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diff --git a/old/10919.txt b/old/10919.txt new file mode 100644 index 0000000..1bd2221 --- /dev/null +++ b/old/10919.txt @@ -0,0 +1,16692 @@ +The Project Gutenberg EBook of A Compilation of the Messages and Papers of +the Presidents, by James D. Richardson + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Compilation of the Messages and Papers of the Presidents + Section 1 (of 3) of Volume 2: James Monroe + +Author: James D. Richardson + +Release Date: February 3, 2004 [EBook #10919] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK JAMES MONROE *** + + + + +Produced by Juliet Sutherland, David Garcia and the Online Distributed +Proofreading Team. + + + + + +A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS + +BY JAMES D. RICHARDSON + + +VOLUME II + + +1897 + + + + +Prefatory Note + + +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. + +I have inserted in this volume a steel engraving of the Treasury +building; the succeeding volumes will contain engravings of other +important public buildings. + +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. + +If this volume meets the same degree of favor as the first, I shall be +greatly gratified. + +JAMES D. RICHARDSON. + +JULY 4, 1896. + + + + +James Monroe + +March 4, 1817, to March 4, 1825 + + + + +James Monroe + + +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. + + + +LETTER FROM THE PRESIDENT ELECT. + +The President of the Senate communicated the following letter from the +President elect of the United States: + +CITY OF WASHINGTON, _March 1, 1817_. + +Hon. JOHN GAILLARD. + +_President of the Senate of the United States_. + +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. + +I have the honor to be, with the greatest respect, sir, your most +obedient and most humble servant, + +JAMES MONROE. + + + + +FIRST INAUGURAL ADDRESS. + + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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! + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +MARCH 4, 1817. + + + + +PROCLAMATION. + + +[From Niles's Weekly Register, vol. 12, p. 176.] + +BY THE PRESIDENT OF THE UNITED STATES. + + +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 + +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: + +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. + +Given under my hand this 15th day of April, 1817. + +JAMES MONROE. + +By the President: + J. MEIGS, + _Commissioner of the General Land Office_ + + + + +FIRST ANNUAL MESSAGE. + + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +With the Barbary States and the Indian tribes our pacific relations have +been preserved. + +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. + +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. + +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. + +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. + +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. + +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. + +The regular force amounts nearly to the number required by law, and is +stationed along the Atlantic and inland frontiers. + +Of the naval force it has been necessary to maintain strong squadrons in +the Mediterranean and in the Gulf of Mexico. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + +DECEMBER 2, 1817. + + + + +SPECIAL MESSAGES. + +_To the Senate of the United States_: + +I submit to the Senate, for their consideration and advice, the +following treaties entered into with several of the Indian tribes, +to wit: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + +DECEMBER 11, 1817. + + + +WASHINGTON, _December 15, 1817_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +DECEMBER 18, 1817. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +DECEMBER 22, 1817. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +DECEMBER 29, 1817. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +DECEMBER 29, 1817. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 12, 1818_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + +JANUARY 13, 1818. + + + +WASHINGTON, _January 23, 1818_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 28, 1818_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 29, 1818_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + +FEBRUARY 2, 1818. + + + +WASHINGTON, _February 6, 1818_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 10, 1818_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 12, 1818_. + +_To the Senate and House of Representatives_: + +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. + +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 _from the day of +its signature_. The revocation of all the discriminating duties became, +therefore, the obligation of both Governments _from that day_, 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 _all_ the extra duties _incompatible with +the terms of the convention_ 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 _all_ 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. + +JAMES MONROE. + + + +WASHINGTON, _February 23, 1818_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 23, 1818_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 25, 1818_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +FEBRUARY 27, 1818. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 28, 1818_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 11, 1818_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 14, 1818_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 16, 1818_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 16, 1818_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +MARCH 19, 1818. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 23, 1818_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 25, 1818_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 25, 1818_. + +_To the House of Representatives of the United States_: + +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, + +JAMES MONROE. + + + +WASHINGTON, _March 26, 1818_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 28, 1818_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +APRIL 6, 1818. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _April 9, 1818_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +APRIL 10, 1818. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _April 15, 1818_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _April 20, 1818_. + +_To the Senate of the United States_: + +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." + +JAMES MONROE. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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 + +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 + +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 + +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 + +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: + +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. + +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. + +JAMES MONROE. + +By the President: + John Quincy Adams + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +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: + + 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-- + + On Lake Ontario, to one vessel not exceeding 100 tons burden and + armed with one 18-pound cannon. + + On the upper lakes, to two vessels not exceeding like burden each + and armed with like force. + + On the waters of Lake Champlain, to one vessel not exceeding like + burden and armed with like force. + + All other armed vessels on these lakes shall be forthwith dismantled, + and no other vessels of war shall be there built or armed. + + 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. + + 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. + + +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: + +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. + +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. + +JAMES MONROE. + +By the President: + John Quincy Adams, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +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: + +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. + +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. + +JAMES MONROE. + +By the President: + John Quincy Adams, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +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 + +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: + +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. + +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. + +JAMES MONROE. + +By the President: + JOHN QUINCY ADAMS, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +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 + +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: + +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. + +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. + +JAMES MONROE. + +By the President: + John Quincy Adams, + _Secretary of State_. + + + + +SECOND ANNUAL MESSAGE. + + +NOVEMBER 16, 1818. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +I have great satisfaction in stating that our relations with France, +Russia, and other powers continue on the most friendly basis. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + + +SPECIAL MESSAGES. + + +NOVEMBER 30, 1818. + +_To the Senate of the United States_: + +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. + +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. + +JAMES MONROE. + + + +DECEMBER 2, 1818. + +_To the Senate of the United States_: + +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. + +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. + +The residue of the documents will be communicated as soon as they are +prepared. + +JAMES MONROE. + + + +WASHINGTON, _December 2, 1818_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +DECEMBER 2, 1818. + +_To the House of Representatives of the United States_: + +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. + +The residue of the documents, which are very voluminous, will be +transmitted as soon as they can be prepared. + +JAMES MONROE. + + + +DECEMBER 12, 1818. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +DECEMBER 29, 1818. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +DECEMBER 31, 1818. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +DECEMBER 31, 1818. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 4, 1819_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +JANUARY 4, 1819. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +JANUARY 11, 1819. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +JANUARY 29, 1819. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +JANUARY 30, 1819. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +FEBRUARY 2, 1819. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +FEBRUARY 2, 1819. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 3, 1819_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +FEBRUARY 5, 1819. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 6, 1819_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +FEBRUARY 6, 1819. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MONROE. + + + +FEBRUARY 22, 1819. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 26, 1819_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +MARCH 2, 1819. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + + +THIRD ANNUAL MESSAGE. + + +WASHINGTON, _December 7, 1819_. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + + +SPECIAL MESSAGES. + + +WASHINGTON, _December 7, 1819_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 14, 1819_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 17, 1819_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 17, 1819_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 24, 1819_. + +_To the Senate and House of Representatives of the United States_: + +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 _Henrick_ 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. + +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. + +JAMES MONROE. + + + +DECEMBER 31, 1819. + +_To the Senate of the United States_: + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 8, 1820_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 8, 1820_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 19, 1820_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 8, 1820_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 1, 1820_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 4, 1820_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 8, 1820_. + +The PRESIDENT PRO TEMPORE OF THE SENATE: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 8, 1820_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 17, 1820_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 20, 1820_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 27, 1820_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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 charge 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. + +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. + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 9, 1820_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 11, 1820_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 12, 1820_. + +The SPEAKER OF THE HOUSE OF REPRESENTATIVES: + +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. + +JAMES MONROE. + + + + +PROCLAMATION. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +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 + +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: + +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. + +[SEAL.] + +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. + +JAMES MONROE. + +By the President: + JOHN QUINCY ADAMS, + _Secretary of State_. + + + + +FOURTH ANNUAL MESSAGE. + + +WASHINGTON, _November 14, 1820_. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + + +SPECIAL MESSAGES. + + +DECEMBER 12, 1820. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +DECEMBER 14, 1820. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 14, 1820_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 1, 1821_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 4, 1821_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 4, 1821_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + +WASHINGTON, _January 12, 1821_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 18, 1821_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 18, 1821_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 31, 1821_. + +_To the Senate and House of Representatives_: + +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. + +JAMES MONROE. + + + +FEBRUARY 5, 1821. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +FEBRUARY 8, 1821. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +FEBRUARY 13, 1821. + +_To the Senate of the United States_: + +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. + +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. + +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. + +The return of the original papers now transmitted, to avoid the delay +necessary to the making of copies, is requested. + +JAMES MONROE. + + + +WASHINGTON, _February 22, 1821_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + +WASHINGTON, _February 22, 1821_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + +WASHINGTON, _February 24, 1821_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 28, 1821_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 2, 1821_. + +_To the Congress of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 3, 1821_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + + +SECOND INAUGURAL ADDRESS. + + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +MARCH 5, 1821. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +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 + +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: + +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. + +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. + +In testimony whereof I have caused the seal of the United States to be +affixed to these presents, and signed the same with my hand. + +[SEAL.] + +Done at the city of Washington, this 10th day of July, A.D. 1821, and of +the Independence of the United States the forty-sixth. + +JAMES MONROE. + +By the President: + JOHN QUINCY ADAMS, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES. + +A PROCLAMATION. + + +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: _Provided_, 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 + +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:" + +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. + +In testimony whereof I have caused the seal of the United States of +America to be affixed to these presents, and signed the same with my +hand. + +[SEAL.] + +Done at the city of Washington, the 10th day of August, A.D. 1821, and +of the Independence of the said United States of America the +forty-sixth. + +JAMES MONROE. + +By the President: + JOHN QUINCY ADAMS, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +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 + +Whereas satisfactory proof has been received by me, through the charge +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: + +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. + +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. + +JAMES MONROE. + +By the President: + JOHN QUINCY ADAMS, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +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 + +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: + +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. + +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. + +JAMES MONROE. + +By the President: + JOHN QUINCY ADAMS, + _Secretary of State_. + + + + +FIFTH ANNUAL MESSAGE. + +WASHINGTON, _December 3, 1821_. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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 _Apollo_, 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. + +As little cause has the Government of France to complain of the seizure +of the _Apollo_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + + +SPECIAL MESSAGES. + + +WASHINGTON, _December 16, 1821_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 16, 1821_. + +_To the House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + +DECEMBER 30, 1821. + +_To the Senate of the United States_: + +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. + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON _January 7, 1822_. + +_To the Congress of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 8, 1822_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MONROE. + + + +JANUARY 17, 1822. + +_To the Senate of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 20, 1822_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 28, 1822_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 30, 1822_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 30, 1822_. + +_To the House of Representatives of the United States_: + +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." + +JAMES MONROE. + + + +WASHINGTON, _February 7, 1822_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 10, 1822_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 23, 1822_. + +_To the House of Representatives_: + +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, + +JAMES MONROE. + + + +WASHINGTON, _February 23, 1822_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 25, 1822_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 4, 1822_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 8, 1822_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 9, 1822_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 12, 1822_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 26, 1822_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + +MARCH 26, 1822. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 27, 1822_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 28, 1822_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 29, 1822_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _April 5, 1822_. + +_To the House of Representatives of the United States_: + +I communicate herewith to the House a report from the Secretary of War, +containing the information requested by their resolution of the 5th +ultimo. + +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. + +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. + +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. + +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 _the military_ 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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _April 6, 1822_. + +_To the House of Representatives of the United States_: + +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. + +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. + +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. + +JAMES MONROE. + + + +APRIL, 13, 1822. + +_To the Senate of the United States_: + +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. + +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. + +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. + +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. + +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 _corps_ 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 _corps of troops_, as in the +former act, and without any limitation as to grades. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _corps +of troops_ then in the service of the United States, whereas in the +latter the term _troops_ 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. + +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 +_corps of troops_--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. + +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. + +JAMES MONROE. + + + +APRIL 15, 1822. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _April 15, 1822_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _April 15, 1822_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _April 18, 1822_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + +[The same message was sent to the Senate.] + + + +WASHINGTON, _April 23, 1822_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _April 26, 1822_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _April 29, 1822_. + +_To the House of Representatives_: + +I transmit to the House of Representatives a report from the Secretary +of State, in pursuance of their resolution of the 20th instant,[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 _La Pensee_." + +JAMES MONROE. + +[Footnote: A: An error; so in the original message. The date of the +resolution is the 18th of April.] + + + +WASHINGTON, _April 30, 1822_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 1, 1822_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 1, 1822_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 4, 1822_. + +_To the House of Representatives of the United States_: + +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." + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 6, 1822_. + +_To the Senate and House of Representatives_: + +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. + +JAMES MONROE. + + + +_Don Joaquin de Anduaga to the Secretary of State_. + +[Translation.] + +PHILADELPHIA, _April 24, 1822_. + +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. Donoju, 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. Donoju, 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. Donoju 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. + +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. Donoju with Iturbide--since not having had that power +nor instruction to conclude it it is clearly null and of no value. + +I repeat to you, sir, the sentiments of my distinguished consideration, +and pray God that you live many years. + +JOAQUIN DE ANDUAGA. + + + +_Don Joaquin de Anduaga to the Secretary of State_. + +[Translation.] + +PHILADELPHIA, _April 26, 1822_. + + + +JOHN QUINCY ADAMS, +_Secretary of State_. + +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. + +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: + +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. + +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, _after having examined them_, 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. + +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. + +I renew to you, sir, the sentiments of my distinguished consideration. + +JOAQUIN DE ANDUAGA. + + + +WASHINGTON, _May 6, 1822_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 7, 1822_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 7, 1822_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 7, 1822_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + + +VETO MESSAGE. + + +WASHINGTON, _May 4, 1822_. + +_To the House of Representatives_: + +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. + +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. + +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. + +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: + +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. + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 4, 1822_. + +_To the House of Representatives_: + +I transmit the paper alluded to in the message of this day, on the +subject of internal improvements. + +JAMES MONROE. + + + +VIEWS OF THE PRESIDENT OF THE UNITED STATES ON THE SUBJECT OF INTERNAL +IMPROVEMENTS. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Article I declares that the style of the Confederacy shall be "The +United States of America." + +Article II. Each State retains its sovereignty, freedom, and +independence, and every power and right which is not expressly delegated +to the United States. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Article X regulates the powers of the committee of the States to sit in +the recess of Congress. + +Article XI provides for the admission of Canada into the Confederation. + +Article XII pledges the faith of the United States for the payment of +all bills of credit issued and money borrowed on their account. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +By the eighth section of the first article of the Constitution it is +declared that Congress shall have power-- + +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; + +Second. To borrow money; + +Third. To regulate commerce with foreign nations, and among the several +States, and with the Indian tribes; + +Fourth. To establish an uniform rule of naturalization and uniform laws +respecting bankruptcies; + +Fifth. To coin money, regulate the value thereof and of foreign coin, +and fix the standard of weights and measures; + +Sixth. To provide for the punishment of counterfeiting the securities +and current coin of the United States; + +Seventh. To establish post offices and post-roads; + +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; + +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; + +Tenth. To declare war, grant letters of marque and reprisal, and make +rules concerning captures on land and water; + +Eleventh. To raise and support armies; + +Twelfth. To provide and maintain a navy; + +Thirteenth. To make rules for the government of the land and naval +forces; + +Fourteenth. To provide for calling forth the militia to execute the laws +of the Union, suppress insurrections, and repel invasions; + +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; + +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; + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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: _Provided_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _appropriate_ the public money raised under +the other part. To what extent that power may be carried will be the +next object of inquiry. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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: +_Provided_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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." + +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." + +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." + +On the 4th December following a resolution passed recommending the same +measure, and precisely in the same words, to the convention of Virginia. + +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." + +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. + +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. + +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. + +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. + +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. + + + + +PROCLAMATIONS. + + +BY THE PRESIDENT OF THE UNITED STATES. + +A PROCLAMATION. + + +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 + +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: + +[Here follows the treaty.] + +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. + +In testimony whereof I have caused the seal of the United States to be +affixed to these presents, and signed the same with my hand. + +[SEAL.] + +Done at Washington, the 24th day of June, A.D. 1822, and of the +Independence of the-United States the forty-sixth. + +JAMES MONROE. + +By the President: + JOHN QUINCY ADAMS, + _Secretary of State_. + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + + +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 + +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: + +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: + +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: _And provided always_, +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. + +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. + +JAMES MONROE. + +By the President: + JOHN QUINCY ADAMS, + _Secretary of State_. + + + + +SIXTH ANNUAL MESSAGE. + + +WASHINGTON, _December 3, 1822_. + +_Fellow-Citizens of the Senate and House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The fiscal operations of the year have been more successful than had +been anticipated at the commencement of the last session of Congress. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + + +SPECIAL MESSAGES. + + +DECEMBER 4, 1822. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +DECEMBER 4, 1822. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 6, 1822_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 7, 1822_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 9, 1822_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + +[The same message, dated December 6, 1822, was sent to the House of +Representatives.] + + + +WASHINGTON, _December 9, 1822_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 3, 1823_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 3, 1823_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 3, 1823_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 6, 1823_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +JANUARY 6, 1823. + +_To the Senate_: + +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." + +JAMES MONROE. + + + +WASHINGTON, _January 10, 1823_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 16, 1823_. + +The VICE-PRESIDENT OF THE UNITED STATES AND PRESIDENT OF THE SENATE: + +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. + +JAMES MONROE. + +[The same message was addressed to the Speaker of the House of +Representatives.] + + + +JANUARY 22, 1823. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +JANUARY 22, 1823. + +_To the Senate and House of Representatives_: + + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 25, 1823_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +_To the Senate and House of Representatives of the United States_: + +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. + +It is confidently believed that this invention combines advantages so +highly useful as to justify the appropriation required. + +JAMES MONROE. + +JANUARY 28, 1823 + + + +FEBRUARY 3, 1823. + +_To the Senate of the United States_: + +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, + +JAMES MONROE. + +[The same message was addressed to the Speaker of the House of +Representatives.] + + + +WASHINGTON, _February 3, 1823_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +FEBRUARY 4, 1823. + +_To the House of Representatives of the United States_: + +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. + +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. + +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. + +JAMES MONROE. + + + +FEBRUARY 6, 1823. + +_To the House of Representatives_: + +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, + +JAMES MONROE. + + + +FEBRUARY 10, 1823. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 13, 1823_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +FEBRUARY 14, 1823. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +FEBRUARY 17, 1823. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 18, 1823_. + +The VICE-PRESIDENT OF THE UNITED STATES AND PRESIDENT OF THE SENATE: + +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. + +JAMES MONROE. + +[The same message was sent to the House of Representatives.] + + + +FEBRUARY 19, 1823. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 19, 1823_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +FEBRUARY 19, 1823. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +FEBRUARY 22, 1823. + +_To the House of Representatives of the United States_: + + +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. + +JAMES MONROE. + + + +FEBRUARY 25, 1823. + +_To the Congress of the United States_: + +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. + +JAMES MONROE. + + + +FEBRUARY 25, 1823. + +_To the Senate of the United States_: + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 26, 1823_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 27, 1823_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 28, 1823_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 28, 1823_. + +_To the House of Representatives_: + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 7, 1823_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + + +SEVENTH ANNUAL MESSAGE. + + +WASHINGTON, _December 2, 1823_. + +_Fellow-Citizens of the Senate and House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _late_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _de facto_ 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. + +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? + +JAMES MONROE. + + + + +SPECIAL MESSAGES. + + +WASHINGTON CITY, _December 7, 1823_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + +DECEMBER 15, 1823. + + + +WASHINGTON, _December 23, 1823_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 31, 1823_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 5, 1824_. + +_To the House of Representatives of the United States_: + +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, + +JAMES MONROE. + + + +WASHINGTON, _January 9, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 12, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 30, 1824_. + +_To the House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 2, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 23, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 23, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 23, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 23, 1824_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + +FEBRUARY 24, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 25, 1824_. + +_To the House of Representatives of the United States_: + +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." + +JAMES MONROE. + + + +MARCH 3, 1824. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +MARCH 4, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 4, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 8, 1824_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + +MARCH 17, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 25, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 25, 1824_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +MARCH 25, 1824. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MONROE. + + + +MARCH 28, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +MARCH 30, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _March 30, 1824_. + +_To the Senate and House of Representatives of the United States_: + +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 _peaceably_ and on +_reasonable_ 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. + +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. + +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 _peaceably_ and on _reasonable_ +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. + +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. + +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. + +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. + +JAMES MONROE. + + + +APRIL 9, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + +APRIL, 12, 1824. + + + +APRIL, 16, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +APRIL, 16, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +APRIL, 16, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _April 18, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +APRIL, 23, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +APRIL 27, 1824. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +APRIL, 28, 1824. + +_To the House of Representatives_: + +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. + +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: + +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. + +Second. That a reasonable commission should be allowed him on all moneys +disbursed by him during the late war. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _April 30, 1824_. + +_To the Senate of the United States_: + +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. + +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. + +JAMES MONROE. + + + +APRIL 30, 1824. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 7, 1824_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +MAY 11, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +MAY 13, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +MAY 14, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 18, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _May 21, 1824_. + +_To the Senate of the United States_: + +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. + +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: + + SEC. 4. _And be it further enacted_, 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. + + SEC. 5. _And be it further enacted_, 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. + +And on the 28th February, 1823, the House of Representatives, by a +majority of 131 to 9, passed a resolution to the following effect: + + _Resolved_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 charge d'affaires of the British +Government, which shows the deep interest which that Government takes +in the ratification of the treaty. + +JAMES MONROE. + + + +WASHINGTON CITY, _May 22, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +MAY 24, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +MAY 24, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + + +EIGHTH ANNUAL MESSAGE. + + +WASHINGTON, _December 7, 1824_. + +_Fellow-Citizens of the Senate and of the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +A charge 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _North Carolina_, a ship of the line, +has been prepared, and will sail in a few days to join it. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + + +SPECIAL MESSAGES. + + +DECEMBER 6, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +DECEMBER 13, 1824. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 13, 1824_. + +The PRESIDENT OF THE SENATE PRO TEMPORE: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 13, 1824_. + +The PRESIDENT OF THE SENATE OF THE UNITED STATES PRO TEMPORE: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 23, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 23, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +DEPARTMENT OF STATE, + +_Washington, December 23, 1824_. + + 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. + +JOHN QUINCY ADAMS. + + + +[Extract of a letter from Mr. Adams (No. 1) to Mr. Sheldon, dated +Department of State, Washington, August 13, 1823.] + +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. + +I inclose herewith copies of the recent correspondence between the +Count de Menou, the charge d'affaires of France, and this Department +on various subjects highly interesting to the relations between the +two countries. + +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 _connection_ 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. + + + +_Count de Menou to Mr. Adams_. + +[Translation.] + +LEGATION OF FRANCE TO THE UNITED STATES, + +_Washington, July 11, 1823_. + +The Honorable SECRETARY OF STATE: + +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." + +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. + +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. + +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. + +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. + +I pray the Secretary of State to receive the renewed assurance of my +high consideration. + +The charge d'affaires of France near the United States, + +MENOU. + + + +_Mr. Adams to Count de Menou_. + +DEPARTMENT OF STATE, + +_Washington, August 12, 1823_. + +The COUNT DE MENOU, + +_Charge d'Affaires from France_. + +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. + +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. + +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. + +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. + +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. + +I pray you, sir, to accept the renewed assurance of my distinguished +consideration. + +JOHN QUINCY ADAMS. + + + +[Extract of a letter from Mr, Sheldon (No. 2) to Mr, Adams, dated +Paris, October 16, 1823.] + +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. + + + +_Mr. Sheldon to the Viscount de Chateaubriand_. + +PARIS, _October 11, 1823_. + +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. + +The charge 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. + +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. + +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. + +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. + +I request your excellency to accept the assurance, etc, + +D. SHELDON. + + + +[Extracts of a letter from the Secretary of State to Mr. Brown, dated +Washington, December 23, 1823.] + +You will immediately after your reception earnestly call the attention +of the French Government to the claims of our citizens for indemnity. + +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 _right_ 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. + + + +[Extract of a letter (No. 2) from James Brown, envoy extraordinary and +minister plenipotentiary of the United States, dated April 28, 1824.] + +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. + + + +_Mr. Brown to M. de Chateaubriand_. + +PARIS, _April 28, 1824_. + +His Excellency VISCOUNT DE CHATEAUBRIAND, + +_Minister of Foreign Affairs, etc_. + +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. + +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. + +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 charge +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. + +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. + +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. + +I request your excellency to accept, etc. + +JAMES BROWN. + + + +[Extract of a letter (No. 3) from James Brown to the Secretary of State, +dated Paris, May 11, 1824.] + +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. + + + +_Viscount Chateaubriand to Mr. Brown_. + +[Translation.] + +PARIS, _May 7, 1824_. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Accept, sir, the assurances of the very distinguished consideration with +which I have the honor to be, etc., + +CHATEAUBRIAND. + + + +[Extracts of a letter (No. 4) from the Secretary of State to Mr. Brown, +dated Department of State, Washington, August 14, 1824.] + +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. + +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. + +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. + +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. + +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. + +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 _principle_ 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 _justice_ of which they have constantly denied. + +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 _any_ claim under it whatever. + + + +_Mr. Brown to Mr. Adams_ (_No. 12_). + +PARIS, _August 12, 1824_. + +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. + +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. + +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. + +I have the honor to be, with great respect, sir, your most obedient and +humble servant, + +JAMES BROWN. + + + +_Mr. Brown to Mr. Adams_ (_No. 14_). + +PARIS, _September 28, 1824_. + +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. + +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. + +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. + +I have the honor to be, with great respect, sir, your most obedient and +humble servant. + +JAMES BROWN. + + + +[Extracts of a letter from Mr. James Brown to Mr, Adams (No. 16).] + +PARIS, _October 23, 1824_. + +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. + +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. + +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. + +The Journal des Debats 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. + + + +_Mr. Brown to Baron de Damas_. + +PARIS, _October 22, 1824_. + +His Excellency BARON DE DAMAS, + +_Minister of Foreign Affairs, etc_. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +I embrace with pleasure this occasion to offer to your excellency the +renewed assurance, etc., + +JAMES BROWN. + + + +WASHINGTON, _December 24, 1824_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _December 28, 1824_. + +_To the House of Representatives of the United States_: + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 5, 1825_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 10, 1825_. + +_To the House of Representatives of the United States_: + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 13, 1825_. + +_To the Senate of the United States_: + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 17, 1825_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +JANUARY 17, 1825. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 18, 1825_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 20, 1825_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 27, 1825_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _January 27, 1825_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 2, 1825_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 4, 1825_. + +The PRESIDENT PRO TEMPORE OF THE SENATE: + +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. + +JAMES MONROE. + +[The same message was sent to the House of Representatives.] + + + +WASHINGTON, _February 7, 1825_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 11, 1825_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 14, 1825_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 16, 1825_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 17, 1825_. + +_To the House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 17, 1825_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 21, 1825_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 21, 1825_. + +The PRESIDENT OF THE SENATE PRO TEMPORE: + +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, + +JAMES MONROE. + + + +WASHINGTON, _February 21, 1825_. + +The PRESIDENT OF THE SENATE PRO TEMPORE: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 23, 1825_. + +_To the House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 25, 1825_. + +_To the Senate and House of Representatives_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 26, 1825_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JAMES MONROE. + + + +WASHINGTON, _February 28, 1825_. + +_To the Senate of the United States_: + +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. + +JAMES MONROE. + + + + +PROCLAMATION. + + +[From Senate Journal, Eighteenth Congress, second session, p. 269.] + +WASHINGTON, _January 19, 1825_. + +_The President of the United States to ------, Senator for the State +of ------_: + +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. + +JAMES MONROE. + + + + + +End of the Project Gutenberg EBook of A Compilation of the Messages and +Papers of the Presidents, by James D. 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