sought redress by war. From the other, by whose then reigning + Government our vessels were seized in port as well as at sea + and their cargoes confiscated, indemnity has been expected, + but has not yet been tendered. It was under the influence of + the latter that our vessels were likewise seized by the + Governments of Spain, Holland, Denmark, Sweden, and Naples, + and from whom indemnity has been claimed and is still + expected, with the exception of Spain, by whom it has been + rendered. With both parties we had abundant cause of war, but + we had no alternative but to resist that which was most + powerful at sea and pressed us nearest at home. With this all + differences were settled by a treaty, founded on conditions + fair and honorable to both, and which has been so far + executed with perfect good faith. It has been earnestly hoped + that the other would of its own accord, and from a sentiment + of justice and conciliation, make to our citizens the + indemnity to which they are entitled, and thereby remove from + our relations any just cause of discontent on our side. + </p> + <p> + It is estimated that the receipts into the Treasury during + the current year, exclusive of loans, will exceed + $18,500,000, which, with the sum remaining in the Treasury at + the end of the last year, amounting to $9.463,922.81, will, + after discharging the current disbursements of the year, the + interest on the public debt, and upward of $11,633,011.52 of + the principal, leave a balance of more than $3,000,000 in the + Treasury on the 1st day of January next. + </p> + <p> + A larger amount of the debt contracted during the late war, + bearing an interest of 6 per cent, becoming redeemable in the + course of the ensuing year than could be discharged by the + ordinary revenue, the act of the 26th of May authorized a + loan of $5,000,000 at 4-1/2 per cent to meet the same. By + this arrangement an annual saving will accrue to the public + of $75,000. + </p> + <p> + Under the act of the 24th of May last a loan of $5,000,000 + was authorized, in order to meet the awards under the Florida + treaty, which was negotiated at par with the Bank of the + United States at 4-1/2 percent, the limit of interest fixed + by the act. By this provision the claims of our citizens who + had sustained so great a loss by spoliations, and from whom + indemnity had been so long withheld, were promptly paid. For + these advances the public will be amply repaid at no distant + day by the sale of the lands in Florida. Of the great + advantages resulting from the acquisition of the Territory in + other respects too high an estimate can not be formed. + </p> + <p> + It is estimated that the receipts into the Treasury during + the year 1825 will be sufficient to meet the disbursements of + the year, including the sum of $10,000,000, which is annually + appropriated by the act constituting the sinking fund to the + payment of the principal and interest of the public debt. + </p> + <p> + The whole amount of the public debt on the 1st of January + next may be estimated at $86,000,000, inclusive of $2,500,000 + of the loan authorized by the act of the 26th of May last. In + this estimate is included a stock of $7,000,000, issued for + the purchase of that amount of the capital stock of the Bank + of the United States, and which, as the stock of the bank + still held by the Government will at least be fully equal to + its reimbursement, ought not to be considered as constituting + a part of the public debt. Estimating, then, the whole amount + of the public debt at $79,000,000 and regarding the annual + receipts and expenditures of the Government, a well-founded + hope may be entertained that, should no unexpected event + occur, the whole of the public debt may be discharged in the + course of ten years, and the Government be left at liberty + thereafter to apply such portion of the revenue as may not be + necessary for current expenses to such other objects as may + be most conducive to the public security and welfare. That + the sums applicable to these objects will be very + considerable may be fairly concluded when it is recollected + that a large amount of the public revenue has been applied + since the late war to the construction of the public + buildings in this city; to the erection of fortifications + along the coast and of arsenals in different parts of the + Union; to the augmentation of the Navy; to the extinguishment + of the Indian title to large tracts of fertile territory; to + the acquisition of Florida; to pensions to Revolutionary + officers and soldiers, and to invalids of the late war. On + many of these objects the expense will annually be diminished + and cease at no distant period on most of them. On the 1st of + January, 1817, the public debt amounted to $123,491,965.16, + and, notwithstanding the large sums which have been applied + to these objects, it has been reduced since that period + $37,446,961.78. The last portion of the public debt will be + redeemable on the 1st of January, 1835, and while there is + the best reason to believe that the resources of the + Government will be continually adequate to such portions of + it as may become due in the interval, it is recommended to + Congress to seize every opportunity which may present itself + to reduce the rate of interest on every part thereof. The + high state of the public credit and the great abundance of + money are at this time very favorable to such a result. It + must be very gratifying to our fellow-citizens to witness + this flourishing state of the public finances when it is + recollected that no burthen whatever has been imposed upon + them. + </p> + <p> + The military establishment in all its branches, in the + performance of the various duties assigned to each, justifies + the favorable view which was presented of the efficiency of + its organization at the last session. All the appropriations + have been regularly applied to the objects intended by + Congress, and so far as the disbursements have been made the + accounts have been rendered and settled without loss to the + public. The condition of the Army itself, as relates to the + officers and men, in science and discipline is highly + respectable. The Military Academy, on which the Army + essentially rests, and to which it is much indebted for this + state of improvement, has attained, in comparison with any + other institution of a like kind, a high degree of + perfection. Experience, however, has shewn that the dispersed + condition of the corps of artillery is unfavorable to the + discipline of that important branch of the military + establishment. To remedy this inconvenience, eleven companies + have been assembled at the fortification erected at Old Point + Comfort as a school for artillery instruction, with intention + as they shall be perfected in the various duties of that + service to order them to other posts, and to supply their + places with other companies for instruction in like manner. + In this mode a complete knowledge of the science and duties + of this arm will be extended throughout the whole corps of + artillery.-But to carry this object fully into effect will + require the aid of Congress, to obtain which the subject is + now submitted to your consideration. + </p> + <p> + Of the progress which has been made in the construction of + fortifications for the permanent defense of our maritime + frontier, according to the plan decided on and to the extent + of the existing appropriations, the report of the Secretary + of War, which is herewith communicated, will give a detailed + account. Their final completion can not fail to give great + additional security to that frontier, and to diminish + proportionably the expense of defending it in the event of + war. + </p> + <p> + The provisions in the several acts of Congress of the last + session for the improvement of the navigation of the + Mississippi and the Ohio, of the harbor of Presqu'isle, on + Lake Erie, and the repair of the Plymouth beach are in a + course of regular execution; and there is reason to believe + that the appropriation in each instance will be adequate to + the object. To carry these improvements fully into effect, + the superintendence of them has been assigned to officers of + the Corps of Engineers. + </p> + <p> + Under the act of 30th April last, authorizing the President + to cause a survey to be made, with the necessary plans and + estimates, of such roads and canals as he might deem of + national importance in a commercial or military point of + view, or for the transportation of the mail, a board has been + instituted, consisting of two distinguished officers of the + Corps of Engineers and a distinguished civil engineer, with + assistants, who have been actively employed in carrying into + effect the object of the act. They have carefully examined + the route between the Potomac and the Ohio rivers; between + the latter and Lake Erie; between the Alleghany and the + Susquehannah; and the routes between the Delaware and the + Raritan, Barnstable and Buzzards Bay, and between Boston + Harbor and Narraganset Bay. Such portion of the Corps of + Topographical Engineers as could be spared from the survey of + the coast has been employed in surveying the very important + route between the Potomac and the Ohio. Considerable progress + has been made in it, but the survey can not be completed + until the next season. It is gratifying to add, from the view + already taken, that there is good cause to believe that this + great national object may be fully accomplished. + </p> + <p> + It is contemplated to commence early in the next season the + execution of the other branch of the act—that which + relates to roads—and with the survey of a route from + this city, through the Southern States, to New Orleans, the + importance of which can not be too highly estimated. All the + officers of both the corps of engineers who could be spared + from other services have been employed in exploring and + surveying the routes for canals. To digest a plan for both + objects for the great purposes specified will require a + thorough knowledge of every part of our Union and of the + relation of each part to the others and of all to the seat of + the General Government. For such a digest it will be + necessary that the information be full, minute, and precise. + With a view to these important objects, I submit to the + consideration of the Congress the propriety of enlarging both + the corps of engineers—the military and topographical. + It need scarcely be remarked that the more extensively these + corps are engaged in the improvement of their country, in the + execution of the powers of Congress, and in aid of the States + in such improvements as lie beyond that limit, when such aid + is desired, the happier the effect will be in many views of + which the subject is susceptible. By profiting of their + science the works will always be well executed, and by giving + to the officers such employment our Union will derive all the + advantage, in peace as well as in war, from their talents and + services which they can afford. In this mode, also, the + military will be incorporated with the civil, and unfounded + and injurious distinctions and prejudices of every kind be + done away. To the corps themselves this service can not fail + to be equally useful, since by the knowledge they would thus + acquire they would be eminently better qualified in the event + of war for the great purposes for which they were instituted. + </p> + <p> + Our relations with the Indian tribes within our limits have + not been materially changed during the year. The hostile + disposition evinced by certain tribes on the Missouri during + the last year still continues, and has extended in some + degree to those on the Upper Mississippi and the Upper Lakes. + Several parties of our citizens have been plundered and + murdered by those tribes. In order to establish relations of + friendship with them, Congress at the last session made an + appropriation for treaties with them and for the employment + of a suitable military escort to accompany and attend the + commissioners at the places appointed for the negotiations. + This object has not been effected. The season was too far + advanced when the appropriation was made and the distance too + great to permit it, but measures have been taken, and all the + preparations will be completed to accomplish it at an early + period in the next season. + </p> + <p> + Believing that the hostility of the tribes, particularly on + the Upper Mississippi and the Lakes, is in no small degree + owing to the wars which are carried on between the tribes + residing in that quarter, measures have been taken to bring + about a general peace among them, which, if successful, will + not only tend to the security of our citizens, but be of + great advantage to the Indians themselves. + </p> + <p> + With the exception of the tribes referred to, our relations + with all the others are on the same friendly footing, and it + affords me great satisfaction to add that they are making + steady advances in civilization and the improvement of their + condition. Many of the tribes have already made great + progress in the arts of civilized life. This desirable result + has been brought about by the humane and persevering policy + of the Government, and particularly by means of the + appropriation for the civilization of the Indians. There have + been established under the provisions of this act 32 schools, + containing 916 scholars, who are well instructed in several + branches of literature, and likewise in agriculture and the + ordinary arts of life. + </p> + <p> + Under the appropriation to authorize treaties with the Creeks + and Quaupaw Indians commissioners have been appointed and + negotiations are now pending, but the result is not yet + known. + </p> + <p> + For more full information respecting the principle which has + been adopted for carrying into effect the act of Congress + authorizing surveys, with plans and estimates for canals and + roads, and on every other branch of duty incident to the + Department of War. I refer you to the report of the + Secretary. + </p> + <p> + The squadron in the Mediterranean has been maintained in the + extent which was proposed in the report of the Secretary of + the Navy of the last year, and has afforded to our commerce + the necessary protection in that sea. Apprehending, however, + that the unfriendly relations which have existed between + Algiers and some of the powers of Europe might be extended to + us, it has been thought expedient to augment the force there, + and in consequence the <i>North Carolina</i>, a ship of the + line, has been prepared, and will sail in a few days to join + it. + </p> + <p> + The force employed in the Gulf of Mexico and in the + neighboring seas for the suppression of piracy has likewise + been preserved essentially in the state in which it was + during the last year. A persevering effort has been made for + the accomplishment of that object, and much protection has + thereby been afforded to our commerce, but still the practice + is far from being suppressed. From every view which has been + taken of the subject it is thought that it will be necessary + rather to augment than to diminish our force in that quarter. + There is reason to believe that the piracies now complained + of are committed by bands of robbers who inhabit the land, + and who, by preserving good intelligence with the towns and + seizing favorable opportunities, rush forth and fall on + unprotected merchant vessels, of which they make an easy + prey. The pillage thus taken they carry to their lurking + places, and dispose of afterwards at prices tending to seduce + the neighboring population. This combination is understood to + be of great extent, and is the more to be deprecated because + the crime of piracy is often attended with the murder of the + crews, these robbers knowing if any survived their lurking + places would be exposed and they be caught and punished. That + this atrocious practice should be carried to such extent is + cause of equal surprise and regret. It is presumed that it + must be attributed to the relaxed and feeble state of the + local governments, since it is not doubted, from the high + character of the governor of Cuba, who is well known and much + respected here, that if he had the power he would promptly + suppress it. Whether those robbers should be pursued on the + land, the local authorities be made responsible for these + atrocities, or any other measure be resorted to to suppress + them, is submitted to the consideration of Congress. + </p> + <p> + In execution of the laws for the suppression of the slave + trade a vessel has been occasionally sent from that squadron + to the coast of Africa with orders to return thence by the + usual track of the slave ships, and to seize any of our + vessels which might be engaged in that trade. None have been + found, and it is believed that none are thus employed. It is + well known, however, that the trade still exists under other + flags. + </p> + <p> + The health of our squadron while at Thompsons Island has been + much better during the present than it was the last season. + Some improvements have been made and others are contemplated + there which, it is believed, will have a very salutary + effect. + </p> + <p> + On the Pacific our commerce has much increased, and on that + coast, as well as on that seas the United States have many + important interests which require attention and protection. + It is thought that all the considerations which suggested the + expediency of placing a squadron on that sea operate with + augmented force for maintaining it there, at least in equal + extent. + </p> + <p> + For detailed information respecting the state of our maritime + force on each sea, the improvement necessary to be made on + either in the organization of the naval establishment + generally, and of the laws for its better government I refer + you to the report of the Secretary of the Navy, which is + herewith communicated. + </p> + <p> + The revenue of the Post-Office Department has received a + considerable augmentation in the present year. The current + receipts will exceed the expenditures, although the + transportation of the mail within the year has been much + increased. A report of the Postmaster-General, which is + transmitted, will furnish in detail the necessary information + respecting the administration and present state of this + Department. + </p> + <p> + In conformity with a resolution of Congress of the last + session, an invitation was given to General Lafayette to + visit the United States, with an assurance that a ship of war + should attend at any port of France which he might designate, + to receive and convey him across the Atlantic, whenever it + might be convenient for him to sail. He declined the offer of + the public ship from motives of delicacy, but assured me that + he had long intended and would certainly visit our Union in + the course of the present year. In August last he arrived at + New York, where he was received with the warmth of affection + and gratitude to which his very important and disinterested + services and sacrifices in our Revolutionary struggle so + eminently entitled him. A corresponding sentiment has since + been manifested in his favor throughout every portion of our + Union, and affectionate invitations have been given him to + extend his visits to them. To these he has yielded all the + accommodation in his power. At every designated point of + rendezvous the whole population of the neighboring country + has been assembled to greet him, among whom it has excited in + a peculiar manner the sensibility of all to behold the + surviving members of our Revolutionary contest, civil and + military, who had shared with him in the toils and dangers of + the war, many of them in a decrepit state. A more interesting + spectacle, it is believed, was never witnessed, because none + could be founded on purer principles, none proceed from + higher or more disinterested motives. That the feelings of + those who had fought and bled with him in a common cause + should have been much excited was natural. There are, + however, circumstances attending these interviews which + pervaded the whole community and touched the breasts of every + age, even the youngest among us. There was not an individual + present who had not some relative who had not partaken in + those scenes, nor an infant who had not heard the relation of + them. But the circumstance which was most sensibly felt, and + which his presence brought forcibly to the recollection of + all, was the great cause in which we were engaged and the + blessings which we have derived from our success in it. The + struggle was for independence and liberty, public and + personal, and in this we succeeded. The meeting with one who + had borne so distinguished a part in that great struggle, and + from such lofty and disinterested motives, could not fail to + affect profoundly every individual and of every age. It is + natural that we should all take a deep interest in his future + welfare, as we do. His high claims on our Union are felt, and + the sentiment universal that they should be met in a generous + spirit. Under these impressions I invite your attention to + the subject, with a view that, regarding his very important + services, losses, and sacrifices, a provision may be made and + tendered to him which shall correspond with the sentiments + and be worthy the character of the American people. + </p> + <p> + In turning our attention to the condition of the civilized + world, in which the United States have always taken a deep + interest, it is gratifying to see how large a portion of it + is blessed with peace. The only wars which now exist within + that limit are those between Turkey and Greece, in Europe, + and between Spain and the new Governments, our neighbors, in + this hemisphere. In both these wars the cause of + independence, of liberty and humanity, continues to prevail. + The success of Greece, when the relative population of the + contending parties is considered, commands our admiration and + applause, and that it has had a similar effect with the + neighboring powers is obvious. The feeling of the whole + civilized world is excited in a high degree in their favor. + May we not hope that these sentiments, winning on the hearts + of their respective Governments, may lead to a more decisive + result; that they may produce an accord among them to replace + Greece on the ground which she formerly held, and to which + her heroic exertions at this day so eminently entitle her? + </p> + <p> + With respect to the contest to which our neighbors are a + party, it is evident that Spain as a power is scarcely felt + in it. These new States had completely achieved their + independence before it was acknowledged by the United States, + and they have since maintained it with little foreign + pressure. The disturbances which have appeared in certain + portions of that vast territory have proceeded from internal + causes, which had their origin in their former Governments + and have not yet been thoroughly removed. It is manifest that + these causes are daily losing their effect, and that these + new States are settling down under Governments elective and + representative in every branch, similar to our own. In this + course we ardently wish them to persevere, under a firm + conviction that it will promote their happiness. In this, + their career, however, we have not interfered, believing that + every people have a right to institute for themselves the + government which, in their judgment, may suit them best. Our + example is before them, of the good effect of which, being + our neighbors, they are competent judges, and to their + judgment we leave it, in the expectation that other powers + will pursue the same policy. The deep interest which we take + in their independence, which we have acknowledged, and in + their enjoyment of all the rights incident thereto, + especially in the very important one of instituting their own + Governments, has been declared, and is known to the world. + Separated as we are from Europe by the great Atlantic Ocean, + we can have no concern in the wars of the European + Governments nor in the causes which produce them. The balance + of power between them, into whichever scale it may turn in + its various vibrations, can not affect us. It is the interest + of the United States to preserve the most friendly relations + with every power and on conditions fair, equal, arid + applicable to all. But in regard to our neighbors our + situation is different. It is impossible for the European + Governments to interfere in their concerns, especially in + those alluded to, which are vital, without affecting us; + indeed, the motive which might induce such interference in + the present state of the war between the parties, if a war it + may be called, would appear to be equally applicable to us. + It is gratifying to know that some of the powers with whom we + enjoy a very friendly intercourse, and to whom these views + have been communicated, have appeared to acquiesce in them. + </p> + <p> + The augmentation of our population with the expansion of our + Union and increased number of States have produced effects in + certain branches of our system which merit the attention of + Congress. Some of our arrangements, and particularly the + judiciary establishment, were made with a view to the + original thirteen States only. Since then the United States + have acquired a vast extent of territory; eleven new States + have been admitted into the Union, and Territories have been + laid off for three others, which will likewise be admitted at + no distant day. An organization of the Supreme Court which + assigns to the judges any portion of the duties which belong + to the inferior, requiring their passage over so vast a space + under any distribution of the States that may now be made, if + not impracticable in the execution, must render it impossible + for them to discharge the duties of either branch with + advantage to the Union. The duties of the Supreme Court would + be of great importance if its decisions were confined to the + ordinary limits of other tribunals, but when it is considered + that this court decides, and in the last resort, on all the + great questions which arise under our Constitution, involving + those between the United States individually, between the + States and the United States, and between the latter and + foreign powers, too high an estimate of their importance can + not be formed. The great interests of the nation seem to + require that the judges of the Supreme Court should be + exempted from every other duty than those which are incident + to that high trust. The organization of the inferior courts + would of course be adapted to circumstances. It is presumed + that such an one might be formed as would secure an able and + faithful discharge of their duties, and without any material + augmentation of expense. + </p> + <p> + The condition of the aborigines within our limits, and + especially those who are within the limits of any of the + States, merits likewise particular attention. Experience has + shown that unless the tribes be civilized they can never be + incorporated into our system in any form whatever. It has + likewise shown that in the regular augmentation of our + population with the extension of our settlements their + situation will become deplorable, if their extinction is not + menaced. Some well-digested plan which will rescue them from + such calamities is due to their rights, to the rights of + humanity, and to the honor of the nation. Their civilization + is indispensable to their safety, and this can be + accomplished only by degrees. The process must commence with + the infant state, through whom some effect may be wrought on + the parental. Difficulties of the most serious character + present themselves to the attainment of this very desirable + result on the territory on which they now reside. To remove + them from it by force, even with a view to their own security + and happiness, would be revolting to humanity and utterly + unjustifiable. Between the limits of our present States and + Territories and the Rocky Mountains and Mexico there is a + vast territory to which they might be invited with + inducements which might be successful. It is thought if that + territory should be divided into districts by previous + agreement with the tribes now residing there and civil + governments be established in each, with schools for every + branch of instruction in literature and the arts of civilized + life, that all the tribes now within our limits might + gradually be drawn there. The execution of this plan would + necessarily be attended with expense, and that not + inconsiderable, but it is doubted whether any other can be + devised which would be less liable to that objection or more + likely to succeed. + </p> + <p> + In looking to the interests which the United States have on + the Pacific Ocean and on the western coast of this continent, + the propriety of establishing a military post at the mouth of + Columbia River, or at some other point in that quarter within + our acknowledged limits, is submitted to the consideration of + Congress. Our commerce and fisheries on that sea and along + the coast have much increased and are increasing. It is + thought that a military post, to which our ships of war might + resort, would afford protection to every interest, and have a + tendency to conciliate the tribes to the northwest, with whom + our trade is extensive. It is thought also that by the + establishment of such a post the intercourse between our + Western States and Territories and the Pacific and our trade + with the tribes residing in the interior on each side of the + Rocky Mountains would be essentially promoted. To carry this + object into effect the appropriation of an adequate sum to + authorize the employment of a frigate, with an officer of the + Corps of Engineers, to explore the mouth of the Columbia + River and the coast contiguous thereto, to enable the + Executive to make such establishment at the most suitable + point, is recommended to Congress. + </p> + <p> + It is thought that attention is also due to the improvement + of this city. The communication between the public buildings + and in various other parts and the grounds around those + buildings require it. It is presumed also that the completion + of the canal from the Tiber to the Eastern Branch would have + a very salutary effect. Great exertions have been made and + expenses incurred by the citizens in improvements of various + kinds; but those which are suggested belong exclusively to + the Government, or are of a nature to require expenditures + beyond their resources. The public lots which are still for + sale would, it is not doubted, be more than adequate to these + purposes. + </p> + <p> + From the view above presented it is manifest that the + situation of the United States is in the highest degree + prosperous and happy. There is no object which as a people we + can desire which we do not possess or which is not within our + reach. Blessed with governments the happiest which the world + ever knew, with no distinct orders in society or divided + interests in any portion of the vast territory over which + their dominion extends, we have every motive to cling + together which can animate a virtuous and enlightened people. + The great object is to preserve these blessings, and to hand + them down to the latest posterity. Our experience ought to + satisfy us that our progress under the most correct and + provident policy will not be exempt from danger. Our + institutions form an important epoch in the history of the + civilized world. On their preservation and in their utmost + purity everything will depend. Extending as our interests do + to every part of the inhabited globe and to every sea to + which our citizens are carried by their industry and + enterprise, to which they are invited by the wants of others, + and have a right to go, we must either protect them in the + enjoyment of their rights or abandon them in certain events + to waste and desolation. Our attitude is highly interesting + as relates to other powers, and particularly to our southern + neighbors. We have duties to perform with respect to all to + which we must be faithful. To every kind of danger we should + pay the most vigilant and unceasing attention, remove the + cause where it may be practicable, and be prepared to meet it + when inevitable. + </p> + <p> + Against foreign danger the policy of the Government seems to + be already settled. The events of the late war admonished us + to make our maritime frontier impregnable by a well-digested + chain of fortifications, and to give efficient protection to + our commerce by augmenting our Navy to a certain extent, + which has been steadily pursued, and which it is incumbent + upon us to complete as soon as circumstances will permit. In + the event of war it is on the maritime frontier that we shall + be assailed. It is in that quarter, therefore, that we should + be prepared to meet the attack. It is there that our whole + force will be called into action to prevent the destruction + of our towns and the desolation and pillage of the interior. + To give full effect to this policy great improvements will be + indispensable. Access to those works by every practicable + communication should be made easy and in every direction. The + intercourse between every part of our Union should also be + promoted and facilitated by the exercise of those powers + which may comport with a faithful regard to the great + principles of our Constitution. With respect to internal + causes, those great principles point out with equal certainty + the policy to be pursued. Resting on the people as our + Governments do, State and National, with well-defined powers, + it is of the highest importance that they severally keep + within the limits prescribed to them. Fulfilling that sacred + duty, it is of equal importance that the movement between + them be harmonious, and in case of any disagreement, should + any such occur, a calm appeal be made to the people, and that + their voice be heard and promptly obeyed. Both Governments + being instituted for the common good, we can not fail to + prosper while those who made them are attentive to the + conduct of their representatives and control their measures. + In the pursuit of these great objects let a generous spirit + and national views and feelings be indulged, and let every + part recollect that by cherishing that spirit and improving + the condition of the others in what relates to their welfare + the general interest will not only be promoted, but the local + advantage be reciprocated by all. + </p> + <p> + I can not conclude this communication, the last of the kind + which I shall have to make, without recollecting with great + sensibility and heartfelt gratitude the many instances of the + public confidence and the generous support which I have + received from my fellow-citizens in the various trusts with + which I have been honored. Having commenced my service in + early youth, and continued it since with few and short + intervals, I have witnessed the great difficulties to which + our Union has been exposed, and admired the virtue and + intelligence with which they have been surmounted. From the + present prosperous and happy state I derive a gratification + which I can not express. That these blessings may be + preserved and perpetuated will be the object of my fervent + and unceasing prayers to the Supreme Ruler of the Universe. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + DECEMBER 6, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + Agreeably to a resolution of the House of Representatives of + the 13th of May last, requesting the President to cause to be + made and submitted to the House on the first day of the next + [present] session of Congress a full and complete statement + of the exact number of lots belonging to the United States in + the city of Washington which have been sold by the public + agents for that purpose; when sold, by whom, to whom, and for + what price each lot was purchased; what part of the purchase + money has been paid, the amount due, and by whom due, and + when payable; whether the debts are well secured, and whether + the money received has been applied, to what purposes, and by + whom, I herewith transmit a report and statements from the + Commissioner of Public Buildings, which will afford the + information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 13, 1824. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with an act of Congress which originated in the + House of Representatives, passed the 26th of May, 1824, "to + authorize the President of the United States to enter into + certain negotiations relative to lands located under Virginia + military land warrants, lying between Ludlow's and Roberts's + lines, in the State of Ohio," I herewith transmit a report, + with accompanying documents, from the Commissioner of the + General Land Office, shewing the measures which have been + taken under the provisions of the aforesaid act. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 13, 1824</i>. + </p> + <p> + The PRESIDENT OF THE SENATE PRO TEMPORE: + </p> + <p> + I transmit to the Senate a convention, negotiated and signed + by Samuel D. Heap, acting consul of the United States, on the + part of the United States, and Mahmoud Bashaw, Bey of Tunis, + on the 24th day of February last, together with copies of Mr. + Heap's correspondence appertaining to the negotiation of the + same, for the constitutional consideration of the Senate with + regard to its ratification. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 13, 1824</i>. + </p> + <p> + The PRESIDENT OF THE SENATE OF THE UNITED STATES PRO TEMPORE: + </p> + <p> + I transmit to the Senate the convention, signed by the + plenipotentiaries of the United States and of His Imperial + Majesty the Emperor of Russia at St. Petersburg on the 5th + (17th) of April last, referred to in my message to both + Houses of Congress, together with the documents appertaining + to the negotiation of the same, for the constitutional + consideration of the Senate with regard to its ratification. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 23, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + Agreeably to a resolution of the House of Representatives of + the 15th instant, requesting the President to lay before the + House a copy of the instructions under which the articles of + a treaty with the Cherokee Indians were formed by Daniel + Smith and R.J. Meigs, acting as commissioners of the United + States, at Telico on the 24th October, 1804, with copies of + all the correspondence or other documents relating to that + instrument in either of the Executive Departments, with a + statement of the causes which prevented an earlier decision + upon it, I herewith transmit a report from the Secretary of + War, with the documents referred to in it. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 23, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House a report from the Secretary + of State, with copies of the correspondence with the + Government of France requested by the resolution of the House + of the 26th May last. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, December 23, 1824</i>. + </p> + <p class="q"> + The Secretary of State, to whom has been referred a + resolution of the House of Representatives of the 26th of May + last, requesting that the President of the United States + would lay before that House at the then next session, as + early as the public interest would permit, the correspondence + which might be held with the Government of France prior to + that time on the subject of injuries sustained by citizens of + the United States since the year 1806, has the honor of + reporting to the President copies of the documents requested + by that resolution. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <center> + [Extract of a letter from Mr. Adams (No. 1) to Mr. Sheldon, + dated Department of State, Washington, August 13, 1823.] + </center> + <p> + I have had the honor of receiving your dispatches Nos. 1 and + 2, the latter dated the 10th of June. Mr. Gallatin arrived + with his family at New York on the 24th of that month. + </p> + <p> + I inclose herewith copies of the recent correspondence + between the Count de Menou, the chargé d'affaires of + France, and this Department on various subjects highly + interesting to the relations between the two countries. + </p> + <p> + With regard to the Count's note of the 11th of July, the + President received with great satisfaction the testimonial of + the Viscount de Chateaubriand to the candor and ability with + which Mr. Gallatin has performed the duties of his official + station in France. The proposal to renew the negotiation in + behalf of the well-founded claims of our citizens upon the + French Government in <i>connection</i> with a claim on the + part of France to special privileges in the ports of + Louisiana, which, after a very full discussion, had in the + views of this Government been proved utterly groundless, + could neither be accepted nor considered as evidence of the + same conciliatory spirit. The claims of our citizens are for + mere justice; they are for reparation of unquestionable + wrongs—for indemnity or restitution of property taken + from them or destroyed without shadow or color of right. The + claim under the eighth article of the Louisiana convention + has nothing to rest upon but a forced construction of the + terms of the stipulation, which the American Government + considered, and have invariably considered, as totally + without foundation. These are elements not to be coupled + together in the same negotiation, and while we yet trust to + the final sense of justice of France for the adjustment of + the righteous claims of our citizens, we still hope that + their unquestionable character will ultimately secure to them + a consideration unencumbered with other discussions. You will + respectfully make this representation to the Viscount de + Chateaubriand, with the assurance of the readiness of this + Government to discuss the question upon the Louisiana + convention further if desired by France, but of our final + conviction that it is not to be blended with the claims of + our citizens for mere justice. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Count de Menou to Mr. Adams</i>. + </center> + <center> + [Translation.] + </center> + <p class="r"> + LEGATION OF FRANCE TO THE UNITED STATES,<br> + <i>Washington, July 11, 1823</i>. + </p> + <p> + The Honorable SECRETARY OF STATE: + </p> + <p> + His Excellency the Viscount de Chateaubriand, in announcing + to me that Mr. Gallatin was about to leave France, expresses + his regret at his departure in such terms that I should do + him injustice were I not to use his own expressions. "My + correspondence with this minister," he remarks to me, "has + caused me to appreciate his talents, his ability, and his + attachment to the system of friendship that unites the two + powers. It is with regret that I suspend my communications + with him." + </p> + <p> + I esteem myself happy, sir, in conveying to you such + sentiments toward the representative of the United States in + France, and I should have thought that I had but imperfectly + apprehended the design of the Viscount de Chateaubriand had I + neglected to communicate them to the Federal Government. + </p> + <p> + The minister for foreign affairs reminds me also on this + occasion that Mr. Gallatin having frequently laid before him + claims of Americans against the French Government, he had + shown himself disposed to enter upon a general negotiation, + in which they should be comprehended with claims of French + citizens against the Federal Government at the same time with + the arrangement relative to the execution of the eighth + article of the treaty of Louisiana, The object of his + excellency was to arrive at a speedy and friendly disposition + of all difficulties that might subsist between the two + powers, well assured that France and the United States would + be found to have the same views of justice and conciliation. + </p> + <p> + His excellency regrets that Mr. Gallatin, who, he says, "has + convinced him how pleasing and advantageous it is to + negotiate with a statesman who exhibits candor and ability in + his discussions," did not receive from his Government during + his stay in France the necessary powers for this double + negotiation. But he informs me that the Government of His + Majesty remains always disposed to open it, either with Mr. + Gallatin should he return with these powers, or with Mr. + Sheldon if the Federal Government should think proper to + confer them on him. + </p> + <p> + I greatly desire, sir, to see these propositions acceded to + by the Federal Government and to be able to reply to his + excellency, as he expresses his wish that an arrangement + putting an end to every subject of discussion might soon be + expected. + </p> + <p> + I pray the Secretary of State to receive the renewed + assurance of my high consideration. + </p> + <p> + The chargé d'affaires of France near the United + States, + </p> + <p class="r"> + MENOU. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Adams to Count de Menou</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, August 12, 1823</i>. + </p> + <p> + The COUNT DE MENOU,<br> + <i>Chargé d'Affaires from France</i>. + </p> + <p> + SIR: Your letter of the 11th of last month has been submitted + to the consideration of the President of the United States, + by whom I am directed to express the high satisfaction that + he has felt at the manner in which His Excellency the + Viscount de Chateaubriand has noticed in his correspondence + with you the temporary absence of Mr. Gallatin from France + and the terms of regard and esteem with which he notices the + character and conduct of that minister. The anxious desire of + the President for the promotion of the good understanding + between the United States and France could not be more + gratified than by the testimonial of His Most Christian + Majesty's Government to the good faith and ability with which + the minister of the United States at his Court has performed + his official duties. + </p> + <p> + With regard to the assurance of His Excellency the Viscount + de Chateaubriand's disposition to enter upon a negotiation + with Mr. Gallatin in the event of his return to France, or + with Mr. Sheldon during his absence, concerning the claims of + citizens of the United States on the Government of France in + connection with an arrangement concerning the eighth article + of the Louisiana treaty, I am directed to observe that those + subjects rest upon grounds so totally different that the + Government of the United States can not consent to connect + them together in negotiation. + </p> + <p> + The claims of the citizens of the United States upon the + French Government have been of many years' standing, often + represented by successive ministers of the United States, and + particularly by Mr. Gallatin during a residence of seven + years, with a perspicuity of statement and a force of + evidence which could leave to the Government of the United + States no desire but that they should have been received with + friendly attention and no regret but that they should have + proved ineffectual. The justice of these claims has never + been denied by France, and while the United States are still + compelled to wait for their adjustment, similar and less + forceful claims of the subjects of other nations have been + freely admitted and liquidated. + </p> + <p> + A long and protracted discussion has already taken place + between the two Governments in relation to the claim of + France under the eighth article of the Louisiana convention, + the result of which has been a thorough conviction on the + part of the American Government that the claim has no + foundation in the treaty whatever. The reasons for this + conviction have been so fully set forth in the discussion + that it was not anticipated a further examination of it would + be thought desirable. As a subject of discussion, however, + the American Government is willing to resume it whenever it + may suit the views of France to present further + considerations relating to it; but while convinced that the + claim is entirely without foundation, they can not place it + on a footing of concurrent negotiation with claims of their + citizens, the justice of which is so unequivocal that they + have not even been made the subject of denial. + </p> + <p> + From the attention which His Excellency the Viscount de + Chateaubriand has intimated his willingness to give to the + consideration of these claims the President indulges the hope + that they will be taken into view upon their own merits, and + in that hope the representative of the United States at Paris + will at an early day be instructed to present them again to + the undivided and unconditional sense of the justice of + France. + </p> + <p> + I pray you, sir, to accept the renewed assurance of my + distinguished consideration. + </p> + <p class="r"> + JOHN QUINCY ADAMS. + </p> + <p> + + </p> + <p> + + </p> + <center> + [Extract of a letter from Mr, Sheldon (No. 2) to Mr, Adams, + dated Paris, October 16, 1823.] + </center> + <p> + I took an early occasion after the receipt of your dispatch + No. 1, of the 10th August, to communicate the subjects of it + in a conversation I had with Viscount de Chateaubriand. His + observations in relation to that of the claims, as connected + with the pretensions of France under the Louisiana treaty, + were of a very general nature and amounted to little more + than a repetition of his readiness to enter upon the + consideration of whatever subjects of discussion might exist + between the two countries and the expression of his + satisfaction at the prospect of being soon relieved from the + labor which the affairs of Spain had thrown upon him, and + having thus more time to devote to those of the United States + and others not of the same pressing nature. He avoided any + intimation of a disposition to take up the claims by + themselves, and it can hardly be expected that the French + Government will at this time relax from the ground they have + so lately taken upon that point. I informed him that I should + communicate in writing an answer to the overture made by + Count de Menou at Washington for uniting in a new negotiation + this subject with that of the Louisiana treaty, in substance + the same as that gentleman had already received there, and + should again press upon the French Government the + consideration of the claims by themselves; to which he + replied that any communication I might make would be received + and treated with all the attention to which it was entitled + on his part. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Sheldon to the Viscount de Chateaubriand</i>. + </center> + <p class="r"> + PARIS, <i>October 11, 1823</i>. + </p> + <p> + SIR: Mr. Gallatin, during his residence as minister of the + United States in France, had upon various occasions called + the attention of His Majesty's Government to the claims of + our citizens for the reparation of wrongs sustained by them + from the unjust seizure, detention, and confiscation of their + property by officers and agents acting under authority of the + Government of France. During the past year His Majesty's + ministers had consented to enter upon the consideration of + these claims, but they proposed to couple with it another + subject having no connection with those claims, either in its + nature, its origin, or the principles on which it + depended—a question of the disputed construction of one + of the articles of the treaty of cession of Louisiana, by + virtue of which France claimed certain commercial privileges + in the ports of that Province. Mr. Gallatin had not received + from his Government any authority to connect these two + dissimilar subjects in the same negotiation, or, indeed, to + treat upon the latter, which had already been very amply + discussed at Washington between the Secretary of State of the + United States and His Majesty's minister at that place, + without producing any result except a conviction on the part + of the Government of the United States that the privileges + for French vessels, as claimed by the minister of France, + never could have been, and were not in fact, conceded by the + treaty in question. A stop was then put to the negotiations + already commenced in relation to the claims, and with which + had been united, on the proposition of the French Government, + and as being naturally connected with it, the consideration + of certain claims of French citizens on the Government of the + United States. + </p> + <p> + The chargé d'affaires of France at Washington has + lately, on behalf of his Government, expressed to that of the + United States a wish that this double negotiation might be + resumed and that a definitive arrangement might be made as + well in relation to the disputed article of the Louisiana + treaty as of the subject of the claims upon the one side and + upon the other. The Government of the United States has + nothing more at heart than to remove by friendly arrangements + every subject of difference which may exist between the two + countries, and to examine with the greatest impartiality and + good faith as well the nature and extent of the stipulations + into which they have entered as the appeals to their justice + made by individuals claiming reparation for wrongs supposed + to have been sustained at their hands. + </p> + <p> + But these two subjects are essentially dissimilar; there are + no points of connection between them; the principles upon + which they depend are totally different; they have no bearing + upon each other; and the justice which is due to individuals + ought not to be delayed or made dependent upon the right or + the wrong interpretation by one or the other party of a + treaty having for its object the regulation of entirely + distinct and different interests. + </p> + <p> + The reclamations of American citizens upon the Government of + France are for mere justice—for the reparation of + unquestionable wrongs, indemnity or restitution of property + taken from them or destroyed forcibly and without right. They + are of ancient date, and justice has been long and anxiously + waited for. They have been often represented to the + Government of France, and their validity is not disputed. + Similar reclamations without greater merit or stronger titles + to admission presented by citizens of other nations have been + favorably received, examined, and liquidated, and it seems to + have been hitherto reserved to those of the United States + alone to meet with impediments at every juncture and to seek + in vain the moment in which the Government of France could + consent to enter upon their consideration. Although the + question arising under the eighth article of the Louisiana + treaty has already been fully examined, the Government of the + United States is ready, if it is desired by France, and if it + is thought that any new light can be thrown upon it, to + discuss the subject further whenever it shall be presented + anew by France to their consideration. But they are convinced + that by blending it with the claims not only will no progress + be made toward its solution, but that these last, standing + upon their own unquestionable character, ought not to be + trammeled with a subject to which they are wholly foreign. + </p> + <p> + I am instructed to bring them anew before your excellency, + and to express the hope of the President that His Majesty's + Government will not continue to insist upon connecting + together two subjects of so different a nature, but that the + claims may be taken up on their own merits and receive the + consideration which they deserve, unencumbered with other + discussions. + </p> + <p> + I request your excellency to accept the assurance, etc, + </p> + <p class="r"> + D. SHELDON. + </p> + <p> + + </p> + <p> + + </p> + <center> + [Extracts of a letter from the Secretary of State to Mr. + Brown, dated Washington, December 23, 1823.] + </center> + <p> + You will immediately after your reception earnestly call the + attention of the French Government to the claims of our + citizens for indemnity. + </p> + <p> + You will at the same time explicitly make known that this + Government can not consent to connect this discussion with + that of the pretension raised by France on the construction + given by her to the eighth article of the Louisiana cession + treaty. The difference in the nature and character of the two + interests is such that they can not with propriety be blended + together. The claims are of reparation to individuals for + their property taken from them by manifest and undisputed + wrong. The question upon the Louisiana treaty is a question + of <i>right</i> upon the meaning of a contract. It has been + fully, deliberately, and thoroughly investigated, and the + Government of the United States is under the entire and + solemn conviction that the pretension of France is utterly + unfounded. We are, nevertheless, willing to resume the + discussion if desired by France; but to refuse justice to + individuals unless the United States will accede to the + construction of an article in a treaty contrary to what they + believe to be its real meaning would be not only incompatible + with the principles of equity, but submitting to a species of + compulsion derogatory to the honor of the nation. + </p> + <p> + + </p> + <p> + + </p> + <center> + [Extract of a letter (No. 2) from James Brown, envoy + extraordinary and minister plenipotentiary of the United + States, dated April 28, 1824.] + </center> + <p> + I have in a letter to M. de Chateaubriand, copy of which I + have now the honor to send, made an effort to separate the + claims of our citizens from the Louisiana question. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Brown to M. de Chateaubriand</i>. + </center> + <p> + PARIS, <i>April 28, 1824</i>. + </p> + <p> + His Excellency VISCOUNT DE CHATEAUBRIAND,<br> + <i>Minister of Foreign Affairs, etc</i>. + </p> + <p> + SIR: In the conference with which your excellency honored me + a few days ago I mentioned a subject deeply interesting to + many citizens of the United States, on which I have been + instructed to address your excellency, and to which I + earnestly wish to call your immediate attention. + </p> + <p> + It is well known to your excellency that my predecessor, Mr. + Gallatin, during several years made repeated and urgent + applications to His Majesty's Government for the adjustment + of claims to a very large amount, affecting the interests of + American citizens and originating in gross violations of the + law of nations and of the rights of the United States, and + that he never could obtain from France either a settlement of + those claims or even an examination and discussion of their + validity. To numerous letters addressed by him to His + Majesty's ministers on that subject either no answers were + given or answers which had for their only object to postpone + the investigation of the subject. Whilst, however, he + indulged the hope that these delays would be abandoned, and + that the rights of our citizens, which had been urged for so + many years, would at length be taken up for examination, he + learned with surprise and regret that His Majesty's + Government had determined to insist that they should be + discussed in connection with the question of the construction + of the eighth article of the Louisiana treaty of cession. + Against this determination he strongly but ineffectually + remonstrated in a letter to Mr. De Villele, dated the 12th + November, 1822. + </p> + <p> + It is notorious that the Government of the United States, + whenever requested by that of His Majesty, have uniformly + agreed to discuss any subject presented for their + consideration, whether the object has been to obtain the + redress of public or private injuries. Acting upon this + principle, the question of the eighth article of the + Louisiana treaty was, upon the suggestion of the minister of + France, made the subject of a voluminous correspondence, in + the course of which all the arguments of the parties + respectively were fully made known to each other and + examined. The result of this discussion has been a thorough + conviction on the part of the Government of the United States + that the construction of that article of the treaty contended + for by France is destitute of any solid foundation and wholly + inadmissible. After a discussion so full as to exhaust every + argument on that question, the attempt to renew it in + connection with the question of the claims of our citizens + appeared to the Government of the United States to be a + measure so contrary to the fair and regular course of + examining controverted points between nations that they + instructed Mr, Sheldon, their chargé d'affaires, to + prepare and present a note explaining their views of the + proceeding, which he delivered on the 11th of October, 1823. + To this note no answer has ever been received. + </p> + <p> + I have the express instructions of the Government again to + call the attention of that of His Majesty to this subject, + and to insist that the claims of our citizens may continue to + be discussed as a distinct question, without connecting it in + any way with the construction of the Louisiana treaty. The + two subjects are in every respect dissimilar. The difference + in the nature and character of the two interests is such as + to prevent them from being blended in the same discussion. + The claims against France are of reparation to individuals + for their property taken from them by undisputed wrong and + injustice; the claim of France under the treaty is that of a + right founded on a contract. In the examination of these + questions the one can impart no light to the other; they are + wholly unconnected, and ought on every principle to undergo a + distinct and separate examination. To involve in the same + investigation the indisputable rights of American citizens to + indemnity for losses and the doubtful construction of a + treaty can have no other effect than to occasion an + indefinite postponement of the reparation due to individuals + or a sacrifice on the part of the Government of the United + States of a treaty stipulation in order to obtain that + reparation. The United States would hope that such an + alternative will not be pressed upon them by the Government + of His Majesty. + </p> + <p> + Whilst I indulge a hope that the course to which I have + objected will no longer be insisted on by His Majesty's + ministers, permit me to renew to your excellency the sincere + assurance that the United States earnestly desire that every + subject of difference between the two countries should be + amicably adjusted and all their relations placed upon the + most friendly footing. Although they believe that any further + discussion of the eighth article of the Louisiana treaty + would be wholly unprofitable, they will be at all times ready + to renew the discussion of that article or to examine any + question which may remain to be adjusted between them and + France. + </p> + <p> + I request your excellency to accept, etc. + </p> + <p class="r"> + JAMES BROWN. + </p> + <p> + + </p> + <p> + + </p> + <center> + [Extract of a letter (No. 3) from James Brown to the + Secretary of State, dated Paris, May 11, 1824.] + </center> + <p> + I have the honor to inclose a copy of the answer of the + minister of foreign affairs to the letter which I addressed + to him on the 27th ultimo, upon the subject of the claims of + our citizens against the French Government. You will perceive + that no change has been made in the determination expressed + to Mr. Gallatin of connecting in the same discussion the + question on the eighth article of the Louisiana treaty of + cession and the claims of the citizens of the United States + against France. In expressing this resolution it has not been + considered necessary even to notice the arguments made use of + to induce them to adopt a different opinion. + </p> + <p> + + </p> + <p> + + </p> + <p> + <i>Viscount Chateaubriand to Mr. Brown</i>. + </p> + <center> + [Translation.] + </center> + <p> + PARIS, <i>May 7, 1824</i>. + </p> + <p> + SIR: The object of the letter which you did me the honor to + address to me on the 28th of April is to recall the affair of + American claims, already repeatedly called up by your + predecessors, that they may be regulated by an arrangement + between the two powers, and that in this negotiation the + examination of the difficulties which were raised about the + execution of the eighth article of the Louisiana treaty + should not be included. + </p> + <p> + Although the claims made by France upon this last point be of + a different nature from those of the Americans, yet no less + attention ought to be paid to arrange both in a just and + amicable manner. + </p> + <p> + Our claims upon the eighth article had already been laid + before the Federal Government by His Majesty's + plenipotentiary when he was negotiating the commercial + convention of 24th June, 1822. + </p> + <p> + The negotiators not agreeing upon a subject so important, the + King's Government did not wish this difficulty to suspend any + longer the conclusion of an arrangement which might give more + activity to commerce and multiply relations equally useful to + the two powers. It reserves to itself the power of + comprehending this object in another negotiation, and it does + not renounce in any manner the claim which it urged. + </p> + <p> + It is for this reason, sir, that my predecessors and myself + have constantly insisted that the arrangements to be made + upon the eighth article of the Louisiana treaty should be + made a part of those which your Government were desirous of + making upon other questions still at issue. + </p> + <p> + It is the intention of His Majesty not to leave unsettled any + subject of grave discussion between the two States, and the + King is too well convinced of the friendly sentiments of your + Government not to believe that the United States will be + disposed to agree with France on all the points. + </p> + <p> + His Majesty authorizes me, sir, to declare to you that a + negotiation will be opened with you upon the American claims + if this negotiation should also include the French claims, + and particularly the arrangements to be concluded concerning + the execution of the eighth article of the Louisiana treaty. + </p> + <p> + Accept, sir, the assurances of the very distinguished + consideration with which I have the honor to be, etc., + </p> + <p class="r"> + CHATEAUBRIAND. + </p> + <p> + + </p> + <p> + + </p> + <center> + [Extracts of a letter (No. 4) from the Secretary of State to + Mr. Brown, dated Department of State, Washington, August 14, + 1824.] + </center> + <p> + The subject which has first claimed the attention of the + President has been the result of your correspondence with the + Viscount de Chateaubriand in relation to the claims of + numerous citizens of the United States upon the justice of + the French Government. + </p> + <p> + I inclose herewith a copy of the report of the Committee on + Foreign Relations of the House of Representatives upon + several petitions addressed to that body at their last + session by some of those claimants and a resolution of the + House adopted thereupon. + </p> + <p> + The President has deliberately considered the purport of M. + de Chateaubriand's answer to your note of the 28th of April + upon this subject, and he desires that you will renew with + earnestness the application for indemnity to our citizens for + claims notoriously just and resting upon the same principle + with others which have been admitted and adjusted by the + Government of France. + </p> + <p> + In the note of the Viscount de Chateaubriand to you of 7th + May it is said that he is authorized to declare a negotiation + will be opened with you upon the American claims if this + negotiation should also include French claims, and + particularly the arrangements to be concluded concerning the + execution of the eighth article of the Louisiana treaty. + </p> + <p> + You are authorized in reply to declare that any just claims + which subjects of France may have upon the Government of the + United States will readily be included in the negotiation, + and to stipulate any suitable provision for the examination, + adjustment, and satisfaction of them. + </p> + <p> + But the question relating to the eighth article of the + Louisiana treaty is not only of a different + character—it can not be blended with that of indemnity + for individual claims without a sacrifice on the part of the + United States of a principle of right. The negotiation for + indemnity presupposes that wrong has been done, that + indemnity ought to be made, and the object of any treaty + stipulation concerning it can only be to ascertain what is + justly due and to make provision for the payment of it. By + consenting to connect with such a negotiation that relating + to the eighth article of the Louisiana convention the United + States would abandon the <i>principle</i> upon which the + whole discussion concerning it depends. The situation of the + parties to the negotiation would be unequal. The United + States, asking reparation for admitted wrong, are told that + France will not discuss it with them unless they will first + renounce their own sense of right to admit and discuss with + it a claim the <i>justice</i> of which they have constantly + denied. + </p> + <p> + The Government of the United States is prepared to renew the + discussion with that of France relating to the eighth article + of the Louisiana treaty in any manner which may be desired + and by which they shall not be understood to admit that + France has <i>any</i> claim under it whatever. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Brown to Mr. Adams</i> (<i>No. 12</i>). + </center> + <p class="r"> + PARIS, <i>August 12, 1824</i>. + </p> + <p> + SIR: Some very unimportant changes have taken place in the + composition of the ministry. The Baron de Damas, late + minister of war, is now minister of foreign affairs; the + Marquis de Clermont Tonnese is appointed to the department of + war, and the Count Chabrol de Crousal to that of the marine. + </p> + <p> + These appointments are believed to correspond with the wishes + of the president of the Council of Ministers, and do not + inspire a hope that our claims will be more favorably + attended to than they have been under the former + administrations. The interpretation of the eighth article of + the Louisiana treaty contended for by France will, I + apprehend, be persisted in and all indemnity refused until it + shall have been discussed and decided. After the + correspondence which has already passed upon that article, it + would appear that any further discussion upon it would be + wholly unprofitable. With a view, however, of ascertaining + the opinions of the minister of foreign affairs, I shall at + an early day solicit a conference with him, and inform you of + the result. + </p> + <p> + I have had the honor of receiving your letter recommending + the claim of Mr. Kingston to my attention. The difficulties + which that claim must experience, from its antiquity and from + the operation of the treaty of 1803, can not have escaped + your observation. It has also to encounter, in common with + all our claims, the obstacle presented by the eighth article, + which is found broad enough to be used as a shield to protect + France, in the opinion of ministers, from the examination and + adjustment of any claim which we can present. + </p> + <p> + I have the honor to be, with great respect, sir, your most + obedient and humble servant, + </p> + <p class="r"> + JAMES BROWN. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Brown to Mr. Adams</i> (<i>No. 14</i>). + </center> + <p class="r"> + PARIS, <i>September 28, 1824</i>. + </p> + <p> + SIR: Little has occurred of importance during the present + month, except the death of the King. This event had been + anticipated for nearly a year; he had declined gradually, and + the affairs of the Government have been for some time almost + wholly directed by Monsieur, who on his accession to the + throne has declared that his reign would be only a + continuation of that of the late King. No change in the + policy of the Government is expected, and probably none in + the composition of the ministry. The present King is + satisfied with Mr. De Villele, who is at its head; and if any + of its members should be changed the spirit in which public + affairs are directed will not, it is believed, be affected by + that circumstance. + </p> + <p> + The ceremonies attending the change of the Crown have + principally occupied the public attention for the last + fortnight. It will, I presume, be officially announced by the + French minister at Washington, and, according to the forms + observed here, will, I understand, require fresh letters of + credence for all foreign ministers at this Court, addressed + to the new King. + </p> + <p> + My health has not permitted me (having been confined for some + weeks to the bed by a rheumatic affection) to confer with the + Baron de Damas on our affairs since his appointment as + minister of the foreign department. I should regret this the + more if I were not satisfied that the same impulse will + direct the decisions of the Government upon these points now + as before he had this department in charge, and that no + favorable change in those decisions can be expected from any + personal influence which might be exerted by the new + minister. I shall, however, take the earliest opportunity + that my health will allow to mention the subject to him and + ascertain what his views of it are. + </p> + <p> + I have the honor to be, with great respect, sir, your most + obedient and humble servant. + </p> + <p class="r"> + JAMES BROWN. + </p> + <p> + + </p> + <p> + + </p> + <center> + [Extracts of a letter from Mr. James Brown to Mr, Adams (No. + 16).] + </center> + <p class="r"> + PARIS, <i>October 23, 1824</i>. + </p> + <p> + The packet ship which sailed from New York on the 1st of + September brought me the letter which you did me the honor to + address to me on the 14th of August. + </p> + <p> + In conformity with the instructions contained in that letter, + I have addressed one to the Baron de Damas, minister of + foreign affairs, a copy of which I now inclose. I expect to + receive his answer in time to be sent by the packet which + will sail from Havre on the 1st of next month, in which event + it may probably reach Washington about the 15th of December. + </p> + <p> + The recent changes which have been made in the ministry, of + which I have already informed you, do not justify any very + strong expectation that a change of measures in relation to + our affairs at this Court will follow. The same individuals + fill different places in the ministry from those which they + formerly held, but in all probability adhere to their former + opinions in relation to the subjects of discussion between + the United States and France. On the point to which my letter + to the Baron de Damas particularly relates the Count de + Villele has already given his deliberate views in his letters + to Mr. Gallatin dated 6th and 15th November, 1822, and I have + every reason to believe that they remain unchanged. Having + bestowed much attention on the subject, it is probable his + opinion will be in a great measure decisive as to the answer + which shall be given to my letter. It is the opinion of many + well-informed men that in the course of a few months + important changes will be made in the composition of the + ministry. As these changes, however, will proceed from causes + wholly unconnected with foreign affairs, I am by no means + sanguine in my expectations that under any new composition of + the ministry we may hope for a change of policy as it relates + to our claims. The eighth article of the Louisiana treaty + will be continually put forward as a bar to our claims and + its adjustment urged as often as we renew our claim for + indemnity. + </p> + <p> + The Journal des Débats of this morning states that at + a superior council of commerce and of the colonies at which + His Majesty yesterday presided Mr. De St. Cricq, president of + the bureau de commerce, made a report on the commercial + convention of the 24th June, 1822, between the United States + and France. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Brown to Baron de Damas</i>. + </center> + <p class="r"> + PARIS, <i>October 22, 1824</i>. + </p> + <p> + His Excellency BARON DE DAMAS,<br> + <i>Minister of Foreign Affairs, etc</i>. + </p> + <p> + SIR: I availed myself of the earliest opportunity to transmit + to my Government a copy of the letter which I had the honor + to address to the Viscount de Chateaubriand on the 28th day + of April last, together with a copy of his answer to that + letter, dated 7th of May. + </p> + <p> + After a candid and deliberate consideration of the subject of + that correspondence, my Government has sent me recent + instructions to renew with earnestness the application, + already so frequently and so ineffectually made, for + indemnity to our citizens for claims notoriously just, and + resting on the same principles with others which have been + admitted and adjusted by the Government of France. + </p> + <p> + In reply to that part of the Viscount de Chateaubriand's + letter in which he offers to open with me a negotiation upon + American claims if that negotiation should also include + French claims, and particularly the arrangements to be + concluded concerning the eighth article of the Louisiana + treaty, I have been instructed to declare that any just + claims which the subjects of France may have upon the + Government of the United States will readily be embraced in + the negotiation, and that I am authorized to stipulate any + suitable provision for the examination, adjustment, and + satisfaction of them. + </p> + <p> + The question relating to the eighth article of the Louisiana + treaty is viewed by my Government as one of a very different + character. It can not be blended with that of indemnity for + individual claims without a sacrifice on the part of the + United States of a principle of right. Every negotiation for + indemnity necessarily presupposes that some wrong has been + done, and that indemnity ought to be made; and the object of + every treaty stipulation respecting it can only be to + ascertain the extent of the injury, and to make provision for + its adequate reparation. This is precisely the nature of the + negotiation for American claims which has been for so many + years the subject of discussion between the Governments of + the United States and of France. The wrongs done to our + citizens have never been denied, whilst their right to + indemnity has been established by acts done by the French + Government in cases depending upon the same principles under + which they derive their claim. By consenting to connect with + such a negotiation that relating to the eighth article of the + Louisiana treaty the United States would abandon the + principle upon which the whole discussion depends. When + asking for reparation for acknowledged wrong the United + States have been told that France will not discuss it with + them unless they will first renounce their own sense of right + and admit and discuss in connection with it a claim the + justice of which they have hitherto constantly denied. In any + negotiation commenced under such circumstances the situation + of the parties would be unequal. By consenting to connect the + pretensions of France under the eighth article of the + Louisiana treaty with claims for indemnity for acknowledged + injustice and injury the United States would be understood as + admitting that those pretensions were well founded; that + wrong had been done to France for which reparation ought to + be made. The Government of the United States, not having yet + been convinced that this is the case, can not consent to any + arrangement which shall imply an admission so contrary to + their deliberate sense of right. + </p> + <p> + I am authorized and prepared on behalf of the United States + to enter upon a further discussion of the eighth article of + the Louisiana treaty in any manner which may be desired, and + by which they shall not be understood previously to admit + that the construction of that article claimed by France is + well founded; and also to renew the separate negotiation for + American claims, embracing at the same time all just claims + winch French subjects may have upon the Government of the + United States. + </p> + <p> + The change which has lately taken place in His Majesty's + department of foreign affairs encourages the hope that this + important subject will be candidly reconsidered; that the + obstacles which have arrested the progress of the negotiation + may be removed, and that the subjects of contestation between + the two Governments may be ultimately adjusted upon such + principles as may perpetuate the good understanding and + harmony which have so long subsisted between the United + States and France. + </p> + <p> + Should I, however, be disappointed in the result of this + application, it is to be seriously apprehended that as the + United States have not hitherto seen in the course of the + discussion any just claim of France arising from the eighth + article of the Louisiana treaty, so in the persevering + refusal of the French Government to discuss and adjust the + well-founded claims of citizens of the United States to + indemnity for wrongs unless in connection with one which they + are satisfied is unfounded the United States will ultimately + perceive only a determination to deny justice to the + claimants. + </p> + <p> + Permit me respectfully to request that at as early a day as + your convenience will allow your excellency will favor me + with an answer to this letter. + </p> + <p> + I embrace with pleasure this occasion to offer to your + excellency the renewed assurance, etc., + </p> + <p class="r"> + JAMES BROWN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 24, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 23d December, 1823, requesting that a + negotiation should be opened with the British Government "for + the cession of so much land on the island of Abaco at or near + the Hole-in-the-Wall, and on such other places within the + acknowledged dominions of that power on the islands, keys, or + shoals of the Bahama Banks as may be necessary for the + erection and support of light-houses, beacons, buoys, or + floating lights for the security of navigation over or near + the said banks, and to be used solely for that purpose," + directions were given to the minister of the United States at + London on the 1st of January, 1824, to communicate the + purport of that resolution to the Government of Great Britain + with a view to their acceding to the wish of this; and I + transmit to the House copies of Mr. Rush's correspondence + upon this subject, communicating the result of his + application to the British Government. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 28, 1824</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 27th instant, requesting information + explanatory of the character and objects of the visit of the + naval officer of the United States commanding in the West + Indies to the town of Faxyardo, in the island of Porto Rico, + on the —— day of November last, I herewith + transmit a report of the Secretary of the Navy, with a letter + from Commodore Porter, which contains all the information in + possession of the Executive on the subject. + </p> + <p> + Deeming the transactions adverted to of high importance, an + order has been sent to Commodore Porter to repair hither + without delay, that all the circumstances connected therewith + may be fully investigated. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 5, 1825</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + As the term of my service in this high trust will expire at + the end of the present session of Congress, I think it proper + to invite your attention to an object very interesting to me, + and which in the movement of our Government is deemed on + principle equally interesting to the public. I have been long + in the service of my country and in its most difficult + conjunctures, as well abroad as at home, in the course of + which I have had a control over the public moneys to a vast + amount. If in the course of my service it shall appear on the + most severe scrutiny, which I invite, that the public have + sustained any loss by any act of mine, or of others for which + I ought to be held responsible, I am willing to bear it. If, + on the other hand, it shall appear on a view of the law and + of precedents in other cases that justice has been withheld + from me in any instance, as I have believed it to be in many, + and greatly to my injury, it is submitted whether it ought + not to be rendered. It is my wish that all matters of account + and claims between my country and myself be settled with that + strict regard to justice which is observed in settlements + between individuals in private life. It would be gratifying + to me, and it appears to be just, that the subject should be + now examined in both respects with a view to a decision + hereafter. No bill would, it is presumed, be presented for my + signature which would operate either for or against me, and I + would certainly sanction none in my favor. While here I can + furnish testimony, applicable to any case, in both views, + which a full investigation may require, and the committee to + whom the subject may be referred, by reporting facts now with + a view to a decision after my retirement, will allow time for + further information and due consideration of all matters + relating thereto. Settlements with a person in this trust, + which could not be made with the accounting officers of the + Government, should always be made by Congress and before the + public. The cause of the delay in presenting these claims + will be explained to the committee to whom the subject may be + referred. It will, I presume, be made apparent that it was + inevitable; that from the peculiar circumstances attending + each case Congress alone could decide on it, and that from + considerations of delicacy it would have been highly improper + for me to have sought it from Congress at an earlier period + than that which is now proposed—the expiration of my + term in this high trust. + </p> + <p> + Other considerations appear to me to operate with great force + in favor of the measure which I now propose. A citizen who + has long served his country in its highest trusts has a + right, if he has served with fidelity, to enjoy undisturbed + tranquillity and peace in his retirement. This he can not + expect to do unless his conduct in all pecuniary concerns + shall be placed by severe scrutiny on a basis not to be + shaken. This, therefore, forms a strong motive with me for + the inquiry which I now invite. The public may also derive + considerable advantage from the precedent in the future + movement of the Government. It being known that such scrutiny + was made in my case, it may form a new and strong barrier + against the abuse of the public confidence in future. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 10, 1825</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I should hasten to communicate to you the documents called + for by the resolution of the House of Representatives of the + 4th instant, relating to the conduct of the officers of the + Navy of the United States on the Pacific Ocean and of other + public agents in South America, if such a communication might + now be made consistently with the public interest or with + justice to the parties concerned. In consequence of several + charges which have been alleged against Commodore Stewart, + touching his conduct while commanding the squadron of the + United States on that sea, it has been deemed proper to + suspend him from duty and to subject him to trial on these + charges. It appearing also that some of those charges have + been communicated to the Department by Mr. Prevost, political + agent at this time of the United States at Peru, and + heretofore at Buenos Ayres and Chile, and apparently with his + sanction, and that charges have likewise been made against + him by citizens of the United States engaged in commerce in + that quarter, it has been thought equally just and proper + that he should attend here, as well to furnish the evidence + in his possession applicable to the charges exhibited against + Commodore Stewart as to answer such as have been exhibited + against himself. + </p> + <p> + In this stage the publication of those documents might tend + to excite prejudices which might operate to the injury of + both. It is important that the public servants in every + station should perform their duty with fidelity, according to + the injunctions of the law and the orders of the Executive in + fulfillment thereof. It is peculiarly so that this should be + done by the commanders of our squadrons, especially on + distant seas, and by political agents who represent the + United States with foreign powers, for reasons that are + obvious in both instances. It is due to their rights and to + the character of the Government that they be not censured + without just cause, which can not be ascertained until, on a + view of tho charges, they are heard in their defense, and + after a thorough and impartial investigation of their + conduct. Under these circumstances it is thought that a + communication at this time of those documents would not + comport with the public interest nor with what is due to the + parties concerned. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 13, 1825</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with two resolutions of the Senate, the first + of the 21st and the second of the 23d December last, + requesting information respecting the injuries which have + been sustained by our citizens by piratical depredations, and + other details connected therewith, and requesting also + information of the measures which have been adopted for the + suppression of piracy, and whether in the opinion of the + Executive it will not be necessary to adopt other means for + the accomplishment of the object, and, in that event, what + other means it will be most advisable to recur to, I herewith + transmit a report from the Secretary of State, and likewise a + report from the Secretary of the Navy, with the documents + referred to in each. + </p> + <p> + On the very important question submitted to the Executive as + to the necessity of recurring to other more effectual means + for the suppression of a practice so destructive of the lives + and property of our citizens, I have to observe that three + expedients occur—one by the pursuit of the offenders to + the settled as well as the unsettled parts of the island from + whence they issue, another by reprisal on the property of the + inhabitants, and a third by the blockade of the ports of + those islands. It will be obvious that neither of these + measures can be resorted to in a spirit of amity with Spain + otherwise than in a firm belief that neither the Government + of Spain nor the government of either of the islands has the + power to suppress that atrocious practice, and that the + United States interposed their aid for the accomplishment of + an object which is of equal importance to them as well as to + us. Acting on this principle, the facts which justify the + proceeding being universally known and felt by all engaged in + commerce in that sea, it may fairly be presumed that neither + will the Government of Spain nor the government of either of + those islands complain of a resort to either of those + measures, or to all of them, should such resort be necessary. + It is therefore suggested that a power commensurate with + either resource be granted to the Executive, to be exercised + according to his discretion and as circumstances may + imperiously require. It is hoped that the manifestation of a + policy so decisive will produce the happiest result; that it + will rid these seas and this hemisphere of this practice. + This hope is strengthened by the belief that the Government + of Spain and the governments of the islands, particularly of + Cuba, whose chief is known here, will faithfully cooperate in + such measures as may be necessary for the accomplishment of + this very important object. To secure such cooperation will + be the earnest desire and, of course, the zealous and + persevering effort of the Executive. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 17, 1825</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, for its advice and consent as to + the ratification, a treaty which has been concluded by a + commissioner duly authorized for the purpose with the Quapaw + Indians in Arkansas for the cession of their claim to the + lands in that Territory. I transmit also a report from the + Secretary of War, with other documents, relating to this + subject. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 17, 1825. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Agreeably to the resolution of the Senate of 19th May last, + requesting the President to cause to be laid before the + Senate a report "shewing the amount of duties which shall + have accrued on importations into the United States for the + three quarters of a year ending June 30, 1824; also the + amount of duties which would have accrued on the same + importations at such higher rates of duty as may be imposed + by any act of the present session of Congress," I herewith + transmit a report from the Secretary of the Treasury, which + contains the information required. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 18, 1825</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate herewith to both Houses of Congress copies of + the convention between the United States and His Majesty the + Emperor of all the Russias, concluded at St. Petersburg on + the 5th (17th) of April last, which has been duly ratified on + both sides, and the ratifications of which were exchanged on + the 11th instant. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 20, 1825</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 19th of December, 1822, requesting the + President to communicate "what progress has been made in the + execution of the act of the last session entitled 'An act to + abolish the Indian trading establishments,' with a report + from the factories, respectively, as the same may be made to + him," I herewith transmit a report from the Secretary of the + Treasury, with documents, which contains the information + requested. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 27, 1825</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Being deeply impressed with the opinion that the removal of + the Indian tribes from the lands which they now occupy within + the limits of the several States and Territories to the + country lying westward and northward thereof, within our + acknowledged boundaries, is of very high importance to our + Union, and may be accomplished on conditions and in a manner + to promote the interest and happiness of those tribes, the + attention of the Government has been long drawn with great + solicitude to the object. For the removal of the tribes + within the limits of the State of Georgia the motive has been + peculiarly strong, arising from the compact with that State + whereby the United States are bound to extinguish the Indian + title to the lands within it whenever it may be done + peaceably and on reasonable conditions. In the fulfillment of + this compact, I have thought that the United States should + act with a generous spirit; that they should omit nothing + which should comport with a liberal construction of the + instrument and likewise be in accordance with the just rights + of those tribes. From the view which I have taken of the + subject I am satisfied that in the discharge of these + important duties in regard to both the parties alluded to the + United States will have to encounter no conflicting interests + with either. On the contrary, that the removal of the tribes + from the territory which they now inhabit to that which was + designated in the message at the commencement of the session, + which would accomplish the object for Georgia, under a + well-digested plan for their government and civilization, + which should be agreeable to themselves, would not only + shield them from impending ruin, but promote their welfare + and happiness. Experience has clearly demonstrated that in + their present state it is impossible to incorporate them in + such masses, in any form whatever, into our system. It has + also demonstrated with equal certainty that without a timely + anticipation of and provision against the dangers to which + they are exposed, under causes which it will be difficult, if + not impossible, to control, their degradation and + extermination will be inevitable. + </p> + <p> + The great object to be accomplished is the removal of these + tribes to the territory designated on conditions which shall + be satisfactory to themselves and honorable to the United + States. This can be done only by conveying to each tribe a + good title to an adequate portion of land to which it may + consent to remove, and by providing for it there a system of + internal government which shall protect their property from + invasion, and, by the regular progress of improvement and + civilization, prevent that degeneracy which has generally + marked the transition from the one to the other state. + </p> + <p> + I transmit herewith a report from the Secretary of War, which + presents the best estimate which can be formed, from the + documents in that Department, of the number of Indians within + our States and Territories and of the amount of lands held by + the several tribes within each; of the state of the country + lying northward and westward thereof, within our acknowledged + boundaries; of the parts to which the Indian title has + already been extinguished, and of the conditions on which + other parts, in an amount which may be adequate to the object + contemplated, may be obtained. By this report it appears that + the Indian title has already been extinguished to extensive + tracts in that quarter, and that other portions maybe + acquired to the extent desired on very moderate conditions. + Satisfied I also am that the removal proposed is not only + practicable, but that the advantages attending it to the + Indians may be made so apparent to them that all the tribes, + even those most opposed, may be induced to accede to it at no + very distant day. + </p> + <p> + The digest of such a government, with the consent of the + Indians, which should be endowed with sufficient power to + meet all the objects contemplated—to connect the + several tribes together in a bond of amity and preserve order + in each; to prevent intrusions on their property; to teach + them by regular instruction the arts of civilized life and + make them a civilized people—is an object of very high + importance. It is the powerful consideration which we have to + offer to these tribes as an inducement to relinquish the + lands on which they now reside and to remove to those which + are designated. It is not doubted that this arrangement will + present considerations of sufficient force to surmount all + their prejudices in favor of the soil of their nativity, + however strong they may be. Their elders have sufficient + intelligence to discern the certain progress of events in the + present train, and sufficient virtue, by yielding to + momentary sacrifices, to protect their families and posterity + from inevitable destruction. They will also perceive that + they may thus attain an elevation to which as communities + they could not otherwise aspire. + </p> + <p> + To the United States the proposed arrangement offers many + important advantages in addition to those which have been + already enumerated. By the establishment of such a government + over these tribes with their consent we become in reality + their benefactors. The relation of conflicting interests + which has heretofore existed between them and our frontier + settlements will cease. There will be no more wars between + them and the United States. Adopting such a government, their + movement will be in harmony with us, and its good effect be + felt throughout the whole extent of our territory to the + Pacific. It may fairly be presumed that, through the agency + of such a government, the condition of all the tribes + inhabiting that vast region may be essentially improved; that + permanent peace may be preserved with them, and our commerce + be much extended. + </p> + <p> + With a view to this important object I recommend it to + Congress to adopt, by solemn declaration, certain fundamental + principles in accord with those above suggested, as the basis + of such arrangements as may be entered into with the several + tribes, to the strict observance of which the faith of the + nation shall be pledged, I recommend it also to Congress to + provide by law for the appointment of a suitable number of + commissioners who shall, under the direction of the + President, be authorized to visit and explain to the several + tribes the objects of the Government, and to make with them, + according to their instructions, such arrangements as shall + be best calculated to carry those objects into effect. + </p> + <p> + A negotiation is now depending with the Creek Nation for the + cession of lands held by it within the limits of Georgia, and + with a reasonable prospect of success. It is presumed, + however, that the result will not be known during the present + session of Congress. To give effect to this negotiation and + to the negotiations which it is proposed to hold with all the + other tribes within the limits of the several States and + Territories on the principles and for the purposes stated, it + is recommended that an adequate appropriation be now made by + Congress. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 27, 1825</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate a treaty concluded in this city with + a deputation from the Choctaw Indians, accompanied with the + report from the Secretary of War, with a copy of the + correspondence connected with the negotiations, for the + advice and consent of the Senate. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 2, 1825</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate herewith to both Houses of Congress copies of + the alterations in the treaty of peace and friendship of + August, 1797, between the United States and the Bashaw Bey of + Tunis, concluded at the Palace of Bardo, near Tunis, on the + 24th of February last, and of treaties between the United + States and the Sock and Fox tribes of Indians and the Ioway + tribe of Indians, concluded at the city of Washington on the + 4th of August last, which have been duly ratified. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 4, 1825</i>. + </p> + <p> + The PRESIDENT PRO TEMPORE OF THE SENATE: + </p> + <p> + It appearing by certain provisions contained in a late act of + the general assembly of Virginia, entitled "An act + incorporating the Chesapeake and Ohio Canal Company," that + the assent of Congress will be necessary to carry the said + act into effect, I herewith transmit a copy thereof, that it + may be considered with a view to the object contemplated. + </p> + <p class="r"> + JAMES MONROE. + </p> + <center> + [The same message was sent to the House of Representatives.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 7, 1825</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit herewith to the House a report from the Secretary + of State, with copies of the correspondence relating to the + claims of the citizens of the United States upon the + Government of the Netherlands, requested by a resolution of + the House of the 18th of January last. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 11, 1825</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of January 5, I herewith transmit a report + from the Secretary of the Navy, with copies of the + proceedings of the courts-martial in the cases of Lieutenants + Weaver and Conner. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 14, 1825</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I herewith transmit a report from the Secretary of War, with + a report to him by the Chief Engineer, of the examination + which has been made by the Board of Engineers for Internal + Improvement, in obedience to their instructions, of the + country between the Potomac and Ohio rivers, between the + latter and Lake Erie, between the Allegheny and Schuylkill + rivers, the Delaware and the Raritan, between Buzzards and + Barnstable bays, and the Narraganset roads and Boston Harbor, + with explanatory observations on each route. From the view + which I have taken of these reports I contemplate results of + incalculable advantage to our Union, because I see in them + the most satisfactory proof that certain impediments which + had a tendency to embarrass the intercourse between some of + its most important sections may be removed without serious + difficulty, and that facilities may be afforded in other + quarters which will have the happiest effect. Of the right in + Congress to promote these great results by the appropriation + of the public money, in harmony with the States to be + affected by them, having already communicated my sentiments + fully and on mature consideration, I deem it unnecessary to + enlarge at this time. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 16, 1825</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives a report from the + Secretary of State, containing the information called for by + their resolution of the 1st of this month, touching the + capture and detention of American fishermen during the last + season. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 17, 1825</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House a report from the Secretary + of State, with copies of the correspondence with the + Government of France, requested by the resolution of the + House of the 25th of January last. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 17, 1825</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I invite the attention of Congress to the peculiar situation + of this District in regard to the exposure of its inhabitants + to contagious diseases from abroad, against which it is + thought that adequate provision should now be made. The + exposure being common to the whole District, the regulation + should apply to the whole, to make which Congress alone + possesses the adequate power. That the regulation should be + made by Congress is the more necessary from the consideration + that this being the seat of the Government, its protection + against such diseases must form one of its principal objects. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 21, 1825</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit herewith a report from the Secretary of War, with + a report to him from the Third Auditor, of the settlement in + the amount stated of the claims of the State of Massachusetts + for services rendered by the militia of that State in the + late war, the payment of which has hitherto been prevented by + causes which are well known to Congress. Having communicated + my sentiments on this subject fully in a message bearing date + on the 23d of February, 1824, it is unnecessary to repeat in + detail here what I there advanced. By recurring to that + message and to the documents referred to in it it will be + seen that the conduct of the executive of that State in + refusing to place the militia thereof at that difficult + conjuncture under the direction of the Executive of the + United States, as it was bound to do by a fair construction + of the Constitution, and as the other States did, is the + great cause to which the difficulty adverted to is to be + ascribed. It will also be seen on a view of those documents + that the executive of the State was warned at the time if it + persevered in the refusal that the consequences which have + followed would be inevitable; that the attitude assumed by + the State formed a case which was not contemplated by the + existing laws of the United States relating to militia + services; that the payment of the claims of the State for + such services could be provided for by Congress only and by a + special law for the purpose. Having made this communication + while acting in the Department of War to the governor of + Massachusetts, with the sanction and under the direction of + my enlightened and virtuous predecessor, it would be improper + in any view which may be taken of the subject for me to + change the ground then assumed, to withdraw this great + question from the consideration of Congress, and to act on it + myself. Had the Executive been in error, it is entitled to + censure, making a just allowance for the motive which guided + it. If its conduct was correct, the ground then assumed ought + to be maintained by it. It belongs to Congress alone to + terminate this distressing incident on just principles, with + a view to the highest interests of our Union. + </p> + <p> + From the view which I have taken of the subject I am + confirmed in the opinion that Congress should now decide on + the claim and allow to the State such portions thereof as are + founded on the principles laid down in the former message. If + those principles are correct, as on great consideration I am + satisfied they are, it appears to me to be just in itself and + of high importance that the sums which may be due in + conformity therewith should no longer be withheld from the + State. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 21, 1825</i>. + </p> + <p> + The PRESIDENT OF THE SENATE PRO TEMPORE: + </p> + <p> + I transmit to the Senate a convention, signed by the + plenipotentiaries of the United States and of the Republic of + Colombia at Bogota on the 10th of December, 1824, together + with the documents appertaining to the negotiation of the + same, for the constitutional consideration of the Senate with + regard to its ratification, + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 21, 1825</i>. + </p> + <p> + The PRESIDENT OF THE SENATE PRO TEMPORE: + </p> + <p> + I transmit to the Senate a convention of general peace, + amity, navigation, and commerce, signed by the + plenipotentiaries of the United States and of the Republic of + Colombia at Bogota on the 3d of October, 1824, together with + the documents appertaining to the negotiation of the same, + for the constitutional consideration of the Senate with + regard to its ratification. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 23, 1825</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit to the House of Representatives a further report + from the Secretary of State, in pursuance of their resolution + of the 1st instant, with the papers to which it refers, upon + the subject of the capture and detention of American + fishermen the past season in the Bay of Fundy. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 25, 1825</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I communicate herewith to both Houses of Congress copies of + the treaties between the United States and the Quapaw Nation + of Indians, concluded at Harringtons, in the Territory of + Arkansas, on the 15th day of November last, and between the + United States and the Choctaw Nation of Indians, concluded at + the city of Washington on the 20th day of January last, which + have been duly ratified. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 26, 1825</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Just before the termination of the last session an act + entitled "An act concerning wrecks on the coast of Florida," + which then passed, was presented to me with many others and + approved, and, as I thought, signed. A report to that effect + was then made to Congress. It appeared, however, after the + adjournment that the evidence of such approbation had not + been attached to it. Whether the act may be considered in + force under such circumstances is a point on which it belongs + not to me to decide. To remove all doubt on the subject, I + submit to the consideration of Congress the propriety of + passing a declaratory act to that effect. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 28, 1825</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, for the exercise of its + constitutional power, a treaty lately concluded at the Indian + Springs, by commissioners of the United States duly + authorized, with the chiefs of the Creek Nation, assembled + there in council, with the documents connected therewith. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + [From Senate Journal, Eighteenth Congress, second session, p. + 269.] + </center> + <p class="r"> + WASHINGTON, <i>January 19, 1825</i>. + </p> + <p> + <i>The President of the United States to + ———, Senator for the State of + ———</i>: + </p> + <p> + Certain matters touching the public good requiring that the + Senate of the United States should be convened on Friday, the + 4th day of March next, you are desired to attend at the + Senate Chamber, in the city of Washington, on that day, then + and there to receive and deliberate on such communications as + shall be made to you. + </p> + <p class="r"> + JAMES MONROE. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FOOTNOTES + </h2><a name="note-1"><!--Note--></a> + <p class="foot"> + <u>1</u> An error; so in the original message. The date of + the resolution is the 18th of April. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + + <div>*** END OF THE PROJECT GUTENBERG EBOOK 10919 ***</div> +</body> +</html> |