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diff --git a/11202-h/11202-h.htm b/11202-h/11202-h.htm new file mode 100644 index 0000000..dbbd032 --- /dev/null +++ b/11202-h/11202-h.htm @@ -0,0 +1,23160 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html> + <head> + <meta http-equiv="Content-Type" content= + "text/html; charset=UTF-8"> + <meta content="pg2html (binary version 0.12a)" name= + "generator"> + <title> + The Project Gutenberg eBook of A Compilation of the Messages + and Papers Of The Presidents, by James D. Richardson. + </title> + <style type="text/css"> + <!-- + * { font-family: Times; + } + P { text-indent: 1em; + margin-top: .75em; + font-size: 12pt; + text-align: justify; + margin-bottom: .75em; } + H1,H2,H3,H4,H5,H6 { text-align: center; } + HR { width: 33%; } + PRE { font-family: Courier, monospaced;} + .toc { margin-left: 15%; font-size: 10pt; margin-bottom: 0em;} + .r { text-align: right; } + .q { margin-left: 1em; margin-right: 1em; font-size: 80%; } + CENTER { padding: 10px;} + // --> + </style> + </head> + <body> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 11202 ***</div> + + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h1> + A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS + </h1> + <center> + <b>BY JAMES D. RICHARDSON</b> + </center> + <center> + A REPRESENTATIVE FROM THE STATE OF TENNESSEE + </center> + <h2> + VOLUME III + </h2> + <center> + PUBLISHED BY AUTHORITY OF CONGRESS 1902<br> + <br> + Copyright 1897<br> + BY JAMES D. RICHARDSON + </center> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + Prefatory Note + </h2> + <p> + The second volume of this compilation, issued a few weeks + since, was received with the same degree of favor as the + first volume. It was a matter of surprise that only sixteen + years of our history, or eight Congresses, could be comprised + within the second volume, while the first covered + twenty-eight years, or fourteen Congresses. There is greater + surprise that this volume includes only the period covered by + the four years of the second term of Andrew Jackson and the + four years of Martin Van Buren's term—eight years in + all, or four Congresses. However, it will be found almost, if + not quite, as interesting as the preceding ones. In it will + be found the conclusion of the controversy over the United + States Bank, including President Jackson's reasons for the + removal of the deposits from that bank; his Farewell Address, + and other important papers, all of which are characteristic + of the man. It was during the second Administration of + President Jackson that the act changing the ratio between the + gold and silver dollar was passed. + </p> + <p> + This volume contains President Van Buren's message + recommending the independent treasury or subtreasury, and the + discussion of that subject, which terminated in what has been + termed "the divorce of the bank and state in the fiscal + affairs of the Federal Government," and which President Van + Buren considered a second Declaration of Independence. The + controversy with Great Britain in relation to the + northeastern boundary of the United States is also included + in Van Buren's Administration, and will prove highly + interesting. + </p> + <p> + The omission of indexes to Volumes I and II has been + commented on. The answer to such comments is, it was deemed + best to omit the index to each volume and publish a general + and comprehensive index to the entire work, in a separate + volume. This index will be ready for distribution soon after + the issuance of the last volume. + </p> + <p class="r"> + JAMES D. RICHARDSON. + </p> + <p> + NOVEMBER 26,1896. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + Andrew Jackson + </h2> + <h3> + March 4, 1833, to March 4, 1837 + </h3> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SECOND INAUGURAL ADDRESS. + </h2> + <p> + FELLOW-CITIZENS: The will of the American people, expressed + through their unsolicited suffrages, calls me before you to + pass through the solemnities preparatory to taking upon + myself the duties of President of the United States for + another term. For their approbation of my public conduct + through a period which has not been without its difficulties, + and for this renewed expression of their confidence in my + good intentions, I am at a loss for terms adequate to the + expression of my gratitude. It shall be displayed to the + extent of my humble abilities in continued efforts so to + administer the Government as to preserve their liberty and + promote their happiness. + </p> + <p> + So many events have occurred within the last four years which + have necessarily called forth—sometimes under + circumstances the most delicate and painful—my views of + the principles and policy which ought to be pursued by the + General Government that I need on this occasion but allude to + a few leading considerations connected with some of them. + </p> + <p> + The foreign policy adopted by our Government soon after the + formation of our present Constitution, and very generally + pursued by successive Administrations, has been crowned with + almost complete success, and has elevated our character among + the nations of the earth. To do justice to all and to submit + to wrong from none has been during my Administration its + governing maxim, and so happy have been its results that we + are not only at peace with all the world, but have few causes + of controversy, and those of minor importance, remaining + unadjusted. + </p> + <p> + In the domestic policy of this Government there are two + objects which especially deserve the attention of the people + and their representatives, and which have been and will + continue to be the subjects of my increasing solicitude. They + are the preservation of the rights of the several States and + the integrity of the Union. + </p> + <p> + These great objects are necessarily connected, and can only + be attained by an enlightened exercise of the powers of each + within its appropriate sphere in conformity with the public + will constitutionally expressed. To this end it becomes the + duty of all to yield a ready and patriotic submission to the + laws constitutionally enacted, and thereby promote and + strengthen a proper confidence in those institutions of the + several States and of the United States which the people + themselves have ordained for their own government. + </p> + <p> + My experience in public concerns and the observation of a + life somewhat advanced confirm the opinions long since + imbibed by me, that the destruction of our State governments + or the annihilation of their control over the local concerns + of the people would lead directly to revolution and anarchy, + and finally to despotism and military domination. In + proportion, therefore, as the General Government encroaches + upon the rights of the States, in the same proportion does it + impair its own power and detract from its ability to fulfill + the purposes of its creation. Solemnly impressed with these + considerations, my countrymen will ever find me ready to + exercise my constitutional powers in arresting measures which + may directly or indirectly encroach upon the rights of the + States or tend to consolidate all political power in the + General Government. But of equal, and, indeed, of + incalculable, importance is the union of these States, and + the sacred duty of all to contribute to its preservation by a + liberal support of the General Government in the exercise of + its just powers. You have been wisely admonished to "accustom + yourselves to think and speak of the Union as of the + palladium of your political safety and prosperity, watching + for its preservation with jealous anxiety, discountenancing + whatever may suggest even a suspicion that it can in any + event be abandoned, and indignantly frowning upon the first + dawning of any attempt to alienate any portion of our country + from the rest or to enfeeble the sacred ties which now link + together the various parts." Without union our independence + and liberty would never have been achieved; without union + they never can be maintained. Divided into twenty-four, or + even a smaller number, of separate communities, we shall see + our internal trade burdened with numberless restraints and + exactions; communication between distant points and sections + obstructed or cut off; our sons made soldiers to deluge with + blood the fields they now till in peace; the mass of our + people borne down and impoverished by taxes to support armies + and navies, and military leaders at the head of their + victorious legions becoming our lawgivers and judges. The + loss of liberty, of all good government, of peace, plenty, + and happiness, must inevitably follow a dissolution of the + Union. In supporting it, therefore, we support all that is + dear to the freeman and the philanthropist. + </p> + <p> + The time at which I stand before you is full of interest. The + eyes of all nations are fixed on our Republic. The event of + the existing crisis will be decisive in the opinion of + mankind of the practicability of our federal system of + government. Great is the stake placed in our hands; great is + the responsibility which must rest upon the people of the + United States. Let us realize the importance of the attitude + in which we stand before the world. Let us exercise + forbearance and firmness. Let us extricate our country from + the dangers which surround it and learn wisdom from the + lessons they inculcate. + </p> + <p> + Deeply impressed with the truth of these observations, and + under the obligation of that solemn oath which I am about to + take, I shall continue to exert all my faculties to maintain + the just powers of the Constitution and to transmit + unimpaired to posterity the blessings of our Federal Union. + At the same time, it will be my aim to inculcate by my + official acts the necessity of exercising by the General + Government those powers only that are clearly delegated; to + encourage simplicity and economy in the expenditures of the + Government; to raise no more money from the people than may + be requisite for these objects, and in a manner that will + best promote the interests of all classes of the community + and of all portions of the Union. Constantly bearing in mind + that in entering into society "individuals must give up a + share of liberty to preserve the rest," it will be my desire + so to discharge my duties as to foster with our brethren in + all parts of the country a spirit of liberal concession and + compromise, and, by reconciling our fellow-citizens to those + partial sacrifices which they must unavoidably make for the + preservation of a greater good, to recommend our invaluable + Government and Union to the confidence and affections of the + American people. + </p> + <p> + Finally, it is my most fervent prayer to that Almighty Being + before whom I now stand, and who has kept us in His hands + from the infancy of our Republic to the present day, that He + will so overrule all my intentions and actions and inspire + the hearts of my fellow-citizens that we may be preserved + from dangers of all kinds and continue forever a united and + happy people. + </p> + <p> + MARCH 4, 1833. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + REMOVAL OF THE PUBLIC DEPOSITS. + </h2> + <center> + [Read to the Cabinet September 18, 1833] + </center> + <p> + Having carefully and anxiously considered all the facts and + arguments which have been submitted to him relative to a + removal of the public deposits from the Bank of the United + States, the President deems it his duty to communicate in + this manner to his Cabinet the final conclusions of his own + mind and the reasons on which they are founded, in order to + put them in durable form and to prevent misconceptions. + </p> + <p> + The President's convictions of the dangerous tendencies of + the Bank of the United States, since signally illustrated by + its own acts, were so overpowering when he entered on the + duties of Chief Magistrate that he felt it his duty, + notwithstanding the objections of the friends by whom he was + surrounded, to avail himself of the first occasion to call + the attention of Congress and the people to the question of + its recharter. The opinions expressed in his annual message + of December, 1829, were reiterated in those of December, 1830 + and 1831, and in that of 1830 he threw out for consideration + some suggestions in relation to a substitute. At the session + of 1831-32 an act was passed by a majority of both Houses of + Congress rechartering the present bank, upon which the + President felt it his duty to put his constitutional veto. In + his message returning that act he repeated and enlarged upon + the principles and views briefly asserted in his annual + message, declaring the bank to be, in his opinion, both + inexpedient and unconstitutional, and announcing to his + countrymen very unequivocally his firm determination never to + sanction by his approval the continuance of that institution + or the establishment of any other upon similar principles. + </p> + <p> + There are strong reasons for believing that the motive of the + bank in asking for a recharter at that session of Congress + was to make it a leading question in the election of a + President of the United States the ensuing November, and all + steps deemed necessary were taken to procure from the people + a reversal of the President's decision. + </p> + <p> + Although the charter was approaching its termination, and the + bank was aware that it was the intention of the Government to + use the public deposit as fast as it has accrued in the + payment of the public debt, yet did it extend its loans from + January, 1831, to May, 1832, from $42,402,304.24 to + $70,428,070.72, being an increase of $28,025,766.48 in + sixteen months. It is confidently believed that the leading + object of this immense extension of its loans was to bring as + large a portion of the people as possible under its power and + influence, and it has been disclosed that some of the largest + sums were granted on very unusual terms to the conductors of + the public press. In some of these cases the motive was made + manifest by the nominal or insufficient security taken for + the loans, by the large amounts discounted, by the + extraordinary time allowed for payment, and especially by the + subsequent conduct of those receiving the accommodations. + </p> + <p> + Having taken these preliminary steps to obtain control over + public opinion, the bank came into Congress and asked a new + charter. The object avowed by many of the advocates of the + bank was <i>to put the President to the test</i>, that the + country might know his final determination relative to the + bank prior to the ensuing election. Many documents and + articles were printed and circulated at the expense of the + bank to bring the people to a favorable decision upon its + pretensions. Those whom the bank appears to have made its + debtors for the special occasion were warned of the ruin + which awaited them should the President be sustained, and + attempts were made to alarm the whole people by painting the + depression in the price of property and produce and the + general loss, inconvenience, and distress which it was + represented would immediately follow the reelection of the + President in opposition to the bank. + </p> + <p> + Can it now be said that the question of a recharter of the + bank was not decided at the election which ensued? Had the + veto been equivocal, or had it not covered the whole ground; + if it had merely taken exceptions to the details of the bill + or to the time of its passage; if it had not met the whole + ground of constitutionality and expediency, then there might + have been some plausibility for the allegation that the + question was not decided by the people. It was to compel the + President to take his stand that the question was brought + forward at that particular time. He met the challenge, + willingly took the position into which his adversaries sought + to force him, and frankly declared his unalterable opposition + to the bank as being both unconstitutional and inexpedient. + On that ground the case was argued to the people; and now + that the people have sustained the President, notwithstanding + the array of influence and power which was brought to bear + upon him, it is too late, he confidently thinks, to say that + the question has not been decided. Whatever may be the + opinions of others, the President considers his reelection as + a decision of the people against the bank. In the concluding + paragraph of his veto message he said: + </p> + <p class="q"> + I have now done my duty to my country. If sustained by my + fellow-citizens, I shall be grateful and happy; if not, I + shall find in the motives which impel me ample grounds for + contentment and peace. + </p> + <p> + He was sustained by a just people, and he desires to evince + his gratitude by carrying into effect their decision so far + as it depends upon him. + </p> + <p> + Of all the substitutes for the present bank which have been + suggested, none seems to have united any considerable portion + of the public in its favor. Most of them are liable to the + same constitutional objections for which the present bank has + been condemned, and perhaps to all there are strong + objections on the score of expediency. In ridding the country + of an irresponsible power which has attempted to control the + Government, care must be taken not to unite the same power + with the executive branch. To give a President the control + over the currency and the power over individuals now + possessed by the Bank of the United States, even with the + material difference that he is responsible to the people, + would be as objectionable and as dangerous as to leave it as + it is. Neither one nor the other is necessary, and therefore + ought not to be resorted to. + </p> + <p> + On the whole, the President considers it as conclusively + settled that the charter of the Bank of the United States + will not be renewed, and he has no reasonable ground to + believe that any substitute will be established. Being bound + to regulate his course by the laws as they exist, and not to + anticipate the interference of the legislative power for the + purpose of framing new systems, it is proper for him + seasonably to consider the means by which the services + rendered by the Bank of the United States are to be performed + after its charter shall expire. + </p> + <p> + The existing laws declare that— + </p> + <p class="q"> + The deposits of the money of the United States in places in + which the said bank and branches thereof may be established + shall be made in said bank or branches thereof unless the + Secretary of the Treasury shall at any time otherwise order + and direct, in which case the Secretary of the Treasury shall + immediately lay before Congress, if in session, and, if not, + immediately after the commencement of the next session, the + reasons of such order or direction. + </p> + <p> + The power of the Secretary of the Treasury over the deposits + is <i>unqualified</i>. The provision that he shall report his + reasons to Congress is no limitation. Had it not been + inserted he would have been responsible to Congress had he + made a removal for any other than good reasons, and his + responsibility now ceases upon the rendition of sufficient + ones to Congress. The only object of the provision is to make + his reasons accessible to Congress and enable that body the + more readily to judge of their soundness and purity, and + thereupon to make such further provision by law as the + legislative power may think proper in relation to the deposit + of the public money. Those reasons may be very diversified. + It was asserted by the Secretary of the Treasury, without + contradiction, as early as 1817, that he had power "to + control the proceedings" of the Bank of the United States at + any moment "by changing the deposits to the State banks" + should it pursue an illiberal course toward those + institutions; that "the Secretary of the Treasury will always + be disposed to support the credit of the State banks, and + will invariably direct transfers from the deposits of the + public money in aid of their legitimate exertions to maintain + their credit;" and he asserted a right to employ the State + banks when the Bank of the United States should refuse to + receive on deposit the notes of such State banks as the + public interest required should be received in payment of the + public dues. In several instances he did transfer the public + deposits to State banks in the immediate vicinity of + branches, for reasons connected only with the safety of those + banks, the public convenience, and the interests of the + Treasury. + </p> + <p> + If it was lawful for Mr. Crawford, the Secretary of the + Treasury at that time, to act on these principles, it will be + difficult to discover any sound reason against the + application of similar principles in still stronger cases. + And it is a matter of surprise that a power which in the + infancy of the bank was freely asserted as one of the + ordinary and familiar duties of the Secretary of the Treasury + should now be gravely questioned, and attempts made to excite + and alarm the public mind as if some new and unheard-of power + was about to be usurped by the executive branch of the + Government. + </p> + <p> + It is but a little more than two and a half years to the + termination of the charter of the present bank. It is + considered as the decision of the country that it shall then + cease to exist, and no man, the President believes, has + reasonable ground for expectation that any other Bank of the + United States will be created by Congress. + </p> + <p> + To the Treasury Department is intrusted the safe-keeping and + faithful application of the public moneys. A plan of + collection different from the present must therefore be + introduced and put in complete operation before the + dissolution of the present bank. When shall it be commenced? + Shall no step be taken in this essential concern until the + charter expires and the Treasury finds itself without an + agent, its accounts in confusion, with no depository for its + funds, and the whole business of the Government deranged, or + shall it be delayed until six months, or a year, or two years + before the expiration of the charter? It is obvious that any + new system which may be substituted in the place of the Bank + of the United States could not be suddenly carried into + effect on the termination of its existence without serious + inconvenience to the Government and the people. Its vast + amount of notes are then to be redeemed and withdrawn-from + circulation and its immense debt collected. These operations + must be gradual, otherwise much suffering and distress will + be brought upon the community. + </p> + <p> + It ought to be not a work of months only, but of years, and + the President thinks it can not, with due attention to the + interests of the people, be longer postponed. It is safer to + begin it too soon than to delay it too long. + </p> + <p> + It is for the wisdom of Congress to decide upon the best + substitute to be adopted in the place of the Bank of the + United States, and the President would have felt himself + relieved from a heavy and painful responsibility if in the + charter to the bank Congress had reserved to itself the power + of directing at its pleasure the public money to be elsewhere + deposited, and had not devolved that power exclusively on one + of the Executive Departments. It is useless now to inquire + why this high and important power was surrendered by those + who are peculiarly and appropriately the guardians of the + public money. Perhaps it was an oversight. But as the + President presumes that the charter to the bank is to be + considered as a contract on the part of the Government, it is + not now in the power of Congress to disregard its + stipulations; and by the terms of that contract the public + money is to be deposited in the bank during the continuance + of its charter unless the Secretary of the Treasury shall + otherwise direct. Unless, therefore, the Secretary of the + Treasury first acts, Congress have no power over the subject, + for they can not add a new clause to the charter or strike + one out of it without the consent of the bank, and + consequently the public money must remain in that institution + to the last hour of its existence unless the Secretary of the + Treasury shall remove it at an earlier day. The + responsibility is thus thrown upon the executive branch of + the Government of deciding how long before the expiration of + the charter the public interest will require the deposits to + be placed elsewhere; and although according to the frame and + principle of our Government this decision would seem more + properly to belong to the legislative power, yet as the law + has imposed it upon the executive department the duty ought + to be faithfully and firmly met, and the decision made and + executed upon the best lights that can be obtained and the + best judgment that can be formed. It would ill become the + executive branch of the Government to shrink from any duty + which the law imposes on it, to fix upon others the + responsibility which justly belongs to itself. And while the + President anxiously wishes to abstain from the exercise of + doubtful powers and to avoid all interference with the rights + and duties of others, he must yet with unshaken constancy + discharge his own obligations, and can not allow himself to + turn aside in order to avoid any responsibility which the + high trust with which he has been honored requires him to + encounter; and it being the duty of one of the Executive + Departments to decide in the first instance, subject to the + future action of the legislative power, whether the public + deposits shall remain in the Bank of the United States until + the end of its existence or be withdrawn some time before, + the President has felt himself bound to examine the question + carefully and deliberately in order to make up his judgment + on the subject, and in his opinion the near approach of the + termination of the charter and the public considerations + heretofore mentioned are of themselves amply sufficient to + justify the removal of the deposits, without reference to the + conduct of the bank or their safety in its keeping. + </p> + <p> + But in the conduct of the bank may be found other reasons, + very imperative in their character, and which require prompt + action. Developments have been made from time to time of its + faithlessness as a public agent, its misapplication of public + funds, its interference in elections, its efforts by the + machinery of committees to deprive the Government directors + of a full knowledge of its concerns, and, above all, its + flagrant misconduct as recently and unexpectedly disclosed in + placing all the funds of the bank, including the money of the + Government, at the disposition of the president of the bank + as means of operating upon public opinion and procuring a new + charter, without requiring him to render a voucher for their + disbursement. A brief recapitulation of the facts which + justify these charges, and which have come to the knowledge + of the public and the President, will, he thinks, remove + every reasonable doubt as to the course which it is now the + duty of the President to pursue. + </p> + <p> + We have seen that in sixteen months ending in May, 1832, the + bank had extended its loans more than $28,000,000, although + it knew the Government intended to appropriate most of its + large deposit during that year in payment of the public debt. + It was in May, 1832, that its loans arrived at the maximum, + and in the preceding March so sensible was the bank that it + would not be able to pay over the public deposit when it + would be required by the Government that it commenced a + secret negotiation, without the approbation or knowledge of + the Government, with the agents for about $2,700,000 of the 3 + per cent stocks held in Holland, with a view of inducing them + not to come forward for payment for one or more years after + notice should be given by the Treasury Department. This + arrangement would have enabled the bank to keep and use + during time the public money set apart for the payment of + these stocks. After this negotiation had commenced, the + Secretary of the Treasury informed the bank that it was his + intention to pay off one-half of the 3 percents on the 1st of + the succeeding July, which amounted to about $6,500,000. The + president of the bank, although the committee of + investigation was then looking into its affairs at + Philadelphia, came immediately to Washington, and upon + representing that the bank was desirous of accommodating the + importing merchants at New York (which it failed to do) and + undertaking to pay the interest itself, procured the consent + of the Secretary, after consultation with the President, to + postpone the payment until the succeeding 1st of October. + </p> + <p> + Conscious that at the end of that quarter the bank would not + be able to pay over the deposits, and that further indulgence + was not to be expected of the Government, an agent was + dispatched to England secretly to negotiate with the holders + of the public debt in Europe and induce them by the offer of + an equal or higher interest than that paid by the Government + to hold back their claims for one year, during which the bank + expected thus to retain the use of $5,000,000 of the public + money, which the Government should set apart for the payment + of that debt. The agent made an arrangement on terms, in + part, which were in direct violation of the charter of the + bank, and when some incidents connected with this secret + negotiation accidentally came to the knowledge of the public + and the Government, then, and not before, so much of it as + was palpably in violation of the charter was disavowed. A + modification of the rest was attempted with the view of + getting the certificates without payment of the money, and + thus absolving the Government from its liability to the + holders. In this scheme the bank was partially successful, + but to this day the certificates of a portion of these stocks + have not been paid and the bank retains the use of the money. + </p> + <p> + This effort to thwart the Government in the payment of the + public debt that it might retain the public money to be used + for their private interests, palliated by pretenses + notoriously unfounded and insincere, would have justified the + instant withdrawal of the public deposits. The negotiation + itself rendered doubtful the ability of the bank to meet the + demands of the Treasury, and the misrepresentations by which + it was attempted to be justified proved that no reliance + could be placed upon its allegations. + </p> + <p> + If the question of a removal of the deposits presented itself + to the Executive in the same attitude that it appeared before + the House of Representatives at their last session, their + resolution in relation to the safety of the deposits would be + entitled to more weight, although the decision of the + question of removal has been confided by law to another + department of the Government. But the question now occurs + attended by other circumstances and new disclosures of the + most serious import. It is true that in the message of the + President which produced this inquiry and resolution on the + part of the House of Representatives it was his object to + obtain the aid of that body in making a thorough examination + into the conduct and condition of the bank and its branches + in order to enable the executive department to decide whether + the public money was longer safe in its hands. The limited + power of the Secretary of the Treasury over the subject + disabled him from making the investigation as fully and + satisfactorily as it could be done by a committee of the + House of Representatives, and hence the President desired the + assistance of Congress to obtain for the Treasury Department + a full knowledge of all the facts which were necessary to + guide his judgment. But it was not his purpose, as the + language of his message will show, to ask the representatives + of the people to assume a responsibility which did not belong + to them and relieve the executive branch of the Government + from the duty which the law had imposed upon it. It is due to + the President that his object in that proceeding should be + distinctly understood, and that he should acquit himself of + all suspicion of seeking to escape from the performance of + his own duties or of desiring to interpose another body + between himself and the people in order to avoid a measure + which he is called upon to meet. But although as an act of + justice to himself he disclaims any design of soliciting the + opinion of the House of Representatives in relation to his + own duties in order to shelter himself from responsibility + under the sanction of their counsel, yet he is at all times + ready to listen to the suggestions of the representatives of + the people, whether given voluntarily or upon solicitation, + and to consider them with the profound respect to which all + will admit that they are justly entitled. Whatever may be the + consequences, however, to himself, he must finally form his + own judgment where the Constitution and the law make it his + duty to decide, and must act accordingly; and he is bound to + suppose that such a course on his part will never be regarded + by that elevated body as a mark of disrespect to itself, but + that they will, on the contrary, esteem it the strongest + evidence he can give of his fixed resolution conscientiously + to discharge his duty to them and the country. + </p> + <p> + A new state of things has, however, arisen since the close of + the last session of Congress, and evidence has since been + laid before the President which he is persuaded would have + led the House of Representatives to a different conclusion if + it had come to their knowledge. The fact that the bank + controls, and in some cases substantially <i>owns</i>, and by + its money <i>supports</i> some of the leading presses of the + country is now more clearly established. Editors to whom it + loaned extravagant sums in 1831 and 1832, on unusual time and + nominal security, have since turned out to be insolvent, and + to others apparently in no better condition accommodations + still more extravagant, on terms more unusual, and some + without any security, have also been heedlessly granted. + </p> + <p> + The allegation which has so often circulated through these + channels that the Treasury was bankrupt and the bank was + sustaining it, when for many years there has not been less, + on an average, than six millions of public money in that + institution, might be passed over as a harmless + misrepresentation; but when it is attempted by substantial + acts to impair the credit of the Government and tarnish the + honor of the country, such charges require more serious + attention. With six millions of public money in its vaults, + after having had the use of from five to twelve millions for + nine years without interest, it became the purchaser of a + bill drawn by our Government on that of France for about + $900,000, being the first installment of the French + indemnity. The purchase money was left in the use of the + bank, being simply added to the Treasury deposit. The bank + sold the bill in England, and the holder sent it to France + for collection, and arrangements not having been made by the + French Government for its payment, it was taken up by the + agents of the bank in Paris with the funds of the bank in + their hands. Under these circumstances it has through its + organs openly assailed the credit of the Government, and has + actually made and persists in a demand of 15 per cent, or + $158,842.77, as damages, when no damage, or none beyond some + trifling expense, has in fact been sustained, and when the + bank had in its own possession on deposit several millions of + the public money which it was then using for its own profit. + Is a fiscal agent of the Government which thus seeks to + enrich itself at the expense of the public worthy of further + trust? + </p> + <p> + There are other important facts not in the contemplation of + the House of Representatives or not known to the members at + the time they voted for the resolution. + </p> + <p> + Although the charter and the rules of the bank both declare + that "not less than seven directors" shall be necessary to + the transaction of business, yet the most important business, + even that of granting discounts to any extent, is intrusted + to a committee of five members, who do not report to the + board. + </p> + <p> + To cut off all means of communication with the Government in + relation to its most important acts at the commencement of + the present year, not one of the Government directors was + placed on any one committee; and although since, by an + unusual remodeling of those bodies, some of those directors + have been placed on some of the committees, they are yet + entirely excluded from the committee of exchange, through + which the greatest and most objectionable loans have been + made. + </p> + <p> + When the Government directors made an effort to bring back + the business of the bank to the board in obedience to the + charter and the existing regulations, the board not only + overruled their attempt, but altered the rule so as to make + it conform to the practice, in direct violation of one of the + most important provisions of the charter which gave them + existence. + </p> + <p> + It has long been known that the president of the bank, by his + single will, originates and executes many of the most + important measures connected with the management and credit + of the bank, and that the committee as well as the board of + directors are left in entire ignorance of many acts done and + correspondence carried on in their names, and apparently + under their authority. The fact has been recently disclosed + that an unlimited discretion has been and is now vested in + the president of the bank to expend its funds in payment for + preparing and circulating articles and purchasing pamphlets + and newspapers, calculated by their contents to operate on + elections and secure a renewal of its charter. It appears + from the official report of the public directors that on the + 30th November, 1830, the president submitted to the board an + article published in the American Quarterly Review containing + favorable notices of the bank, and suggested the expediency + of giving it a wider circulation at the expense of the bank; + whereupon the board passed the following resolution, viz: + </p> + <p class="q"> + <i>Resolved</i>, That the president be authorized to take + such measures in regard to the circulation of the contents of + the said article, either in whole or in part, as he may deem + most for the interest of the bank. + </p> + <p> + By an entry in the minutes of the bank dated March 11, 1831, + it appears that the president had not only caused a large + edition of that article to be issued, but had also, before + the resolution of 30th November was adopted, procured to be + printed and widely circulated numerous copies of the reports + of General Smith and Mr. McDuffie in favor of the bank; and + on that day he suggested the expediency of extending his + power to the printing of other articles which might subserve + the purposes of the institution, whereupon the following + resolution was adopted, viz— + </p> + <p class="q"> + <i>Resolved</i>, That the president is hereby authorized to + cause to be prepared and circulated such documents and papers + as may communicate to the people information in regard to the + nature and operations of the bank. + </p> + <p> + The expenditures purporting to have been made under authority + of these resolutions during the years 1831 and 1832 were + about $80,000. For a portion of these expenditures vouchers + were rendered, from which it appears that they were incurred + in the purchase of some hundred thousand copies of + newspapers, reports and speeches made in Congress, reviews of + the veto message and reviews of speeches against the bank, + etc. For another large portion no vouchers whatever were + rendered, but the various sums were paid on orders of the + president of the bank, making reference to the resolution of + the 11th of March, 1831. + </p> + <p> + On ascertaining these facts and perceiving that expenditures + of a similar character were still continued, the Government + directors a few weeks ago offered a resolution in the board + calling for a specific account of these expenditures, showing + the objects to which they had been applied and the persons to + whom the money had been paid. This reasonable proposition was + voted down. + </p> + <p> + They also offered a resolution rescinding the resolutions of + November, 1830, and March, 1831. This also was rejected. + </p> + <p> + Not content with thus refusing to recall the obnoxious power + or even to require such an account of the expenditure as + would show whether the money of the bank had in fact been + applied to the objects contemplated by these resolutions, as + obnoxious as they were, the board renewed the power already + conferred, and even enjoined renewed attention to its + exercise by adopting the following in lieu of the + propositions submitted by the Government directors, viz: + </p> + <p class="q"> + <i>Resolved</i>, That the board have confidence in the wisdom + and integrity of the president and in the propriety of the + resolutions of 30th November, 1830, and 11th March, 1831, and + entertain a full conviction of the necessity of a renewed + attention to the object of those resolutions, and that the + president be authorized and requested to continue his + exertions for the promotion of said object. + </p> + <p> + Taken in connection with the nature of the expenditures + heretofore made, as recently disclosed, which the board not + only tolerate, but approve, this resolution puts the funds of + the bank at the disposition of the president for the purpose + of employing the whole press of the country in the service of + the bank, to hire writers and newspapers, and to pay out such + sums as he pleases to what person and for what services he + pleases without the responsibility of rendering any specific + account. The bank is thus converted into a vast + electioneering engine, with means to embroil the country in + deadly feuds, and, under cover of expenditures in themselves + improper, extend its corruption through all the ramifications + of society. + </p> + <p> + Some of the items for which accounts have been rendered show + the construction which has been given to the resolutions and + the way in which the power it confers has been exerted. The + money has not been expended merely in the publication and + distribution of speeches, reports of committees, or articles + written for the purpose of showing the constitutionality or + usefulness of the bank, but publications have been prepared + and extensively circulated containing the grossest invectives + against the officers of the Government, and the money which + belongs to the stockholders and to the public has been freely + applied in efforts to degrade in public estimation those who + were supposed to be instrumental in resisting the wishes of + this grasping and dangerous institution. As the president of + the bank has not been required to settle his accounts, no one + but himself knows how much more than the sum already + mentioned may have been squandered, and for which a credit + may hereafter be claimed in his account under this most + extraordinary resolution. With these facts before us can we + be surprised at the torrent of abuse incessantly poured out + against all who are supposed to stand in the way of the + cupidity or ambition of the Bank of the United States? Can we + be surprised at sudden and unexpected changes of opinion in + favor of an institution which has millions to lavish and + avows its determination not to spare its means when they are + necessary to accomplish its purposes? The refusal to render + an account of the manner in which a part of the money + expended has been applied gives just cause for the suspicion + that it has been used for purposes which it is not deemed + prudent to expose to the eyes of an intelligent and virtuous + people. Those who act justly do not shun the light, nor do + they refuse explanations when the propriety of their conduct + is brought into question. + </p> + <p> + With these facts before him in an official report from the + Government directors, the President would feel that he was + not only responsible for all the abuses and corruptions the + bank has committed or may commit, but almost an accomplice in + a conspiracy against that Government which he has sworn + honestly to administer, if he did not take every step within + his constitutional and legal power likely to be efficient in + putting an end to these enormities. If it be possible within + the scope of human affairs to find a reason for removing the + Government deposits and leaving the bank to its own resource + for the means of effecting its criminal designs, we have it + here. Was it expected when the moneys of the United States + were directed to be placed in that bank that they would be + put under the control of one man empowered to spend millions + without rendering a voucher or specifying the object? Can + they be considered safe with the evidence before us that tens + of thousands have been spent for highly improper, if not + corrupt, purposes, and that the same motive may lead to the + expenditure of hundreds of thousands, and even millions, + more? And can we justify ourselves to the people by longer + lending to it the money and power of the Government to be + employed for such purposes? + </p> + <p> + It has been alleged by some as an objection to the removal of + the deposits that the bank has the power, and in that event + will have the disposition, to destroy the State banks + employed by the Government, and bring distress upon the + country. It has been the fortune of the President to + encounter dangers which were represented as equally alarming, + and he has seen them vanish before resolution and energy. + Pictures equally appalling were paraded before him when this + bank came to demand a new charter. But what was the result? + Has the country been ruined, or even distressed? Was it ever + more prosperous than since that act? The President verily + believes the bank has not the power to produce the calamities + its friends threaten. The funds of the Government will not be + annihilated by being transferred. They will immediately be + issued for the benefit of trade, and if the Bank of the + United States curtails its loans the State banks, + strengthened by the public deposits, will extend theirs. What + comes in through one bank will go out through others, and the + equilibrium will be preserved. Should the bank, for the mere + purpose of producing distress, press its debtors more heavily + than some of them can bear, the consequences will recoil upon + itself, and in the attempts to embarrass the country it will + only bring loss and ruin upon the holders of its own stock. + But if the President believed the bank possessed all the + power which has been attributed to it, his determination + would only be rendered the more inflexible. If, indeed, this + corporation now holds in its hands the happiness and + prosperity of the American people, it is high time to take + the alarm. If the despotism be already upon us and our only + safety is in the mercy of the despot, recent developments in + relation to his designs and the means he employs show how + necessary it is to shake it off. The struggle can never come + with less distress to the people or under more favorable + auspices than at the present moment. + </p> + <p> + All doubt as to the willingness of the State banks to + undertake the service of the Government to the same extent + and on the same terms as it is now performed by the Bank of + the United States is put to rest by the report of the agent + recently employed to collect information, and from that + willingness their own safety in the operation may be + confidently inferred. Knowing their own resources better than + they can be known by others, it is not to be supposed that + they would be willing to place themselves in a situation + which they can not occupy without danger of annihilation or + embarrassment. The only consideration applies to the safety + of the public funds if deposited in those institutions, and + when it is seen that the directors of many of them are not + only willing to pledge the character and capital of the + corporations in giving success to this measure, but also + their own property and reputation, we can not doubt that they + at least believe the public deposits would be safe in their + management. The President thinks that these facts and + circumstances afford as strong a guaranty as can be had in + human affairs for the safety of the public funds and the + practicability of a new system of collection and disbursement + through the agency of the State banks. + </p> + <p> + From all these considerations the President thinks that the + State banks ought immediately to be employed in the + collection and disbursement of the public revenue, and the + funds now in the Bank of the United States drawn out with all + convenient dispatch. The safety of the public moneys if + deposited in the State banks must be secured beyond all + reasonable doubts; but the extent and nature of the security, + in addition to their capital, if any be deemed necessary, is + a subject of detail to which the Treasury Department will + undoubtedly give its anxious attention. The banks to be + employed must remit the moneys of the Government without + charge, as the Bank of the United States now does; must + render all the services which that bank now performs; must + keep the Government advised of their situation by periodical + returns; in fine, in any arrangement with the State banks the + Government must not in any respect be placed on a worse + footing than it now is. The President is happy to perceive by + the report of the agent that the banks which he has consulted + have, in general, consented to perform the service on these + terms, and that those in New York have further agreed to make + payments in London without other charge than the mere cost of + the bills of exchange. + </p> + <p> + It should also be enjoined upon any banks which may be + employed that it will be expected of them to facilitate + domestic exchanges for the benefit of internal commerce; to + grant all reasonable facilities to the payers of the revenue; + to exercise the utmost liberality toward the other State + banks, and do nothing uselessly to embarrass the Bank of the + United States. + </p> + <p> + As one of the most serious objections to the Bank of the + United States is the power which it concentrates, care must + be taken in finding other agents for the service of the + Treasury not to raise up another power equally formidable. + Although it would probably be impossible to produce such a + result by any organization of the State banks which could be + devised, yet it is desirable to avoid even the appearance. To + this end it would be expedient to assume no more power over + them and interfere no more in their affairs than might be + absolutely necessary to the security of the public deposit + and the faithful performance of their duties as agents of the + Treasury. Any interference by them in the political contests + of the country with a view to influence elections ought, in + the opinion of the President, to be followed by an immediate + discharge from the public service. + </p> + <p> + It is the desire of the President that the control of the + banks and the currency shall, as far as possible, be entirely + separated from the political power of the country as well as + wrested from an institution which has already attempted to + subject the Government to its will. In his opinion the action + of the General Government on this subject ought not to extend + beyond the grant in the Constitution, which only authorizes + Congress "to coin money and regulate the value thereof;" all + else belongs to the States and the people, and must be + regulated by public opinion and the interests of trade. + </p> + <p> + In conclusion, the President must be permitted to remark that + he looks upon the pending question as of higher consideration + than the mere transfer of a sum of money from one bank to + another. Its decision may affect the character of our + Government for ages to come. Should the bank be suffered + longer to use the public moneys in the accomplishment of its + purposes, with the proofs of its faithlessness and corruption + before our eyes, the patriotic among our citizens will + despair of success in struggling against its power, and we + shall be responsible for entailing it upon our country + forever. Viewing it as a question of transcendent importance, + both in the principles and consequences it involves, the + President could not, in justice to the responsibility which + he owes to the country, refrain from pressing upon the + Secretary of the Treasury his view of the considerations + which impel to immediate action. Upon him has been devolved + by the Constitution and the suffrages of the American people + the duty of superintending the operation of the Executive + Departments of the Government and seeing that the laws are + faithfully executed. In the performance of this high trust it + is his undoubted right to express to those whom the laws and + his own choice have made his associates in the administration + of the Government his opinion of their duties under + circumstances as they arise. It is this right which he now + exercises. Far be it from him to expect or require that any + member of the Cabinet should at his request, order, or + dictation do any act which he believes unlawful or in his + conscience condemns. From them and from his fellow-citizens + in general he desires only that aid and support which their + reason approves and their conscience sanctions. + </p> + <p> + In the remarks he has made on this all-important question he + trusts the Secretary of the Treasury will see only the frank + and respectful declarations of the opinions which the + President has formed on a measure of great national interest + deeply affecting the character and usefulness of his + Administration, and not a spirit of dictation, which the + President would be as careful to avoid as ready to resist. + Happy will he be if the facts now disclosed produce + uniformity of opinion and unity of action among the members + of the Administration. + </p> + <p> + The President again repeats that he begs his Cabinet to + consider the proposed measure as his own, in the support of + which he shall require no one of them to make a sacrifice of + opinion or principle. Its responsibility has been assumed + after the most mature deliberation and reflection as + necessary to preserve the morals of the people, the freedom + of the press, and the purity of the elective franchise, + without which all will unite in saying that the blood and + treasure expended by our forefathers in the establishment of + our happy system of government will have been vain and + fruitless. Under these convictions he feels that a measure so + important to the American people can not be commenced too + soon, and he therefore names the 1st day of October next as a + period proper for the change of the deposits, or sooner, + provided the necessary arrangements with the State banks can + be made. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FIFTH ANNUAL MESSAGE. + </h2> + <p class="r"> + December 3, 1833. + </p> + <p> + <i>Fellow-Citizens of the Senate and House of + Representatives</i>: + </p> + <p> + On your assembling to perform the high trusts which the + people of the United States have confided to you, of + legislating for their common welfare, it gives me pleasure to + congratulate you upon the happy condition of our beloved + country. By the favor of Divine Providence health is again + restored to us, peace reigns within our borders, abundance + crowns the labors of our fields, commerce and domestic + industry flourish and increase, and individual happiness + rewards the private virtue and enterprise of our citizens. + </p> + <p> + Our condition abroad is no less honorable than it is + prosperous at home. Seeking nothing that is not right and + determined to submit to nothing that is wrong, but desiring + honest friendships and liberal intercourse with all nations, + the United States have gained throughout the world the + confidence and respect which are due to a policy so just and + so congenial to the character of the American people and to + the spirit of their institutions. + </p> + <p> + In bringing to your notice the particular state of our + foreign affairs, it affords me high gratification to inform + you that they are in a condition which promises the + continuance of friendship with all nations. + </p> + <p> + With Great Britain the interesting question of our + northeastern boundary remains still undecided. A negotiation, + however, upon that subject has been renewed since the close + of the last Congress, and a proposition has been submitted to + the British Government with the view of establishing, in + conformity with the resolution of the Senate, the line + designated by the treaty of 1783. Though no definitive answer + has been received, it may be daily looked for, and I + entertain a hope that the overture may ultimately lead to a + satisfactory adjustment of this important matter. + </p> + <p> + I have the satisfaction to inform you that a negotiation + which, by desire of the House of Representatives, was opened + some years ago with the British Government, for the erection + of light-houses on the Bahamas, has been successful. Those + works, when completed, together with those which the United + States have constructed on the western side of the Gulf of + Florida, will contribute essentially to the safety of + navigation in that sea. This joint participation in + establishments interesting to humanity and beneficial to + commerce is worthy of two enlightened nations, and indicates + feelings which can not fail to have a happy influence upon + their political relations. It is gratifying to the friends of + both to perceive that the intercourse between the two people + is becoming daily more extensive, and that sentiments of + mutual good will have grown up befitting their common origin + and justifying the hope that by wise counsels on each side + not only unsettled questions may be satisfactorily + terminated, but new causes of misunderstanding prevented. + </p> + <p> + Notwithstanding that I continue to receive the most amicable + assurances from the Government of France, and that in all + other respects the most friendly relations exist between the + United States and that Government, it is to be regretted that + the stipulations of the convention concluded on the 4th July, + 1831, remain in some important parts unfulfilled. + </p> + <p> + By the second article of that convention it was stipulated + that the sum payable to the United States should be paid at + Paris, in six annual installments, into the hands of such + person or persons as should be authorized by the Government + of the United States to receive it, and by the same article + the first installment was payable on the 2d day of February, + 1833. By the act of Congress of the 13th July, 1832, it was + made the duty of the Secretary of the Treasury to cause the + several installments, with the interest thereon, to be + received from the French Government and transferred to the + United States in such manner as he may deem best; and by the + same act of Congress the stipulations on the part of the + United States in the convention were in all respects + fulfilled. Not doubting that a treaty thus made and ratified + by the two Governments, and faithfully executed by the United + States, would be promptly complied with by the other party, + and desiring to avoid the risk and expense of intermediate + agencies, the Secretary of the Treasury deemed it advisable + to receive and transfer the first installment by means of a + draft upon the French minister of finance. A draft for this + purpose was accordingly drawn in favor of the cashier of the + Bank of the United States for the amount accruing to the + United States out of the first installment, and the interest + payable with it. This bill was not drawn at Washington until + five days after the installment was payable at Paris, and was + accompanied by a special authority from the President + authorizing the cashier or his assigns to receive the amount. + The mode thus adopted of receiving the installment was + officially made known to the French Government by the + American chargé d'affaires at Paris, pursuant to + instructions from the Department of State. The bill, however, + though not presented for payment until the 23d day of March, + was not paid, and for the reason assigned by the French + minister of finance that no appropriation had been made by + the French Chambers. It is not known to me that up to that + period any appropriation had been required of the Chambers, + and although a communication was subsequently made to the + Chambers by direction of the King, recommending that the + necessary provision should be made for carrying the + convention into effect, it was at an advanced period of the + session, and the subject was finally postponed until the next + meeting of the Chambers. + </p> + <p> + Notwithstanding it has been supposed by the French ministry + that the financial stipulations of the treaty can not be + carried into effect without an appropriation by the Chambers, + it appears to me to be not only consistent with the character + of France, but due to the character of both Governments, as + well as to the rights of our citizens, to treat the + convention, made and ratified in proper form, as pledging the + good faith of the French Government for its execution, and as + imposing upon each department an obligation to fulfill it; + and I have received assurances through our chargé + d'affaires at Paris and the French minister plenipotentiary + at Washington, and more recently through the minister of the + United States at Paris, that the delay has not proceeded from + any indisposition on the part of the King and his ministers + to fulfill the treaty, and that measures will be presented at + the next meeting of the Chambers, and with a reasonable hope + of success, to obtain the necessary appropriation. + </p> + <p> + It is necessary to state, however, that the documents, except + certain lists of vessels captured, condemned, or burnt at + sea, proper to facilitate the examination and liquidation of + the reclamations comprised in the stipulations of the + convention, and which by the sixth article France engaged to + communicate to the United States by the intermediary of the + legation, though repeatedly applied for by the American + chargé d'affaires under instructions from this + Government, have not yet been communicated; and this delay, + it is apprehended, will necessarily prevent the completion of + the duties assigned to the commissioners within the time at + present prescribed by law. + </p> + <p> + The reasons for delaying to communicate these documents have + not been explicitly stated, and this is the more to be + regretted as it is not understood that the interposition of + the Chambers is in any manner required for the delivery of + those papers. + </p> + <p> + Under these circumstances, in a case so important to the + interests of our citizens and to the character of our + country, and under disappointments so unexpected, I deemed it + my duty, however I might respect the general assurances to + which I have adverted, no longer to delay the appointment of + a minister plenipotentiary to Paris, but to dispatch him in + season to communicate the result of his application to the + French Government at an early period of your session. I + accordingly appointed a distinguished citizen for this + purpose, who proceeded on his mission in August last and was + presented to the King early in the month of October. He is + particularly instructed as to all matters connected with the + present posture of affairs, and I indulge the hope that with + the representations he is instructed to make, and from the + disposition manifested by the King and his ministers in their + recent assurances to our minister at Paris, the subject will + be early considered, and satisfactorily disposed of at the + next meeting of the Chambers. + </p> + <p> + As this subject involves important interests and has + attracted a considerable share of the public attention, I + have deemed it proper to make this explicit statement of its + actual condition, and should I be disappointed in the hope + now entertained the subject will be again brought to the + notice of Congress in such manner as the occasion may + require. + </p> + <p> + The friendly relations which have always been maintained + between the United States and Russia have been further + extended and strengthened by the treaty of navigation and + commerce concluded on the 6th of December last, and + sanctioned by the Senate before the close of its last + session. The ratifications having been since exchanged, the + liberal provisions of the treaty are now in full force, and + under the encouragement which they have secured a flourishing + and increasing commerce, yielding its benefits to the + enterprise of both nations, affords to each the just + recompense of wise measures, and adds new motives for that + mutual friendship which the two countries have hitherto + cherished toward each other. + </p> + <p> + It affords me peculiar satisfaction to state that the + Government of Spain has at length yielded to the justice of + the claims which have been so long urged in behalf of our + citizens, and has expressed a willingness to provide an + indemnification as soon as the proper amount can be agreed + upon. Upon this latter point it is probable an understanding + had taken place between the minister of the United States and + the Spanish Government before the decease of the late King of + Spain; and, unless that event may have delayed its + completion, there is reason to hope that it may be in my + power to announce to you early in your present session the + conclusion of a convention upon terms not less favorable than + those entered into for similar objects with other nations. + That act of justice would well accord with the character of + Spain, and is due to the United States from their ancient + friend. It could not fail to strengthen the sentiments of + amity and good will between the two nations which it is so + much the wish of the United States to cherish and so truly + the interest of both to maintain. + </p> + <p> + By the first section of an act of Congress passed on the 13th + of July, 1832, the tonnage duty on Spanish ships arriving + from the ports of Spain was limited to the duty payable on + American vessels in the ports of Spain previous to the 20th + of October, 1817, being 5 cents per ton. That act was + intended to give effect on our side to an arrangement made + with the Spanish Government by which discriminating duties of + tonnage were to be abolished in the ports of the United + States and Spain on the vessels of the two nations. Pursuant + to that arrangement, which was carried into effect on the + part of Spain on the 20th of May, 1832, by a royal order + dated the 20th of April, 1832, American vessels in the ports + of Spain have paid 5 cents per ton, which rate of duty is + also paid in those ports by Spanish ships; but as American + vessels pay no tonnage duty in the ports of the United + States, the duty of 5 cents payable in our ports by Spanish + vessels under the act above mentioned is really a + discriminating duty, operating to the disadvantage of Spain. + Though no complaint has yet been made on the part of Spain, + we are not the less bound by the obligations of good faith to + remove the discrimination, and I recommend that the act be + amended accordingly. As the royal order above alluded to + includes the ports of the Balearic and Canary islands as well + as those of Spain, it would seem that the provisions of the + act of Congress should be equally extensive, and that for the + repayment of such duties as may have been improperly received + an addition should be made to the sum appropriated at the + last session of Congress for refunding discriminating duties. + </p> + <p> + As the arrangement referred to, however, did not embrace the + islands of Cuba and Puerto Rico, discriminating duties to the + prejudice of American shipping continue to be levied there. + From the extent of the commerce carried on between the United + States and those islands, particularly the former, this + discrimination causes serious injury to one of those great + national interests which it has been considered an essential + part of our policy to cherish, and has given rise to + complaints on the part of our merchants. Under instructions + given to our minister at Madrid, earnest representations have + been made by him to the Spanish Government upon this subject, + and there is reason to expect, from the friendly disposition + which is entertained toward this country, that a beneficial + change will be produced. The disadvantage, however, to which + our shipping is subjected by the operation of these + discriminating duties requires that they be met by suitable + countervailing duties during your present session, power + being at the same time vested in the President to modify or + discontinue them as the discriminating duties on American + vessels or their cargoes may be modified or discontinued at + those islands. Intimations have been given to the Spanish + Government that the United States may be obliged to resort to + such measures as are of necessary self-defense, and there is + no reason to apprehend that it would be unfavorably received. + The proposed proceeding if adopted would not be permitted, + however, in any degree to induce a relaxation in the efforts + of our minister to effect a repeal of this irregularity by + friendly negotiation, and it might serve to give force to his + representations by showing the dangers to which that valuable + trade is exposed by the obstructions and burdens which a + system of discriminating and countervailing duties + necessarily produces. + </p> + <p> + The selection and preparation of the Florida archives for the + purpose of being delivered over to the United States, in + conformity with the royal order as mentioned in my last + annual message, though in progress, has not yet been + completed. This delay has been produced partly by causes + which were unavoidable, particularly the prevalence of the + cholera at Havana; but measures have been taken which it is + believed will expedite the delivery of those important + records. + </p> + <p> + Congress were informed at the opening of the last session + that "owing, as was alleged, to embarrassments in the + finances of Portugal, consequent upon the civil war in which + that nation was engaged," payment had been made of only one + installment of the amount which the Portuguese Government had + stipulated to pay for indemnifying our citizens for property + illegally captured in the blockade of Terceira. Since that + time a postponement for two years, with interest, of the two + remaining installments was requested by the Portuguese + Government, and as a consideration it offered to stipulate + that rice of the United States should be admitted into + Portugal at the same duties as Brazilian rice. Being + satisfied that no better arrangement could be made, my + consent was given, and a royal order of the King of Portugal + was accordingly issued on the 4th of February last for the + reduction of the duty on rice of the United States. It would + give me great pleasure if in speaking of that country, in + whose prosperity the United States are so much interested, + and with whom a long-subsisting, extensive, and mutually + advantageous commercial intercourse has strengthened the + relations of friendship, I could announce to you the + restoration of its internal tranquillity. + </p> + <p> + Subsequently to the commencement of the last session of + Congress the final installment payable by Denmark under the + convention of the 28th day of March, 1830, was received. The + commissioners for examining the claims have since terminated + their labors, and their awards have been paid at the Treasury + as they have been called for. The justice rendered to our + citizens by that Government is thus completed, and a pledge + is thereby afforded for the maintenance of that friendly + intercourse becoming the relations that the two nations + mutually bear to each other. + </p> + <p> + It is satisfactory to inform you that the Danish Government + have recently issued an ordinance by which the commerce with + the island of St. Croix is placed on a more liberal footing + than heretofore. This change can not fail to prove beneficial + to the trade between the United States and that colony, and + the advantages likely to flow from it may lead to greater + relaxations in the colonial systems of other nations. + </p> + <p> + The ratifications of the convention with the King of the Two + Sicilies have been duly exchanged, and the commissioners + appointed for examining the claims under it have entered upon + the duties assigned to them by law. The friendship that the + interests of the two nations require of them being now + established, it may be hoped that each will enjoy the + benefits which a liberal commerce should yield to both. + </p> + <p> + A treaty of amity and commerce between the United States and + Belgium was concluded during the last winter and received the + sanction of the Senate, but the exchange of the ratifications + has been hitherto delayed, in consequence, in the first + instance, of some delay in the reception of the treaty at + Brussels, and, subsequently, of the absence of the Belgian + minister of foreign affairs at the important conferences in + which his Government is engaged at London. That treaty does + but embody those enlarged principles of friendly policy which + it is sincerely hoped will always regulate the conduct of the + two nations having such strong motives to maintain amicable + relations toward each other and so sincerely desirous to + cherish them. + </p> + <p> + With all the other European powers with whom the United + States have formed diplomatic relations and with the Sublime + Porte the best understanding prevails. From all I continue to + receive assurances of good will toward the United + States—assurances which it gives me no less pleasure to + reciprocate than to receive. With all, the engagements which + have been entered into are fulfilled with good faith on both + sides. Measures have also been taken to enlarge our friendly + relations and extend our commercial intercourse with other + States. The system we have pursued of aiming at no exclusive + advantages, of dealing with all on terms of fair and equal + reciprocity, and of adhering scrupulously to all our + engagements is well calculated to give success to efforts + intended to be mutually beneficial. + </p> + <p> + The wars of which the southern part of this continent was so + long the theater, and which were carried on either by the + mother country against the States which had formerly been her + colonies or by the States against each other, having + terminated, and their civil dissensions having so far + subsided as with; few exceptions no longer to disturb the + public tranquillity, it is earnestly hoped those States will + be able to employ themselves without interruption in + perfecting their institutions, cultivating the arts of peace, + and promoting by wise councils and able exertions the public + and private prosperity which their patriotic struggles so + well entitle them to enjoy. + </p> + <p> + With those States our relations have undergone but little + change during the present year. No reunion having yet taken + place between the States which composed the Republic of + Colombia, our chargé d'affaires at Bogota has been + accredited to the Government of New Grenada, and we have, + therefore, no diplomatic relations with Venezuela and + Equator, except as they may be included in those heretofore + formed with the Colombian Republic. + </p> + <p> + It is understood that representatives from the three States + were about to assemble at Bogota to confer on the subject of + their mutual interests, particularly that of their union, and + if the result should render it necessary, measures will be + taken on our part to preserve with each that friendship and + those liberal commercial connections which it has been the + constant desire of the United States to cultivate with their + sister Republics of this hemisphere. Until the important + question of reunion shall be settled, however, the different + matters which have been under discussion between the United + States and the Republic of Colombia, or either of the States + which composed it, are not likely to be brought to a + satisfactory issue. + </p> + <p> + In consequence of the illness of the chargé d'affaires + appointed to Central America at the last session of Congress, + he was prevented from proceeding on his mission until the + month of October. It is hoped, however, that he is by this + time at his post, and that the official intercourse, + unfortunately so long interrupted, has been thus renewed on + the part of the two nations so amicably and advantageously + connected by engagements founded on the most enlarged + principles of commercial reciprocity. + </p> + <p> + It is gratifying to state that since my last annual message + some of the most important claims of our fellow-citizens upon + the Government of Brazil have been satisfactorily adjusted, + and a reliance is placed on the friendly dispositions + manifested by it that justice will also be done in others. No + new causes of complaint have arisen, and the trade between + the two countries flourishes under the encouragement secured + to it by the liberal provisions of the treaty. + </p> + <p> + It is cause of regret that, owing, probably, to the civil + dissensions which have occupied the attention of the Mexican + Government, the time fixed by the treaty of limits with the + United States for the meeting of the commissioners to define + the boundaries between the two nations has been suffered to + expire without the appointment of any commissioners on the + part of that Government. While the true boundary remains in + doubt by either party it is difficult to give effect to those + measures which are necessary to the protection and quiet of + our numerous citizens residing near that frontier. The + subject is one of great solicitude to the United States, and + will not fail to receive my earnest attention. + </p> + <p> + The treaty concluded with Chili and approved by the Senate at + its last session was also ratified by the Chilian Government, + but with certain additional and explanatory articles of a + nature to have required it to be again submitted to the + Senate. The time limited for the exchange of the + ratifications, however, having since expired, the action of + both Governments on the treaty will again become necessary. + </p> + <p> + The negotiations commenced with the Argentine Republic + relative to the outrages committed on our vessels engaged in + the fisheries at the Falkland Islands by persons acting under + the color of its authority, as well as the other matters in + controversy between the two Governments, have been suspended + by the departure of the chargé d'affaires of the + United States from Buenos Ayres. It is understood, however, + that a minister was subsequently appointed by that Government + to renew the negotiation in the United States, but though + daily expected he has not yet arrived in this country. + </p> + <p> + With Peru no treaty has yet been formed, and with Bolivia no + diplomatic intercourse has yet been established. It will be + my endeavor to encourage those sentiments of amity and that + liberal commerce which belong to the relations in which all + the independent States of this continent stand toward each + other. + </p> + <p> + I deem it proper to recommend to your notice the revision of + our consular system. This has become an important branch of + the public service, inasmuch as it is intimately connected + with the preservation of our national character abroad, with + the interest of our citizens in foreign countries, with the + regulation and care of our commerce, and with the protection + of our seamen. At the close of the last session of Congress I + communicated a report from the Secretary of State upon the + subject, to which I now refer, as containing information + which may be useful in any inquiries that Congress may see + fit to institute with a view to a salutary reform of the + system. + </p> + <p> + It gives me great pleasure to congratulate you upon the + prosperous condition of the finances of the country, as will + appear from the report which the Secretary of the Treasury + will in due time lay before you. The receipts into the + Treasury during the present year will amount to more than + $32,000,000. The revenue derived from customs will, it is + believed, be more than $28,000,000, and the public lands will + yield about $3,000,000. The expenditures within the year for + all objects, including $2,572,240.99 on account of the public + debt, will not amount to $25,000,000, and a large balance + will remain in the Treasury after satisfying all the + appropriations chargeable on the revenue for the present + year. + </p> + <p> + The measures taken by the Secretary of the Treasury will + probably enable him to pay off in the course of the present + year the residue of the exchanged 4-1/2 per cent stock, + redeemable on the 1st of January next. It has therefore been + included in the estimated expenditures of this year, and + forms a part of the sum above stated to have been paid on + account of the public debt. The payment of this stock will + reduce the whole debt of the United States, funded and + unfunded, to the sum of $4,760,082.08, and as provision has + already been made for the 4-1/2 percents above mentioned, and + charged in the expenses of the present year, the sum last + stated is all that now remains of the national debt; and the + revenue of the coming year, together with the balance now in + the Treasury, will be sufficient to discharge it, after + meeting the current expenses of the Government. Under the + power given to the commissioners of the sinking fund, it + will, I have no doubt, be purchased on favorable terms within + the year. + </p> + <p> + From this view of the state of the finances and the public + engagements yet to be fulfilled you will perceive that if + Providence permits me to meet you at another session I shall + have the high gratification of announcing to you that the + national debt is extinguished. I can not refrain from + expressing the pleasure I feel at the near approach of that + desirable event. The short period of time within which the + public debt will have been discharged is strong evidence of + the abundant resources of the country and of the prudence and + economy with which the Government has heretofore been + administered. We have waged two wars since we became a + nation, with one of the most powerful kingdoms in the world, + both of them undertaken in defense of our dearest rights, + both successfully prosecuted and honorably terminated; and + many of those who partook in the first struggle as well as in + the second will have lived to see the last item of the debt + incurred in these necessary but expensive conflicts + faithfully and honestly discharged. And we shall have the + proud satisfaction of bequeathing to the public servants who + follow us in the administration of the Government the rare + blessing of a revenue sufficiently abundant, raised without + injustice or oppression to our citizens, and unencumbered + with any burdens but what they themselves shall think proper + to impose upon it. + </p> + <p> + The flourishing state of the finances ought not, however, to + encourage us to indulge in a lavish expenditure of the public + treasure. The receipts of the present year do not furnish the + test by which we are to estimate the income of the next. The + changes made in our revenue system by the acts of Congress of + 1832 and 1833, and more especially by the former, have + swelled the receipts of the present year far beyond the + amount to be expected in future years upon the reduced tariff + of duties. The shortened credits on revenue bonds and the + cash duties on woolens which were introduced by the act of + 1832, and took effect on the 4th of March last, have brought + large sums into the Treasury in 1833, which, according to the + credits formerly given, would not have been payable until + 1834, and would have formed a part of the income of that + year. These causes would of themselves produce a great + diminution of the receipts in the year 1834 as compared with + the present one, and they will be still more diminished by + the reduced rates of duties which take place on the 1st of + January next on some of the most important and productive + articles. Upon the best estimates that can be made the + receipts of the next year, with the aid of the unappropriated + amount now in the Treasury, will not be much more than + sufficient to meet the expenses of the year and pay the small + remnant of the national debt which yet remains unsatisfied. I + can not, therefore, recommend to you any alteration in the + present tariff of duties. The rate as now fixed by law on the + various articles was adopted at the last session of Congress, + as a matter of compromise, with unusual unanimity, and unless + it is found to produce more than the necessities of the + Government call for there would seem to be no reason at this + time to justify a change. + </p> + <p> + But while I forbear to recommend any further reduction of the + duties beyond that already provided for by the existing laws, + I must earnestly and respectfully press upon Congress the + importance of abstaining from all appropriations which are + not absolutely required for the public interest and + authorized by the powers clearly delegated to the United + States. We are beginning a new era in our Government. The + national debt, which has so long been a burden on the + Treasury, will be finally discharged in the course of the + ensuing year. No more money will afterwards be needed than + what may be necessary to meet the ordinary expenses of the + Government. Now, then, is the proper moment to fix our system + of expenditure on firm and durable principles, and I can not + too strongly urge the necessity of a rigid economy and an + inflexible determination not to enlarge the income beyond the + real necessities of the Government and not to increase the + wants of the Government by unnecessary and profuse + expenditures. If a contrary course should be pursued, it may + happen that the revenue of 1834 will fall short of the + demands upon it, and after reducing the tariff in order to + lighten the burdens of the people, and providing for a still + further reduction to take effect hereafter, it would be much + to be deplored if at the end of another year we should find + ourselves obliged to retrace our steps and impose additional + taxes to meet unnecessary expenditures. + </p> + <p> + It is my duty on this occasion to call your attention to the + destruction of the public building occupied by the Treasury + Department, which happened since the last adjournment of + Congress. A thorough inquiry into the causes of this loss was + directed and made at the time, the result of which will be + duly communicated to you. I take pleasure, however, in + stating here that by the laudable exertions of the officers + of the Department and many of the citizens of the District + but few papers were lost, and none that will materially + affect the public interest. + </p> + <p> + The public convenience requires that another building should + be erected as soon as practicable, and in providing for it it + will be advisable to enlarge in some manner the + accommodations for the public officers of the several + Departments, and to authorize the erection of suitable + depositories for the safe-keeping of the public documents and + records. + </p> + <p> + Since the last adjournment of Congress the Secretary of the + Treasury has directed the money of the United States to be + deposited in certain State banks designated by him, and he + will immediately lay before you his reasons for this + direction. I concur with him entirely in the view he has + taken of the subject, and some months before the removal I + urged upon the Department the propriety of taking that step. + The near approach of the day on which the charter will + expire, as well as the conduct of the bank, appeared to me to + call for this measure upon the high considerations of public + interest and public duty. The extent of its misconduct, + however, although known to be great, was not at that time + fully developed by proof. It was not until late in the month + of August that I received from the Government directors an + official report establishing beyond question that this great + and powerful institution had been actively engaged in + attempting to influence the elections of the public officers + by means of its money, and that, in violation of the express + provisions of its charter, it had by a formal resolution + placed its funds at the disposition of its president to be + employed in sustaining the political power of the bank. A + copy of this resolution is contained in the report of the + Government directors before referred to, and however the + object may be disguised by cautious language, no one can + doubt that this money was in truth intended for + electioneering purposes, and the particular uses to which it + was proved to have been applied abundantly show that it was + so understood. Not only was the evidence complete as to the + past application of the money and power of the bank to + electioneering purposes, but that the resolution of the board + of directors authorized the same course to be pursued in + future. + </p> + <p> + It being thus established by unquestionable proof that the + Bank of the United States was converted into a permanent + electioneering engine, it appeared to me that the path of + duty which the executive department of the Government ought + to pursue was not doubtful. As by the terms of the bank + charter no officer but the Secretary of the Treasury could + remove the deposits, it seemed to me that this authority + ought to be at once exerted to deprive that great corporation + of the support and countenance of the Government in such an + use of its funds and such an exertion of its power. In this + point of the case the question is distinctly presented + whether the people of the United States are to govern through + representatives chosen by their unbiased suffrages or whether + the money and power of a great corporation are to be secretly + exerted to influence their judgment and control their + decisions. It must now be determined whether the bank is to + have its candidates for all offices in the country, from the + highest to the lowest, or whether candidates on both sides of + political questions shall be brought forward as heretofore + and supported by the usual means. + </p> + <p> + At this time the efforts of the bank to control public + opinion, through the distresses of some and the fears of + others, are equally apparent, and, if possible, more + objectionable. By a curtailment of its accommodations more + rapid than any emergency requires, and even while it retains + specie to an almost unprecedented amount in its vaults, it is + attempting to produce great embarrassment in one portion of + the community, while through presses known to have been + sustained by its money it attempts by unfounded alarms to + create a panic in all. + </p> + <p> + These are the means by which it seems to expect that it can + force a restoration of the deposits, and as a necessary + consequence extort from Congress a renewal of its charter. I + am happy to know that through the good sense of our people + the effort to get up a panic has hitherto failed, and that + through the increased accommodations which the State banks + have been enabled to afford, no public distress has followed + the exertions of the bank, and it can not be doubted that the + exercise of its power and the expenditure of its money, as + well as its efforts to spread groundless alarm, will be met + and rebuked as they deserve. In my own sphere of duty I + should feel myself called on by the facts disclosed to order + a <i>scire facias</i> against the bank, with a view to put an + end to the chartered rights it has so palpably violated, were + it not that the charter itself will expire as soon as a + decision would probably be obtained from the court of last + resort. + </p> + <p> + I called the attention of Congress to this subject in my last + annual message, and informed them that such measures as were + within the reach of the Secretary of the Treasury had been + taken to enable him to judge whether the public deposits in + the Bank of the United States were entirely safe; but that as + his single powers might be inadequate to the object, I + recommended the subject to Congress as worthy of their + serious investigation, declaring it as my opinion that an + inquiry into the transactions of that institution, embracing + the branches as well as the principal bank, was called for by + the credit which was given throughout the country to many + serious charges impeaching their character, and which, if + true, might justly excite the apprehension that they were no + longer a safe depository for the public money. The extent to + which the examination thus recommended was gone into is + spread upon your journals, and is too well known to require + to be stated. Such as was made resulted in a report from a + majority of the Committee of Ways and Means touching certain + specified points only, concluding with a resolution that the + Government deposits might safely be continued in the Bank of + the United States. This resolution was adopted at the close + of the session by the vote of a majority of the House of + Representatives. + </p> + <p> + Although I may not always be able to concur in the views of + the public interest or the duties of its agents which may be + taken by the other departments of the Government or either of + its branches, I am, notwithstanding, wholly incapable of + receiving otherwise than with the most sincere respect all + opinions or suggestions proceeding from such a source, and in + respect to none am I more inclined to do so than to the House + of Representatives. But it will be seen from the brief views + at this time taken of the subject by myself, as well as the + more ample ones presented by the Secretary of the Treasury, + that the change in the deposits which has been ordered has + been deemed to be called for by considerations which are not + affected by the proceedings referred to, and which, if + correctly viewed by that Department, rendered its act a + matter of imperious duty. + </p> + <p> + Coming as you do, for the most part, immediately from the + people and the States by election, and possessing the fullest + opportunity to know their sentiments, the present Congress + will be sincerely solicitous to carry into full and fair + effect the will of their constituents in regard to this + institution. It will be for those in whose behalf we all act + to decide whether the executive department of the Government, + in the steps which it has taken on this subject, has been + found in the line of its duty. + </p> + <p> + The accompanying report of the Secretary of War, with the + documents annexed to it, exhibits the operations of the War + Department for the past year and the condition of the various + subjects intrusted to its administration. + </p> + <p> + It will be seen from them that the Army maintains the + character it has heretofore acquired for efficiency and + military knowledge. Nothing has occurred since your last + session to require its services beyond the ordinary routine + of duties which upon the seaboard and the inland frontier + devolve upon it in a time of peace. The system so wisely + adopted and so long pursued of constructing fortifications at + exposed points and of preparing and collecting the supplies + necessary for the military defense of the country, and thus + providently furnishing in peace the means of defense in war, + has been continued with the usual results. I recommend to + your consideration the various subjects suggested in the + report of the Secretary of War. Their adoption would promote + the public service and meliorate the condition of the Army. + </p> + <p> + Our relations with the various Indian tribes have been + undisturbed since the termination of the difficulties growing + out of the hostile aggressions of the Sac and Fox Indians. + Several treaties have been formed for the relinquishment of + territory to the United States and for the migration of the + occupants of the region assigned for their residence west of + the Mississippi. Should these treaties be ratified by the + Senate, provision will have been made for the removal of + almost all the tribes now remaining east of that river and + for the termination of many difficult and embarrassing + questions arising out of their anomalous political condition. + It is to be hoped that those portions of two of the Southern + tribes, which in that event will present the only remaining + difficulties, will realize the necessity of emigration, and + will speedily resort to it. My original convictions upon this + subject have been confirmed by the course of events for + several years, and experience is every day adding to their + strength. + </p> + <p> + That those tribes can not exist surrounded by our settlements + and in continual contact with our citizens is certain. They + have neither the intelligence, the industry, the moral + habits, nor the desire of improvement which are essential to + any favorable change in their condition. Established in the + midst of another and a superior race, and without + appreciating the causes of their inferiority or seeking to + control them, they must necessarily yield to the force of + circumstances and ere long disappear. Such has been their + fate heretofore, and if it is to be averted—and it + is—it can only be done by a general removal beyond our + boundary and by the reorganization of their political system + upon principles adapted to the new relations in which they + will be placed. The experiment which has been recently made + has so far proved successful. The emigrants generally are + represented to be prosperous and contented, the country + suitable to their wants and habits, and the essential + articles of subsistence easily procured. When the report of + the commissioners now engaged in investigating the condition + and prospects of these Indians and in devising a plan for + their intercourse and government is received, I trust ample + means of information will be in possession of the Government + for adjusting all the unsettled questions connected with this + interesting subject. + </p> + <p> + The operations of the Navy during the year and its present + condition are fully exhibited in the annual report from the + Navy Department. + </p> + <p> + Suggestions are made by the Secretary of various + improvements, which deserve careful consideration, and most + of which, if adopted, bid fair to promote the efficiency of + this important branch of the public service. Among these are + the new organization of the Navy Board, the revision of the + pay to officers, and a change in the period of time or in the + manner of making the annual appropriations, to which I beg + leave to call your particular attention. + </p> + <p> + The views which are presented on almost every portion of our + naval concerns, and especially on the amount of force and the + number of officers, and the general course of policy + appropriate in the present state of our country for securing + the great and useful purposes of naval protection in peace + and due preparation for the contingencies of war, meet with + my entire approbation. + </p> + <p> + It will be perceived from the report referred to that the + fiscal concerns of the establishment are in an excellent + condition, and it is hoped that Congress may feel disposed to + make promptly every suitable provision desired either for + preserving or improving the system. + </p> + <p> + The general Post-Office Department has continued, upon the + strength of its own resources, to facilitate the means of + communication between the various portions of the Union with + increased activity. The method, however, in which the + accounts of the transportation of the mail have always been + kept appears to have presented an imperfect view of its + expenses. It has recently been discovered that from the + earliest records of the Department the annual statements have + been calculated to exhibit an amount considerably short of + the actual expense incurred for that service. These illusory + statements, together with the expense of carrying into effect + the law of the last session of Congress establishing new mail + routes, and a disposition on the part of the head of the + Department to gratify the wishes of the public in the + extension of mail facilities, have induced him to incur + responsibilities for their improvement beyond what the + current resources of the Department would sustain. As soon as + he had discovered the imperfection of the method he caused an + investigation to be made of its results and applied the + proper remedy to correct the evil. It became necessary for + him to withdraw some of the improvements which he had made to + bring the expenses of the Department within its own + resources. These expenses were incurred for the public good, + and the public have enjoyed their benefit. They are now but + partially suspended, and that where they may be discontinued + with the least inconvenience to the country. + </p> + <p> + The progressive increase in the income from postages has + equaled the highest expectations, and it affords + demonstrative evidence of the growing importance and great + utility of this Department. The details are exhibited in the + accompanying report of the Postmaster-General. + </p> + <p> + The many distressing accidents which have of late occurred in + that portion of our navigation carried on by the use of steam + power deserve the immediate and unremitting attention of the + constituted authorities of the country. The fact that the + number of those fatal disasters is constantly increasing, + notwithstanding the great improvements which are everywhere + made in the machinery employed and in the rapid advances + which have been made in that branch of science, shows very + clearly that they are in a great degree the result of + criminal negligence on the part of those by whom the vessels + are navigated and to whose care and attention the lives and + property of our citizens are so extensively intrusted. + </p> + <p> + That these evils may be greatly lessened, if not + substantially removed, by means of precautionary and penal + legislation seems to be highly probable. So far, therefore, + as the subject can be regarded as within the constitutional + purview of Congress I earnestly recommend it to your prompt + and serious consideration. + </p> + <p> + I would also call your attention to the views I have + heretofore expressed of the propriety of amending the + Constitution in relation to the mode of electing the + President and the Vice-President of the United States. + Regarding it as all important to the future quiet and harmony + of the people that every intermediate agency in the election + of these officers should be removed and that their + eligibility should be limited to one term of either four or + six years, I can not too earnestly invite your consideration + of the subject. + </p> + <p> + Trusting that your deliberations on all the topics of general + interest to which I have adverted, and such others as your + more extensive knowledge of the wants of our beloved country + may suggest, may be crowned with success, I tender you in + conclusion the cooperation which it may be in my power to + afford them. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>December 5, 1833</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate at its last + session, requesting the President "to cause to be prepared + and laid before the Senate at the commencement of its next + session a plan for equalizing the pay of the officers in the + Army and Navy according to their relative rank, and providing + a stated salary or fixed compensation for their services in + lieu of present allowances," I submit herewith a report from + the Secretaries of the War and Navy Departments, to whom the + subject was referred. It is believed the plan they have + presented meets substantially the objects of the resolution. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 6, 1833</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit herewith to the House of Representatives a + communication from the War Department, showing the + circumstances under which the sum of $5,000, appropriated for + subsistence of the Army, was transferred to the service of + the medical and hospital department, and which, by the law + authorizing the transfer, are required to be laid before + Congress during the first week of their session. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 6, 1833</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit herewith, for the information of the House, the + report of the survey made in pursuance of the fourth section + of the act of Congress of the 4th July, 1832, authorizing the + survey of canal routes in the Territory of Florida. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 11, 1833</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit herewith a report from the Secretary of the + Treasury, exhibiting certain transfers of appropriations that + have been made in that Department in pursuance of the power + vested in the President by the first section of the act of + Congress of the 3d March, 1809, entitled "An act further to + amend the several acts for the establishment and regulation + of the Treasury, War, and Navy Departments." + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 12, 1833</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I have attentively considered the resolution of the Senate of + the 11th instant, requesting the President of the United + States to communicate to the Senate "a copy of the paper + which has been published, and which purports to have been + read by him to the heads of the Executive Departments, dated + the 18th day of September last, relating to the removal of + the deposits of the public money from the Bank of the United + States and its offices." + </p> + <p> + The executive is a coordinate and independent branch of the + Government equally with the Senate, and I have yet to learn + under what constitutional authority that branch of the + Legislature has a right to require of me an account of any + communication, either verbally or in writing, made to the + heads of Departments acting as a Cabinet council. As well + might I be required to detail to the Senate the free and + private conversations I have held with those officers on any + subject relating to their duties and my own. + </p> + <p> + Feeling my responsibility to the American people, I am + willing upon all occasions to explain to them the grounds of + my conduct, and I am willing upon all proper occasions to + give to either branch of the Legislature any information in + my possession that can be useful in the execution of the + appropriate duties confided to them. + </p> + <p> + Knowing the constitutional rights of the Senate, I shall be + the last man under any circumstances to interfere with them. + Knowing those of the Executive, I shall at all times endeavor + to maintain them agreeably to the provisions of the + Constitution and the solemn oath I have taken to support and + defend it. + </p> + <p> + I am constrained, therefore, by a proper sense of my own + self-respect and of the rights secured by the Constitution to + the executive branch of the Government to decline a + compliance with your request. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 23, 1833</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + The rules and regulations herewith submitted have been + prepared by a board of officers in conformity with an act + passed May 19, 1832.<a href="#note-1">1</a> + </p> + <p> + They are approved by me, and in pursuance of the provisions + of said act are now communicated to the House of + Representatives for the purpose of obtaining to them the + sanction of Congress. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 24, 1833</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit herewith, for the consideration of the Senate as + to the ratification thereof, the following Indian treaties + that have been received since the adjournment of the last + session of Congress, viz: + </p> + <p> + No. 1. Treaty with the Seminole Indians, made May 9, 1832. + </p> + <p> + No. 2. Treaty with the Cherokees west of the Mississippi, + made 14th February, 1833. + </p> + <p> + No. 3. Treaty with the Creeks west of the Mississippi, made + 14th February, 1833. + </p> + <p> + No. 4. Assignment to the Seminoles of a tract of land for + their residence west of the Mississippi, made 28th March, + 1833. + </p> + <p> + No. 5. Agreement with the Apalachiccla band of Indians, made + 18th June, 1833. + </p> + <p> + No. 6. Treaty with the united bands of Ottoes and + Missourians, made 21st September, 1833. + </p> + <p> + No. 7. Treaty with the four confederated bands of Pawnees + residing on the Platt and Loup Fork, made 9th October, 1833. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 6, 1834</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I communicate to Congress an extract of a letter recently + received from R.J. Leib, consul of the United States at + Tangier, by which it appears that that officer has been + induced to receive from the Emperor of Morocco a present of a + lion and two horses, which he holds as belonging to the + United States. There being no funds at the disposal of the + Executive applicable to the objects stated by Mr. Leib, I + submit the whole subject to the consideration of Congress for + such direction as in their wisdom may seem proper. + </p> + <p> + I have directed instructions to be given to all our ministers + and agents abroad requiring that in future, unless previously + authorized by Congress, they will not under any circumstances + accept presents of any description from any foreign state. + </p> + <p> + I deem it proper on this occasion to invite the attention of + Congress to the presents which have heretofore been made to + our public officers, and which have been deposited under the + orders of the Government in the Department of State. These + articles are altogether useless to the Government, and the + care and preservation of them in the Department of State are + attended with considerably inconvenience. + </p> + <p> + The provision of the Constitution which forbids any officer, + without the consent of Congress, to accept any present from + any foreign power may be considered as having been satisfied + by the surrender of the articles to the Government, and they + might now be disposed of by Congress to those for whom they + were originally intended, or to their heirs, with obvious + propriety in both cases, and in the latter would be received + as grateful memorials of the surrender of the present. + </p> + <p> + As under the positive order now given similar presents can + not hereafter be received, even for the purpose of being + placed at the disposal of the Government, I recommend to + Congress to authorize by law that the articles already in the + Department of State shall be delivered to the persons to whom + they were originally presented, if living, and to the heirs + of such as may have died. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 7, 1834</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with the resolution requesting the President of + the United States to lay before the House "a copy of any + contract which may have been made for the construction of a + bridge across the Potomac opposite to the city of Washington, + together with the authority under which such contract may + have been made, the names of the contractors and their + securities, if any, and the plan and estimate of the cost of + such a bridge," I transmit herewith a report from the + Secretary of the Treasury, to whom the resolution was + referred, containing all the information upon the subject + which he is now able to communicate. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 9, 1834</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, for their constitutional action, a + treaty concluded between the commissioners on the part of the + United States and the united nation of Chippewas, Ottawas, + and Potawatamies, at Chicago, on the 26th of September, 1833, + to the cession of certain lands in the State of Illinois and + Territory of Michigan. + </p> + <p> + I transmit also sundry documents relating thereto that I + think proper should be laid before the Senate. + </p> + <p> + I understand the country ceded by this treaty is considered a + valuable one and its acquisition important to that section of + the Union. Under these circumstances, as the objection to a + ratification applies to those stipulations in the third + article which provide that $100,000 and $150,000 shall be + granted in satisfaction of claims to reservations and for + debts due from the Indians to individuals, I recommend that + the treaty be ratified, with the condition that an agent be + appointed to proceed to Chicago investigate the justice of + these claims. If they are all well founded and have been + assented to by the Indians with a full knowledge of the + circumstances, a proper investigation of them will do the + claimants no injury, but will place the matter beyond + suspicion. If, on the other hand, they are unjust and have + not been fully understood by the Indians, the fraud will in + that event vitiate them, and they ought not to be paid. To + the United States, in a mere pecuniary point of view, it is + of no importance to whom the money provided by this treaty is + paid. They stipulate to pay a given amount, and that amount + they must pay, but the consideration is yielded by the + Indians, and they are entitled to its value. Whatever is + granted in claims must be withheld from them, and if not so + granted it becomes theirs. Considering the relations in which + the Indians stand to the United States, it appears to me just + to exercise their supervisory authority. It has been done in + more than one instance, and as its object in this case is to + ascertain whether any fraud exists, and if there does to + correct it, I consider such a ratification within the proper + scope of the treaty-making power. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 22, 1834</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit to the Senate a report<a href="#note-2">2</a> from + the Secretary of State, containing the information requested + by their resolution of the 9th instant, with the documents + which accompany that report. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 25, 1834</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit herewith to the House of Representatives a letter + from the Secretary of State, together with the accompanying + papers, relating to a claim preferred to that Department, + through the British legation at Washington, for + indemnification for losses alleged to have been sustained by + the owners of the ship <i>Francis and Eliza</i>, libeled at + New Orleans in 1819, and condemned and sold by the sentence + and decree of the district court of the United States for the + district of Louisiana, but afterwards restored upon an appeal + to the Supreme Court of the United States, that such + legislative provision may be made by Congress in behalf of + those interested as shall appear just and proper in the case. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 4, 1834. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I deem it my duty to communicate to Congress the recent + conduct of the Bank of the United States in refusing to + deliver the books, papers, and funds in its possession + relating to the execution of the act of Congress of June 7, + 1832, entitled "An act supplementary to the 'Act for the + relief of certain surviving officers and soldiers of the + Revolution.'" The correspondence reported by the Secretary of + War, and herewith transmitted, will show the grounds assumed + by the bank to justify its refusal to make the transfer + directed by the War Department. It does not profess to claim + the privilege of this agency as a right secured to it by + contract, nor as a benefit conferred by the Government, but + as a burden, from which it is willing to be relieved. It + places its refusal upon the extraordinary ground that the + corporation has a right to sit in judgment upon the legality + of the acts of the constituted authorities in a matter in + which the stockholders are admitted to have no interest, and + it impedes and defeats, as far as its power will permit, the + execution of a measure of the Administration, because the + opinion of the corporation upon the construction of an act of + Congress differs from that of the proper officers of the + United States. + </p> + <p> + The claim of this corporation thus to usurp the functions of + the judicial power and to prescribe to the executive + department the manner in which it shall execute the trust + confided to it by law is without example in the history of + our country. If the acts of the public servants, who are + responsible to the people for the manner in which they + execute their duty, may thus be checked and controlled by an + irresponsible money corporation, then indeed the whole frame + of our Government is changed, and we have established a power + in the Bank of the United States above what we derive from + the people. + </p> + <p> + It will be seen from the accompanying statement (marked A) + that according to the latest accounts received at the War + Department the Bank of the United States and its branches + have in their possession near half a million of the public + money, received by them under the law of 1832, which they + have not yet accounted for, and which they refuse to pay over + to the proper agents for the use of those persons for whose + benefit it was withdrawn from the Treasury. It is to be + regretted that this attempt on the part of the bank to guide + and direct the Executive upon the construction and execution + of an act of Congress should have been put forward and + insisted on in a case where the immediate sufferers from + their conduct will be the surviving veterans of the + Revolutionary war, for this evil falls exclusively upon the + gallant defenders of their country and delays and embarrasses + the payment of the debt which the gratitude of the nation has + awarded to them, and which in many instances is necessary for + their subsistence and comfort in their declining years. + </p> + <p> + The character of the claim set up by the bank and the + interest of the parties to be immediately affected by it make + it my duty to submit the whole subject to the consideration + of Congress, and I leave it to their wisdom to adopt such + measures as the honor of the Government and the just claims + of the individuals injured by the proceedings may be deemed + to require. + </p> + <p> + Having called for the opinion of the Attorney-General upon + this occasion with a view to a thorough investigation of the + question which has thus been presented for my consideration, + I inclose a copy of the report of that officer and add my + entire concurrence in the views he has taken. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 12, 1834</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit to the House of Representatives a + report<a href="#note-3">3</a> from the Secretary of State, + in relation to the subject of a resolution of the 8th of + this month. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 12, 1834</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit to the House of Representatives a report from the + Secretary of State, containing the information + requested<a href="#note-4">4</a> by the resolution of the + 14th ultimo, with the documents which accompanied that + report. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 22, 1834</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith to the Senate, for their advice + concerning its ratification, an additional and explanatory + convention to the treaty of peace, amity, commerce, and + navigation between the United States and the Republic of + Chile, which additional and explanatory convention was + concluded at the city of Santiago by the plenipotentiaries of + the United States and of Chile on the 1st of September, 1833. + I also transmit a report from the Secretary of State on the + subject. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 8, 1834</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit herewith to the House a report from the Secretary + of State, containing the instructions and other papers called + for by the resolution of the House of the 14th ultimo, + "relative to the trade between the United States and the + islands of Cuba and Porto Rico," etc. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 11, 1834</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I renominate Henry D. Gilpin, Peter Wager, and John T. + Sullivan, of Philadelphia, and Hugh McEldery, of Baltimore, + to be directors in the Bank of the United States for the year + 1834. + </p> + <p> + I disclaim all pretension of right on the part of the + President officially to inquire into or call in question the + reasons of the Senate for rejecting any nomination + whatsoever. As the President is not responsible to them for + the reasons which induce him to make a nomination, so they + are not responsible to him for the reasons which induce them + to reject it. In these respects each is independent of the + other and both responsible to their respective constituents. + Nevertheless, the attitude in which certain vital interests + of the country are placed by the rejection of the gentlemen + now renominated require of me frankly to communicate my views + of the consequences which must necessarily follow this act of + the Senate if it be not reconsidered. + </p> + <p> + The characters and standing of these gentlemen are well known + to the community, and eminently qualify them for the offices + to which I propose to appoint them. Their confirmation by the + Senate at its last session to the same offices is proof that + such was the opinion of them entertained by the Senate at + that time, and unless something has occurred since to change + it this act may now be referred to as evidence that their + talents and pursuits justified their selection. The refusal, + however, to confirm their nominations to the same offices + shows that there is something in the conduct of these + gentlemen during the last year which, in the opinion of the + Senate, disqualifies them, and as no charge has been made + against them as men or citizens, nothing which impeaches the + fair private character they possessed when the Senate gave + them their sanction at its last session, and as it, moreover, + appears from the Journal of the Senate recently transmitted + for my inspection that it was deemed unnecessary to inquire + into their qualifications or character, it is to be inferred + that the change in the opinion of the Senate has arisen from + the official conduct of these gentlemen. The only + circumstances in their official conduct which have been + deemed of sufficient importance to attract public attention + are the two reports made by them to the executive department + of the Government, the one bearing date the 22d day of April + and the other the 19th day of August last, both of which + reports were communicated to the Senate by the Secretary of + the Treasury with his reasons for removing the deposit. + </p> + <p> + The truth of the facts stated in these reports is not, I + presume, questioned by anyone. The high character and + standing of the citizens by whom they were made prevent any + doubt upon the subject. Indeed, the statements have not been + denied by the president of the bank and the other directors. + On the contrary, they have insisted that they were authorized + to use the money of the bank in the manner stated in the two + reports, and have not denied that the charges there made + against the corporation are substantially true. + </p> + <p> + It must be taken, therefore, as admitted that the statements + of the public directors in the reports above mentioned are + correct, and they disclose the most alarming abuses on the + part of the corporation and the most strenuous exertions on + their part to put an end to them. They prove that enormous + sums were secretly lavished in a manner and for purposes that + can not be justified, and that the whole of the immense + capital of the bank has been virtually placed at the disposal + of a single individual, to be used, if he thinks proper, to + corrupt the press and to control the proceedings of the + Government by exercising an undue influence over elections. + </p> + <p> + The reports are made in obedience to my official directions, + and I herewith transmit copies of my letters calling for + information of the proceedings of the bank. Were they bound + to disregard the call? Was it their duty to remain silent + while abuses of the most injurious and dangerous character + were daily practiced? Were they bound to conceal from the + constituted authorities a course of measures destructive to + the best interests of the country and intended gradually and + secretly to subvert the foundations of our Government and to + transfer its powers from the hands of the people to a great + moneyed corporation? Was it their duty to sit in silence at + the board and witness all these abuses without an attempt to + correct them, or, in case of failure there, not to appeal to + higher authority? The eighth fundamental rule authorizes any + one of the directors, whether elected or appointed, who may + have been absent when an excess of debt was created, or who + may have dissented from the act, to exonerate himself from + personal responsibility by giving notice of the fact to the + President of the United States, thus recognizing the + propriety of communicating to that officer the proceedings of + the board in such cases. But independently of any argument to + be derived from the principle recognized in the rule referred + to, I can not doubt for a moment that it is the right and the + duty of every director at the board to attempt to correct all + illegal proceedings, and, in case of failure, to disclose + them, and that every one of them, whether elected by the + stockholders or appointed by the Government, who had + knowledge of the facts and concealed them, would be justly + amenable to the severest censure. + </p> + <p> + But in the case of the public director it was their peculiar + and official duty to make the disclosures, and the call upon + them for information could not have been disregarded without + a flagrant breach of their trust. The directors appointed by + the United States can not be regarded in the light of the + ordinary directors of a bank appointed by the stockholders + and charged with the care of their pecuniary interests in the + corporation. They have higher and more important duties. They + are public officers. They are placed at the board not merely + to represent the stock held by the United States, but to + observe the conduct of the corporation and to watch over the + public interests. It was foreseen that this great moneyed + monopoly might be so managed as to endanger the interests of + the country, and it was therefore deemed necessary as a + measure of precaution to place at the board watchful + sentinels, who should observe its conduct and stand ready to + report to the proper officers of the Government every act of + the board which might affect injuriously the interests of the + people. + </p> + <p> + The whole frame of the charter, as well as the manner of + their appointment, proves this to be their true character. + The United States are not represented at the board by these + directors merely on account of the stock held by the + Government. The right of the United States to appoint + directors and the number appointed do not depend upon the + amount of the stock, for if every share should be sold and + the United States cease to be a stockholder altogether, yet + under the charter the right to appoint five directors would + still remain. In such a case what would be the character of + the directors? They would represent no stock and be chosen by + no stockholders. Yet they would have a right to sit at the + board, to vote on all questions submitted to it, and to be + made acquainted with all the proceedings of the corporation. + They would not in such a case be ordinary directors chosen by + the stockholders in proportion to their stock, but they would + be public officers, appointed to guard the public interest, + and their duties must conform to their office. They are not + the duties of an ordinary director chosen by a stockholder, + but they are the peculiar duties of a public officer who is + bound on all occasions to protect to the utmost of his lawful + means the public interests, and, where his own authority is + not sufficient to prevent injury, to inform those to whom the + law has confided the necessary power. Such, then, is the + character and such are the duties of the directors appointed + by the United States, whether the public be stockholders or + not. They are officers of the United States, and not the mere + representatives of a stockholder. + </p> + <p> + The mode of their appointment and their tenure of office + confirm this position. They are appointed like other officers + of the Government and by the same authority. They do not hold + their offices irrevocably a year after their appointment; on + the contrary, by the express terms of the law, they are + liable to be removed from office at any time by the President + when in his judgment the public interest shall require it. In + every aspect, therefore, in which the subject can be + considered it is evident that the five directors appointed by + the United States are to be regarded as public officers who + are placed there in order to observe the conduct of the + corporation and to prevent abuses which might otherwise be + committed. + </p> + <p> + Such being the character of the directors appointed on behalf + of the United States, it is obviously their duty to resist, + and in case of failure to report to the President or to the + Secretary of the Treasury, any proceedings of the board by + which the public interests may be injuriously affected. The + President may order a <i>scire facias</i> against the bank + for a violation of its charter, and the Secretary of the + Treasury is empowered to direct the money of the United + States to be deposited elsewhere when in his judgment the + public interest requires it to be done. The directors of this + bank, like all others, are accustomed to sit with closed + doors, and do not report their proceedings to any department + of the Government. + </p> + <p> + The monthly return which the charter requires to be made to + the Treasury Department gives nothing more than a general + statement of its pecuniary condition, and of that but an + imperfect one; for although it shows the amount loaned at the + bank and its different branches, it does not show the + condition of its debtors nor the circumstances under which + the loans were made. It does not show whether they were in + truth accommodations granted in the regular and ordinary + course of business upon fair banking principles or from other + motives. Under the name of loans advances may be made to + persons notoriously insolvent for the most corrupt and + improper purposes, and a course of proceeding may be adopted + in violation of its charter, while upon the face of its + monthly statement everything would appear to be fair and + correct. + </p> + <p> + How, then, is the executive branch of the Government to + become acquainted with the official conduct of the public + directors or the abuses practiced by the corporation for its + private ends and in violation of its duty to the public? The + power of displacing the public directors and that of issuing + a <i>scire facias</i> and of removing the deposits were not + intended to be idle and nugatory provisions without the means + of enforcement. Yet they must be wholly inoperative and + useless unless there be some means by which the official + conduct of the public directors and the abuses of power on + the part of the corporation may be brought to the knowledge + of the executive department of the Government. + </p> + <p> + Will it be said that the power is given to the Secretary of + the Treasury to examine himself, or by his authorized agent, + into the conduct and condition of the bank? The answer is + obvious. It could not have been expected or intended that he + would make an examination unless information was first given + to him which excited his suspicions; and if he did make such + a general examination without previous information of + misconduct, it is most probable that in the complex concerns + and accounts of a bank it would result in nothing, whatever + abuses might have been practiced. + </p> + <p> + It is, indeed, the duty of every director to give information + of such misconduct on the part of the board. But the power to + issue a <i>scire facias</i> and to remove the deposits + presupposes that the directors elected by the stockholders + might abuse their power, and it can not be presumed that + Congress intended to rely on these same directors to give + information of their own misconduct. The Government is not + accustomed to rely on the offending party to disclose his + offense. It was intended that the power to issue a <i>scire + facias</i> and remove the deposits be real and effective. The + necessary means of information were therefore provided in the + charter, and five officers of the Government, appointed in + the usual manner, responsible to the public and not to the + stockholders, were placed as sentinels at the board, and are + bound by the nature and character of their office to resist, + and if unsuccessful to report to the proper authority, every + infraction of the charter and every abuse of power, in order + that due measures should be taken to punish or correct it; + and in like manner it is their duty to give, when called + upon, any explanation of their own official conduct touching + the management of the institution. + </p> + <p> + It was perhaps scarcely necessary to present to the Senate + these views of the power of the Executive and of the duties + of the five directors appointed by the United States. But the + bank is believed to be now striving to obtain for itself the + government of the country, and is seeking by new and strained + constructions to wrest from the hands of the constituted + authorities the salutary control reserved by the charter; and + as misrepresentation is one of its most usual weapons of + attack, I have deemed it my duty to put before the Senate in + a manner not to be misunderstood the principles on which I + have acted. + </p> + <p> + Entertaining as I do a solemn conviction of the truth of + these principles, I must adhere to them and act upon them + with constancy and firmness. Aware as I now am of the + dangerous machinations of the bank, it is more than ever my + duty to be vigilant in guarding the rights of the people from + the impending danger. And I should feel that I ought to + forfeit the confidence with which my countrymen have honored + me if I did not require regular and full reports of + everything in the proceedings of the bank calculated to + affect injuriously the public interests from the public + directors; and if the directors should fail to give the + information called for, it would be my imperious duty to + exercise the power conferred on me by law of removing them + from office and of appointing others who would discharge + their duties with more fidelity to the public. I can never + suffer anyone to hold office under me who would connive at + corruption or who should fail to give the alarm when he saw + the enemies of liberty endeavoring to sap the foundations of + our free institutions and to subject the free people of the + United States to the dominion of a great moneyed corporation. + </p> + <p> + Any directors of the bank, therefore, who might be appointed + by the Government would be required to report to the + Executive as fully as the late directors have done, and more + frequently, because the danger is more imminent; and it would + be my duty to require of them a full detail of every part of + the proceedings of the corporation, or any of its officers, + in order that I might be enabled to decide whether I should + exercise the power of ordering a <i>scire facias</i>, which + is reserved to the President by the charter, or adopt such + other lawful measures as the interests of the country might + require. It is too obvious to be doubted that the misconduct + of the corporation would never have been brought to light by + the aid of a public proceeding at the board of directors. The + board when called on by the Government directors refused to + institute an inquiry or require an account, and the mode + adopted by the latter was the only one by which the object + could be attained. It would be absurd to admit the right of + the Government directors to give information and at the same + time deny the means of obtaining it. It would be but another + mode of enabling the bank to conceal its proceedings and + practice with impunity its corruptions. In the mode of + obtaining the information, therefore, and in their efforts to + put an end to the abuses disclosed, as well as in reporting + them, the conduct of the late directors was judicious and + praiseworthy, and the honesty, firmness, and intelligence + which they have displayed entitle them, in my opinion, to the + gratitude of the country. + </p> + <p> + But if I do not mistake the principles on which the Senate + have recently rejected them, the conduct which I deem worthy + of praise they treat as a breach of duty, and in their + judgment the measures which they took to obtain the + informations and their efforts to put an end to the practices + disclosed and the reports they have made to the Executive, + although true in all their parts, are regarded as an offense + and supposed to require some decisive mark of strong + disapprobation. + </p> + <p> + If the views of the Senate be such as I have supposed, the + difficulty of sending to the Senate any other names than + those of the late directors will be at once apparent. I can + not consent to place before the Senate the name of anyone who + is not prepared with firmness and honesty to discharge the + duties of a public director in the manner they were fulfilled + by those whom the Senate have refused to confirm. If for + performing a duty lawfully required of them by the Executive + they are to be punished by the subsequent rejection of the + Senate, it would not only be useless, but cruel, to place men + of character and honor in that situation, if even such men + could be found to accept it. If they failed to give the + required information or to take proper measures to obtain it, + they would be removed by the Executive. If they gave the + information and took proper measures to obtain it, they would + upon the next nomination be rejected by the Senate. It would + be unjust in me to place any other citizens in the + predicament in which this unlooked-for decision of the Senate + has placed the estimable and honorable men who were directors + during the last year. + </p> + <p> + If I am not in error in relation to the principles upon which + these gentlemen have been rejected, the necessary consequence + will be that the bank will hereafter be without Government + directors, and the people of the United States must be + deprived of their chief means of protection against its + abuses, for whatever conflicting opinions may exist as to the + right of the directors appointed in January, 1833, to hold + over until new appointments shall be made, it is very obvious + that whilst their rejection by the Senate remains in force + they can not with propriety attempt to exercise such a power. + In the present state of things, therefore, the corporation + will be enabled effectually to accomplish the object it has + been so long endeavoring to attain. Its exchange committees + and its delegated powers to its president may hereafter be + dispensed with without incurring the danger of exposing its + proceedings to the public view. The sentinels which the law + had placed at its board can no longer appear there. + </p> + <p> + Justice to myself and to the faithful officers by whom the + public has been so well and so honorably served without + compensation or reward during the last year has required of + me this full and frank exposition of my motives for + nominating them again after their rejection by the Senate. I + repeat that I do not question the right of the Senate to + confirm or reject at their pleasure, and if there had been + any reason to suppose that the rejection in this case had not + been produced by the causes to which I have attributed it, or + if my views of their duties and the present importance of + their rigid performance were other than they are, I should + have cheerfully acquiesced and attempted to find others who + would accept the unenviable trust; but I can not consent to + appoint directors of the bank to be the subservient + instruments or silent spectators of its abuses and + corruptions, nor can I ask honorable men to undertake the + thankless duty with the certain prospect of being rebuked by + the Senate for its faithful performance in pursuance of the + lawful directions of the Executive. + </p> + <p> + I repeat that I do not claim a right to inquire into or + officially to censure the acts of the Senate, but the + situation in which the important interests of the American + people vested in the Bank of the United States and affected + by its arrangements must necessarily be left by the rejection + of the gentlemen now renominated has made it my duty to give + this explanation to the Senate and submit the matter to their + reconsideration. If it shall be determined by the Senate that + all channels of information in relation to the corrupt + proceedings of this dangerous corporation shall be cut off + and the Government and country left exposed to its + unrestrained machinations against the purity of the press and + public liberty, I shall, after having made this effort to + avert so great an evil, rest for the justification of my + official course with respectful confidence on the judgment of + the American people. + </p> + <p> + In conclusion it is proper I should inform the Senate that + there is now no Government director appointed for the present + year, Mr. Bayard, who was nominated, and confirmed by the + Senate, having refused to accept that appointment. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 14, 1834</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I transmit herewith a report from the Secretary of State, + accompanied by a copy of a letter from the commissioners + appointed to adjust the claims of our citizens under the late + treaty with Naples, and suggest for the consideration of + Congress the expediency of extending the term allowed for the + performance of the duties assigned to them. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 20, 1834</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith to the Senate a report<a href= + "#note-5">5</a> from the Secretary of State, with the + documents accompanying it, in pursuance of their resolution + of the 7th instant, relative to the ship <i>Olive Branch</i>. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 22, 1834</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives a + report<a href="#note-6">6</a> from the Secretary of State, + upon the subject of a resolution of the 10th instant, + which was referred to that officer. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 1, 1834</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I transmit for the consideration of Congress a report from + the Secretary of State, and recommend that legislative + measures may be taken to prevent the counterfeiting of + foreign coins and the exporting of counterfeit coins from the + United States. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 2, 1834</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I lay before Congress a communication from the governor of + New York and a copy of a communication from the governor of + New Jersey, addressed to me with a view of obtaining the + consent of Congress to an agreement which has been entered + into by the States of New York and New Jersey to settle the + boundary line between those States. The agreement and + authenticated copies of the acts of the legislatures of New + York and New Jersey relating to it are also transmitted. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 8, 1834</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit herewith a report from the Commissioner of the + General Land Office, made in compliance with the resolution + of the Senate of the 29th ultimo, calling for "the dates of + the proclamations and the times of sale specified in each of + the sales of the public lands in the district of country + acquired from the Choctaw tribe of Indians by the treaty of + Dancing Rabbit Creek and from the Creek tribe of Indians in + Alabama; and also the causes, if any existed, of a shorter + notice being given for the sale of these lands than is usual + in the sale of the other public lands." + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 17, 1834</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, for their consideration and advice + with regard to its ratification, a convention for the + settlement of claims between the United States of America and + Her Catholic Majesty, concluded at Madrid on the 17th of + February, 1834. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 1, 1834</i>. + </p> + <p> + <i>The Speaker of the House of Representatives</i>: + </p> + <p> + I submit for the sanction of Congress certain proposals for + amending the present laws in relation to the naval service, + prepared and reported by the board constituted under the act + of May 19, 1832. + </p> + <p> + The papers on this subject are Nos. 1 to 5, inclusive. + </p> + <p> + These proposals are approved by me, and if adopted in the + form of laws appear well suited "to the present and future + exigencies of that important arm of national defense." + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 12, 1834</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress copies of a treaty of navigation + and commerce between the United States and His Majesty the + Emperor of all the Russias, concluded at St. Petersburg on + the 6th (18th) of December, 1832, and the ratifications of + which were exchanged in this city on the 11th of May, 1833. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 13, 1834</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress copies of a convention between the + United States and His Majesty the King of the Kingdom of the + Two Sicilies, to terminate the reclamations of the former for + the depredations inflicted upon American commerce by Murat + during the years 1809, 1810, 1811, and 1812, concluded at + Naples on the 14th of October, 1832, and the ratifications of + which were exchanged at the same place on the 8th of June, + 1833. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 15, 1834</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I transmit herewith to Congress copies of a treaty of peace, + amity, commerce, and navigation between the United States and + the Republic of Chilé, concluded at Santiago de + Chilé on the 1st of September, 1833, and the + ratifications of which were exchanged in this city on the + 29th of April last. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 19, 1834</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit a letter from the Marquis de Rochambeau to the + minister of the United States in France, together with a + translation of the same, referring to the petition of certain + descendants of the Count de Rochambeau, which was + communicated to the House of Representatives with my message + of the 22d of February, 1833. Extracts from the dispatches of + Mr. Livingston to the Secretary of State respecting the same + subject are also sent. + </p> + <p> + I likewise transmit, for the consideration of the House, a + petition from the heirs of the Baron de Kalb, accompanied by + a note from General Lafayette, praying remuneration for the + services rendered by the Baron to the United States during + the War of the Revolution. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MAY 21, 1834. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I nominate Arthur St. Clair to be register of the land office + for the district of lands subject to sale at Indianapolis, in + the State of Indiana, in the place of William B. Slaughter, + appointed during the recess of the Senate. + </p> + <p> + As Arthur St. Clair was heretofore appointed to this office + and was removed during the recess, it is proper to state the + reasons which induce me again to nominate him to the Senate. + </p> + <p> + During the last summer an agent was appointed by the Treasury + Department to examine the land offices in Indiana, and upon + his report to the Department of the proceedings in the + register's and receiver's offices at Indianapolis I deemed it + proper to remove both of those officers without delay. A + subsequent examination by a different agent enabled the + parties to offer explanations of the charges against them in + the first report, and although I am satisfied that the duty + of the first agent was honestly and faithfully performed by + him, yet the circumstances on which his report is founded + have since been so explained as to acquit both of the + officers who were removed of any intentional misconduct. In + the case of Mr. St. Clair, however, it appears from both of + the reports that he had permitted the clerk in his office to + be the agent of speculations in land scrip contrary to the + instructions received by him from the Treasury Department, + but I am convinced that he himself did not participate in the + speculation nor share in the profits, and that he gave the + permission under a mistaken construction of the order and + erroneous views of his duty as an officer. His mistake in + this respect seems to have arisen in a great measure from his + reliance on the judgment of others in whom he might well have + supposed he could confide, and who appear to have sanctioned + the course he adopted without sufficiently examining the + subject and the evils to which such a practice would + necessarily lead. Under these circumstances I have believed + it to be an act of justice to Mr. St. Clair to present his + name again to the Senate, as he can be reinstated in the + office from which he was removed without injury to the person + who in the recess was selected to succeed him. And I should + have adopted the same course in relation to the receiver but + for the peculiar circumstances in which his successor has + been placed, and which would render it an act of injustice to + him not to submit his name to the Senate for confirmation. + </p> + <p> + The reports and papers in relation to these removals are + herewith transmitted to the Senate, in order that they may + act in the case with the whole evidence before them. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 21, 1834</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I lay before the House of Representatives a copy of a + "convention for the settlement of claims between the United + States of America and Her Catholic Majesty," concluded on the + 17th of February last. + </p> + <p> + This convention has been ratified by me, agreeably to the + Constitution, and will be immediately transmitted to Madrid, + where it will doubtless be ratified by Her Majesty. + </p> + <p> + It is deemed proper to communicate the convention thus early, + that provision may be made for carrying the first article + into effect as soon as the ratifications shall have been + exchanged, in order that our citizens may with as little + delay as possible obtain the stipulated compensation. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 28, 1834</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith to the Senate, for their advice and + consent as to the ratification of the same, a treaty and a + supplement thereto, concluded between John H. Eaton, a + commissioner on the part of the United States, and a + delegation from the Chickasaw tribe of Indians, together with + the journal of proceedings. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 30, 1834</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + It having been represented to me by persons whose statements + and opinions were thought worthy of confidence that the trade + of the United States might be extended and rendered more + lucrative by commercial arrangements with the countries + bordering on the Indian Ocean, and being informed that the + success of any efforts which might be made to accomplish that + object would materially depend upon the secrecy with which + they should be conducted, I appointed Mr. Edmund Roberts a + special agent of this Government for the purpose of visiting + those seas and concluding such commercial conventions as + might have the effect of securing additional advantages to + our trade in that quarter. This agency has resulted in the + conclusion of treaties with the King of Siam and the Sultan + of Muscat, whereby the commerce of the United States with the + countries subject to the dominion of those princes, which had + been previously embarrassed by serious disadvantages and + obstructions, is placed upon a footing with that of the most + favored nation. These treaties, the former of which was + signed at the city of Siayuthia (commonly called Bankok) on + the 20th day of March, 1833, and the latter at the city of + Muscat on the 21st day of September of the same year, are + submitted to the Senate for their consideration and advice. + </p> + <p> + I transmit a copy of the instructions which were given to the + special agent and a communication made by him to the + Secretary of State, containing particular and important + information respecting the countries with which these + treaties have been concluded. The expenses of the agency have + been defrayed out of the contingent fund for foreign + intercourse. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 13, 1834</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I have this day received a resolution of the 12th instant, + requesting me to communicate to the Senate a copy of the + first official communication which was made to Andrew + Stevenson of the intention of the President to nominate him + as a minister plenipotentiary and envoy extraordinary to the + United Kingdom of Great Britain and Ireland, and his answer + thereto. + </p> + <p> + As a compliance with this resolution might be deemed an + admission of the right of the Senate to call upon the + President for confidential correspondence of this + description, I consider it proper on this occasion to remark + that I do not acknowledge such a right. But to avoid + misrepresentation I herewith transmit a copy of the paper in + question, which was the only communication made to Mr. + Stevenson on the subject. + </p> + <p> + This communication merely intimated the intention of the + President in a particular contingency to offer to Mr. + Stevenson the place of minister to the Court of St. James, + and as the negotiations to which it refers were commenced + early in April, 1833, in this city instead of London, and + have been since conducted here, no further communication was + made to him. I have no knowledge that an answer was received + from Mr. Stevenson; none is to be found in the Department of + State and none has been received by me. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 18, 1834</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress an extract of a dispatch from Mr. + Livingston, the minister of the United States at Paris, dated + the 7th ultimo, and the copy of a communication made to him + by Captain Ballard, commander of the frigate <i>United + States</i>, by which it appears that in firing a national + salute from that ship at Toulon, in honor of the birthday of + the King of the French, two men were killed and four others + wounded on board the French ship of war <i>Suffren</i>. + Suitable explanations were immediately made to the French + admiral; and the officers and crew of the American frigate, + with that generosity which distinguishes their profession, + promptly contributed, by a liberal subscription, toward + providing for the families of the unfortunate sufferers. I am + sure, however, that I should not do justice to the feelings + of the American people on this occasion if I did not invite + Congress to assume, on their part, this melancholy duty. I + propose, therefore, that the same provision be made by law + for these French seamen and their families as would be made + for American seamen killed or wounded in battle. This + proceeding will show the deep sensibility with which the + disastrous accident is viewed by the United States, and their + readiness to alleviate those consequences which can not be + remedied. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 20, 1834</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives, for their + consideration, a memorial from the granddaughters of the + Count de Rochambeau, together with their letter to the + minister of the United States in France, from whom these + papers have been recently received. + </p> + <p> + Translations of these documents accompany them. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 21, 1834</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The afflicting intelligence of the death of the illustrious + Lafayette has been received by me this morning. + </p> + <p> + I have issued the general order inclosed<a href= + "#note-7">7</a> to cause appropriate honors to be paid by the + Army and Navy to the memory of one so highly venerated and + beloved by my countrymen, and whom Providence has been + pleased to remove so unexpectedly from the agitating scenes + of life. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JUNE 23, 1834. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit for the consideration and action of the Senate a + treaty concluded with the Cherokees for the cession of their + lands east of the Mississippi River. + </p> + <p> + It is known to the Senate that for some years great + difficulties have been experienced in the relations of that + tribe. Without further allusion to these than as they furnish + strong inducements to a final settlement of all the questions + involved in our intercourse with these Indians, it is obvious + from the existing state of things that they can not continue + in their present position with any hope of ultimate + prosperity. I have been, therefore, desirous that a just and + satisfactory arrangement should be made for their removal, + and propositions to that effect upon a liberal scale have + been repeatedly made to them. These have until now been + rejected, and their rejection, I have been induced to + believe, has been owing more to the ascendency acquired by + individuals who are unwilling to go than to the deliberative + opinion of a majority of the Cherokee people. Some years + since a form of government was established among them, but + since the extension of the laws of Georgia and Alabama over + them this government can have no binding effect upon a great + majority of them. Its obligation is also denied by many of + them in consequence of the continuance of certain persons in + power contrary to the principles of their fundamental + articles of association. A delegation from the persons + claiming to hold their authority under the former existing + state of things is in this city, and have communicated with + the War Department on the subject of their situation and + removal. They deny the right of the persons who have + negotiated this treaty to perform such an act, and have + remonstrated against it. Copies of their communications are + herewith transmitted. + </p> + <p> + The delegation who have signed the present treaty have + produced an authority from William Hicks, designating himself + as principal chief, and others, signing the same in an + official capacity. It is understood from the report of Major + Currie, the enrolling agent, that public notice was given to + all persons desirous of emigrating to attend upon a + particular day and place in order to appoint representatives + to communicate with the Government and to arrange the terms + of cession and removal. In conformity with this notice a + meeting was held and the authority herein referred to was the + result. + </p> + <p> + In consequence of this application John H. Eaton was + appointed to meet and confer with them and to report their + views to the War Department. These are embodied in the treaty + which is presented to your consideration. + </p> + <p> + Under these circumstances I submit the matter to the decision + of the Senate. The practice of the Government has not been + very strict on the subject of the authority of the persons + negotiating treaties on the part of the Indians. Sometimes it + has been done by persons representing the tribe and sometimes + by the individuals composing it. I am not aware that a case + similar in its features to the present has ever before + required the action of the Government. But, independently of + the considerations which so forcibly urge a settlement of + this matter, no injustice can be done to the Indians by the + ratification of this treaty. It is expressly provided that it + will not be binding upon them till a majority has assented to + its stipulations. When that assent is given no one can justly + deny its obligation. + </p> + <p> + The Cherokees east of the Mississippi occupy a portion of the + territories of four States, to wit, Georgia, North Carolina, + Tennessee, and Alabama. The treaty provides that the + communities inhabiting those divisions shall each be + considered as acting for themselves independently of the + others. We have frequently in our intercourse with the + Indians treated with different portions of the same tribe as + separate communities. Nor is there any injustice in this as + long as they are separated into divisions without any very + strong bond of union, and frequently with different interests + and views. By requiring the assent of a majority to any act + which will bind them we insure the preservation of a + principle which will afford adequate security to their + rights. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + VETO MESSAGE.<a href="#note-8">8</a> + </h2> + <p class="r"> + DECEMBER 4, 1833. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + At the close of the last session of Congress I received from + that body a bill entitled "An act to appropriate for a + limited time the proceeds of the sales of the public lands of + the United States and for granting lands to certain States." + The brief period then remaining before the rising of Congress + and the extreme pressure of official duties unavoidable on + such occasions did not leave me sufficient time for that full + consideration of the subject which was due to its great + importance. Subsequent consideration and reflection have, + however, confirmed the objections to the bill which presented + themselves to my mind upon its first perusal, and have + satisfied me that it ought not to become a law. I felt + myself, therefore, constrained to withhold from it my + approval, and now return it to the Senate, in which it + originated, with the reasons on which my dissent is founded. + </p> + <p> + I am fully sensible of the importance, as it respects both + the harmony and union of the States, of making, as soon as + circumstances will allow of it, a proper and final + disposition of the whole subject of the public lands, and any + measure for that object providing for the reimbursement to + the United States of those expenses with which they are + justly chargeable that may be consistent with my views of the + Constitution, sound policy, and the rights of the respective + States will readily receive my cooperation. This bill, + however, is not of that character. The arrangement it + contemplates is not permanent, but limited to five years + only, and in its terms appears to anticipate alterations + within that time, at the discretion of Congress; and it + furnishes no adequate security against those continued + agitations of the subject which it should be the principal + object of any measure for the disposition of the public lands + to avert. + </p> + <p> + Neither the merits of the bill under consideration nor the + validity of the objections which I have felt it to be my duty + to make to its passage can be correctly appreciated without a + full understanding of the manner in which the public lands + upon which it is intended to operate were acquired and the + conditions upon which they are now held by the United States. + I will therefore precede the statement of those objections by + a brief but distinct exposition of these points. + </p> + <p> + The waste lands within the United States constituted one of + the early obstacles to the organization of any government for + the protection of their common interests. In October, 1777, + while Congress were framing the Articles of Confederation, a + proposition was made to amend them to the following effect, + viz: + </p> + <p class="q"> + That the United States in Congress assembled shall have the + sole and exclusive right and power to ascertain and fix the + western boundary of such States as claim to the Mississippi + or South Sea, and lay out the land beyond the boundary so + ascertained into separate and independent States from time to + time as the numbers and circumstances of the people thereof + may require. + </p> + <p> + It was, however, rejected, Maryland only voting for it, and + so difficult did the subject appear that the patriots of that + body agreed to waive it in the Articles of Confederation and + leave it for future settlement. + </p> + <p> + On the submission of the Articles to the several State + legislatures for ratification the most formidable objection + was found to be in this subject of the waste lands. Maryland, + Rhode Island, and New Jersey instructed their delegates in + Congress to move amendments to them providing that the waste + or Crown lands should be considered the common property of + the United States, but they were rejected. All the States + except Maryland acceded to the Articles, notwithstanding some + of them did so with the reservation that their claim to those + lands as common property was not thereby abandoned. + </p> + <p> + On the sole ground that no declaration to that effect was + contained in the Articles, Maryland withheld her assent, and + in May, 1779, embodied her objections in the form of + instructions to her delegates, which were entered upon the + Journals of Congress. The following extracts are from that + document, viz: + </p> + <p class="q"> + Is it possible that those States who are ambitiously grasping + at territories to which in our judgment they have not the + least shadow of exclusive right will use with greater + moderation the increase of wealth and power derived from + those territories when acquired than what they have displayed + in their endeavors to acquire them? ... We are convinced + policy and justice require that a country unsettled at the + commencement of this war, claimed by the British Crown and + ceded to it by the treaty of Paris, if wrested from the + common enemy by the blood and treasure of the thirteen + States, should be considered as a common property, subject to + be parceled out by Congress into free, convenient, and + independent governments, in such manner and at such times as + the wisdom of that assembly shall hereafter direct. ... + </p> + <p> + Virginia proceeded to open a land office for the sale of her + Western lands, which produced such excitement as to induce + Congress, in October, 1779, to interpose and earnestly + recommend to "the said State and all States similarly + circumstanced to forbear settling or issuing warrants for + such unappropriated lands, or granting the same, during the + continuance of the present war." + </p> + <p> + In March, 1780, the legislature of New York passed an act + tendering a cession to the United States of the claims of + that State to the Western territory, preceded by a preamble + to the following effect, viz: + </p> + <p class="q"> + Whereas nothing under Divine Providence can more effectually + contribute to the tranquillity and safety of the United + States of America than a federal alliance on such liberal + principles as will give satisfaction to its respective + members; and whereas the Articles of Confederation and + Perpetual Union recommended by the honorable Congress of the + United States of America have not proved acceptable to all + the States, it having been conceived that a portion of the + waste and uncultivated territory within the limits or claims + of certain States ought to be appropriated as a common fund + for the expenses of the war, and the people of the State of + New York being on all occasions disposed to manifest their + regard for their sister States and their earnest desire to + promote the general interest and security, and more + especially to accelerate the federal alliance, by removing as + far as it depends upon them the before-mentioned impediment + to its final accomplishment. ... + </p> + <p> + This act of New York, the instructions of Maryland, and a + remonstrance of Virginia were referred to a committee of + Congress, who reported a preamble and resolutions thereon, + which were adopted on the 6th September, 1780; so much of + which as is necessary to elucidate the subject is to the + following effect, viz: + </p> + <p class="q"> + That it appears advisable to press upon those States which + can remove the embarrassments respecting the Western country + a liberal surrender of a portion of their territorial claims, + since they can not be preserved entire without endangering + the stability of the General Confederacy; to remind them how + indispensably necessary it is to establish the Federal Union + on a fixed and permanent basis and on principles acceptable + to all its respective members; how essential to public credit + and confidence, to the support of our Army, to the vigor of + our counsels and success of our measures, to our tranquillity + at home, our reputation abroad, to our very existence as a + free, sovereign, and independent people; that they are fully + persuaded the wisdom of the several legislatures will lead + them to a full and impartial consideration of a subject so + interesting to the United States, and so necessary to the + happy establishment of the Federal Union; that they are + confirmed in these expectations by a review of the + before-mentioned act of the legislature of New York, + submitted to their consideration. ... <i>Resolved</i>, That + copies of the several papers referred to the committee be + transmitted, with a copy of the report, to the legislatures + of the several States, and that it be earnestly recommended + to those States who have claims to the Western country to + pass such laws and give their delegates in Congress such + powers as may effectually remove the only obstacle to a final + ratification of the Articles of Confederation, and that the + legislature of Maryland be earnestly requested to authorize + their delegates in Congress to subscribe the said Articles. + </p> + <p> + Following up this policy, Congress proceeded, on the 10th + October, 1780, to pass a resolution pledging the United + States to the several States as to the manner in which any + lands that might be ceded by them should be disposed of, the + material parts of which are as follows, viz: + </p> + <p class="q"> + <i>Resolved</i>, That the unappropriated lands which may be + ceded or relinquished to the United States by any particular + State pursuant to the recommendation of Congress of the 6th + day of September last shall be disposed of for the common + benefit of the United States and be settled and formed into + distinct republican States, which shall become members of the + Federal Union and have the same rights of sovereignty, + freedom, and independence as the other States; ... that the + said lands shall be granted or settled at such times and + under such regulations as shall hereafter be agreed on by the + United States in Congress assembled, or nine or more of them. + </p> + <p> + In February, 1781, the legislature of Maryland passed an act + authorizing their delegates in Congress to sign the Articles + of Confederation. The following are extracts from the + preamble and body of the act, viz: + </p> + <p class="q"> + Whereas it hath been said that the common enemy is encouraged + by this State not acceding to the Confederation to hope that + the union of the sister States may be dissolved, and + therefore prosecutes the war in expectation of an event so + disgraceful to America, and our friends and illustrious ally + are impressed with an idea that the common cause would be + promoted by our formally acceding to the Confederation. ... + </p> + <p> + The act of which this is the preamble authorizes the + delegates of that State to sign the Articles, and proceeds to + declare "that by acceding to the said Confederation this + State doth not relinquish, nor intend to relinquish, any + right or interest she hath with the other united or + confederated States to the back country," etc. + </p> + <p> + On the 1st of March, 1781, the delegates of Maryland signed + the Articles of Confederation, and the Federal Union under + that compact was complete. The conflicting claims to the + Western lands, however, were not disposed of, and continued + to give great trouble to Congress. Repeated and urgent calls + were made by Congress upon the States claiming them to make + liberal cessions to the United States, and it was not until + long after the present Constitution was formed that the + grants were completed. + </p> + <p> + The deed of cession from New York was executed on the 1st of + March, 1781, the day the Articles of Confederation were + ratified, and it was accepted by Congress on the 29th + October, 1782. One of the conditions of this cession thus + tendered and accepted was that the lands ceded to the United + States "<i>shall be and inure for the use and benefit of such + of the United States as shall become members of the federal + alliance of the said States, and for no other use or purpose + whatsoever</i>." + </p> + <p> + The Virginia deed of cession was executed and accepted on the + 1st day of March, 1784. One of the conditions of this cession + is as follows, viz: + </p> + <p class="q"> + That all the lands within the territory as ceded to the + United States, and not reserved for or appropriated to any of + the before-mentioned purposes or disposed of in bounties to + the officers and soldiers of the American Army, <i>shall be + considered as a common fund for the use and benefit of such + of the United States as have become or shall become members + of the confederation or federal alliance of the said States, + Virginia inclusive, according to their usual respective + proportions in the general charge and expenditure, and shall + be faithfully and bona fide disposed of for that purpose, and + for no other use or purpose whatsoever</i>. + </p> + <p> + Within the years 1785, 1786, and 1787 Massachusetts, + Connecticut, and South Carolina ceded their claims upon + similar conditions. The Federal Government went into + operation under the existing Constitution on the 4th of + March, 1789. The following is the only provision of that + Constitution which has a direct bearing on the subject of the + public lands, viz: + </p> + <p class="q"> + The Congress shall have power to dispose of and make all + needful rules and regulations respecting the territory or + other property belonging to the United States, and nothing in + this Constitution shall be so construed as to prejudice any + claims of the United States or of any particular State. + </p> + <p> + Thus the Constitution left all the compacts before made in + full force, and the rights of all parties remained the same + under the new Government as they were under the + Confederation. + </p> + <p> + The deed of cession of North Carolina was executed in + December, 1789, and accepted by an act of Congress approved + April 2, 1790. The third condition of this cession was in the + following words, viz: + </p> + <p class="q"> + That all the lands intended to be ceded by virtue of this act + to the United States of America, and not appropriated as + before mentioned, <i>shall be considered as a common fund for + the use and benefit of the United States of America, North + Carolina inclusive, according to their respective and usual + proportions of the general charge and expenditure, and shall + be faithfully disposed of for that purpose, and for no other + use or purpose whatever</i>. + </p> + <p> + The cession of Georgia was completed on the 16th June, 1802, + and in its leading condition is precisely like that of + Virginia and North Carolina. This grant completed the title + of the United States to all those lands generally called + <i>public lands</i> lying within the original limits of the + Confederacy. Those which have been acquired by the purchase + of Louisiana and Florida, having been paid for out of the + common treasure of the United States, are as much the + property of the General Government, to be disposed of for the + common benefit, as those ceded by the several States. + </p> + <p> + By the facts here collected from the early history of our + Republic it appears that the subject of the public lands + entered into the elements of its institutions. It was only + upon the condition that those lands should be considered as + common property, to be disposed of for the benefit of the + United States, that some of the States agreed to come into a + "perpetual union." The States claiming those lands acceded to + those views and transferred their claims to the United States + upon certain specific conditions, and on those conditions the + grants were accepted. These solemn compacts, invited by + Congress in a resolution declaring the purposes to which the + proceeds of these lands should be applied, originating before + the Constitution and forming the basis on which it was made, + bound the United States to a particular course of policy in + relation to them by ties as strong as can be invented to + secure the faith of nations. + </p> + <p> + As early as May, 1785, Congress, in execution of these + compacts, passed an ordinance providing for the sales of + lands in the Western territory and directing the proceeds to + be paid into the Treasury of the United States. With the same + object other ordinances were adopted prior to the + organization of the present Government. + </p> + <p> + In further execution of these compacts the Congress of the + United States under the present Constitution, as early as the + 4th of August, 1790, in "An act making provision for the debt + of the United States," enacted as follows, viz: + </p> + <p class="q"> + That the proceeds of sales which shall be made of lands in + the Western territory now belonging or that may hereafter + belong to the United States shall be and are hereby + appropriated toward sinking or discharging the debts for the + payment whereof the United States now are or by virtue of + this act may be holden, and shall be applied solely to that + use until the said debt shall be fully satisfied. + </p> + <p> + To secure to the Government of the United States forever the + power to execute these compacts in good faith the Congress of + the Confederation, as early as July 13, 1787, in an ordinance + for the government of the territory of the United States + northwest of the river Ohio, prescribed to the people + inhabiting the Western territory certain conditions which + were declared to be "articles of compact between the original + States and the people and States in the said territory," + which should "forever remain unalterable, unless by common + consent." In one of these articles it is declared that— + </p> + <p class="q"> + The legislatures of those districts, or new States, shall + never interfere with the primary disposal of the soil by the + United States in Congress assembled, nor with any regulations + Congress may find necessary for securing the title in such + soil to the <i>bona fide purchasers</i>. + </p> + <p> + This condition has been exacted from the people of all the + new territories, and to put its obligation beyond dispute + each new State carved out of the public domain has been + required explicitly to recognize it as one of the conditions + of admission into the Union. Some of them have declared + through their conventions in separate acts that their people + "forever disclaim all right and title to the waste and + unappropriated lands lying within this State, and that the + same shall be and remain at the sole and entire disposition + of the United States." + </p> + <p> + With such care have the United States reserved to themselves, + in all their acts down to this day, in legislating for the + Territories and admitting States into the Union, the + unshackled power to execute in good faith the compacts of + cession made with the original States. From these facts and + proceedings it plainly and certainly results— + </p> + <p> + 1. That one of the fundamental principles on which the + Confederation of the United States was originally based was + that the waste lands of the West within their limits should + be the common property of the United States. + </p> + <p> + 2. That those lands were ceded to the United States by the + States which claimed them, and the cessions were accepted on + the express condition that they should be disposed of for the + common benefit of the States, according to their respective + proportions in the general charge and expenditure, and for no + other purpose whatsoever. + </p> + <p> + 3. That in execution of these solemn compacts the Congress of + the United States did, under the Confederation, proceed to + sell these lands and put the avails into the common Treasury, + and under the new Constitution did repeatedly pledge them for + the payment of the public debt of the United States, by which + pledge each State was expected to profit in proportion to the + general charge to be made upon it for that object. + </p> + <p> + These are the first principles of this whole subject, which I + think can not be contested by anyone who examines the + proceedings of the Revolutionary Congress, the cessions of + the several States, and the acts of Congress under the new + Constitution. Keeping them deeply impressed upon the mind, + let us proceed to examine how far the objects of the cessions + have been completed, and see whether those compacts are not + still obligatory upon the United States. + </p> + <p> + The debt for which these lands were pledged by Congress may + be considered as paid, and they are consequently released + from that lien. But that pledge formed no part of the + compacts with the States, or of the conditions upon which the + cessions were made. It was a contract between new + parties—between the United States and their creditors. + Upon payment of the debt the compacts remain in full force, + and the obligation of the United States to dispose of the + lands for the common benefit is neither destroyed nor + impaired. As they can not now be executed in that mode, the + only legitimate question which can arise is, In what other + way are these lands to be hereafter disposed of for the + common benefit of the several States, "<i>according to their + respective and usual proportion in the general charge and + expenditure?</i>" The cessions of Virginia, North Carolina, + and Georgia in express terms, and all the rest impliedly, not + only provide thus specifically the proportion according to + which each State shall profit by the proceeds of the land + sales, but they proceed to declare that they shall be + "<i>faithfully and bona fide disposed of for that purpose, + and for no other use or purpose whatsoever</i>." This is the + fundamental law of the land at this moment, growing out of + compacts which are older than the Constitution, and formed + the corner stone on which the Union itself was erected. + </p> + <p> + In the practice of the Government the proceeds of the public + lands have not been set apart <i>as a separate fund</i> for + the payment of the public debt, but have been and are now + paid into the Treasury, where they constitute a part of the + aggregate of revenue upon which the Government draws as well + for its current expenditures as for payment of the public + debt. In this manner they have heretofore and do now lessen + the general charge upon the people of the several States in + the exact proportions stipulated in the compacts. + </p> + <p> + These general charges have been composed not only of the + public debt and the usual expenditures attending the civil + and military administrations of the Government, but of the + amounts paid to the States with which these compacts were + formed, the amounts paid the Indians for their right of + possession, the amounts paid for the purchase of Louisiana + and Florida, and the amounts paid surveyors, registers, + receivers, clerks, etc., employed in preparing for market and + selling the Western domain. + </p> + <p> + From the origin of the land system down to the 30th + September, 1832, the amount expended for all these purposes + has been about $49,701,280, and the amount received from the + sales, deducting payments on account of roads, etc., about + $38,386,624. The revenue arising from the public lands, + therefore, has not been sufficient to meet the general + charges on the Treasury which have grown out of them by about + $11,314,656. Yet in having been applied to lessen those + charges the conditions of the compacts have been thus far + fulfilled, and each State has profited according to its usual + proportion in the general charge and expenditure. The annual + proceeds of land sales have increased and the charges have + diminished, so that at a reduced price those lands would now + defray all current charges growing out of them and save the + Treasury from further advances on their account. Their + original intent and object, therefore, would be accomplished + as fully as it has hitherto been by reducing the price and + hereafter, as heretofore, bringing the proceeds into the + Treasury. Indeed, as this is the only mode in which the + objects of the original compact can be attained, it may be + considered for all practical purposes that it is one of their + requirements. + </p> + <p> + The bill before me begins with an entire subversion of every + one of the compacts by which the United States became + possessed of their Western domain, and treats the subject as + if they never had existence and as if the United States were + the original and unconditional owners of all the public + lands. The first section directs— + </p> + <p class="q"> + That from and after the 31st day of December, 1832, there + shall be allowed and paid to each of the States of Ohio, + Indiana, Illinois, Alabama, Missouri, Mississippi, and + Louisiana, over and above what each of the said States is + entitled to by the terms of the compacts entered into between + them respectively upon their admission into the Union and the + United States, the sum of 12-1/2 per cent upon the net amount + of the sales of the public lands which subsequent to the day + aforesaid shall be made within the several limits of the said + States, which said sum of 12-1/2 per cent shall be applied to + some object or objects of internal improvement or education + within the said States under the direction of their several + legislatures. + </p> + <p> + This 12-1/2 per cent is to be taken out of the net proceeds + of the land sales before any apportionment is made, and the + same seven States which are first to receive this proportion + are also to receive their due proportion of the residue + according to the ratio of general distribution. + </p> + <p> + Now, waiving all considerations of equity or policy in regard + to this provision, what more need be said to demonstrate its + objectionable character than that it is in direct and + undisguised violation of the pledge given by Congress to the + States before a single cession was made, that it abrogates + the condition upon which some of the States came into the + Union, and that it sets at naught the terms of cession spread + upon the face of every grant under which the title to that + portion of the public land is held by the Federal Government? + </p> + <p> + In the apportionment of the remaining seven-eighths of the + proceeds this bill, in a manner equally undisguised, violates + the conditions upon which the United States acquired title to + the ceded lands. Abandoning altogether the ratio of + distribution according to the general charge and expenditure + provided by the compacts, it adopts that of the Federal + representative population. Virginia and other States which + ceded their lands upon the express condition that they should + receive a benefit from their sales in proportion to their + part of the general charge are by the bill allowed only a + portion of seven-eighths of their proceeds, and that not in + the proportion of general charge and expenditure, but in the + ratio of their Federal representative population. + </p> + <p> + The Constitution of the United States did not delegate to + Congress the power to abrogate these compacts. On the + contrary, by declaring that nothing in it "<i>shall be so + construed as to prejudice any claims of the United States or + of any particular State</i>," it virtually provides that + these compacts and the rights they secure shall remain + untouched by the legislative power, which shall only make all + "<i>needful rules and regulations</i>" for carrying them into + effect. All beyond this would seem to be an assumption of + undelegated power. + </p> + <p> + These ancient compacts are invaluable monuments of an age of + virtue, patriotism, and disinterestedness. They exhibit the + price that great States which had won liberty were willing to + pay for that union without which they plainly saw it could + not be preserved. It was not for territory or state power + that our Revolutionary fathers took up arms; it was for + individual liberty and the right of self-government. The + expulsion from the continent of British armies and British + power was to them a barren conquest if through the collisions + of the redeemed States the individual rights for which they + fought should become the prey of petty military tyrannies + established at home. To avert such consequences and throw + around liberty the shield of union, States whose relative + strength at the time gave them a preponderating power + magnanimously sacrificed domains which would have made them + the rivals of empires, only stipulating that they should be + disposed of for the common benefit of themselves and the + other confederated States. This enlightened policy produced + union and has secured liberty. It has made our waste lands to + swarm with a busy people and added many powerful States to + our Confederation. As well for the fruits which these noble + works of our ancestors have produced as for the devotedness + in which they originated, we should hesitate before we + demolish them. + </p> + <p> + But there are other principles asserted in the bill which + would have impelled me to withhold my signature had I not + seen in it a violation of the compacts by which the United + States acquired title to a large portion of the public lands. + It reasserts the principle contained in the bill authorizing + a subscription to the stock of the Maysville, Washington, + Paris and Lexington Turnpike Road Company, from which I was + compelled to withhold my consent for reasons contained in my + message of the 27th May, 1830, to the House of + Representatives. + </p> + <p> + The leading principle then asserted was that Congress + possesses no constitutional power to appropriate any part of + the moneys of the United States for objects of a local + character within the States. That principle I can not be + mistaken in supposing has received the unequivocal sanction + of the American people, and all subsequent reflection has but + satisfied me more thoroughly that the interests of our people + and the purity of our Government, if not its existence, + depend on its observance. The public lands are the common + property of the United States, and the moneys arising from + their sales are a part of the public revenue. This bill + proposes to raise from and appropriate a portion of this + public revenue to certain States, providing expressly that it + shall "<i>be applied to objects of internal improvement or + education within those States</i>," and then proceeds to + appropriate the balance to all the States, with the + declaration that it shall be applied "<i>to such purposes as + the legislatures of the said respective States shall deem + proper</i>." The former appropriation is expressly for + internal improvements or education, without qualification as + to the kind of improvements, and therefore in express + violation of the principle maintained in my objections to the + turnpike-road bill above referred to. The latter + appropriation is more broad, and gives the money to be + applied to any local purpose whatsoever. It will not be + denied that under the provisions of the bill a portion of the + money might have been applied to making the very road to + which the bill of 1830 had reference, and must of course come + within the scope of the same principle. If the money of the + United States can not be applied to local purposes <i>through + its own agents</i>, as little can it be permitted to be thus + expended <i>through the agency of the State governments</i>. + </p> + <p> + It has been supposed that with all the reductions in our + revenue which could be speedily effected by Congress without + injury to the substantial interests of the country there + might be for some years to come a surplus of moneys in the + Treasury, and that there was in principle no objection to + returning them to the people by whom they were paid. As the + literal accomplishment of such an object is obviously + impracticable, it was thought admissible, as the nearest + approximation to it, to hand them over to the State + governments, the more immediate representatives of the + people, to be by them applied to the benefit of those to whom + they properly belonged. The principle and the object were to + return to the people an unavoidable surplus of revenue which + might have been paid by them under a system which could not + at once be abandoned, but even this resource, which at one + time seemed to be almost the only alternative to save the + General Government from grasping unlimited power over + internal improvements, was suggested with doubts of its + constitutionality. + </p> + <p> + But this bill assumes a new principle. Its object is not to + return to the people an unavoidable surplus of revenue paid + in by them, but to create a surplus for distribution among + the States. It seizes the entire proceeds of one source of + revenue and sets them apart as a surplus, making it necessary + to raise the moneys for supporting the Government and meeting + the general charges from other sources. It even throws the + entire land system upon the customs for its support, and + makes the public lands a perpetual charge upon the Treasury. + It does not return to the people moneys accidentally or + unavoidably paid by them to the Government, by which they are + not wanted, but compels the people to pay moneys into the + Treasury for the mere purpose of creating a surplus for + distribution to their State governments. If this principle be + once admitted, it is not difficult to perceive to what + consequences it may lead. Already this bill, by throwing the + land system on the revenues from imports for support, + virtually distributes among the States a part of those + revenues. The proportion may be increased from time to time, + without any departure from the principle now asserted, until + the State governments shall derive all the funds necessary + for their support from the Treasury of the United States, or, + if a sufficient supply should be obtained by some States and + not by others, the deficient States might complain; and to + put an end to all further difficulty Congress, without + assuming any new principle, need go but one step further and + put the salaries of all the State governors, judges, and + other officers, with a sufficient sum for other expenses, in + their general appropriation bill. + </p> + <p> + It appears to me that a more direct road to consolidation can + not be devised. Money is power, and in that Government which + pays all the public officers of the States will all political + power be substantially concentrated. The State governments, + if governments they might be called, would lose all their + independence and dignity; the economy which now distinguishes + them would be converted into a profusion, limited only by the + extent of the supply. Being the dependents of the General + Government, and looking to its Treasury as the source of all + their emoluments, the State officers, under whatever names + they might pass and by whatever forms their duties might be + prescribed, would in effect be the mere stipendiaries and + instruments of the central power. + </p> + <p> + I am quite sure that the intelligent people of our several + States will be satisfied on a little reflection that it is + neither wise nor safe to release the members of their local + legislatures from the responsibility of levying the taxes + necessary to support their State governments and vest it in + Congress, over most of whose members they have no control. + They will not think it expedient that Congress shall be the + taxgatherer and paymaster of all their State governments, + thus amalgamating all their officers into one mass of common + interest and common feeling. It is too obvious that such a + course would subvert our well-balanced system of government, + and ultimately deprive us of all the blessings now derived + from our happy Union. + </p> + <p> + However willing I might be that any unavoidable surplus in + the Treasury should be returned to the people through their + State governments, I can not assent to the principle that a + surplus may be created for the purpose of distribution. + Viewing this bill as in effect assuming the right not only to + create a surplus for that purpose, but to divide the contents + of the Treasury among the States without limitation, from + whatever source they may be derived, and asserting the power + to raise and appropriate money for the support of every State + government and institution, as well as for making every local + improvement, however trivial, I can not give it my assent. + </p> + <p> + It is difficult to perceive what advantages would accrue to + the old States or the new from the system of distribution + which this bill proposes if it were otherwise + unobjectionable. It requires no argument to prove that if + $3,000,000 a year, or any other sum, shall be taken out of + the Treasury by this bill for distribution it must be + replaced by the same sum collected from the people through + some other means. The old States will receive annually a sum + of money from the Treasury, but they will pay in a larger + sum, together with the expenses of collection and + distribution. It is only their proportion of + <i>seven-eighths</i> of the proceeds of land sales which they + are <i>to receive</i>, but they must <i>pay</i> their due + proportion of the <i>whole</i>. Disguise it as we may, the + bill proposes to them a dead loss in the ratio of + <i>eight</i> to <i>seven</i>, in addition to expenses and + other incidental losses. This assertion is not the less true + because it may not at first be palpable. Their receipts will + be in large sums, but their payments in small ones. The + <i>governments</i> of the States will receive <i>seven</i> + dollars, for which the <i>people</i> of the States will pay + <i>eight</i>. The large sums received will be palpable to the + senses; the small sums paid it requires thought to identify. + But a little consideration will satisfy the people that the + effect is the same as if <i>seven hundred dollars</i> were + given them from the public Treasury, for which they were at + the same time required to pay in taxes, direct or indirect, + <i>eight hundred</i>. + </p> + <p> + I deceive myself greatly if the new States would find their + interests promoted by such a system as this bill proposes. + Their true policy consists in the rapid settling and + improvement of the waste lands within their limits. As a + means of hastening those events, they have long been looking + to a reduction in the price of public lands upon the final + payment of the national debt. The effect of the proposed + system would be to prevent that reduction. It is true the + bill reserves to Congress the power to reduce the price, but + the effect of its details as now arranged would probably be + forever to prevent its exercise. + </p> + <p> + With the just men who inhabit the new States it is a + sufficient reason to reject this system that it is in + violation of the fundamental laws of the Republic and its + Constitution. But if it were a mere question of interest or + expediency they would still reject it. They would not sell + their bright prospect of increasing wealth and growing power + at such a price. They would not place a sum of money to be + paid into their treasuries in competition with the settlement + of their waste lands and the increase of their population. + They would not consider a small or a large annual sum to be + paid to their governments and immediately expended as an + equivalent for that enduring wealth which is composed of + flocks and herds and cultivated farms. No temptation will + allure them from that object of abiding interest, the + settlement of their waste lands, and the increase of a hardy + race of free citizens, their glory in peace and their defense + in war. + </p> + <p> + On the whole, I adhere to the opinion, expressed by me in my + annual message of 1832, that it is our true policy that the + public lands shall cease as soon as practicable to be a + source of revenue, except for the payment of those general + charges which grow out of the acquisition of the lands, their + survey and sale. Although these expenses have not been met by + the proceeds of sales heretofore, it is quite certain they + will be hereafter, even after a considerable reduction in the + price. By meeting in the Treasury so much of the general + charge as arises from that source they will hereafter, as + they have been heretofore, be disposed of for the common + benefit of the United States, according to the compacts of + cession. I do not doubt that it is the real interest of each + and all the States in the Union, and particularly of the new + States, that the price of these lands shall be reduced and + graduated, and that after they have been offered for a + certain number of years the refuse remaining unsold shall be + abandoned to the States and the machinery of our land system + entirely withdrawn. It can not be supposed the compacts + intended that the United States should retain forever a title + to lands within the States which are of no value, and no + doubt is entertained that the general interest would be best + promoted by surrendering such lands to the States. + </p> + <p> + This plan for disposing of the public lands impairs no + principle, violates no compact, and deranges no system. + Already has the price of those lands been reduced from $2 per + acre to $1.25, and upon the will of Congress it depends + whether there shall be a further reduction. While the burdens + of the East are diminishing by the reduction of the duties + upon imports, it seems but equal justice that the chief + burden of the West should be lightened in an equal degree at + least. It would be just to the old States and the new, + conciliate every interest, disarm the subject of all its + dangers, and add another guaranty to the perpetuity of our + happy Union. + </p> + <p> + Sensible, however, of the difficulties which surround this + important subject, I can only add to my regrets at finding + myself again compelled to disagree with the legislative power + the sincere declaration that any plan which shall promise a + final and satisfactory disposition of the question and be + compatible with the Constitution and public faith shall have + my hearty concurrence. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <center> + [NOTE.—For reasons for the pocket veto of "An act to + improve the navigation of the Wabash River," see Sixth Annual + Message, dated December 1, 1834, pp. 118-123.] + </center> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROTEST.<a href="#note-9">9</a> + </h2> + <p class="r"> + APRIL 15, 1834. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + It appears by the published Journal of the Senate that on the + 26th of December last a resolution was offered by a member of + the Senate, which after a protracted debate was on the 28th + day of March last modified by the mover and passed by the + votes of twenty-six Senators out of forty-six who were + present and voted, in the following words, viz: + </p> + <p class="q"> + <i>Resolved</i>, That the President, in the late Executive + proceedings in relation to the public revenue, has assumed + upon himself authority and power not conferred by the + Constitution and laws, but in derogation of both. + </p> + <p> + Having had the honor, through the voluntary suffrages of the + American people, to fill the office of President of the + United States during the period which may be presumed to have + been referred to in this resolution, it is sufficiently + evident that the censure it inflicts was intended for myself. + Without notice, unheard and untried, I thus find myself + charged on the records of the Senate, and in a form hitherto + unknown in our history, with the high crime of violating the + laws and Constitution of my country. + </p> + <p> + It can seldom be necessary for any department of the + Government, when assailed in conversation or debate or by the + strictures of the press or of popular assemblies, to step out + of its ordinary path for the purpose of vindicating its + conduct or of pointing out any irregularity or injustice in + the manner of the attack; but when the Chief Executive + Magistrate is, by one of the most important branches of the + Government in its official capacity, in a public manner, and + by its recorded sentence, but without precedent, competent + authority, or just cause, declared guilty of a breach of the + laws and Constitution, it is due to his station, to public + opinion, and to a proper self-respect that the officer thus + denounced should promptly expose the wrong which has been + done. + </p> + <p> + In the present case, moreover, there is even a stronger + necessity for such a vindication. By an express provision of + the Constitution, before the President of the United States + can enter on the execution of his office he is required to + take an oath or affirmation in the following words: + </p> + <p class="q"> + I do solemnly swear (or affirm) that I will faithfully + execute the office of President of the United States and will + to the best of my ability preserve, protect, and defend the + Constitution of the United States. + </p> + <p> + The duty of defending so far as in him lies the integrity of + the Constitution would indeed have resulted from the very + nature of his office, but by thus expressing it in the + official oath or affirmation, which in this respect differs + from that of any other functionary, the founders of our + Republic have attested their sense of its importance and have + given to it a peculiar solemnity and force. Bound to the + performance of this duty by the oath I have taken, by the + strongest obligations of gratitude to the American people, + and by the ties which unite my every earthly interest with + the welfare and glory of my country, and perfectly convinced + that the discussion and passage of the above-mentioned + resolution were not only unauthorized by the Constitution, + but in many respects repugnant to its provisions and + subversive of the rights secured by it to other coordinate + departments, I deem it an imperative duty to maintain the + supremacy of that sacred instrument and the immunities of the + department intrusted to my care by all means consistent with + my own lawful powers, with the rights of others, and with the + genius of our civil institutions. To this end I have caused + this my <i>solemn protest</i> against the aforesaid + proceedings to be placed on the files of the executive + department and to be transmitted to the Senate. + </p> + <p> + It is alike due to the subject, the Senate, and the people + that the views which I have taken of the proceedings referred + to, and which compel me to regard them in the light that has + been mentioned, should be exhibited at length, and with the + freedom and firmness which are required by an occasion so + unprecedented and peculiar. + </p> + <p> + Under the Constitution of the United States the powers and + functions of the various departments of the Federal + Government and their responsibilities for violation or + neglect of duty are clearly defined or result by necessary + inference. The legislative power is, subject to the qualified + negative of the President, vested in the Congress of the + United States, composed of the Senate and House of + Representatives; the executive power is vested exclusively in + the President, except that in the conclusion of treaties and + in certain appointments to office he is to act with the + advice and consent of the Senate; the judicial power is + vested exclusively in the Supreme and other courts of the + United States, except in cases of impeachment, for which + purpose the accusatory power is vested in the House of + Representatives and that of hearing and determining in the + Senate. But although for the special purposes which have been + mentioned there is an occasional intermixture of the powers + of the different departments, yet with these exceptions each + of the three great departments is independent of the others + in its sphere of action, and when it deviates from that + sphere is not responsible to the others further than it is + expressly made so in the Constitution. In every other respect + each of them is the coequal of the other two, and all are the + servants of the American people, without power or right to + control or censure each other in the service of their common + superior, save only in the manner and to the degree which + that superior has prescribed. + </p> + <p> + The responsibilities of the President are numerous and + weighty. He is liable to impeachment for high crimes and + misdemeanors, and on due conviction to removal from office + and perpetual disqualification; and notwithstanding such + conviction, he may also be indicted and punished according to + law. He is also liable to the private action of any party who + may have been injured by his illegal mandates or instructions + in the same manner and to the same extent as the humblest + functionary. In addition to the responsibilities which may + thus be enforced by impeachment, criminal prosecution, or + suit at law, he is also accountable at the bar of public + opinion for every act of his Administration. Subject only to + the restraints of truth and justice, the free people of the + United States have the undoubted right, as individuals or + collectively, orally or in writing, at such times and in such + language and form as they may think proper, to discuss his + official conduct and to express and promulgate their opinions + concerning it. Indirectly also his conduct may come under + review in either branch of the Legislature, or in the Senate + when acting in its executive capacity, and so far as the + executive or legislative proceedings of these bodies may + require it, it may be exercised by them. These are believed + to be the proper and only modes in which the President of the + United States is to be held accountable for his official + conduct. + </p> + <p> + Tested by these principles, the resolution of the Senate is + wholly unauthorized by the Constitution, and in derogation of + its entire spirit. It assumes that a single branch of the + legislative department may for the purposes of a public + censure, and without any view to legislation or impeachment, + take up, consider, and decide upon the official acts of the + Executive. But in no part of the Constitution is the + President subjected to any such responsibility, and in no + part of that instrument is any such power conferred on either + branch of the Legislature. + </p> + <p> + The justice of these conclusions will be illustrated and + confirmed by a brief analysis of the powers of the Senate and + a comparison of their recent proceedings with those powers. + </p> + <p> + The high functions assigned by the Constitution to the Senate + are in their nature either legislative, executive, or + judicial. It is only in the exercise of its judicial powers, + when sitting as a court for the trial of impeachments, that + the Senate is expressly authorized and necessarily required + to consider and decide upon the conduct of the President or + any other public officer. Indirectly, however, as has already + been suggested, it may frequently be called on to perform + that office. Cases may occur in the course of its legislative + or executive proceedings in which it may be indispensable to + the proper exercise of its powers that it should inquire into + and decide upon the conduct of the President or other public + officers, and in every such case its constitutional right to + do so is cheerfully conceded. But to authorize the Senate to + enter on such a task in its legislative or executive capacity + the inquiry must actually grow out of and tend to some + legislative or executive action, and the decision, when + expressed, must take the form of some appropriate legislative + or executive act. + </p> + <p> + The resolution in question was introduced, discussed, and + passed not as a joint but as a separate resolution. It + asserts no legislative power, proposes no legislative action, + and neither possesses the form nor any of the attributes of a + legislative measure. It does not appear to have been + entertained or passed with any view or expectation of its + issuing in a law or joint resolution, or in the repeal of any + law or joint resolution, or in any other legislative action. + </p> + <p> + Whilst wanting both the form and substance of a legislative + measure, it is equally manifest that the resolution was not + justified by any of the executive powers conferred on the + Senate. These powers relate exclusively to the consideration + of treaties and nominations to office, and they are exercised + in secret session and with closed doors. This resolution does + not apply to any treaty or nomination, and was passed in a + public session. + </p> + <p> + Nor does this proceeding in any way belong to that class of + incidental resolutions which relate to the officers of the + Senate, to their Chamber and other appurtenances, or to + subjects of order and other matters of the like nature, in + all which either House may lawfully proceed without any + cooperation with the other or with the President. + </p> + <p> + On the contrary, the whole phraseology and sense of the + resolution seem to be judicial. Its essence, true character, + and only practical effect are to be found in the conduct + which it charges upon the President and in the judgment which + it pronounces on that conduct. The resolution, therefore, + though discussed and adopted by the Senate in its legislative + capacity, is in its office and in all its characteristics + essentially judicial. + </p> + <p> + That the Senate possesses a high judicial power and that + instances may occur in which the President of the United + States will be amenable to it is undeniable; but under the + provisions of the Constitution it would seem to be equally + plain that neither the President nor any other officer can be + rightfully subjected to the operation of the judicial power + of the Senate except in the cases and under the forms + prescribed by the Constitution. + </p> + <p> + The Constitution declares that "the President, + Vice-President, and all civil officers of the United States + shall be removed from office on impeachment for and + conviction of treason, bribery, or other high crimes and + misdemeanors;" that the House of Representatives "shall have + the sole power of impeachment;" that the Senate "shall have + the sole power to try all impeachments;" that "when sitting + for that purpose they shall be on oath or affirmation;" that + "when the President of the United States is tried the Chief + Justice shall preside;" that "no person shall be convicted + without the concurrence of two-thirds of the members + present," and that "judgment shall not extend further than to + removal from office and disqualification to hold and enjoy + any office of honor, trust, or profit under the United + States." + </p> + <p> + The resolution above quoted charges, in substance, that in + certain proceedings relating to the public revenue the + President has usurped authority and power not conferred upon + him by the Constitution and laws, and that in doing so he + violated both. Any such act constitutes a high + crime—one of the highest, indeed, which the President + can commit—a crime which justly exposes him to + impeachment by the House of Representatives, and, upon due + conviction, to removal from office and to the complete and + immutable disfranchisement prescribed by the Constitution. + The resolution, then, was in substance an impeachment of the + President, and in its passage amounts to a declaration by a + majority of the Senate that he is guilty of an impeachable + offense. As such it is spread upon the journals of the + Senate, published to the nation and to the world, made part + of our enduring archives, and incorporated in the history of + the age. The punishment of removal from office and future + disqualification does not, it is true, follow this decision, + nor would it have followed the like decision if the regular + forms of proceeding had been pursued, because the requisite + number did not concur in the result. But the moral influence + of a solemn declaration by a majority of the Senate that the + accused is guilty of the offense charged upon him has been as + effectually secured as if the like declaration had been made + upon an impeachment expressed in the same terms. Indeed, a + greater practical effect has been gained, because the votes + given for the resolution, though not sufficient to authorize + a judgment of guilty on an impeachment, were numerous enough + to carry that resolution. + </p> + <p> + That the resolution does not expressly allege that the + assumption of power and authority which it condemns was + intentional and corrupt is no answer to the preceding view of + its character and effect. The act thus condemned necessarily + implies volition and design in the individual to whom it is + imputed, and, being unlawful in its character, the legal + conclusion is that it was prompted by improper motives and + committed with an unlawful intent. The charge is not of a + mistake in the exercise of supposed powers, but of the + assumption of powers not conferred by the Constitution and + laws, but in derogation of both, and nothing is suggested to + excuse or palliate the turpitude of the act. In the absence + of any such excuse or palliation there is only room for one + inference, and that is that the intent was unlawful and + corrupt. Besides, the resolution not only contains no + mitigating suggestions, but, on the contrary, it holds up the + act complained of as justly obnoxious to censure and + reprobation, and thus as distinctly stamps it with impurity + of motive as if the strongest epithets had been used. + </p> + <p> + The President of the United States, therefore, has been by a + majority of his constitutional triers accused and found + guilty of an impeachable offense, but in no part of this + proceeding have the directions of the Constitution been + observed. + </p> + <p> + The impeachment, instead of being preferred and prosecuted by + the House of Representatives, originated in the Senate, and + was prosecuted without the aid or concurrence of the other + House. The oath or affirmation prescribed by the Constitution + was not taken by the Senators, the Chief Justice did not + preside, no notice of the charge was given to the accused, + and no opportunity afforded him to respond to the accusation, + to meet his accusers face to face, to cross-examine the + witnesses, to procure counteracting testimony, or to be heard + in his defense. The safeguards and formalities which the + Constitution has connected with the power of impeachment were + doubtless supposed by the framers of that instrument to be + essential to the protection of the public servant, to the + attainment of justice, and to the order, impartiality, and + dignity of the procedure. These safeguards and formalities + were not only practically disregarded in the commencement and + conduct of these proceedings, but in their result I find + myself convicted by less than two-thirds of the members + present of an impeachable offense. + </p> + <p> + In vain may it be alleged in defense of this proceeding that + the form of the resolution is not that of an impeachment or + of a judgment thereupon, that the punishment prescribed in + the Constitution does not follow its adoption, or that in + this case no impeachment is to be expected from the House of + Representatives. It is because it did not assume the form of + an impeachment that it is the more palpably repugnant to the + Constitution, for it is through that form only that the + President is judicially responsible to the Senate; and though + neither removal from office nor future disqualification + ensues, yet it is not to be presumed that the framers of the + Constitution considered either or both of those results as + constituting the whole of the punishment they prescribed. The + judgment of <i>guilty</i> by the highest tribunal in the + Union, the stigma it would inflict on the offender, his + family, and fame, and the perpetual record on the Journal, + handing down to future generations the story of his disgrace, + were doubtless regarded by them as the bitterest portions, if + not the very essence, of that punishment. So far, therefore, + as some of its most material parts are concerned, the + passage, recording, and promulgation of the resolution are an + attempt to bring them on the President in a manner + unauthorized by the Constitution. To shield him and other + officers who are liable to impeachment from consequences so + momentous, except when really merited by official + delinquencies, the Constitution has most carefully guarded + the whole process of impeachment. A majority of the House of + Representatives must think the officer guilty before he can + be charged. Two-thirds of the Senate must pronounce him + guilty or he is deemed to be innocent. Forty-six Senators + appear by the Journal to have been present when the vote on + the resolution was taken. If after all the solemnities of an + impeachment thirty of those Senators had voted that the + President was guilty, yet would he have been acquitted; but + by the mode of proceeding adopted in the present case a + lasting record of conviction has been entered up by the votes + of twenty-six Senators without an impeachment or trial, + whilst the Constitution expressly declares that to the entry + of such a judgment an accusation by the House of + Representatives, a trial by the Senate, and a concurrence of + two-thirds in the vote of guilty shall be indispensable + prerequisites. + </p> + <p> + Whether or not an impeachment was to be expected from the + House of Representatives was a point on which the Senate had + no constitutional right to speculate, and in respect to + which, even had it possessed the spirit of prophecy, its + anticipations would have furnished no just ground for this + procedure. Admitting that there was reason to believe that a + violation of the Constitution and laws had been actually + committed by the President, still it was the duty of the + Senate, as his sole constitutional judges, to wait for an + impeachment until the other House should think proper to + prefer it. The members of the Senate could have no right to + infer that no impeachment was intended. On the contrary, + every legal and rational presumption on their part ought to + have been that if there was good reason to believe him guilty + of an impeachable offense the House of Representatives would + perform its constitutional duty by arraigning the offender + before the justice of his country. The contrary presumption + would involve an implication derogatory to the integrity and + honor of the representatives of the people. But suppose the + suspicion thus implied were actually entertained and for good + cause, how can it justify the assumption by the Senate of + powers not conferred by the Constitution? + </p> + <p> + It is only necessary to look at the condition in which the + Senate and the President have been placed by this proceeding + to perceive its utter incompatibility with the provisions and + the spirit of the Constitution and with the plainest dictates + of humanity and justice. + </p> + <p> + If the House of Representatives shall be of opinion that + there is just ground for the censure pronounced upon the + President, then will it be the solemn duty of that House to + prefer the proper accusation and to cause him to be brought + to trial by the constitutional tribunal. But in what + condition would he find that tribunal? A majority of its + members have already considered the case, and have not only + formed but expressed a deliberate judgment upon its merits. + It is the policy of our benign systems of jurisprudence to + secure in all criminal proceedings, and even in the most + trivial litigations, a fair, unprejudiced, and impartial + trial, and surely it can not be less important that such a + trial should be secured to the highest officer of the + Government. + </p> + <p> + The Constitution makes the House of Representatives the + exclusive judges, in the first instance, of the question + whether the President has committed an impeachable offense. A + majority of the Senate, whose interference with this + preliminary question has for the best of all reasons been + studiously excluded, anticipate the action of the House of + Representatives, assume not only the function which belongs + exclusively to that body, but convert themselves into + accusers, witnesses, counsel, and judges, and prejudge the + whole case, thus presenting the appalling spectacle in a free + State of judges going through a labored preparation for an + impartial hearing and decision by a previous <i>ex parte</i> + investigation and sentence against the supposed offender. + </p> + <p> + There is no more settled axiom in that Government whence we + derived the model of this part of our Constitution than that + "the lords can not impeach any to themselves, nor join in the + accusation, <i>because they are judges</i>." Independently of + the general reasons on which this rule is founded, its + propriety and importance are greatly increased by the nature + of the impeaching power. The power of arraigning the high + officers of government before a tribunal whose sentence may + expel them from their seats and brand them as infamous is + eminently a popular remedy—a remedy designed to be + employed for the protection of private right and public + liberty against the abuses of injustice and the encroachments + of arbitrary power. But the framers of the Constitution were + also undoubtedly aware that this formidable instrument had + been and might be abused, and that from its very nature an + impeachment for high crimes and misdemeanors, whatever might + be its result, would in most cases be accompanied by so much + of dishonor and reproach, solicitude and suffering, as to + make the power of preferring it one of the highest solemnity + and importance. It was due to both these considerations that + the impeaching power should be lodged in the hands of those + who from the mode of their election and the tenure of their + offices would most accurately express the popular will and at + the same time be most directly and speedily amenable to the + people. The theory of these wise and benignant intentions is + in the present case effectually defeated by the proceedings + of the Senate. The members of that body represent not the + people, but the States; and though they are undoubtedly + responsible to the States, yet from their extended term of + service the effect of that responsibility during the whole + period of that term must very much depend upon their own + impressions of its obligatory force. When a body thus + constituted expresses beforehand its opinion in a particular + case, and thus indirectly invites a prosecution, it not only + assumes a power intended for wise reasons to be confined to + others, but it shields the latter from that exclusive and + personal responsibility under which it was intended to be + exercised, and reverses the whole scheme of this part of the + Constitution. + </p> + <p> + Such would be some of the objections to this procedure, even + if it were admitted that there is just ground for imputing to + the President the offenses charged in the resolution. But if, + on the other hand, the House of Representatives shall be of + opinion that there is no reason for charging them upon him, + and shall therefore deem it improper to prefer an + impeachment, then will the violation of privilege as it + respects that House, of justice as it regards the President, + and of the Constitution as it relates to both be only the + more conspicuous and impressive. + </p> + <p> + The constitutional mode of procedure on an impeachment has + not only been wholly disregarded, but some of the first + principles of natural right and enlightened jurisprudence + have been violated in the very form of the resolution. It + carefully abstains from averring in <i>which</i> of "the late + proceedings in relation to the public revenue the President + has assumed upon himself authority and power not conferred by + the Constitution and laws," It carefully abstains from + specifying <i>what laws</i> or <i>what parts</i> of the + Constitution have been violated. Why was not the certainty of + the offense—"the nature and cause of the + accusation"—set out in the manner required in the + Constitution before even the humblest individual, for the + smallest crime, can be exposed to condemnation? Such a + specification was due to the accused that he might direct his + defense to the real points of attack, to the people that they + might clearly understand in what particulars their + institutions had been violated, and to the truth and + certainty of our public annals. As the record now stands, + whilst the resolution plainly charges upon the President at + least one act of usurpation in "the late Executive + proceedings in relation to the public revenue," and is so + framed that those Senators who believed that one such act, + and only one, had been committed could assent to it, its + language is yet broad enough to include several such acts, + and so it may have been regarded by some of those who voted + for it. But though the accusation is thus comprehensive in + the censures it implies, there is no such certainty of time, + place, or circumstance as to exhibit the particular + conclusion of fact or law which induced any one Senator to + vote for it; and it may well have happened that whilst one + Senator believed that some particular act embraced in the + resolution was an arbitrary and unconstitutional assumption + of power, others of the majority may have deemed that very + act both constitutional and expedient, or, if not expedient, + yet still within the pale of the Constitution; and thus a + majority of the Senators may have been enabled to concur in a + vague and undefined accusation that the President, in the + course of "the late Executive proceedings in relation to the + public revenue," had violated the Constitution and laws, + whilst if a separate vote had been taken in respect to each + particular act included within the general terms the accusers + of the President might on any such vote have been found in + the minority. + </p> + <p> + Still further to exemplify this feature of the proceeding, it + is important to be remarked that the resolution as originally + offered to the Senate specified with adequate precision + certain acts of the President which it denounced as a + violation of the Constitution and laws, and that it was not + until the very close of the debate, and when perhaps it was + apprehended that a majority might not sustain the specific + accusation contained in it, that the resolution was so + modified as to assume its present form. A more striking + illustration of the soundness and necessity of the rules + which forbid vague and indefinite generalities and require a + reasonable certainty in all judicial allegations, and a more + glaring instance of the violation of those rules, has seldom + been exhibited. + </p> + <p> + In this view of the resolution it must certainly be regarded + not as a vindication of any particular provision of the law + or the Constitution, but simply as an official rebuke or + condemnatory sentence, too general and indefinite to be + easily repelled, but yet sufficiently precise to bring into + discredit the conduct and motives of the Executive. But + whatever it may have been intended to accomplish, it is + obvious that the vague, general, and abstract form of the + resolution is in perfect keeping with those other departures + from first principles and settled improvements in + jurisprudence so properly the boast of free countries in + modern times. And it is not too much to say of the whole of + these proceedings that if they shall be approved and + sustained by an intelligent people, then will that great + contest with arbitrary power which had established in + statutes, in bills of rights, in sacred charters, and in + constitutions of government the right of every citizen to a + notice before trial, to a hearing before conviction, and to + an impartial tribunal for deciding on the charge have been + waged in vain. + </p> + <p> + If the resolution had been left in its original form it is + not to be presumed that it could ever have received the + assent of a majority of the Senate, for the acts therein + specified as violations of the Constitution and laws were + clearly within the limits of the Executive authority. They + are the "dismissing the late Secretary of the Treasury + because he would not, contrary to his sense of his own duty, + remove the money of the United States in deposit with the + Bank of the United States and its branches in conformity with + the President's opinion, and appointing his successor to + effect such removal, which has been done." But as no other + specification has been substituted, and as these were the + "Executive proceedings in relation to the public revenue" + principally referred to in the course of the discussion, they + will doubtless be generally regarded as the acts intended to + be denounced as "an assumption of authority and power not + conferred by the Constitution or laws, but in derogation of + both." It is therefore due to the occasion that a condensed + summary of the views of the Executive in respect to them + should be here exhibited. + </p> + <p> + By the Constitution "the executive power is vested in a + President of the United States." Among the duties imposed + upon him, and which he is sworn to perform, is that of + "taking care that the laws be faithfully executed." Being + thus made responsible for the entire action of the executive + department, it was but reasonable that the power of + appointing, overseeing, and controlling those who execute the + laws—a power in its nature executive—should + remain in his hands. It is therefore not only his right, but + the Constitution makes it his duty, to "nominate and, by and + with the advice and consent of the Senate, appoint" all + "officers of the United States whose appointments are not in + the Constitution otherwise provided for," with a proviso that + the appointment of inferior officers may be vested in the + President alone, in the courts of justice, or in the heads of + Departments. + </p> + <p> + The executive power vested in the Senate is neither that of + "nominating" nor "appointing." It is merely a check upon the + Executive power of appointment. If individuals are proposed + for appointment by the President by them deemed incompetent + or unworthy, they may withhold their consent and the + appointment can not be made. They check the action of the + Executive, but can not in relation to those very subjects act + themselves nor direct him. Selections are still made by the + President, and the negative given to the Senate, without + diminishing his responsibility, furnishes an additional + guaranty to the country that the subordinate executive as + well as the judicial offices shall be filled with worthy and + competent men. + </p> + <p> + The whole executive power being vested in the President, who + is responsible for its exercise, it is a necessary + consequence that he should have a right to employ agents of + his own choice to aid him in the performance of his duties, + and to discharge them when he is no longer willing to be + responsible for their acts. In strict accordance with this + principle, the power of removal, which, like that of + appointment, is an original executive power, is left + unchecked by the Constitution in relation to all executive + officers, for whose conduct the President is responsible, + while it is taken from him in relation to judicial officers, + for whose acts he is not responsible. In the Government from + which many of the fundamental principles of our system are + derived the head of the executive department originally had + power to appoint and remove at will all officers, executive + and judicial. It was to take the judges out of this general + power of removal, and thus make them independent of the + Executive, that the tenure of their offices was changed to + good behavior. Nor is it conceivable why they are placed in + our Constitution upon a tenure different from that of all + other officers appointed by the Executive unless it be for + the same purpose. + </p> + <p> + But if there were any just ground for doubt on the face of + the Constitution whether all executive officers are removable + at the will of the President, it is obviated by the + cotemporaneous construction of the instrument and the uniform + practice under it. + </p> + <p> + The power of removal was a topic of solemn debate in the + Congress of 1789 while organizing the administrative + departments of the Government, and it was finally decided + that the President derived from the Constitution the power of + removal so far as it regards that department for whose acts + he is responsible. Although the debate covered the whole + ground, embracing the Treasury as well as all the other + Executive Departments, it arose on a motion to strike out of + the bill to establish a Department of Foreign Affairs, since + called the Department of State, a clause declaring the + Secretary "to be removable from office by the President of + the United States." After that motion had been decided in the + negative it was perceived that these words did not convey the + sense of the House of Representatives in relation to the true + source of the power of removal. With the avowed object of + preventing any future inference that this power was exercised + by the President in virtue of a grant from Congress, when in + fact that body considered it as derived from the + Constitution, the words which had been the subject of debate + were struck out, and in lieu thereof a clause was inserted in + a provision concerning the chief clerk of the Department, + which declared that "whenever the said principal officer + shall be removed from office by the President of the United + States, or in any other case of vacancy," the chief clerk + should during such vacancy have charge of the papers of the + office. This change having been made for the express purpose + of declaring the sense of Congress that the President derived + the power of removal from the Constitution, the act as it + passed has always been considered as a full expression of the + sense of the legislature on this important part of the + American Constitution. + </p> + <p> + Here, then, we have the concurrent authority of President + Washington, of the Senate, and the House of Representatives, + numbers of whom had taken an active part in the convention + which framed the Constitution and in the State conventions + which adopted it, that the President derived an unqualified + power of removal from that instrument itself, which is + "beyond the reach of legislative authority." Upon this + principle the Government has now been steadily administered + for about forty-five years, during which there have been + numerous removals made by the President or by his direction, + embracing every grade of executive officers from the heads of + Departments to the messengers of bureaus. + </p> + <p> + The Treasury Department in the discussions of 1789 was + considered on the same footing as the other Executive + Departments, and in the act establishing it were incorporated + the precise words indicative of the sense of Congress that + the President derives his power to remove the Secretary from + the Constitution, which appear in the act establishing the + Department of Foreign Affairs. An Assistant Secretary of the + Treasury was created, and it was provided that he should take + charge of the books and papers of the Department "whenever + the Secretary shall be removed from office by the President + of the United States." The Secretary of the Treasury being + appointed by the President, and being considered as + constitutionally removable by him, it appears never to have + occurred to anyone in the Congress of 1789, or since until + very recently, that he was other than an executive officer, + the mere instrument of the Chief Magistrate in the execution + of the laws, subject, like all other heads of Departments, to + his supervision and control. No such idea as an officer of + the Congress can be found in the Constitution or appears to + have suggested itself to those who organized the Government. + There are officers of each House the appointment of which is + authorized by the Constitution, but all officers referred to + in that instrument as coming within the appointing power of + the President, whether established thereby or created by law, + are "officers of the United States." No joint power of + appointment is given to the two Houses of Congress, nor is + there any accountability to them as one body; but as soon as + any office is created by law, of whatever name or character, + the appointment of the person or persons to fill it devolves + by the Constitution upon the President, with the advice and + consent of the Senate, unless it be an inferior office, and + the appointment be vested by the law itself "in the President + alone, in the courts of law, or in the heads of Departments." + </p> + <p> + But at the time of the organization of the Treasury + Department an incident occurred which distinctly evinces the + unanimous concurrence of the First Congress in the principle + that the Treasury Department is wholly executive in its + character and responsibilities. A motion was made to strike + out the provision of the bill making it the duty of the + Secretary "to digest and report plans for the improvement and + management of the revenue and for the support of public + credit," on the ground that it would give the executive + department of the Government too much influence and power in + Congress. The motion was not opposed on the ground that the + Secretary was the officer of Congress and responsible to that + body, which would have been conclusive if admitted, but on + other ground, which conceded his executive character + throughout. The whole discussion evinces an unanimous + concurrence in the principle that the Secretary of the + Treasury is wholly an executive officer, and the struggle of + the minority was to restrict his power as such. From that + time down to the present the Secretary of the Treasury, the + Treasurer, Register, Comptrollers, Auditors, and clerks who + fill the offices of that Department have in the practice of + the Government been considered and treated as on the same + footing with corresponding grades of officers in all the + other Executive Departments. + </p> + <p> + The custody of the public property, under such regulations as + may be prescribed by legislative authority, has always been + considered an appropriate function of the executive + department in this and all other Governments. In accordance + with this principle, every species of property belonging to + the United States (excepting that which is in the use of the + several coordinate departments of the Government as means to + aid them in performing their appropriate functions) is in + charge of officers appointed by the President, whether it be + lands, or buildings, or merchandise, or provisions, or + clothing, or arms and munitions of war. The superintendents + and keepers of the whole are appointed by the President, + responsible to him, and removable at his will. + </p> + <p> + Public money is but a species of public property. It can not + be raised by taxation or customs, nor brought into the + Treasury in any other way except by law; but whenever or + howsoever obtained, its custody always has been and always + must be, unless the Constitution be changed, intrusted to the + executive department. No officer can be created by Congress + for the purpose of taking charge of it whose appointment + would not by the Constitution at once devolve on the + President and who would not be responsible to him for the + faithful performance of his duties. The legislative power may + undoubtedly bind him and the President by any laws they may + think proper to enact; they may prescribe in what place + particular portions of the public property shall be kept and + for what reason it shall be removed, as they may direct that + supplies for the Army or Navy shall be kept in particular + stores, and it will be the duty of the President to see that + the law is faithfully executed; yet will the custody remain + in the executive department of the Government. Were the + Congress to assume, with or without a legislative act, the + power of appointing officers, independently of the President, + to take the charge and custody of the public property + contained in the military and naval arsenals, magazines, and + storehouses, it is believed that such an act would be + regarded by all as a palpable usurpation of executive power, + subversive of the form as well as the fundamental principles + of our Government. But where is the difference in principle + whether the public property be in the form of arms, munitions + of war, and supplies or in gold and silver or bank notes? + None can be perceived; none is believed to exist. Congress + can not, therefore, take out of the hands of the executive + department the custody of the public property or money + without an assumption of executive power and a subversion of + the first principles of the Constitution. + </p> + <p> + The Congress of the United States have never passed an act + imperatively directing that the public moneys shall be kept + in any particular place or places. From the origin of the + Government to the year 1816 the statute book was wholly + silent on the subject. In 1789 a Treasurer was created, + subordinate to the Secretary of the Treasury, and through him + to the President. He was required to give bond safely to keep + and faithfully to disburse the public moneys, without any + direction as to the manner or places in which they should be + kept. By reference to the practice of the Government it is + found that from its first organization the Secretary of the + Treasury, acting under the supervision of the President, + designated the places in which the public moneys should be + kept, and especially directed all transfers from place to + place. This practice was continued, with the silent + acquiescence of Congress, from 1789 down to 1816, and + although many banks were selected and discharged, and + although a portion of the moneys were first placed in the + State banks, and then in the former Bank of the United + States, and upon the dissolution of that were again + transferred to the State banks, no legislation was thought + necessary by Congress, and all the operations were originated + and perfected by Executive authority. The Secretary of the + Treasury, responsible to the President, and with his + approbation, made contracts and arrangements in relation to + the whole subject-matter, which was thus entirely committed + to the direction of the President under his responsibilities + to the American people and to those who were authorized to + impeach and punish him for any breach of this important + trust. + </p> + <p> + The act of 1816 establishing the Bank of the United States + directed the deposits of public money to be made in that bank + and its branches in places in which the said bank and + branches thereof may be established, "unless the Secretary of + the Treasury should otherwise order and direct," in which + event he was required to give his reasons to Congress. This + was but a continuation of his preexisting power as the head + of an Executive Department to direct where the deposits + should be made, with the superadded obligation of giving his + reasons to Congress for making them elsewhere than in the + Bank of the United States and its branches. It is not to be + considered that this provision in any degree altered the + relation between the Secretary of the Treasury and the + President as the responsible head of the executive + department, or released the latter from his constitutional + obligation to "take care that the laws be faithfully + executed." On the contrary, it increased his responsibilities + by adding another to the long list of laws which it was his + duty to carry into effect. + </p> + <p> + It would be an extraordinary result if because the person + charged by law with a public duty is one of his Secretaries + it were less the duty of the President to see that law + faithfully executed than other laws enjoining duties upon + subordinate officers or private citizens. If there be any + difference, it would seem that the obligation is the stronger + in relation to the former, because the neglect is in his + presence and the remedy at hand. + </p> + <p> + It can not be doubted that it was the legal duty of the + Secretary of the Treasury to order and direct the deposits of + the public money to be made elsewhere than in the Bank of the + United States <i>whenever sufficient reasons existed for + making the change</i>. If in such a case he neglected or + refused to act, he would neglect or refuse to execute the + law. What would be the sworn duty of the President? Could he + say that the Constitution did not bind him to see the law + faithfully executed because it was one of his Secretaries and + not himself upon whom the service was specially imposed? + Might he not be asked whether there was any such limitation + to his obligations prescribed in the Constitution? Whether he + is not equally bound to take care that the laws be faithfully + executed, whether they impose duties on the highest officer + of State or the lowest subordinate in any of the Departments? + Might he not be told that it was for the sole purpose of + causing all executive officers, from the highest to the + lowest, faithfully to perform the services required of them + by law that the people of the United States have made him + their Chief Magistrate and the Constitution has clothed him + with the entire executive power of this Government? The + principles implied in these questions appear too plain to + need elucidation. + </p> + <p> + But here also we have a cotemporaneous construction of the + act which shows that it was not understood as in any way + changing the relations between the President and Secretary of + the Treasury, or as placing the latter out of Executive + control even in relation to the deposits of the public money. + Nor on that point are we left to any equivocal testimony. The + documents of the Treasury Department show that the Secretary + of the Treasury did apply to the President and obtained his + approbation and sanction to the original transfer of the + public deposits to the present Bank of the United States, and + did carry the measure into effect in obedience to his + decision. They also show that transfers of the public + deposits from the branches of the Bank of the United States + to State banks at Chillicothe, Cincinnati, and Louisville, in + 1819, were made with the approbation of the President and by + his authority. They show that upon all important questions + appertaining to his Department, whether they related to the + public deposits or other matters, it was the constant + practice of the Secretary of the Treasury to obtain for his + acts the approval and sanction of the President. These acts + and the principles on which they were founded were known to + all the departments of the Government, to Congress and the + country, and until very recently appear never to have been + called in question. + </p> + <p> + Thus was it settled by the Constitution, the laws, and the + whole practice of the Government that the entire executive + power is vested in the President of the United States; that + as incident to that power the right of appointing and + removing those officers who are to aid him in the execution + of the laws, with such restrictions only as the Constitution + prescribes, is vested in the President; that the Secretary of + the Treasury is one of those officers; that the custody of + the public property and money is an Executive function which, + in relation to the money, has always been exercised through + the Secretary of the Treasury and his subordinates; that in + the performance of these duties he is subject to the + supervision and control of the President, and in all + important measures having relation to them consults the Chief + Magistrate and obtains his approval and sanction; that the + law establishing the bank did not, as it could not, change + the relation between the President and the + Secretary—did not release the former from his + obligation to see the law faithfully executed nor the latter + from the President's supervision and control; that afterwards + and before the Secretary did in fact consult and obtain the + sanction of the President to transfers and removals of the + public deposits, and that all departments of the Government, + and the nation itself, approved or acquiesced in these acts + and principles as in strict conformity with our Constitution + and laws. + </p> + <p> + During the last year the approaching termination, according + to the provisions of its charter and the solemn decision of + the American people, of the Bank of the United States made it + expedient, and its exposed abuses and corruptions made it, in + my opinion, the duty of the Secretary of the Treasury, to + place the moneys of the United States in other depositories. + The Secretary did not concur in that opinion, and declined + giving the necessary order and direction. So glaring were the + abuses and corruptions of the bank, so evident its fixed + purpose to persevere in them, and so palpable its design by + its money and power to control the Government and change its + character, that I deemed it the imperative duty of the + Executive authority, by the exertion of every power confided + to it by the Constitution and laws, to check its career and + lessen its ability to do mischief, even in the painful + alternative of dismissing the head of one of the Departments. + At the time the removal was made other causes sufficient to + justify it existed, but if they had not the Secretary would + have been dismissed for this cause only. + </p> + <p> + His place I supplied by one whose opinions were well known to + me, and whose frank expression of them in another situation + and generous sacrifices of interest and feeling when + unexpectedly called to the station he now occupies ought + forever to have shielded his motives from Suspicion and his + character from reproach. In accordance with the views long + before expressed by him he proceeded, with my sanction, to + make arrangements for depositing the moneys of the United + States in other safe institutions. + </p> + <p> + The resolution of the Senate as originally framed and as + passed, if it refers to these acts, presupposes a right in + that body to interfere with this exercise of Executive power. + If the principle be once admitted, it is not difficult to + perceive where it may end. If by a mere denunciation like + this resolution the President should ever be induced to act + in a matter of official duty contrary to the honest + convictions of his own mind in compliance with the wishes of + the Senate, the constitutional independence of the executive + department would be as effectually destroyed and its power as + effectually transferred to the Senate as if that end had been + accomplished by an amendment of the Constitution. But if the + Senate have a right to interfere with the Executive powers, + they have also the right to make that interference effective, + and if the assertion of the power implied in the resolution + be silently acquiesced in we may reasonably apprehend that it + will be followed at some future day by an attempt at actual + enforcement. The Senate may refuse, except on the condition + that he will surrender his opinions to theirs and obey their + will, to perform their own constitutional functions, to pass + the necessary laws, to sanction appropriations proposed by + the House of Representatives, and to confirm proper + nominations made by the President. It has already been + maintained (and it is not conceivable that the resolution of + the Senate can be based on any other principle) that the + Secretary of the Treasury is the officer of Congress and + independent of the President; that the President has no right + to control him, and consequently none to remove him. With the + same propriety and on similar grounds may the Secretary of + State, the Secretaries of War and the Navy, and the + Postmaster-General each in succession be declared independent + of the President, the subordinates of Congress, and removable + only with the concurrence of the Senate. Followed to its + consequences, this principle will be found effectually to + destroy one coordinate department of the Government, to + concentrate in the hands of the Senate the whole executive + power, and to leave the President as powerless as he would be + useless—the shadow of authority after the substance had + departed. + </p> + <p> + The time and the occasion which have called forth the + resolution of the Senate seem to impose upon me an additional + obligation not to pass it over in silence. Nearly forty-five + years had the President exercised, without a question as to + his rightful authority, those powers for the recent + assumption of which he is now denounced. The vicissitudes of + peace and war had attended our Government; violent parties, + watchful to take advantage of any seeming usurpation on the + part of the Executive, had distracted our councils; frequent + removals, or forced resignations in every sense tantamount to + removals, had been made of the Secretary and other officers + of the Treasury, and yet in no one instance is it known that + any man, whether patriot or partisan, had raised his voice + against it as a violation of the Constitution. The expediency + and justice of such changes in reference to public officers + of all grades have frequently been the topic of discussion, + but the constitutional right of the President to appoint, + control, and remove the head of the Treasury as well as all + other Departments seems to have been universally conceded. + And what is the occasion upon which other principles have + been first officially asserted? The Bank of the United + States, a great moneyed monopoly, had attempted to obtain a + renewal of its charter by controlling the elections of the + people and the action of the Government. The use of its + corporate funds and power in that attempt was fully + disclosed, and it was made known to the President that the + corporation was putting in train the same course of measures, + with the view of making another vigorous effort, through an + interference in the elections of the people, to control + public opinion and force the Government to yield to its + demands. This, with its corruption of the press, its + violation of its charter, its exclusion of the Government + directors from its proceedings, its neglect of duty and + arrogant pretensions, made it, in the opinion of the + President, incompatible with the public interest and the + safety of our institutions that it should be longer employed + as the fiscal agent of the Treasury. A Secretary of the + Treasury appointed in the recess of the Senate, who had not + been confirmed by that body, and whom the President might or + might not at his pleasure nominate to them, refused to do + what his superior in the executive department considered the + most imperative of his duties, and became in fact, however + innocent his motives, the protector of the bank. And on this + occasion it is discovered for the first time that those who + framed the Constitution misunderstood it; that the First + Congress and all its successors have been under a delusion; + that the practice of near forty-five years is but a continued + usurpation; that the Secretary of the Treasury is not + responsible to the President, and that to remove him is a + violation of the Constitution and laws for which the + President deserves to stand forever dishonored on the + journals of the Senate. + </p> + <p> + There are also some other circumstances connected with the + discussion and passage of the resolution to which I feel it + to be not only my right, but my duty, to refer. It appears by + the Journal of the Senate that among the twenty-six Senators + who voted for the resolution on its final passage, and who + had supported it in debate in its original form, were one of + the Senators from the State of Maine, the two Senators from + New Jersey, and one of the Senators from Ohio. It also + appears by the same Journal and by the files of the Senate + that the legislatures of these States had severally expressed + their opinions in respect to the Executive proceedings drawn + in question before the Senate. + </p> + <p> + The two branches of the legislature of the State of Maine on + the 25th of January, 1834, passed a preamble and series of + resolutions in the following words: + </p> + <p class="q"> + Whereas at an early period after the election of Andrew + Jackson to the Presidency, in accordance with the sentiments + which he had uniformly expressed, the attention of Congress + was called to the constitutionality and expediency of the + renewal of the charter of the United States Bank; and Whereas + the bank has transcended its chartered limits in the + management of its business transactions, and has abandoned + the object of its creation by engaging in political + controversies, by wielding its power and influence to + embarrass the Administration of the General Government, and + by bringing insolvency and distress upon the commercial + community; and Whereas the public security from such an + institution consists less in its present pecuniary capacity + to discharge its liabilities than in the fidelity with which + the trusts reposed in it have been executed; and Whereas the + abuse and misapplication of the powers conferred have + destroyed the confidence of the public in the officers of the + bank and demonstrated that such powers endanger the stability + of republican institutions: Therefore, <i>Resolved</i>, That + in the removal of the public deposits from the Bank of the + United States, as well as in the manner of their removal, we + recognize in the Administration an adherence to + constitutional rights and the performance of a public duty. + <i>Resolved</i>, That this legislature entertain the same + opinion as heretofore expressed by preceding legislatures of + this State, that the Bank of the United States ought not to + be rechartered. <i>Resolved</i>, That the Senators of this + State in the Congress of the United States be instructed and + the Representatives be requested to oppose the restoration of + the deposits and the renewal of the charter of the United + States Bank. + </p> + <p> + On the 11th of January, 1834, the house of assembly and + council composing the legislature of the State of New Jersey + passed a preamble and a series of resolutions in the + following words: + </p> + <p class="q"> + Whereas the present crisis in our public affairs calls for a + decided expression of the voice of the people of this State; + and Whereas we consider it the undoubted right of the + legislatures of the several States to instruct those who + represent their interests in the councils of the nation in + all matters which intimately concern the public weal and may + affect the happiness or well-being of the people: Therefore, + 1. <i>Be it resolved by the council and general assembly of + this State</i>, That while we acknowledge with feelings of + devout gratitude our obligations to the Great Ruler of + Nations for His mercies to us as a people that we have been + preserved alike from foreign war, from the evils of internal + commotions, and the machinations of designing and ambitious + men who would prostrate the fair fabric of our Union, that we + ought nevertheless to humble ourselves in His presence and + implore His aid for the perpetuation of our republican + institutions and for a continuance of that unexampled + prosperity which our country has hitherto enjoyed. 2. + <i>Resolved</i>, That we have undiminished confidence in the + integrity and firmness of the venerable patriot who now holds + the distinguished post of Chief Magistrate of this nation, + and whose purity of purpose and elevated motives have so + often received the unqualified approbation of a large + majority of his fellow-citizens. 3. <i>Resolved</i>, That we + view with agitation and alarm the existence of a great + moneyed incorporation which threatens to embarrass the + operations of the Government and by means of its unbounded + influence upon the currency of the country to scatter + distress and ruin throughout the community, and that we + therefore solemnly believe the present Bank of the United + States ought not to be rechartered. 4. <i>Resolved</i>, That + our Senators in Congress be instructed and our members of the + House of Representatives be requested to sustain, by their + votes and influence, the course adopted by the Secretary of + the Treasury, Mr. Taney, in relation to the Bank of the + United States and the deposits of the Government moneys, + believing as we do the course of the Secretary to have been + constitutional, and that the public good required its + adoption. 5. <i>Resolved</i>, That the governor be requested + to forward a copy of the above resolutions to each of our + Senators and Representatives from this State to the Congress + of the United States. + </p> + <p> + On the 21st day of February last the legislature of the same + State reiterated the opinions and instructions before given + by joint resolutions in the following words: + </p> + <p class="q"> + <i>Resolved by the council and general assembly of the State + of New Jersey</i>, That they do adhere to the resolutions + passed by them on the 11th day of January last, relative to + the President of the United States, the Bank of the United + States, and the course of Mr. Taney in removing the + Government deposits. <i>Resolved</i>, That the legislature of + New Jersey have not seen any reason to depart from such + resolutions since the passage thereof, and it is their wish + that they should receive from our Senators and + Representatives of this State in the Congress of the United + States that attention and obedience which are due to the + opinion of a sovereign State openly expressed in its + legislative capacity. + </p> + <p> + On the 2d of January, 1834, the senate and house of + representatives composing the legislature of Ohio passed a + preamble and resolutions in the following words: + </p> + <p class="q"> + Whereas there is reason to believe that the Bank of the + United States will attempt to obtain a renewal of its charter + at the present session of Congress; and Whereas it is + abundantly evident that said bank has exercised powers + derogatory to the spirit of our free institutions and + dangerous to the liberties of these United States; and + Whereas there is just reason to doubt the constitutional + power of Congress to grant acts of incorporation for banking + purposes out of the District of Columbia; and Whereas we + believe the proper disposal of the public lands to be of the + utmost importance to the people of these United States, and + that honor and good faith require their equitable + distribution: Therefore, <i>Resolved by the general assembly + of the State of Ohio</i>, That we consider the removal of the + public deposits from the Bank of the United States as + required by the best interests of our country, and that a + proper sense of public duty imperiously demanded that that + institution should be no longer used as a depository of the + public funds. <i>Resolved also</i>, That we view with decided + disapprobation the renewed attempts in Congress to secure the + passage of the bill providing for the disposal of the public + domain upon the principles proposed by Mr. Clay, inasmuch as + we believe that such a law would be unequal in its operations + and unjust in its results. <i>Resolved also</i>, That we + heartily approve of the principles set forth in the late veto + message upon that subject; and <i>Resolved</i>, That our + Senators in Congress be instructed and our Representatives + requested to use their influence to prevent the rechartering + of the Bank of the United States, to sustain the + Administration in its removal of the public deposits, and to + oppose the passage of a land bill containing the principles + adopted in the act upon that subject passed at the last + session of Congress. <i>Resolved</i>, That the governor be + requested to transmit copies of the foregoing preamble and + resolutions to each of our Senators and Representatives. + </p> + <p> + It is thus seen that four Senators have declared by their + votes that the President, in the late Executive proceedings + in relation to the revenue, had been guilty of the + impeachable offense of "assuming upon himself authority and + power not conferred by the Constitution and laws, but in + derogation of both," whilst the legislatures of their + respective States had deliberately approved those very + proceedings as consistent with the Constitution and demanded + by the public good. If these four votes had been given in + accordance with the sentiments of the legislatures, as above + expressed, there would have been but twenty-two votes out of + forty-six for censuring the President, and the unprecedented + record of his conviction could not have been placed upon the + Journal of the Senate. + </p> + <p> + In thus referring to the resolutions and instructions of the + State legislatures I disclaim and repudiate all authority or + design to interfere with the responsibility due from members + of the Senate to their own consciences, their constituents, + and their country. The facts now stated belong to the history + of these proceedings, and are important to the just + development of the principles and interests involved in them + as well as to the proper vindication of the executive + department, and with that view, and that view only, are they + here made the topic of remark. + </p> + <p> + The dangerous tendency of the doctrine which denies to the + President the power of supervising, directing, and + controlling the Secretary of the Treasury in like manner with + the other executive officers would soon be manifest in + practice were the doctrine to be established. The President + is the direct representative of the American people, but the + Secretaries are not. If the Secretary of the Treasury be + independent of the President in the execution of the laws, + then is there no direct responsibility to the people in that + important branch of this Government to which is committed the + care of the national finances. And it is in the power of the + Bank of the United States, or any other corporation, body of + men, or individuals, if a Secretary shall be found to accord + with them in opinion or can be induced in practice to promote + their views, to control through him the whole action of the + Government (so far as it is exercised by his Department) in + defiance of the Chief Magistrate elected by the people and + responsible to them. + </p> + <p> + But the evil tendency of the particular doctrine adverted to, + though sufficiently serious, would be as nothing in + comparison with the pernicious consequences which would + inevitably flow from the approbation and allowance by the + people and the practice by the Senate of the unconstitutional + power of arraigning and censuring the official conduct of the + Executive in the manner recently pursued. Such proceedings + are eminently calculated to unsettle the foundations of the + Government, to disturb the harmonious action of its different + departments, and to break down the checks and balances by + which the wisdom of its framers sought to insure its + stability and usefulness. + </p> + <p> + The honest differences of opinion which occasionally exist + between the Senate and the President in regard to matters in + which both are obliged to participate are sufficiently + embarrassing; but if the course recently adopted by the + Senate shall hereafter be frequently pursued, it is not only + obvious that the harmony of the relations between the + President and the Senate will be destroyed, but that other + and graver effects will ultimately ensue. If the censures of + the Senate be submitted to by the President, the confidence + of the people in his ability and virtue and the character and + usefulness of his Administration will soon be at an end, and + the real power of the Government will fall into the hands of + a body holding their offices for long terms, not elected by + the people and not to them directly responsible. If, on the + other hand, the illegal censures of the Senate should be + resisted by the President, collisions and angry controversies + might ensue, discreditable in their progress and in the end + compelling the people to adopt the conclusion either that + their Chief Magistrate was unworthy of their respect or that + the Senate was chargeable with calumny and injustice. Either + of these results would impair public confidence in the + perfection of the system and lead to serious alterations of + its framework or to the practical abandonment of some of its + provisions. + </p> + <p> + The influence of such proceedings on the other departments of + the Government, and more especially on the States, could not + fail to be extensively pernicious. When the judges in the + last resort of official misconduct themselves overleap the + bounds of their authority as prescribed by the Constitution, + what general disregard of its provisions might not their + example be expected to produce? And who does not perceive + that such contempt of the Federal Constitution by one of its + most important departments would hold out the strongest + temptations to resistance on the part of the State + sovereignties whenever they shall suppose their just rights + to have been invaded? Thus all the independent departments of + the Government, and the States which compose our confederated + Union, instead of attending to their appropriate duties and + leaving those who may offend to be reclaimed or punished in + the manner pointed out in the Constitution, would fall to + mutual crimination and recrimination and give to the people + confusion and anarchy instead of order and law, until at + length some form of aristocratic power would be established + on the ruins of the Constitution or the States be broken into + separate communities. + </p> + <p> + Far be it from me to charge or to insinuate that the present + Senate of the United States intend in the most distant way to + encourage such a result. It is not of their motives or + designs, but only of the tendency of their acts, that it is + my duty to speak. It is, if possible, to make Senators + themselves sensible of the danger which lurks under the + precedent set in their resolution, and at any rate to perform + my duty as the responsible head of one of the coequal + departments of the Government, that I have been compelled to + point out the consequences to which the discussion and + passage of the resolution may lead if the tendency of the + measure be not checked in its inception. It is due to the + high trust with which I have been charged, to those who may + be called to succeed me in it, to the representatives of the + people whose constitutional prerogative has been unlawfully + assumed, to the people and to the States, and to the + Constitution they have established that I should not permit + its provisions to be broken down by such an attack on the + executive department without at least some effort "to + preserve, protect, and defend" them. With this view, and for + the reasons which have been stated, I do hereby <i>solemnly + protest</i> against the aforementioned proceedings of the + Senate as unauthorized by the Constitution, contrary to its + spirit and to several of its express provisions, subversive + of that distribution of the powers of government which it has + ordained and established, destructive of the checks and + safeguards by which those powers were intended on the one + hand to be controlled and on the other to be protected, and + calculated by their immediate and collateral effects, by + their character and tendency, to concentrate in the hands of + a body not directly amenable to the people a degree of + influence and power dangerous to their liberties and fatal to + the Constitution of their choice. + </p> + <p> + The resolution of the Senate contains an imputation upon my + private as well as upon my public character, and as it must + stand forever on their journals, I can not close this + substitute for that defense which I have not been allowed to + present in the ordinary form without remarking that I have + lived in vain if it be necessary to enter into a formal + vindication of my character and purposes from such an + imputation. In vain do I bear upon my person enduring + memorials of that contest in which American liberty was + purchased; in vain have I since periled property, fame, and + life in defense of the rights and privileges so dearly + bought; in vain am I now, without a personal aspiration or + the hope of individual advantage, encountering + responsibilities and dangers from which by mere inactivity in + relation to a single point I might have been exempt, if any + serious doubts can be entertained as to the purity of my + purposes and motives. If I had been ambitious, I should have + sought an alliance with that powerful institution which even + now aspires to no divided empire. If I had been venal, I + should have sold myself to its designs. Had I preferred + personal comfort and official ease to the performance of my + arduous duty, I should have ceased to molest it. In the + history of conquerors and usurpers, never in the fire of + youth nor in the vigor of manhood could I find an attraction + to lure me from the path of duty, and now I shall scarcely + find an inducement to commence their career of ambition when + gray hairs and a decaying frame, instead of inviting to toil + and battle, call me to the contemplation of other worlds, + where conquerors cease to be honored and usurpers expiate + their crimes. The only ambition I can feel is to acquit + myself to Him to whom I must soon render an account of my + stewardship, to serve my fellow-men, and live respected and + honored in the history of my country. No; the ambition which + leads me on is an anxious desire and a fixed determination to + return to the people unimpaired the sacred trust they have + confided to my charge; to heal the wounds of the Constitution + and preserve it from further violation; to persuade my + countrymen, so far as I may, that it is not in a splendid + government supported by powerful monopolies and + aristocratical establishments that they will find happiness + or their liberties protection, but in a plain system, void of + pomp, protecting all and granting favors to none, dispensing + its blessings, like the dews of Heaven, unseen and unfelt + save in the freshness and beauty they contribute to produce. + It is such a government that the genius of our people + requires; such an one only under which our States may remain + for ages to come united, prosperous, and free. If the + Almighty Being who has hitherto sustained and protected me + will but vouchsafe to make my feeble powers instrumental to + such a result, I shall anticipate with pleasure the place to + be assigned me in the history of my country, and die + contented with the belief that I have contributed in some + small degree to increase the value and prolong the duration + of American liberty. + </p> + <p> + To the end that the resolution of the Senate may not be + hereafter drawn into precedent with the authority of silent + acquiescence on the part of the executive department, and to + the end also that my motives and views in the Executive + proceedings denounced in that resolution may be known to my + fellow-citizens, to the world, and to all posterity, I + respectfully request that this message and protest may be + entered at length on the journals of the Senate. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 21, 1834. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Having reason to believe that certain passages contained in + my message and protest transmitted to the Senate on the 17th + [15th] instant may be misunderstood, I think it proper to + state that it was not my intention to deny in the said + message the power and right of the legislative department to + provide by law for the custody, safe-keeping, and disposition + of the public money and property of the United States. + </p> + <p> + Although I am well satisfied that such a construction is not + warranted by anything contained in that message, yet aware + from experience that detached passages of an argumentative + document, when disconnected from their context and considered + without reference to previous limitations and the particular + positions they were intended to refute or to establish, may + be made to bear a construction varying altogether from the + sentiments really entertained and intended to be expressed, + and deeply solicitous that my views on this point should not, + either now or hereafter, be misapprehended, I have deemed it + due to the gravity of the subject, to the great interests it + involves, and to the Senate as well as to myself to embrace + the earliest opportunity to make this communication. + </p> + <p> + I admit without reserve, as I have before done, the + constitutional power of the Legislature to prescribe by law + the place or places in which the public money or other + property is to be deposited, and to make such regulations + concerning its custody, removal, or disposition as they may + think proper to enact. Nor do I claim for the Executive any + right to the possession or disposition of the public property + or treasure or any authority to interfere with the same, + except when such possession, disposition, or authority is + given to him by law. Nor do I claim the right in any manner + to supervise or interfere with the person intrusted with such + property or treasure, unless he be an officer whose + appointment, under the Constitution and laws, is devolved + upon the President alone or in conjunction with the Senate, + and for whose conduct he is constitutionally responsible. + </p> + <p> + As the message and protest referred to may appear on the + Journal of the Senate and remain among the recorded documents + of the nation, I am unwilling that opinions should be imputed + to me, even through misconstruction, which are not + entertained, and more particularly am I solicitous that I may + not be supposed to claim for myself or my successors any + power or authority not clearly granted by the Constitution + and laws to the President. I have therefore respectfully to + request that this communication may be considered a part of + that message and that it may be entered therewith on the + journals of the Senate. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + EXECUTIVE ORDERS. + </h2> + <p class="r"> + HEADQUARTERS OF THE ARMY,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, June 21, 1834</i>. + </p> + <center> + ORDER 46. + </center> + <p> + The Major-General Commanding the Army has received through + the War Department the following General Order from the + President of the United States: + </p> + <center> + GENERAL ORDER. + </center> + <p class="r"> + WASHINGTON, <i>June 21, 1834</i>. + </p> + <p> + Information having been received of the death of General + Lafayette, the President considers it due to his own feelings + as well as to the character and services of that lamented man + to announce the event to the Army and Navy. + </p> + <p> + Lafayette was a citizen of France, but he was the + distinguished friend of the United States. In early life he + embarked in that contest which secured freedom and + independence to our country. His services and sacrifices + constitute a part of our Revolutionary history, and his + memory will be second only to that of Washington in the + hearts of the American people. In his own country and in ours + he was the zealous and uniform friend and advocate of + rational liberty. Consistent in his principles and conduct, + he never during a long life committed an act which exposed + him to just accusation or which will expose his memory to + reproach. Living at a period of great excitement and of moral + and political revolutions, engaged in many of the important + events which fixed the attention of the world, and invited to + guide the destinies of France at two of the most momentous + eras of her history, his political integrity and personal + disinterestedness have not been called in question. Happy in + such a life, he has been happy in his death. He has been + taken from the theater of action with faculties unimpaired, + with a reputation unquestioned, and an object of veneration + wherever civilization and the rights of man have extended; + and mourning, as we may and must, his departure, let us + rejoice that this associate of Washington has gone, as we + humbly hope, to rejoin his illustrious commander in the + fullness of days and of honor. + </p> + <p> + He came in his youth to defend our country. He came in the + maturity of his age to witness her growth in all the elements + of prosperity, and while witnessing these he received those + testimonials of national gratitude which proved how strong + was his hold upon the affections of the American people. + </p> + <p> + One melancholy duty remains to be performed. The last + major-general of the Revolutionary army has died. Himself a + young and humble participator in the struggles of that + period, the President feels called on as well by personal as + public considerations to direct that appropriate honors be + paid to the memory of this distinguished patriot and soldier. + He therefore orders that the same honors be rendered upon + this occasion at the different military and naval stations as + were observed upon the decease of Washington, the Father of + his Country, and his contemporary in arms. + </p> + <p> + In ordering this homage to be paid to the memory of one so + eminent in the field, so wise in council, so endeared in + private life, and so well and favorably known to both + hemispheres the President feels assured that he is + anticipating the sentiments not of the Army and Navy only, + but of the whole American people. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + In obedience to the commands of the President, the following + funeral honors will be paid at the several stations of the + Army: + </p> + <p> + At daybreak twenty-four guns will be fired in quick + succession, and one gun at the interval of every half hour + thereafter till sunset. + </p> + <p> + The flags of the several stations will during the day be at + half-mast. The officers of the Army will wear crape on the + left arm for the period of six months. + </p> + <p> + This order will be carried into effect under the direction of + the commanding officer of each post and station the day after + its reception. + </p> + <p> + By command of Major-General Macomb, commanding in chief: + </p> + <p class="r"> + R. JONES,<br> + <i>Adjutant-General</i> + </p> + <p> + GREEN HILL, <i>October 12, 1834</i>. + </p> + <p> + Hon. LEVI WOODBURY, + </p> + <p> + <i>Secretary of the Treasury</i>. + </p> + <p> + MY DEAR SIR: I inclose you two letters from two of our most + respectable citizens. They are good men and true. The letters + relate to matters under your immediate charge, and when I + come on to Washington will see about them. + </p> + <p> + Marshall was our candidate for the legislature, and has no + doubt lost his election through the influence of the United + States officers at that post, who are all of them opposed to + us, and if we lose <i>Brown</i> this winter from the Senate + it will be owing mainly and chiefly to this. The county of + Carterett sends three members to the legislature, and is + Jackson to the <i>hub</i>; but Major Kirby, who commands at + Fort Macon, has used his influence in conjunction with D. + Borden, who finds the troops with provisions, in favor of the + opposition, and have beaten our men by small majorities. The + troops, it seems, were paid off in Virginia money, which is + below <i>par</i> in our State, and this just on the eve of + the election, and hence you may see the turn that was given + to the matter. Dr. Hunt, who wishes to be appointed surgeon + at Occracock, is a fine man, and I should like for him to + have it; but of these matters more when I see you. + </p> + <p> + You see our new bank has gone into operation. Suppose you + open a correspondence [with] them about the matter we have + been talking about. It is <i>all important</i> that this + matter should be attended to. With sentiments of great + respect, I am, dear sir, yours, etc., + </p> + <p class="r"> + J. SPEIGHT. + </p> + <center> + [Indorsement.] + </center> + <p> + Let a strict inquiry be had into the conduct of the officers + complained of, and particularly why the paymaster has paid + the troops in depreciated paper when he could as easily paid + them in specie. It is his duty in all cases so to do, as all + the revenue is specie and all public dues are payable in + specie. + </p> + <p class="r"> + A.J. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SIXTH ANNUAL MESSAGE. + </h2> + <center> + DECEMBER 1, 1834. + </center> + <p> + <i>Fellow-Citizens of the Senate and House of + Representatives</i>: + </p> + <p> + In performing my duty at the opening of your present session + it gives me pleasure to congratulate you again upon the + prosperous condition of our beloved country. Divine + Providence has favored us with general health, with rich + rewards in the fields of agriculture and in every branch of + labor, and with peace to cultivate and extend the various + resources which employ the virtue and enterprise of our + citizens. Let us trust that in surveying a scene so + flattering to our free institutions our joint deliberations + to preserve them may be crowned with success. + </p> + <p> + Our foreign relations continue, with but few exceptions, to + maintain the favorable aspect which they bore in my last + annual message, and promise to extend those advantages which + the principles that regulate our intercourse with other + nations are so well calculated to secure. + </p> + <p> + The question of the northeastern boundary is still pending + with Great Britain, and the proposition made in accordance + with the resolution of the Senate for the establishment of a + line according to the treaty of 1783 has not been accepted by + that Government. Believing that every disposition is felt on + both sides to adjust this perplexing question to the + satisfaction of all the parties interested in it, the hope is + yet indulged that it may be effected on the basis of that + proposition. + </p> + <p> + With the Governments of Austria, Russia, Prussia, Holland, + Sweden, and Denmark the best understanding exists. Commerce + with all is fostered and protected by reciprocal good will + under the sanction of liberal conventional or legal + provisions. + </p> + <p> + In the midst of her internal difficulties the Queen of Spain + has ratified the convention for the payment of the claims of + our citizens arising since 1819. It is in the course of + execution on her part, and a copy of it is now laid before + you for such legislation as may be found necessary to enable + those interested to derive the benefits of it. + </p> + <p> + Yielding to the force of circumstances and to the wise + counsels of time and experience, that power has finally + resolved no longer to occupy the unnatural position in which + she stood to the new Governments established in this + hemisphere. I have the great satisfaction of stating to you + that in preparing the way for the restoration of harmony + between those who have sprung from the same ancestors, who + are allied by common interests, profess the same religion, + and speak the same language the United States have been + actively instrumental. Our efforts to effect this good work + will be persevered in while they are deemed useful to the + parties and our entire disinterestedness continues to be felt + and understood. The act of Congress to countervail the + discriminating duties to the prejudice of our navigation + levied in Cuba and Puerto Rico has been transmitted to the + minister of the United States at Madrid, to be communicated + to the Government of the Queen. No intelligence of its + receipt has yet reached the Department of State. If the + present condition of the country permits the Government to + make a careful and enlarged examination of the true interests + of these important portions of its dominions, no doubt is + entertained that their future intercourse with the United + States will be placed upon a more just and liberal basis. + </p> + <p> + The Florida archives have not yet been selected and + delivered. Recent orders have been sent to the agent of the + United States at Havana to return with all that he can + obtain, so that they may be in Washington before the session + of the Supreme Court, to be used in the legal questions there + pending to which the Government is a party. + </p> + <p> + Internal tranquillity is happily restored to Portugal. The + distracted state of the country rendered unavoidable the + postponement of a final payment of the just claims of our + citizens. Our diplomatic relations will be soon resumed, and + the long-subsisting friendship with that power affords the + strongest guaranty that the balance due will receive prompt + attention. + </p> + <p> + The first installment due under the convention of indemnity + with the King of the Two Sicilies has been duly received, and + an offer has been made to extinguish the whole by a prompt + payment—an offer I did not consider myself authorized + to accept, as the indemnification provided is the exclusive + property of individual citizens of the United States. The + original adjustment of our claims and the anxiety displayed + to fulfill at once the stipulations made for the payment of + them are highly honorable to the Government of the Two + Sicilies. When it is recollected that they were the result of + the injustice of an intrusive power temporarily dominant in + its territory, a repugnance to acknowledge and to pay which + would have been neither unnatural nor unexpected, the + circumstances can not fail to exalt its character for justice + and good faith in the eyes of all nations. + </p> + <p> + The treaty of amity and commerce between the United States + and Belgium, brought to your notice in my last annual message + as sanctioned by the Senate, but the ratifications of which + had not been exchanged owing to a delay in its reception at + Brussels and a subsequent absence of the Belgian minister of + foreign affairs, has been, after mature deliberation, finally + disavowed by that Government as inconsistent with the powers + and instructions given to their minister who negotiated it. + This disavowal was entirely unexpected, as the liberal + principles embodied in the convention, and which form the + groundwork of the objections to it, were perfectly + satisfactory to the Belgian representative, and were supposed + to be not only within the powers granted, but expressly + conformable to the instructions given to him. An offer, not + yet accepted, has been made by Belgium to renew negotiations + for a treaty less liberal in its provisions on questions of + general maritime law. + </p> + <p> + Our newly established relations with the Sublime Porte + promise to be useful to our commerce and satisfactory in + every respect to this Government. Our intercourse with the + Barbary Powers continues without important change, except + that the present political state of Algiers has induced me to + terminate the residence there of a salaried consul and to + substitute an ordinary consulate, to remain so long as the + place continues in the possession of France. Our first treaty + with one of these powers, the Emperor of Morocco, was formed + in 1786, and was limited to fifty years. That period has + almost expired. I shall take measures to renew it with the + greater satisfaction as its stipulations are just and liberal + and have been, with mutual fidelity and reciprocal advantage, + scrupulously fulfilled. + </p> + <p> + Intestine dissensions have too frequently occurred to mar the + prosperity, interrupt the commerce, and distract the + governments of most of the nations of this hemisphere which + have separated themselves from Spain. When a firm and + permanent understanding with the parent country shall have + produced a formal acknowledgment of their independence, and + the idea of danger from that quarter can be no longer + entertained, the friends of freedom expect that those + countries, so favored by nature, will be distinguished for + their love of justice and their devotion to those peaceful + arts the assiduous cultivation of which confers honor upon + nations and gives value to human life. In the meantime I + confidently hope that the apprehensions entertained that some + of the people of these luxuriant regions may be tempted, in a + moment of unworthy distrust of their own capacity for the + enjoyment of liberty, to commit the too common error of + purchasing present repose by bestowing on some favorite + leaders the fatal gift of irresponsible power will not be + realized. With all these Governments and with that of Brazil + no unexpected changes in our relations have occurred during + the present year. Frequent causes of just complaint have + arisen upon the part of the citizens of the United States, + sometimes from the irregular action of the constituted + subordinate authorities of the maritime regions and sometimes + from the leaders or partisans of those in arms against the + established Governments. In all cases representations have + been or will be made, and as soon as their political affairs + are in a settled position it is expected that our friendly + remonstrances will be followed by adequate redress. + </p> + <p> + The Government of Mexico made known in December last the + appointment of commissioners and a surveyor on its part to + run, in conjunction with ours, the boundary line between its + territories and the United States, and excused the delay for + the reasons anticipated—the prevalence of civil war. + The commissioners and surveyors not having met within the + time stipulated by the treaty, a new arrangement became + necessary, and our chargé d'affaires was instructed in + January last to negotiate in Mexico an article additional to + the preexisting treaty. This instruction was acknowledged, + and no difficulty was apprehended in the accomplishment of + that object. By information just received that additional + article to the treaty will be obtained and transmitted to + this country as soon as it can receive the ratification of + the Mexican Congress. + </p> + <p> + The reunion of the three States of New Grenada, Venezuela, + and Equador, forming the Republic of Colombia, seems every + day to become more improbable. The commissioners of the two + first are understood to be now negotiating a just division of + the obligations contracted by them when united under one + government. The civil war in Equador, it is believed, has + prevented even the appointment of a commissioner on its part. + </p> + <p> + I propose at an early day to submit, in the proper form, the + appointment of a diplomatic agent to Venezuela, the + importance of the commerce of that country to the United + States and the large claims of our citizens upon the + Government arising before and since the division of Colombia + rendering it, in my judgment, improper longer to delay this + step. + </p> + <p> + Our representatives to Central America, Peru, and Brazil are + either at or on their way to their respective posts. + </p> + <p> + From the Argentine Republic, from which a minister was + expected to this Government, nothing further has been heard. + Occasion has been taken on the departure of a new consul to + Buenos Ayres to remind that Government that its long-delayed + minister, whose appointment had been made known to us, had + not arrived. + </p> + <p> + It becomes my unpleasant duty to inform you that this pacific + and highly gratifying picture of our foreign relations does + not include those with France at this time. It is not + possible that any Government and people could be more + sincerely desirous of conciliating a just and friendly + intercourse with another nation than are those of the United + States with their ancient ally and friend. This disposition + is founded as well on the most grateful and honorable + recollections associated with our struggle for independence + as upon a well-grounded conviction that it is consonant with + the true policy of both. The people of the United States + could not, therefore, see without the deepest regret even a + temporary interruption of the friendly relations between the + two countries—a regret which would, I am sure, be + greatly aggravated if there should turn out to be any + reasonable ground for attributing such a result to any act of + omission or commission on our part. I derive, therefore, the + highest satisfaction from being able to assure you that the + whole course of this Government has been characterized by a + spirit so conciliatory and forbearing as to make it + impossible that our justice and moderation should be + questioned, whatever may be the consequences of a longer + perseverance on the part of the French Government in her + omission to satisfy the conceded claims of our citizens. + </p> + <p> + The history of the accumulated and unprovoked aggressions + upon our commerce committed by authority of the existing + Governments of France between the years 1800 and 1817 has + been rendered too painfully familiar to Americans to make its + repetition either necessary or desirable. It will be + sufficient here to remark that there has for many years been + scarcely a single administration of the French Government by + whom the justice and legality of the claims of our citizens + to indemnity were not to a very considerable extent admitted, + and yet near a quarter of a century has been wasted in + ineffectual negotiations to secure it. + </p> + <p> + Deeply sensible of the injurious effects resulting from this + state of things upon the interests and character of both + nations, I regarded it as among my first duties to cause one + more effort to be made to satisfy France that a just and + liberal settlement of our claims was as well due to her own + honor as to their incontestable validity. The negotiation for + this purpose was commenced with the late Government of + France, and was prosecuted with such success as to leave no + reasonable ground to doubt that a settlement of a character + quite as liberal as that which was subsequently made would + have been effected had not the revolution by which the + negotiation was cut off taken place. The discussions were + resumed with the present Government, and the result showed + that we were not wrong in supposing that an event by which + the two Governments were made to approach each other so much + nearer in their political principles, and by which the + motives for the most liberal and friendly intercourse were so + greatly multiplied, could exercise no other than a salutary + influence upon the negotiation. After the most deliberate and + thorough examination of the whole subject a treaty between + the two Governments was concluded and signed at Paris on the + 4th of July, 1831, by which it was stipulated that "the + French Government, in order to liberate itself from all the + reclamations preferred against it by citizens of the United + States for unlawful seizures, captures, sequestrations, + confiscations, or destruction of their vessels, cargoes, or + other property, engages to pay a sum of 25,000,000 francs to + the United States, who shall distribute it among those + entitled in the manner and according to the rules it shall + determine;" and it was also stipulated on the part of the + French Government that this 25,000,000 francs should "be paid + at Paris, in six annual installments of 4,166,666 francs and + 66 centimes each, into the hands of such person or persons as + shall be authorized by the Government of the United States to + receive it," the first installment to be paid "at the + expiration of one year next following the exchange of the + ratifications of this convention and the others at successive + intervals of a year, one after another, till the whole shall + be paid. To the amount of each of the said installments shall + be added interest at 4 per cent thereupon, as upon the other + installments then remaining unpaid, the said interest to be + computed from the day of the exchange of the present + convention." + </p> + <p> + It was also stipulated on the part of the United States, for + the purpose of being completely liberated from all the + reclamations presented by France on behalf of its citizens, + that the sum of 1,500,000 francs should be paid to the + Government of France in six annual installments, to be + deducted out of the annual sums which France had agreed to + pay, interest thereupon being in like manner computed from + the day of the exchange of the ratifications. In addition to + this stipulation, important advantages were secured to France + by the following article, viz: + </p> + <p> + The wines of France, from and after the exchange of the + ratifications of the present convention, shall be admitted to + consumption in the States of the Union at duties which shall + not exceed the following rates by the gallon (such as it is + used at present for wines in the United States), to wit: 6 + cents for red wines in casks; 10 cents for white wines in + casks, and 22 cents for wines of all sorts in bottles. The + proportions existing between the duties on French wines thus + reduced and the general rates of the tariff which went into + operation the 1st January, 1829, shall be maintained in case + the Government of the United States should think proper to + diminish those general rates in a new tariff. + </p> + <p> + In consideration of this stipulation, which shall be binding + on the United States for ten years, the French Government + abandons the reclamations which it had formed in relation to + the eighth article of the treaty of cession of Louisiana. It + engages, moreover, to establish on the <i>long-staple</i> + cottons of the United States which after the exchange of the + ratifications of the present convention shall be brought + directly thence to France by the vessels of the United States + or by French vessels the same duties as on + <i>short-staple</i> cottons. + </p> + <p> + This treaty was duly ratified in the manner prescribed by the + constitutions of both countries, and the ratification was + exchanged at the city of Washington on the 2d of February, + 1832. On account of its commercial stipulations it was in + five days thereafter laid before the Congress of the United + States, which proceeded to enact such laws favorable to the + commerce of France as were necessary to carry it into full + execution, and France has from that period to the present + been in the unrestricted enjoyment of the valuable privileges + that were thus secured to her. The faith of the French nation + having been thus solemnly pledged through its constitutional + organ for the liquidation and ultimate payment of the + long-deferred claims of our citizens, as also for the + adjustment of other points of great and reciprocal benefits + to both countries, and the United States having, with a + fidelity and promptitude by which their conduct will, I + trust, be always characterized, done everything that was + necessary to carry the treaty into full and fair effect on + their part, counted with the most perfect confidence on equal + fidelity and promptitude on the part of the French + Government. In this reasonable expectation we have been, I + regret to inform you, wholly disappointed. No legislative + provision has been made by France for the execution of the + treaty, either as it respects the indemnity to be paid or the + commercial benefits to be secured to the United States, and + the relations between the United States and that power in + consequence thereof are placed in a situation threatening to + interrupt the good understanding which has so long and so + happily existed between the two nations. + </p> + <p> + Not only has the French Government been thus wanting in the + performance of the stipulations it has so solemnly entered + into with the United States, but its omissions have been + marked by circumstances which would seem to leave us without + satisfactory evidences that such performance will certainly + take place at a future period. Advice of the exchange of + ratifications reached Paris prior to the 8th April, 1832. The + French Chambers were then sitting, and continued in session + until the 21st of that month, and although one installment of + the indemnity was payable on the 2d of February, 1833, one + year after the exchange of ratifications, no application was + made to the Chambers for the required appropriation, and in + consequence of no appropriation having then been made the + draft of the United States Government for that installment + was dishonored by the minister of finance, and the United + States thereby involved in much controversy. The next session + of the Chambers commenced on the 19th November, 1832, and + continued until the 25th April, 1833. Notwithstanding the + omission to pay the first installment had been made the + subject of earnest remonstrance on our part, the treaty with + the United States and a bill making the necessary + appropriations to execute it were not laid before the Chamber + of Deputies until the 6th of April, nearly five months after + its meeting, and only nineteen days before the close of the + session. The bill was read and referred to a committee, but + there was no further action upon it. The next session of the + Chambers commenced on the 26th of April, 1833, and continued + until the 26th of June following. A new bill was introduced + on the 11th of June, but nothing important was done in + relation to it during the session. In the month of April, + 1834, nearly three years after the signature of the treaty, + the final action of the French Chambers upon the bill to + carry the treaty into effect was obtained, and resulted in a + refusal of the necessary appropriations. The avowed grounds + upon which the bill was rejected are to be found in the + published debates of that body, and no observations of mine + can be necessary to satisfy Congress of their utter + insufficiency. Although the gross amount of the claims of our + citizens is probably greater than will be ultimately allowed + by the commissioners, sufficient is, nevertheless, shown to + render it absolutely certain that the indemnity falls far + short of the actual amount of our just claims, independently + of the question of damages and interest for the detention. + That the settlement involved a sacrifice in this respect was + well known at the time—a sacrifice which was cheerfully + acquiesced in by the different branches of the Federal + Government, whose action upon the treaty was required from a + sincere desire to avoid further collision upon this old and + disturbing subject and in the confident expectation that the + general relations between the two countries would be improved + thereby. + </p> + <p> + The refusal to vote the appropriation, the news of which was + received from our minister in Paris about the 15th day of May + last, might have been considered the final determination of + the French Government not to execute the stipulations of the + treaty, and would have justified an immediate communication + of the facts to Congress, with a recommendation of such + ultimate measures as the interest and honor of the United + States might seem to require. But with the news of the + refusal of the Chambers to make the appropriation were + conveyed the regrets of the King and a declaration that a + national vessel should be forthwith sent out with + instructions to the French minister to give the most ample + explanations of the past and the strongest assurances for the + future. After a long passage the promised dispatch vessel + arrived. The pledges given by the French minister upon + receipt of his instructions were that as soon after the + election of the new members as the charter would permit the + legislative Chambers of France should be called together and + the proposition for an appropriation laid before them; that + all the constitutional powers of the King and his cabinet + should be exerted to accomplish the object, and that the + result should be made known early enough to be communicated + to Congress at the commencement of the present session. + Relying upon these pledges, and not doubting that the + acknowledged justice of our claims, the promised exertions of + the King and his cabinet, and, above all, that sacred regard + for the national faith and honor for which the French + character has been so distinguished would secure an early + execution of the treaty in all its parts, I did not deem it + necessary to call the attention of Congress to the subject at + the last session. + </p> + <p> + I regret to say that the pledges made through the minister of + France have not been redeemed. The new Chambers met on the + 3its July last, and although the subject of fulfilling + treaties was alluded to in the speech from the throne, no + attempt was made by the King or his cabinet to procure an + appropriation to carry it into execution. The reasons given + for this omission, although they might be considered + sufficient in an ordinary case, are not consistent with the + expectations founded upon the assurances given here, for + there is no constitutional obstacle to entering into + legislative business at the first meeting of the Chambers. + This point, however, might have been overlooked had not the + Chambers, instead of being called to meet at so early a day + that the result of their deliberations might be communicated + to me before the meeting of Congress, been prorogued to the + 29th of the present month—a period so late that their + decision can scarcely be made known to the present Congress + prior to its dissolution. To avoid this delay our minister in + Paris, in virtue of the assurance given by the French + minister in the United States, strongly urged the convocation + of the Chambers at an earlier day, but without success. It is + proper to remark, however, that this refusal has been + accompanied with the most positive assurances on the part of + the executive government of France of their intention to + press the appropriation at the ensuing session of the + Chambers. + </p> + <p> + The executive branch of this Government has, as matters + stand, exhausted all the authority upon the subject with + which it is invested and which it had any reason to believe + could be beneficially employed. + </p> + <p> + The idea of acquiescing in the refusal to execute the treaty + will not, I am confident, be for a moment entertained by any + branch of this Government, and further negotiation upon the + subject is equally out of the question. + </p> + <p> + If it shall be the pleasure of Congress to await the further + action of the French Chambers, no further consideration of + the subject will at this session probably be required at your + hands. But if from the original delay in asking for an + appropriation, from the refusal of the Chambers to grant it + when asked, from the omission to bring the subject before the + Chambers at their last session, from the fact that, including + that session, there have been five different occasions when + the appropriation might have been made, and from the delay in + convoking the Chambers until some weeks after the meeting of + Congress, when it was well known that a communication of the + whole subject to Congress at the last session was prevented + by assurances that it should be disposed of before its + present meeting, you should feel yourselves constrained to + doubt whether it be the intention of the French Government, + in all its branches, to carry the treaty into effect, and + think that such measures as the occasion may be deemed to + call for should be now adopted, the important question arises + what those measures shall be. + </p> + <p> + Our institutions are essentially pacific. Peace and friendly + intercourse with all nations are as much the desire of our + Government as they are the interest of our people. But these + objects are not to be permanently secured by surrendering the + rights of our citizens or permitting solemn treaties for + their indemnity, in cases of flagrant wrong, to be abrogated + or set aside. + </p> + <p> + It is undoubtedly in the power of Congress seriously to + affect the agricultural and manufacturing interests of France + by the passage of laws relating to her trade with the United + States. Her products, manufactures, and tonnage may be + subjected to heavy duties in our ports, or all commercial + intercourse with her may be suspended. But there are powerful + and to my mind conclusive objections to this mode of + proceeding. We can not embarrass or cut off the trade of + France without at the same time in some degree embarrassing + or cutting off our own trade. The injury of such a warfare + must fall, though unequally, upon our own citizens, and could + not but impair the means of the Government and weaken that + united sentiment in support of the rights and honor of the + nation which must now pervade every bosom. Nor is it + impossible that such a course of legislation would introduce + once more into our national councils those disturbing + questions in relation to the tariff of duties which have been + so recently put to rest. Besides, by every measure adopted by + the Government of the United States with the view of injuring + France the clear perception of right which will induce our + own people and the rulers and people of all other nations, + even of France herself, to pronounce our quarrel just will be + obscured and the support rendered to us in a final resort to + more decisive measures will be more limited and equivocal. + There is but one point in the controversy, and upon that the + whole civilized world must pronounce France to be in the + wrong. We insist that she shall pay us a sum of money which + she has acknowledged to be due, and of the justice of this + demand there can be but one opinion among mankind. True + policy would seem to dictate that the question at issue + should be kept thus disencumbered and that not the slightest + pretense should be given to France to persist in her refusal + to make payment by any act on our part affecting the + interests of her people. The question should be left, as it + is now, in such an attitude that when France fulfills her + treaty stipulations all controversy will be at an end. + </p> + <p> + It is my conviction that the United States ought to insist on + a prompt execution of the treaty, and in case it be refused + or longer delayed take redress into their own hands. After + the delay on the part of France of a quarter of a century in + acknowledging these claims by treaty, it is not to be + tolerated that another quarter of a century is to be wasted + in negotiating about the payment. The laws of nations provide + a remedy for such occasions. It is a well-settled principle + of the international code that where one nation owes another + a liquidated debt which it refuses or neglects to pay the + aggrieved party may seize on the property belonging to the + other, its citizens or subjects, sufficient to pay the debt + without giving just cause of war. This remedy has been + repeatedly resorted to, and recently by France herself toward + Portugal, under circumstances less unquestionable. + </p> + <p> + The time at which resort should be had to this or any other + mode of redress is a point to be decided by Congress. If an + appropriation shall not be made by the French Chambers at + their next session, it may justly be concluded that the + Government of France has finally determined to disregard its + own solemn undertaking and refuse to pay an acknowledged + debt. In that event every day's delay on our part will be a + stain upon our national honor, as well as a denial of justice + to our injured citizens. Prompt measures, when the refusal of + France shall be complete, will not only be most honorable and + just, but will have the best effect upon our national + character. + </p> + <p> + Since France, in violation of the pledges given through her + minister here, has delayed her final action so long that her + decision will not probably be known in time to be + communicated to this Congress, I recommend that a law be + passed authorizing reprisals upon French property in case + provision shall not be made for the payment of the debt at + the approaching session of the French Chambers. Such a + measure ought not to be considered by France as a menace. Her + pride and power are too well known to expect anything from + her fears and preclude the necessity of a declaration that + nothing partaking of the character of intimidation is + intended by us. She ought to look upon it as the evidence + only of an inflexible determination on the part of the United + States to insist on their rights. That Government, by doing + only what it has itself acknowledged to be just, will be able + to spare the United States the necessity of taking redress + into their own hands and save the property of French citizens + from that seizure and sequestration which American citizens + so long endured without retaliation or redress. If she should + continue to refuse that act of acknowledged justice and, in + violation of the law of nations, make reprisals on our part + the occasion of hostilities against the United States, she + would but add violence to injustice, and could not fail to + expose herself to the just censure of civilized nations and + to the retributive judgments of Heaven. + </p> + <p> + Collision with France is the more to be regretted on account + of the position she occupies in Europe in relation to liberal + institutions, but in maintaining our national rights and + honor all governments are alike to us. If by a collision with + France in a case where she is clearly in the wrong the march + of liberal principles shall be impeded, the responsibility + for that result as well as every other will rest on her own + head. + </p> + <p> + Having submitted these considerations, it belongs to Congress + to decide whether after what has taken place it will still + await the further action of the French Chambers or now adopt + such provisional measures as it may deem necessary and best + adapted to protect the rights and maintain the honor of the + country. Whatever that decision may be, it will be faithfully + enforced by the Executive as far as he is authorized so to + do. + </p> + <p> + According to the estimate of the Treasury Department, the + revenue accruing from all sources during the present year + will amount to $20,624,717, which, with the balance remaining + in the Treasury on the 1st of January last of $11,702,905, + produces an aggregate of $32,327,623. The total expenditure + during the year for all objects, including the public debt, + is estimated at $25,591,390, which will leave a balance in + the Treasury on the 1st of January, 1835, of $6,736,232. In + this balance, however, will be included about $1,150,000 of + what was heretofore reported by the Department as not + effective. + </p> + <p> + Of former appropriations it is estimated that there will + remain unexpended at the close of the year $8,002,925, and + that of this sum there will not be required more than + $5,141,964 to accomplish the objects of all the current + appropriations. Thus it appears that after satisfying all + those appropriations and after discharging the last item of + our public debt, which will be done on the 1st of January + next, there will remain unexpended in the Treasury an + effective balance of about $440,000. That such should be the + aspect of our finances is highly flattering to the industry + and enterprise of our population and auspicious of the wealth + and prosperity which await the future cultivation of their + growing resources. It is not deemed prudent, however, to + recommend any change for the present in our impost rates, the + effect of the gradual reduction now in progress in many of + them not being sufficiently tested to guide us in determining + the precise amount of revenue which they will produce. + </p> + <p> + Free from public debt, at peace with all the world, and with + no complicated interests to consult in our intercourse with + foreign powers, the present may be hailed as the epoch in our + history the most favorable for the settlement of those + principles in our domestic policy which shall be best + calculated to give stability to our Republic and secure the + blessings of freedom to our citizens. + </p> + <p> + Among these principles, from our past experience, it can not + be doubted that simplicity in the character of the Federal + Government and a rigid economy in its administration should + be regarded as fundamental and sacred. All must be sensible + that the existence of the public debt, by rendering taxation + necessary for its extinguishment, has increased the + difficulties which are inseparable from every exercise of the + taxing power, and that it was in this respect a remote agent + in producing those disturbing questions which grew out of the + discussions relating to the tariff. If such has been the + tendency of a debt incurred in the acquisition and + maintenance of our national rights and liberties, the + obligations of which all portions of the Union cheerfully + acknowledged, it must be obvious that whatever is calculated + to increase the burdens of Government without necessity must + be fatal to all our hopes of preserving its true character. + While we are felicitating ourselves, therefore, upon the + extinguishment of the national debt and the prosperous state + of our finances, let us not be tempted to depart from those + sound maxims of public policy which enjoin a just adaptation + of the revenue to the expenditures that are consistent with a + rigid economy and an entire abstinence from all topics of + legislation that are not clearly within the constitutional + powers of the Government and suggested by the wants of the + country. Properly regarded under such a policy, every + diminution of the public burdens arising from taxation gives + to individual enterprise increased power and furnishes to all + the members of our happy Confederacy new motives for + patriotic affection and support. But above all, its most + important effect will be found in its influence upon the + character of the Government by confining its action to those + objects which will be sure to secure to it the attachment and + support of our fellow-citizens. + </p> + <p> + Circumstances make it my duty to call the attention of + Congress to the Bank of the United States. Created for the + convenience of the Government, that institution has become + the scourge of the people. Its interference to postpone the + payment of a portion of the national debt that it might + retain the public money appropriated for that purpose to + strengthen it in a political contest, the extraordinary + extension and contraction of its accommodations to the + community, its corrupt and partisan loans, its exclusion of + the public directors from a knowledge of its most important + proceedings, the unlimited authority conferred on the + president to expend its funds in hiring writers and procuring + the execution of printing, and the use made of that + authority, the retention of the pension money and books after + the selection of new agents, the groundless claim to heavy + damages in consequence of the protest of the bill drawn on + the French Government, have through various channels been + laid before Congress. Immediately after the close of the last + session the bank, through its president, announced its + ability and readiness to abandon the system of unparalleled + curtailment and the interruption of domestic exchanges which + it had practiced upon from the 1st of August, 1833, to the + 30th of June, 1834, and to extend its accommodations to the + community. The grounds assumed in this annunciation amounted + to an acknowledgment that the curtailment, in the extent to + which it had been carried, was not necessary to the safety of + the bank, and had been persisted in merely to induce Congress + to grant the prayer of the bank in its memorial relative to + the removal of the deposits and to give it a new charter. + They were substantially a confession that all the real + distresses which individuals and the country had endured for + the preceding six or eight months had been needlessly + produced by it, with the view of affecting through the + sufferings of the people the legislative action of Congress. + It is a subject of congratulation that Congress and the + country had the virtue and firmness to bear the infliction, + that the energies of our people soon found relief from this + wanton tyranny in vast importations of the precious metals + from almost every part of the world, and that at the close of + this tremendous effort to control our Government the bank + found itself powerless and no longer able to loan out its + surplus means. The community had learned to manage its + affairs without its assistance, and trade had already found + new auxiliaries, so that on the 1st of October last the + extraordinary spectacle was presented of a national bank more + than one-half of whose capital was either lying unproductive + in its vaults or in the hands of foreign bankers. + </p> + <p> + To the needless distresses brought on the country during the + last session of Congress has since been added the open + seizure of the dividends on the public stock to the amount of + $170,041, under pretense of paying damages, cost, and + interest upon the protested French bill. This sum constituted + a portion of the estimated revenues for the year 1834, upon + which the appropriations made by Congress were based. It + would as soon have been expected that our collectors would + seize on the customs or the receivers of our land offices on + the moneys arising from the sale of public lands under + pretenses of claims against the United States as that the + bank would have retained the dividends. Indeed, if the + principle be established that anyone who chooses to set up a + claim against the United States may without authority of law + seize on the public property or money wherever he can find it + to pay such claim, there will remain no assurance that our + revenue will reach the Treasury or that it will be applied + after the appropriation to the purposes designated in the + law. The paymasters of our Army and the pursers of our Navy + may under like pretenses apply to their own use moneys + appropriated to set in motion the public force, and in time + of war leave the country without defense. This measure + resorted to by the bank is disorganizing and revolutionary, + and if generally resorted to by private citizens in like + cases would fill the land with anarchy and violence. + </p> + <p> + It is a constitutional provision "that no money shall be + drawn from the Treasury but in consequence of appropriations + made by law." The palpable object of this provision is to + prevent the expenditure of the public money for any purpose + whatsoever which shall not have been first approved by the + representatives of the people and the States in Congress + assembled. It vests the power of declaring for what purposes + the public money shall be expended in the legislative + department of the Government, to the exclusion of the + executive and judicial, and it is not within the + constitutional authority of either of those departments to + pay it away without law or to sanction its payment. According + to this plain constitutional provision, the claim of the bank + can never be paid without an appropriation by act of + Congress. But the bank has never asked for an appropriation. + It attempts to defeat the provision of the Constitution and + obtain payment without an act of Congress. Instead of + awaiting an appropriation passed by both Houses and approved + by the President, it makes an appropriation for itself and + invites an appeal to the judiciary to sanction it. That the + money had not technically been paid into the Treasury does + not affect the principle intended to be established by the + Constitution. The Executive and the judiciary have as little + right to appropriate and expend the public money without + authority of law before it is placed to the credit of the + Treasury as to take it from the Treasury. In the annual + report of the Secretary of the Treasury, and in his + correspondence with the president of the bank, and the + opinions of the Attorney-General accompanying it, you will + find a further examination of the claims of the bank and the + course it has pursued. + </p> + <p> + It seems due to the safety of the public funds remaining in + that bank and to the honor of the American people that + measures be taken to separate the Government entirely from an + institution so mischievous to the public prosperity and so + regardless of the Constitution and laws. By transferring the + public deposits, by appointing other pension agents as far as + it had the power, by ordering the discontinuance of the + receipt of bank checks in the payment of the public dues + after the 1st day of January, the Executive has exerted all + its lawful authority to sever the connection between the + Government and this faithless corporation. + </p> + <p> + The high-handed career of this institution imposes upon the + constitutional functionaries of this Government duties of the + gravest and most imperative character—duties which they + can not avoid and from which I trust there will be no + inclination on the part of any of them to shrink. My own + sense of them is most clear, as is also my readiness to + discharge those which may rightfully fall on me. To continue + any business relations with the Bank of the United States + that may be avoided without a violation of the national faith + after that institution has set at open defiance the conceded + right of the Government to examine its affairs, after it has + done all in its power to deride the public authority in other + respects and to bring it into disrepute at home and abroad, + after it has attempted to defeat the clearly expressed will + of the people by turning against them the immense power + intrusted to its hands and by involving a country otherwise + peaceful, flourishing, and happy, in dissension, + embarrassment, and distress, would make the nation itself a + party to the degradation so sedulously prepared for its + public agents and do much to destroy the confidence of + mankind in popular governments and to bring into contempt + their authority and efficiency. In guarding against an evil + of such magnitude considerations of temporary convenience + should be thrown out of the question, and we should be + influenced by such motives only as look to the honor and + preservation of the republican system. Deeply and solemnly + impressed with the justice of these views, I feel it to be my + duty to recommend to you that a law be passed authorizing the + sale of the public stock: that the provision of the charter + requiring the receipt of notes of the bank in payment of + public dues shall, in accordance with the power reserved to + Congress in the fourteenth section of the charter, be + suspended until the bank pays to the Treasury the dividends + withheld, and that all laws connecting the Government or its + officers with the bank, directly or indirectly, be repealed, + and that the institution be left hereafter to its own + resources and means. + </p> + <p> + Events have satisfied my mind, and I think the minds of the + American people, that the mischiefs and dangers which flow + from a national bank far overbalance all its advantages. The + bold effort the present bank has made to control the + Government, the distresses it has wantonly produced, the + violence of which it has been the occasion in one of our + cities famed for its observance of law and order, are but + premonitions of the fate which awaits the American people + should they be deluded into a perpetuation of this + institution or the establishment of another like it. It is + fervently hoped that thus admonished those who have + heretofore favored the establishment of a substitute for the + present bank will be induced to abandon it, as it is + evidently better to incur any inconvenience that may be + reasonably expected than to concentrate the whole moneyed + power of the Republic in any form whatsoever or under any + restrictions. + </p> + <p> + Happily it is already illustrated that the agency of such an + institution is not necessary to the fiscal operations of the + Government. The State banks are found fully adequate to the + performance of all services which were required of the Bank + of the United States, quite as promptly and with the same + cheapness. They have maintained themselves and discharged all + these duties while the Bank of the United States was still + powerful and in the field as an open enemy, and it is not + possible to conceive that they will find greater difficulties + in their operations when that enemy shall cease to exist. + </p> + <p> + The attention of Congress is earnestly invited to the + regulation of the deposits in the State banks by law. + Although the power now exercised by the executive department + in this behalf is only such as was uniformly exerted through + every Administration from the origin of the Government up to + the establishment of the present bank, yet it is one which is + susceptible of regulation by law, and therefore ought so to + be regulated. The power of Congress to direct in what places + the Treasurer shall keep the moneys in the Treasury and to + impose restrictions upon the Executive authority in relation + to their custody and removal is unlimited, and its exercise + will rather be courted than discouraged by those public + officers and agents on whom rests the responsibility for + their safety. It is desirable that as little power as + possible should be left to the President or the Secretary of + the Treasury over those institutions, which, being thus freed + from Executive influence, and without a common head to direct + their operations, would have neither the temptation nor the + ability to interfere in the political conflicts of the + country. Not deriving their charters from the national + authorities, they would never have those inducements to + meddle in general elections which have led the Bank of the + United States to agitate and convulse the country for upward + of two years. + </p> + <p> + The progress of our gold coinage is creditable to the + officers of the Mint, and promises in a short period to + furnish the country with a sound and portable currency, which + will much diminish the inconvenience to travelers of the want + of a general paper currency should the State banks be + incapable of furnishing it. Those institutions have already + shown themselves competent to purchase and furnish domestic + exchange for the convenience of trade at reasonable rates, + and not a doubt is entertained that in a short period all the + wants of the country in bank accommodations and exchange will + be supplied as promptly and as cheaply as they have + heretofore been by the Bank of the United States. If the + several States shall be induced gradually to reform their + banking systems and prohibit the issue of all small notes, we + shall in a few years have a currency as sound and as little + liable to fluctuations as any other commercial country. + </p> + <p> + The report of the Secretary of War, together with the + accompanying documents from the several bureaus of that + Department, will exhibit the situation of the various objects + committed to its administration. + </p> + <p> + No event has occurred since your last session rendering + necessary any movements of the Army, with the exception of + the expedition of the regiment of dragoons into the territory + of the wandering and predatory tribes inhabiting the western + frontier and living adjacent to the Mexican boundary. These + tribes have been heretofore known to us principally by their + attacks upon our own citizens and upon other Indians entitled + to the protection of the United States. It became necessary + for the peace of the frontiers to check these habitual + inroads, and I am happy to inform you that the object has + been effected without the commission of any act of hostility. + Colonel Dodge and the troops under his command have acted + with equal firmness and humanity, and an arrangement has been + made with those Indians which it is hoped will assure their + permanent pacific relations with the United States and the + other tribes of Indians upon that border. It is to be + regretted that the prevalence of sickness in that quarter has + deprived the country of a number of valuable lives, and + particularly that General Leavenworth, an officer well known, + and esteemed for his gallant services in the late war and for + his subsequent good conduct, has fallen a victim to his zeal + and exertions in the discharge of his duty. + </p> + <p> + The Army is in a high state of discipline. Its moral + condition, so far as that is known here, is good, and the + various branches of the public service are carefully attended + to. It is amply sufficient under its present organization for + providing the necessary garrisons for the seaboard and for + the defense of the internal frontier, and also for preserving + the elements of military knowledge and for keeping pace with + those improvements which modern experience is continually + making. And these objects appear to me to embrace all the + legitimate purposes for which a permanent military force + should be maintained in our country. The lessons of history + teach us its danger and the tendency which exists to an + increase. This can be best met and averted by a just caution + on the part of the public itself, and of those who represent + them in Congress. + </p> + <p> + From the duties which devolve on the Engineer Department and + upon the topographical engineers, a different organization + seems to be demanded by the public interest, and I recommend + the subject to your consideration. + </p> + <p> + No important change has during this season taken place in the + condition of the Indians. Arrangements are in progress for + the removal of the Creeks, and will soon be for the removal + of the Seminoles. I regret that the Cherokees east of the + Mississippi have not yet determined as a community to remove. + How long the personal causes which have heretofore retarded + that ultimately inevitable measure will continue to operate I + am unable to conjecture. It is certain, however, that delay + will bring with it accumulated evils which will render their + condition more and more unpleasant. The experience of every + year adds to the conviction that emigration, and that alone, + can preserve from destruction the remnant of the tribes yet + living amongst us. The facility with which the necessaries of + life are procured and the treaty stipulations providing aid + for the emigrant Indians in their agricultural pursuits and + in the important concern of education, and their removal from + those causes which have heretofore depressed all and + destroyed many of the tribes, can not fail to stimulate their + exertions and to reward their industry. + </p> + <p> + The two laws passed at the last session of Congress on the + subject of Indian affairs have been carried into effect, and + detailed instructions for their administration have been + given. It will be seen by the estimates for the present + session that a great reduction will take place in the + expenditures of the Department in consequence of these laws, + and there is reason to believe that their operation will be + salutary and that the colonization of the Indians on the + western frontier, together with a judicious system of + administration, will still further reduce the expenses of + this branch of the public service and at the same time + promote its usefulness and efficiency. + </p> + <p> + Circumstances have been recently developed showing the + existence of extensive frauds under the various laws granting + pensions and gratuities for Revolutionary services. It is + impossible to estimate the amount which may have been thus + fraudulently obtained from the National Treasury. I am + satisfied, however, it has been such as to justify a + reexamination of the system and the adoption of the necessary + checks in its administration. All will agree that the + services and sufferings of the remnant of our Revolutionary + band should be fully compensated; but while this is done, + every proper precaution should be taken to prevent the + admission of fabricated and fraudulent claims. In the present + mode of proceeding the attestations and certificates of the + judicial officers of the various States form a considerable + portion of the checks which are interposed against the + commission of frauds. These, however, have been and may be + fabricated, and in such a way as to elude detection at the + examining offices. And independently of this practical + difficulty, it is ascertained that these documents are often + loosely granted; sometimes even blank certificates have been + issued; sometimes prepared papers have been signed without + inquiry, and in one instance, at least, the seal of the court + has been within reach of a person most interested in its + improper application. It is obvious that under such + circumstances no severity of administration can check the + abuse of the law. And information has from time to time been + communicated to the Pension Office questioning or denying the + right of persons placed upon the pension list to the bounty + of the country. Such cautions are always attended to and + examined, but a far more general investigation is called for, + and I therefore recommend, in conformity with the suggestion + of the Secretary of War, that an actual inspection should be + made in each State into the circumstances and claims of every + person now drawing a pension. The honest veteran has nothing + to fear from such a scrutiny, while the fraudulent claimant + will be detected and the public Treasury relieved to an + amount, I have reason to believe, far greater than has + heretofore been suspected. The details of such a plan could + be so regulated as to interpose the necessary checks without + any burdensome operation upon the pensioners. The object + should be twofold: + </p> + <p> + 1. To look into the original justice of the claims, so far as + this can be done under a proper system of regulations, by an + examination of the claimants themselves and by inquiring in + the vicinity of their residence into their history and into + the opinion entertained of their Revolutionary services. + </p> + <p> + 2. To ascertain in all cases whether the original claimant is + living, and this by actual personal inspection. + </p> + <p> + This measure will, if adopted, be productive, I think, of the + desired results, and I therefore recommend it to your + consideration, with the further suggestion that all payments + should be suspended till the necessary reports are received. + </p> + <p> + It will be seen by a tabular statement annexed to the + documents transmitted to Congress that the appropriations for + objects connected with the War Department, made at the last + session, for the service of the year 1834, excluding the + permanent appropriation for the payment of military + gratuities under the act of June 7, 1832, the appropriation + of $200,000 for arming and equipping the militia, and the + appropriation of $10,000 for the civilization of the Indians, + which are not annually renewed, amounted to the sum of + $9,003,261, and that the estimates of appropriations + necessary for the same branches of service for the year 1835 + amount to the sum of $5,778,964, making a difference in the + appropriations of the current year over the estimates of the + appropriations for the next of $3,224,297. + </p> + <p> + The principal causes which have operated at this time to + produce this great difference are shown in the reports and + documents and in the detailed estimates. Some of these causes + are accidental and temporary; while others are permanent, + and, aided by a just course of administration, may continue + to operate beneficially upon the public expenditures. + </p> + <p> + A just economy, expending where the public service requires + and withholding where it does not, is among the indispensable + duties of the Government. + </p> + <p> + I refer you to the accompanying report of the Secretary of + the Navy and to the documents with it for a full view of the + operations of that important branch of our service during the + present year. It will be seen that the wisdom and liberality + with which Congress has provided for the gradual increase of + our navy material have been seconded by a corresponding zeal + and fidelity on the part of those to whom has been confided + the execution of the laws on the subject, and that but a + short period would be now required to put in commission a + force large enough for any exigency into which the country + may be thrown. + </p> + <p> + When we reflect upon our position in relation to other + nations, it must be apparent that in the event of conflicts + with them we must look chiefly to our Navy for the protection + of our national rights. The wide seas which separate us from + other Governments must of necessity be the theater on which + an enemy will aim to assail us, and unless we are prepared to + meet him on this element we can not be said to possess the + power requisite to repel or prevent aggressions. We can not, + therefore, watch with too much attention this arm of our + defense, or cherish with too much care the means by which it + can possess the necessary efficiency and extension. To this + end our policy has been heretofore wisely directed to the + constant employment of a force sufficient to guard our + commerce, and to the rapid accumulation of the materials + which are necessary to repair our vessels and construct with + ease such new ones as may be required in a state of war. + </p> + <p> + In accordance with this policy, I recommend to your + consideration the erection of the additional dry dock + described by the Secretary of the Navy, and also the + construction of the steam batteries to which he has referred, + for the purpose of testing their efficacy as auxiliaries to + the system of defense now in use. + </p> + <p> + The report of the Postmaster-General herewith submitted + exhibits the condition and prospects of that Department. From + that document it appears that there was a deficit in the + funds of the Department at the commencement of the present + year beyond its available means of $315,599.98, which on the + 1st July last had been reduced to $268,092.74. It appears + also that the revenues for the coming year will exceed the + expenditures about $270,000, which, with the excess of + revenue which will result from the operations of the current + half year, may be expected, independently of any increase in + the gross amount of postages, to supply the entire deficit + before the end of 1835. But as this calculation is based on + the gross amount of postages which had accrued within the + period embraced by the times of striking the balances, it is + obvious that without a progressive increase in the amount of + postages the existing retrenchments must be persevered in + through the year 1836 that the Department may accumulate a + surplus fund sufficient to place it in a condition of perfect + ease. + </p> + <p> + It will be observed that the revenues of the Post-Office + Department, though they have increased, and their amount is + above that of any former year, have yet fallen short of the + estimates more than $100,000. This is attributed in a great + degree to the increase of free letters growing out of the + extension and abuse of the franking privilege. There has been + a gradual increase in the number of executive offices to + which it has been granted, and by an act passed in March, + 1833, it was extended to members of Congress throughout the + whole year. It is believed that a revision of the laws + relative to the franking privilege, with some enactments to + enforce more rigidly the restrictions under which it is + granted, would operate beneficially to the country, by + enabling the Department at an earlier period to restore the + mail facilities that have been withdrawn, and to extend them + more widely, as the growing settlements of the country may + require. + </p> + <p> + To a measure so important to the Government and so just to + our constituents, who ask no exclusive privileges for + themselves and are not willing to concede them to others, I + earnestly recommend the serious attention of Congress. + </p> + <p> + The importance of the Post-Office Department and the + magnitude to which it has grown, both in its revenues and in + its operations, seem to demand its reorganization by law. The + whole of its receipts and disbursements have hitherto been + left entirely to Executive control and individual discretion. + The principle is as sound in relation to this as to any other + Department of the Government, that as little discretion + should be confided to the executive officer who controls it + as is compatible with its efficiency. It is therefore + earnestly recommended that it be organized with an auditor + and treasurer of its own, appointed by the President and + Senate, who shall be branches of the Treasury Department. + </p> + <p> + Your attention is again respectfully invited to the defect + which exists in the judicial system of the United States. + Nothing can be more desirable than the uniform operation of + the Federal judiciary throughout the several States, all of + which, standing on the same footing as members of the Union, + have equal rights to the advantages and benefits resulting + from its laws. This object is not attained by the judicial + acts now in force, because they leave one-fourth of the + States without circuit courts. + </p> + <p> + It is undoubtedly the duty of Congress to place all the + States on the same footing in this respect, either by the + creation of an additional number of associate judges or by an + enlargement of the circuits assigned to those already + appointed so as to include the new States. Whatever may be + the difficulty in a proper organization of the judicial + system so as to secure its efficiency and uniformity in all + parts of the Union and at the same time to avoid such an + increase of judges as would encumber the supreme appellate + tribunal, it should not be allowed to weigh against the great + injustice which the present operation of the system produces. + </p> + <p> + I trust that I may be also pardoned for renewing the + recommendation I have so often submitted to your attention in + regard to the mode of electing the President and + Vice-President of the United States. All the reflection I + have been able to bestow upon the subject increases my + conviction that the best interests of the country will be + promoted by the adoption of some plan which will secure in + all contingencies that important right of sovereignty to the + direct control of the people. Could this be attained, and the + terms of those officers be limited to a single period of + either four or six years, I think our liberties would possess + an additional safeguard. + </p> + <p> + At your last session I called the attention of Congress to + the destruction of the public building occupied by the + Treasury Department. As the public interest requires that + another building should be erected with as little delay as + possible, it is hoped that the means will be seasonably + provided and that they will be ample enough to authorize such + an enlargement and improvement in the plan of the building as + will more effectually accommodate the public officers and + secure the public documents deposited in it from the + casualties of fire. + </p> + <p> + I have not been able to satisfy myself that the bill entitled + "An act to improve the navigation of the Wabash River," which + was sent to me at the close of your last session, ought to + pass, and I have therefore withheld from it my approval and + now return it to the Senate, the body in which it originated. + </p> + <p> + There can be no question connected with the administration of + public affairs more important or more difficult to be + satisfactorily dealt with than that which relates to the + rightful authority and proper action of the Federal + Government upon the subject of internal improvements. To + inherent embarrassments have been added others resulting from + the course of our legislation concerning it. + </p> + <p> + I have heretofore communicated freely with Congress upon this + subject, and in adverting to it again I can not refrain from + expressing my increased conviction of its extreme importance + as well in regard to its bearing upon the maintenance of the + Constitution and the prudent management of the public revenue + as on account of its disturbing effect upon the harmony of + the Union. + </p> + <p> + We are in no danger from violations of the Constitution by + which encroachments are made upon the personal rights of the + citizen. The sentence of condemnation long since pronounced + by the American people upon acts of that character will, I + doubt not, continue to prove as salutary in its effects as it + is irreversible in its nature. But against the dangers of + unconstitutional acts which, instead of menacing the + vengeance of offended authority, proffer local advantages and + bring in their train the patronage of the Government, we are, + I fear, not so safe. To suppose that because our Government + has been instituted for the benefit of the people it must + therefore have the power to do whatever may seem to conduce + to the public good is an error into which even honest minds + are too apt to fall. In yielding themselves to this fallacy + they overlook the great considerations in which the Federal + Constitution was founded. They forget that in consequence of + the conceded diversities in the interest and condition of the + different States it was foreseen at the period of its + adoption that although a particular measure of the Government + might be beneficial and proper in one State it might be the + reverse in another; that it was for this reason the States + would not consent to make a grant to the Federal Government + of the general and usual powers of government, but of such + only as were specifically enumerated, and the probable + effects of which they could, as they thought, safely + anticipate; and they forget also the paramount obligation + upon all to abide by the compact then so solemnly and, as it + was hoped, so firmly established. In addition to the dangers + to the Constitution springing from the sources I have stated, + there has been one which was perhaps greater than all. I + allude to the materials which this subject has afforded for + sinister appeals to selfish feelings, and the opinion + heretofore so extensively entertained of its adaptation to + the purposes of personal ambition. With such stimulants it is + not surprising that the acts and pretensions of the Federal + Government in this behalf should sometimes have been carried + to an alarming extent. The questions which have arisen upon + this subject have related— + </p> + <p> + First. To the power of making internal improvements within + the limits of a State, with the right of territorial + jurisdiction, sufficient at least for their preservation and + use. + </p> + <p> + Second. To the right of appropriating money in aid of such + works when carried on by a State or by a company in virtue of + State authority, surrendering the claim of jurisdiction; and + </p> + <p> + Third. To the propriety of appropriation for improvements of + a particular class, viz, for light-houses, beacons, buoys, + public piers, and for the removal of sand bars, sawyers, and + other temporary and partial impediments in our navigable + rivers and harbors. + </p> + <p> + The claims of power for the General Government upon each of + these points certainly present matter of the deepest + interest. The first is, however, of much the greatest + importance, inasmuch as, in addition to the dangers of + unequal and improvident expenditures of public moneys common + to all, there is superadded to that the conflicting + jurisdictions of the respective governments. Federal + jurisdiction, at least to the extent I have stated, has been + justly regarded by its advocates as necessarily appurtenant + to the power in question, if that exists by the Constitution. + That the most injurious conflicts would unavoidably arise + between the respective jurisdictions of the State and Federal + Governments in the absence of a constitutional provision + marking out their respective boundaries can not be doubted. + The local advantages to be obtained would induce the States + to overlook in the beginning the dangers and difficulties to + which they might ultimately be exposed. The powers exercised + by the Federal Government would soon be regarded with + jealousy by the State authorities, and originating as they + must from implication or assumption, it would be impossible + to affix to them certain and safe limits. Opportunities and + temptations to the assumption of power incompatible with + State sovereignty would be increased and those barriers which + resist the tendency of our system toward consolidation + greatly weakened. The officers and agents of the General + Government might not always have the discretion to abstain + from intermeddling with State concerns, and if they did they + would not always escape the suspicion of having done so. + Collisions and consequent irritations would spring up; that + harmony which should ever exist between the General + Government and each member of the Confederacy would be + frequently interrupted; a spirit of contention would be + engendered and the dangers of disunion greatly multiplied. + </p> + <p> + Yet we all know that notwithstanding these grave objections + this dangerous doctrine was at one time apparently proceeding + to its final establishment with fearful rapidity. The desire + to embark the Federal Government in works of internal + improvement prevailed in the highest degree during the first + session of the first Congress that I had the honor to meet in + my present situation. When the bill authorizing a + subscription on the part of the United States for stock in + the Maysville and Lexington Turnpike Company passed the two + Houses, there had been reported by the Committees of Internal + Improvements bills containing appropriations for such + objects, inclusive of those for the Cumberland road and for + harbors and light-houses, to the amount of $106,000,000. In + this amount was included authority to the Secretary of the + Treasury to subscribe for the stock of different companies to + a great extent, and the residue was principally for the + direct construction of roads by this Government. In addition + to these projects, which had been presented to the two Houses + under the sanction and recommendation of their respective + Committees on Internal Improvements, there were then still + pending before the committees, and in memorials to Congress + presented but not referred, different projects for works of a + similar character, the expense of which can not be estimated + with certainty, but must have exceeded $100,000,000. + </p> + <p> + Regarding the bill authorizing a subscription to the stock of + the Maysville and Lexington Turnpike Company as the entering + wedge of a system which, however weak at first, might soon + become strong enough to rive the bands of the Union asunder, + and believing that if its passage was acquiesced in by the + Executive and the people there would no longer be any + limitation upon the authority of the General Government in + respect to the appropriation of money for such objects, I + deemed it an imperative duty to withhold from it the + Executive approval. Although from the obviously local + character of that work I might well have contented myself + with a refusal to approve the bill upon that ground, yet + sensible of the vital importance of the subject, and anxious + that my views and opinions in regard to the whole matter + should be fully understood by Congress and by my + constituents, I felt it my duty to go further. I therefore + embraced that early occasion to apprise Congress that in my + opinion the Constitution did not confer upon it the power to + authorize the construction of ordinary roads and canals + within the limits of a State and to say, respectfully, that + no bill admitting such a power could receive my official + sanction. I did so in the confident expectation that the + speedy settlement of the public mind upon the whole subject + would be greatly facilitated by the difference between the + two Houses and myself, and that the harmonious action of the + several departments of the Federal Government in regard to it + would be ultimately secured. + </p> + <p> + So far, at least, as it regards this branch of the subject, + my best hopes have been realized. Nearly four years have + elapsed, and several sessions of Congress have intervened, + and no attempt within my recollection has been made to induce + Congress to exercise this power. The applications for the + construction of roads and canals which were formerly + multiplied upon your files are no longer presented, and we + have good reason to infer that the current of public + sentiment has become so decided against the pretension as + effectually to discourage its reassertion. So thinking, I + derive the greatest satisfaction from the conviction that + thus much at least has been secured upon this important and + embarrassing subject. + </p> + <p> + From attempts to appropriate the national funds to objects + which are confessedly of a local character we can not, I + trust, have anything further to apprehend. My views in regard + to the expediency of making appropriations for works which + are claimed to be of a national character and prosecuted + under State authority—assuming that Congress have the + right to do so—were stated in my annual message to + Congress in 1830, and also in that containing my objections + to the Maysville road bill. + </p> + <p> + So thoroughly convinced am I that no such appropriations + ought to be made by Congress until a suitable constitutional + provision is made upon the subject, and so essential do I + regard the point to the highest interests of our country, + that I could not consider myself as discharging my duty to my + constituents in giving the Executive sanction to any bill + containing such an appropriation. If the people of the United + States desire that the public Treasury shall be resorted to + for the means to prosecute such works, they will concur in an + amendment of the Constitution prescribing a rule by which the + national character of the works is to be tested, and by which + the greatest practicable equality of benefits may be secured + to each member of the Confederacy. The effects of such a + regulation would be most salutary in preventing unprofitable + expenditures, in securing our legislation from the pernicious + consequences of a scramble for the favors of Government, and + in repressing the spirit of discontent which must inevitably + arise from an unequal distribution of treasures which belong + alike to all. + </p> + <p> + There is another class of appropriations for what may be + called, without impropriety, internal improvements, which + have always been regarded as standing upon different grounds + from those to which I have referred. I allude to such as have + for their object the improvement of our harbors, the removal + of partial and temporary obstructions in our navigable + rivers, for the facility and security of our foreign + commerce. The grounds upon which I distinguished + appropriations of this character from others have already + been stated to Congress. I will now only add that at the + first session of Congress under the new Constitution it was + provided by law that all expenses which should accrue from + and after the 15th day of August, 1789, in the necessary + support and maintenance and repairs of all light-houses, + beacons, buoys, and public piers erected, placed, or sunk + before the passage of the act within any bay, inlet, harbor, + or port of the United States, for rendering the navigation + thereof easy and safe, should be defrayed out of the Treasury + of the United States, and, further, that it should be the + duty of the Secretary of the Treasury to provide by + contracts, with the approbation of the President, for + rebuilding when necessary and keeping in good repair the + light-houses, beacons, buoys, and public piers in the several + States, and for furnishing them with supplies. Appropriations + for similar objects have been continued from that time to the + present without interruption or dispute. As a natural + consequence of the increase and extension of our foreign + commerce, ports of entry and delivery have been multiplied + and established, not only upon our seaboard, but in the + interior of the country upon our lakes and navigable rivers. + The convenience and safety of this commerce have led to the + gradual extension of these expenditures; to the erection of + light-houses, the placing, planting, and sinking of buoys, + beacons, and piers, and to the removal of partial and + temporary obstructions in our navigable rivers and in the + harbors upon our Great Lakes as well as on the seaboard. + Although I have expressed to Congress my apprehension that + these expenditures have sometimes been extravagant and + disproportionate to the advantages to be derived from them, I + have not felt it to be my duty to refuse my assent to bills + containing them, and have contented myself to follow in this + respect in the footsteps of all my predecessors. Sensible, + however, from experience and observation of the great abuses + to which the unrestricted exercise of this authority by + Congress was exposed, I have prescribed a limitation for the + government of my own conduct by which expenditures of this + character are confined to places below the ports of entry or + delivery established by law. I am very sensible that this + restriction is not as satisfactory as could be desired, and + that much embarrassment may be caused to the executive + department in its execution by appropriations for remote and + not well-understood objects. But as neither my own + reflections nor the lights which I may properly derive from + other sources have supplied me with a better, I shall + continue to apply my best exertions to a faithful application + of the rule upon which it is founded. I sincerely regret that + I could not give my assent to the bill entitled "An act to + improve the navigation of the Wabash River;" but I could not + have done so without receding from the ground which I have, + upon the fullest consideration, taken upon this subject, and + of which Congress has been heretofore apprised, and without + throwing the subject again open to abuses which no good + citizen entertaining my opinions could desire. + </p> + <p> + I rely upon the intelligence and candor of my + fellow-citizens, in whose liberal indulgence I have already + so largely participated, for a correct appreciation of my + motives in interposing as I have done on this and other + occasions checks to a course of legislation which, without in + the slightest degree calling in question the motives of + others, I consider as sanctioning improper and + unconstitutional expenditures of public treasure. + </p> + <p> + I am not hostile to internal improvements, and wish to see + them extended to every part of the country. But I am fully + persuaded, if they are not commenced in a proper manner, + confined to proper objects, and conducted under an authority + generally conceded to be rightful, that a successful + prosecution of them can not be reasonably expected. The + attempt will meet with resistance where it might otherwise + receive support, and instead of strengthening the bonds of + our Confederacy it will only multiply and aggravate the + causes of disunion. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES + </h2> + <p class="r"> + WASHINGTON, <i>December 4, 1834</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I transmit to Congress a communication addressed to me by M. + George Washington Lafayette, accompanying a copy of the + Declaration of Independence engraved on copper, which his + illustrious father bequeathed to Congress to be placed in + their library as a last tribute of respect, patriotic love, + and affection for his adopted country. + </p> + <p> + I have a mournful satisfaction in transmitting this precious + bequest of that great and good man who through a long life, + under many vicissitudes and in both hemispheres, sustained + the principles of civil liberty asserted in that memorable + Declaration, and who from his youth to the last moment of his + life cherished for our beloved country the most generous + attachment. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + The bequest accompanies the message to the House of + Representatives. + </p> + <p class="r"> + A.J. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + PARIS, <i>June 15, 1834</i>. + </p> + <p> + SIR: A great misfortune has given me more than one solemn and + important duty to fulfill, and the ardent desire of + accomplishing with fidelity my father's last will emboldens + me to claim the patronage of the President of the United + States and his benevolent intervention when I am obliged + respectfully and mournfully to address the Senate and + Representatives of a whole nation. + </p> + <p> + Our forever beloved parent possessed a copper plate on which + was inscribed the first engraved copy of the American + Declaration of Independence, and his last intention in + departing this world was that the precious plate should be + presented to the Congress of the United States, to be + deposited in their library as a last tribute of respect, + patriotic love, and affection for his adopted country. + </p> + <p> + Will it be permitted to me, a faithful disciple of that + American school whose principles are so admirably exposed in + that immortal Declaration, to hope that you, sir, would do me + the honor to communicate this letter to both Houses of + Congress at the same time that in the name of his afflicted + family you would present to them my venerated father's gift? + </p> + <p> + In craving such an important favor, sir, the son of General + Lafayette, the adopted grandson of Washington, knows and + shall never forget that he would become unworthy of it if he + was ever to cease to be a French and American patriot. With + the utmost respect, I am, sir, your devoted and obedient + servant, + </p> + <p class="r"> + GEORGE W. LAFAYETTE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 10, 1834</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + The joint resolutions of Congress unanimously expressing + their sensibility on the intelligence of the death of General + Lafayette were communicated, in compliance with their will, + to George Washington Lafayette and the other members of the + family of that illustrious man. By their request I now + present the heartfelt acknowledgments of the surviving + descendants of our beloved friend for that highly valued + proof of the sympathy of the United States. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 27, 1834</i>. + </p> + <p> + GEORGE WASHINGTON LAFAYETTE AND THE OTHER MEMBERS OF THE + FAMILY OF THE LATE GENERAL LAFAYETTE: + </p> + <p> + In compliance with the will of Congress, I transmit to you + the joint resolutions of the two Houses unanimously + expressing the sensibility with which they received the + intelligence of the death of "General Lafayette, the friend + of the United States, the friend of Washington, and the + friend of liberty;" and I also assure you of the condolence + of this whole nation in the irreparable bereavement which by + that event you have sustained. + </p> + <p> + In complying with the request of Congress I can not omit the + occasion of offering you my own condolence in the great loss + you have sustained, and of expressing my admiration of the + eminent virtues of the distinguished patriot whom it has + pleased Providence to remove to his high reward. + </p> + <p> + I also pray you to be persuaded that your individual welfare + and prosperity will always be with me objects of that + solicitude which the illustrious services of the great friend + and benefactor of my country are calculated to awaken. + </p> + <p class="r"> + ANDREW JACKSON,<br> + <i>President of the United States</i>. + </p> + <p> + + </p> + <p> + RESOLUTION manifesting the sensibility of the two Houses of + Congress and of the nation on the occasion of the decease of + General Lafayette. + </p> + <p> + <i>Resolved by the Senate and House of Representatives of the + United States of America in Congress assembled</i>, That the + two Houses of Congress have received with the profoundest + sensibility intelligence of the death of General Lafayette, + the friend of the United States, the friend of Washington, + and the friend of liberty. + </p> + <p> + <i>And be it further resolved</i>, That the sacrifices and + efforts of this illustrious person in the cause of our + country during her struggle for independence, and the + affectionate interest which he has at all times manifested + for the success of her political institutions, claim from the + Government and people of the United States an expression of + condolence for his loss, veneration for his virtues, and + gratitude for his services. + </p> + <p> + <i>And be it further resolved</i>, That the President of the + United States be requested to address, together with a copy + of the above resolutions, a letter to George Washington + Lafayette and the other members of his family, assuring them + of the condolence of this whole nation in their irreparable + bereavement. + </p> + <p> + <i>And be it further resolved</i>, That the members of the + two Houses of Congress will wear a badge of mourning for + thirty days, and that it be recommended to the people of the + United States to wear a similar badge for the same period. + </p> + <p> + <i>And be it further resolved</i>, That the halls of the + Houses be dressed in mourning for the residue of the session. + </p> + <p> + <i>And be it further resolved</i>, That John Quincy Adams be + requested to deliver an oration on the life and character of + General Lafayette before the two Houses of Congress at the + next session. + </p> + <p class="r"> + JNO. BELL,<br> + <i>Speaker of the House of Representatives</i>. + </p> + <p class="r"> + M. VAN BUREN,<br> + <i>Vice-President of the United States and President of the + Senate</i>. + </p> + <p> + Approved, June 26, 1834. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + LA GRANGE, <i>October 21, 1834</i>. + </p> + <p> + SIR: The resolution of Congress communicated to me by your + honored favor of the 27th of June, that glorious testimony of + American national affection for my beloved and venerated + father, has been received by his family with the deepest + sense of the most respectful and, give me leave to say, + filial gratitude. + </p> + <p> + And now, sir, that we experience the benefits of such a high + and soothing sympathy, we find ourselves called to the honor + of addressing to the people and Congress of the United States + our heartfelt and dutiful thanks. + </p> + <p> + Sir, you were the friend of my father, and the kind letter + which accompanied the precious message seems to be for us a + sufficient authorization to our claiming once more your + honorable assistance for the accomplishment of a duty dear to + our hearts. We most fervently wish that the homage of our + everlasting devotion to a nation whose tears have deigned to + mingle with ours should be offered to both Houses of + Congress. Transmitted by you, sir, that homage shall be + rendered acceptable, and we earnestly pray you, sir, to + present it in our name. Our gratitude shall be forever + adequate to the obligation. + </p> + <p> + The resolution which so powerfully honors my father's memory + shall be deposited as a most sacred family property in that + room of mourning where once his son and grandsons used to + receive with avidity from him lessons of patriotism and + active love of liberty. There the daily contemplation of it + will more and more impress their minds with that encouraging + conviction that the affection and esteem of a free nation is + the most desirable reward that can be obtained on earth. + </p> + <p> + With the utmost respect, sir, I have the honor to be, your + devoted and obedient servant, + </p> + <p class="r"> + GEORGE W. LAFAYETTE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 12, 1834</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 10th instant, calling for any + information which the President may possess respecting the + burning of the building occupied by the Treasury Department + in the year 1833, I transmit herewith the papers containing + the inquiry into the cause of that disaster, which was + directed and made soon after its occurrence. + </p> + <p> + Accompanying this inquiry I also transmit a particular report + from Mr. McLane, who was then Secretary of the Treasury, + stating all the facts relating to the subject which were + within the knowledge of the officers of the Department and + such losses of records and papers as were ascertained to have + been sustained. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit herewith, for the consideration of the Senate, + papers showing the terms on which the united tribes of the + Chippewas, Ottawas, and Potawatamies are willing to accede to + the amendments contained in the resolution of the Senate of + the 22d of May last, ratifying conditionally the treaty which + had been concluded with them on the 26th day of September, + 1833. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + DECEMBER 15, 1834. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 27, 1834</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate a report from the Secretary of + State, together with the papers relative to the execution of + the treaty of the 4th of July, 1831, between the United + States and France, requested by their resolution of the + —— instant. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 27, 1834</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House a report from the Secretary of State, + together with the papers relating to the refusal of the + French Government to make provision for the execution of the + treaty between the United States and France concluded on the + 4th July, 1831, requested by their resolution of the 24th + instant. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, December 27, 1834</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + The Secretary of State, to whom has been referred the + resolution of the House of Representatives of the 24th + instant, requesting the President of the United States "to + communicate to the House, if not in his opinion incompatible + with the public interest, any communications or + correspondence which may have taken place between our + minister at Paris and the French Government, or between the + minister from France to this Government and the Secretary of + State, on the subject of the refusal of the French Government + to make provision for the execution of the treaty concluded + between the United States and France on the 4th July, 1831," + has the honor of reporting to the President copies of the + papers desired by that resolution. + </p> + <p> + It will be perceived that no authority was given to either of + the chargés d'affaires who succeeded Mr. Rives to + enter into any correspondence with the French Government in + regard to the merits of the convention, or in relation to its + execution, except to urge the prompt delivery of the papers + stipulated for in the sixth article and to apprise that + Government of the arrangement made for receiving payment of + the first installment. + </p> + <p> + All which is respectfully submitted. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 5, 1835</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In answer to the resolution of the House of Representatives + passed on the 24th ultimo, I transmit a report<a href= + "#note-10">10</a> from the Secretary of State upon the + subject. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 6, 1835</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In answer to a resolution of the House of Representatives + passed on the 27th ultimo, I transmit a report made to me by + the Secretary of State on the subject; and I have to acquaint + the House that the negotiation for the settlement of the + northeastern boundary being now in progress, it would, in my + opinion, be incompatible with the public interest to lay + before the House any communications which have been had + between the two Governments since the period alluded to in + the resolution. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 13, 1835</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with the resolution of the House of the 8th + instant, requesting "copies of every circular or letter of + instruction emanating from the Treasury or War Departments + since the 30th day of June last, and addressed to either the + receiving or the disbursing officers stationed in States + wherein land offices are established or public works are + constructing under the authority of Congress," I transmit + herewith reports from the Secretaries of the Treasury and War + Departments, containing the information sought for. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 13, 1835</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I have received the resolution of the Senate of the 9th + instant, requesting me to communicate "a copy of any report + made by any director or directors of the Bank of the United + States appointed by the Government, purporting to give + information to the Executive of certain notes and bills of + exchange discounted at the Bank of the United States for + account and benefit of George Poindexter, a member of the + Senate; also the name or names of such director or + directors." + </p> + <p> + In my replies to the resolutions of the Senate of the 11th + December, 1833, and of 12th of June, 1834, the former passed + in their legislative and the latter in their executive + capacity, I had occasion to state the objections to requests + of this nature, and to vindicate in this respect the + constitutional rights of the executive department. The views + then expressed remain unchanged, and as I think them + peculiarly applicable to the present occasion I should feel + myself required to decline any reply to the resolution before + me were there not reason to apprehend that persons now in + nomination before the Senate might possibly by such a course + be exposed to improper and injurious imputations. + </p> + <p> + The resolution of the Senate, standing alone, would seem to + be adopted with the view of obtaining information in regard + to the transactions which may have been had between a + particular member of the Senate and the Bank of the United + States. It can, however, scarcely be supposed that such was + its object, inasmuch as the Senate have it in their power to + obtain any information they may desire on this subject from + their own committee, who have been freely allowed, as appears + by their published report, to make examinations of the books + and proceedings of the bank, peremptorily denied to the + Government directors, and not even allowed to the committee + of the House of Representatives. It must therefore be + presumed that the resolution has reference to some other + matter, and on referring to the Executive Journal of the + Senate I find therein such proceedings as in my judgment + fully to authorize the apprehension stated. + </p> + <p> + Under these circumstances, and for the purpose of preventing + misapprehension and injustice, I think it proper to + communicate herewith a copy of the only report made to me by + any director or directors of the Bank of the United States + appointed by the Government, since the report of the 19th of + August, 1833, which is already in the possession of the + Senate. It will be perceived that the paper herewith + transmitted contains no information whatever as to the + discounting of notes or bills of exchange for the account and + benefit of the member of the Senate named in their + resolution, nor have I at any time received from the + Government directors any report purporting to give any such + information. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 29, 1835</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives a + report<a href="#note-11">11</a> from the Secretary of + State, upon the subject of a resolution of the 22d + instant, which was referred to that officer, together with + the papers referred to in the said report. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 30, 1835</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + With, reference to the claim of the granddaughters of the + Marshal de Rochambeau, and in addition to the papers formerly + communicated relating to the same subject, I now transmit to + the House of Representatives, for their consideration, a + memorial to the Congress of the United States from the + Countess d'Ambrugeac and the Marquise de la Gorée, + together with the letter which accompanied it. Translations + of these documents are also sent. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 6, 1835</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I submit to Congress a report from the Secretary of War, + containing the evidence of certain claims to reservations + under the fourteenth article of the treaty of 1830 with the + Choctaws, which the locating agent has reserved from sale in + conformity with instructions from the President, who did not + consider himself authorized to direct their location. + </p> + <p> + Should Congress consider the claims just, it will be proper + to pass a law authorizing their location, or satisfying them + in some other way. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 6, 1835</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives a report of the + Secretary of State, accompanied with extracts from certain + dispatches received from the minister of the United States at + Paris, which are communicated in compliance with a resolution + of the House of the 31st ultimo. Being of opinion that the + residue of the dispatches of that minister can not at present + be laid before the House consistently with the public + interest, I decline transmitting them. In doing so, however, + I deem proper to state that whenever any communication shall + be received exhibiting any change in the condition of the + business referred to in the resolution information will be + promptly transmitted to Congress. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 5, 1835</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + The Secretary of State, to whom has been referred the + resolution of the House of Representatives of the 31st + ultimo, requesting the President "to communicate to that + House, if not incompatible with the public interest, any + correspondence with the Government of France and any + dispatches received from the minister of the United States at + Paris, not hitherto communicated to the House, in relation to + the failure of the French Government to carry into effect any + stipulation of the treaty of the 4th day of July, 1831," has + the honor to report to the President that as far as is known + to the Department no correspondence has taken place with the + Government of France since that communicated to the House on + the 27th December last. The Secretary is not aware that the + dispatches received from the minister of the United States at + Paris present any material fact which does not appear in the + correspondence already transmitted. He nevertheless incloses + so much of those dispatches written subsequently to the + commencement of the present session of the French Chambers as + may serve to shew the state of the business to which they + relate since that time, and also that portion of an early + dispatch which contains the substance of the assurances made + to him by His Majesty the King of the French at a formal + audience granted to him for the purpose of presenting his + credentials, and he submits for the President's consideration + whether the residue can consistently with the public interest + be now laid before the House. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to the Secretary of State of the United + States</i>. + </center> + <center> + [Extracts.] + </center> + <p class="r"> + PARIS, <i>October 4, 1833</i>. + </p> + <p> + SIR: On Monday I presented my letter of credence to the King, + on which occasion I made the address to him a copy of which + is inclosed. + </p> + <hr> + <p> + His answer was long and earnest. I can not pretend to give + you the words of it, but in substance it was a warm + expression of his good feeling toward the United States for + the hospitality he had received there, etc. ... "As to the + convention," he said, "assure your Government that + unavoidable circumstances alone prevented its immediate + execution, but it will be faithfully performed. Assure your + Government of this," he repeated, "the necessary laws will be + passed at the next meeting of the Chambers. I tell you this + not only as King, but as an individual whose promise will be + fulfilled." + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to the Secretary of State</i>. + </center> + <center> + [Extracts.] + </center> + <p class="r"> + PARIS, <i>November 22, 1834</i>. + </p> + <hr> + <p> + I do not hope for any decision on our affairs before the + middle of January. One motive for delay is an expectation + that the message of the President may arrive before the + discussion, and that it may contain something to show a + strong national feeling on the subject. <i>This is not mere + conjecture; I know the fact</i>. And I repeat now from a full + knowledge of the case what I have more than once stated in my + former dispatches as my firm persuasion, that the moderate + tone taken by our Government when the rejection was first + known was attributed by some to indifference or to a + conviction on the part of the President that he would not be + supported in any strong measure by the people, and by others + to a consciousness that the convention had given us more than + we were entitled to ask. + </p> + <hr> + <p> + I saw last night an influential member of the Chamber, who + told me that, ... and that the King had spoken of our affairs + and appeared extremely anxious to secure the passage of the + law. I mention this as one of the many circumstances which, + independent of official assurances, convince me that the King + is sincere, and now I have no doubt of the sincerity of his + cabinet. From all this you may imagine the anxiety I shall + feel for the arrival of the President's message. On its tone + will depend very much, not only the payment of our claims, + but our national reputation for energy. I have no doubt it + will be such as to attain both of these important objects. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to Mr. Forsyth</i>. + </center> + <center> + [Extract.] + </center> + <p class="r"> + PARIS, <i>December 6, 1834</i>. + </p> + <hr> + <p> + The Chambers were convened on the 1st instant under very + exciting circumstances, the ministers individually and the + papers supposed to speak their language having previously + announced a design to enter into a full explanation of their + conduct, to answer all interrogations, and place their + continuance in office on the question of approval by the + Chambers of their measures. + </p> + <p> + This, as you will see by the papers, they have frankly and + explicitly done, and after a warm debate of two days, which + has just closed, they have gained a decided victory. This + gives them confidence, permanence, and, I hope, influence + enough to carry the treaty. I shall now urge the presentation + of the law at as early a day as possible, and although I do + not yet feel very certain of success, my hopes of it are + naturally much increased by the vote of this evening. The + conversations I have had with the King and with all the + ministers convince me that now they are perfectly in earnest + and united on the question, and that it will be urged with + zeal and ability. + </p> + <p> + Many of the deputies, too, with whom I have entered into + explanations on the subject, seem now convinced that the + interest as well as the honor of the nation requires the + fulfillment of their engagements. This gives me hopes that + the endeavors I shall continue to make without ceasing until + the question is decided may be successful. + </p> + <p> + The intimation I have conceived myself authorized to make of + the serious consequences that may be expected from another + rejection of the law, and of the firm determination of our + Government to admit of no reduction or change in the treaty, + I think has had an effect. On the whole, I repeat that + without being at all confident I now entertain better hopes + than I have for some time past done. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to the Secretary of State</i>. + </center> + <center> + [Extracts.] + </center> + <p class="r"> + PARIS, <i>December 22, 1834</i>. + </p> + <p> + Hon. JOHN FORSYTH,<br> + <i>Secretary of State, etc.</i> + </p> + <p> + SIR: Our diplomatic relations with this Government are on the + most extraordinary footing. With the executive branch I have + little to discuss, for they agree with me in every material + point on the subject of the treaty. With the legislature, + where the great difficulty arises, I can have no official + communication. Yet, deeply impressed with the importance to + my fellow-citizens of securing the indemnity to which they + are entitled, and to the country of enforcing the execution + of engagements solemnly made to it, as well as of preventing + a rupture, which must infallibly follow the final refusal to + execute the convention, I have felt it a duty to use every + proper endeavor to avoid this evil. This has been and + continues to be a subject of much embarrassment. + </p> + <hr> + <p> + My last dispatch (6th December) was written immediately after + the vote of the Chamber of Deputies had, as it was thought, + secured a majority to the administration, and it naturally + excited hopes which that supposition was calculated to + inspire. I soon found, however, both from the tone of the + administration press and from the language of the King and + all the ministers with whom I conferred on the subject, that + they were not willing to put their popularity to the test on + our question. + </p> + <p> + It will not be made one on the determination of which the + ministers are willing to risk their portfolios. The very next + day after the debate the ministerial gazette (Les + Débats) declared that, satisfied with the approbation + the Chamber had given to their system, it was at perfect + liberty to exercise its discretion as to particular measures + which do not form <i>an essential part of that system</i>; + and the communications I subsequently had with the King and + the ministers confirmed me in the opinion that the law for + executing our convention was to be considered as one of those + free questions. I combated this opinion, and asked whether + the faithful observance of treaties was not <i>an essential + part of their</i> system, and, if so, whether it did not come + within their rule. Without answering this argument, I was + told of the endeavors they were making to secure the passage + of the law by preparing the statement<a href= + "#note-12">12</a> mentioned in my former dispatch. This, it + is said, is nearly finished, and from what I know of its + tenor it will produce all the effect that truth and justice + can be expected to have on prejudice and party spirit. + </p> + <p> + The decision not to make it a cabinet question will not be + without its favorable operation; ... some of the leaders of + the opposition, who may not be willing to take the + responsibility of a rupture between the two nations by + breaking the treaty, when they are convinced that instead of + forcing the ministers to resign they will themselves only + incur the odium of having caused the national breach. In this + view of the subject I shall be much aided if by the tenor of + the President's message it is seen that we shall resent the + breach of faith they contemplate. + </p> + <p> + It is on all hands conceded that it would be imprudent to + press the decision before the next month, when the exposition + will be printed and laid before the Chambers. + </p> + <hr> + <p> + On the whole, I am far from being sanguine of success in the + endeavors which I shall not cease to make for the + accomplishment of this important object of my mission, and I + expect with some solicitude the instructions for my conduct + in the probable case of a rejection of the law. + </p> + <p> + I have the honor to be, etc., + </p> + <p class="r"> + EDW. LIVINGSTON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 10, 1835</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I have received the resolution of the Senate of the 2d + instant, requesting me to communicate copies of the charges, + if any, which may have been made to me against the official + conduct of Gideon Fitz, late surveyor-general south of the + State of Tennessee, which caused his removal from office. + </p> + <p> + The resolution is preceded by a preamble which alleges as + reasons for this request that the causes which may have + produced the removal of the officer referred to may contain + information necessary to the action of the Senate on the + nomination of his successor and to the investigation now in + progress respecting the frauds in the sales of the public + lands. + </p> + <p> + This is another of those calls for information made upon me + by the Senate which have, in my judgment, either related to + the subjects exclusively belonging to the executive + department or otherwise encroached on the constitutional + powers of the Executive. Without conceding the right of the + Senate to make either of these requests, I have yet, for the + various reasons heretofore assigned in my several replies, + deemed it expedient to comply with several of them. It is + now, however, my solemn conviction that I ought no longer, + from any motive nor in any degree, to yield to these + unconstitutional demands. Their continued repetition imposes + on me, as the representative and trustee of the American + people, the painful but imperious duty of resisting to the + utmost any further encroachment on the rights of the + Executive. This course is especially due to the present + resolution. The President in cases of this nature possesses + the exclusive power of removal from office, and, under the + sanctions of his official oath and of his liability to + impeachment, he is bound to exercise it whenever the public + welfare shall require. If, on the other hand, from corrupt + motives he abuses this power, he is exposed to the same + responsibilities. On no principle known to our institutions + can he be required to account for the manner in which he + discharges this portion of his public duties, save only in + the mode and under the forms prescribed by the Constitution. + The suggestion that the charges a copy of which is requested + by the Senate "may contain information necessary to their + action" on a nomination now before them can not vary the + principle. There is no necessary connection between the two + subjects, and even if there were the Senate have no right to + call for that portion of these matters which appertains to + the separate and independent action of the Executive. The + intimation that these charges may also be necessary "to the + investigation now in progress respecting frauds in the sales + of public lands" is still more insufficient to authorize the + present call. Those investigations were instituted and have + thus far been conducted by the Senate in their legislative + capacity, and with the view, it is presumed, to some + legislative action. If the President has in his possession + any information on the subject of such frauds, it is his duty + to communicate it to Congress, and it may undoubtedly be + called for by either House sitting in its legislative + capacity, though even from such a call all matters properly + belonging to the exclusive duties of the President must of + necessity be exempted. + </p> + <p> + The resolution now before me purports to have been passed in + executive session, and I am bound to presume that if the + information requested therein should be communicated it would + be applied in secret session to "the investigation of frauds + in the sales of the public lands." But, if so applied, the + distinction between the executive and legislative functions + of the Senate would not only be destroyed, but the citizen + whose conduct is impeached would lose one of his valuable + securities, that which is afforded by a public investigation + in the presence of his accusers and of the witnesses against + him. Besides, a compliance with the present resolution would + in all probability subject the conduct and motives of the + President in the case of Mr. Fitz to the review of the Senate + when not sitting as judges on an impeachment, and even if + this consequence should not occur in the present case the + compliance of the Executive might hereafter be quoted as a + precedent for similar and repeated applications, + </p> + <p> + Such a result, if acquiesced in, would ultimately subject the + independent constitutional action of the Executive in a + matter of great national concernment to the domination and + control of the Senate; if not acquiesced in, it would lead to + collisions between coordinate branches of the Government, + well calculated to expose the parties to indignity and + reproach and to inflict on the public interest serious and + lasting mischief. + </p> + <p> + I therefore decline a compliance with so much of the + resolution of the Senate as requests "copies of the charges, + if any," in relation to Mr. Fitz, and in doing so must be + distinctly understood as neither affirming nor denying that + any such charges were made; but as the Senate may lawfully + call upon the President for information properly appertaining + to nominations submitted to them, I have the honor, in this + respect, to reply that I have none to give them in the case + of the person nominated as successor to Mr. Fitz, except that + I believe him, from sources entitled to the highest credit, + to be well qualified in abilities and character to discharge + the duties of the office in question. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 14, 1835</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I beg leave to call the attention of Congress to the + accompanying communication from the Secretary of War, from + which it appears that the "act for the relief of Benedict + Alford and Robert Brush," although signed and duly certified + by the proper officers as having passed the two Houses of + Congress at their last session, had not in fact obtained the + sanction of that body when it was presented to the President + for his approval. + </p> + <p> + Under these circumstances it is thought that the subject is + worthy of the consideration of Congress. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 16, 1835</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives, for their + consideration, a petition to the Congress of the United + States from Adelaide de Grasse de Grochamps, one of the + surviving daughters of the Count de Grasse, together with the + letter which accompanied it. Translations of these papers are + also sent. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 18, 1835</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + Since my message a few days ago relating to Choctaw + reservations other documents on the same subject have been + received from the locating agent, which are mentioned in the + accompanying report of the Secretary of War, and which I also + transmit herewith for the information and consideration of + Congress. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 21, 1835</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith, for the advice and consent of the Senate + as to the ratification of the same, four treaties for + Potawatamie reservations, concluded by General Marshall in + December last. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 25, 1835</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress a report from the Secretary of State, + with copies of all the letters received from Mr. Livingston + since the message to the House of Representatives of the 6th + instant, of the instructions given to that minister, and of + all the late correspondence with the French Government in + Paris or in Washington, except a note of Mr. Sérurier, + which, for the reasons stated in the report, is not now + communicated. + </p> + <p> + It will be seen that I have deemed it my duty to instruct Mr. + Livingston to quit France with his legation and return to the + United States if an appropriation for the fulfillment of the + convention shall be refused by the Chambers. + </p> + <p> + The subject being now in all its present aspects before + Congress, whose right it is to decide what measures are to be + pursued in that event, I deem it unnecessary to make further + recommendation, being confident that on their part everything + will be done to maintain the rights and honor of the country + which the occasion requires. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 25, 1835</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + The Secretary of State has the honor to submit to the + President copies of all the letters received from Mr. + Livingston since the message to the House of Representatives + of the 6th instant, of the instructions given to that + minister, and of all the late correspondence with the French + Government in Paris or in Washington, except the last note of + M. Sérurier, which it has been considered necessary to + submit to the Government of France before it is made public + or answered, that it may be ascertained whether some + exceptionable expressions are to be taken as the result of a + settled purpose in that Government or as the mere ebullition + of the minister's indiscretion. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to Mr. Forsyth</i>. + </center> + <center> + No. 70. + </center> + <p class="r"> + LEGATION OF THE UNITED STATES,<br> + <i>Paris, January 11, 1835</i>. + </p> + <p> + Hon. JOHN FORSYTH. + </p> + <p> + SIR: Believing that it would be important for me to receive + the dispatches you might think it necessary to send with the + President's message, I ventured on incurring the expense of a + courier to bring it to me as soon as it should arrive at + Havre. Mr. Beasley accordingly, on the arrival of the + <i>Sully</i>, dispatched a messenger with my letters received + by that vessel, and a New York newspaper containing the + message, but without any communication from the Department, + so that your No. 43 is still the last which I have to + acknowledge. The courier arrived at 2 o'clock on the morning + of the 8th. Other copies were the same morning received by + the estafette, and the contents, being soon known, caused the + greatest sensation, which as yet is, I think, + unfavorable—the few members of the opposition who would + have voted for the execution of the treaty now declaring that + they can not do it under the threat of reprisals, and the + great body of that party making use of the effect it has on + national pride to gain proselytes from the ministerial side + of the Chamber, in which I have no doubt they have in a great + degree for the time succeeded. + </p> + <p> + The ministers are aware of this, and will not, I think, + immediately urge the consideration of the law, as I have no + doubt they were prepared to do when the message arrived. + Should Congress propose commercial restrictions or determine + to wait to the end of the session before they act, this will + be considered as a vote against reprisals, and then the law + will be proposed and I think carried. But I ought not to + conceal from you that the excitement is at present very + great; that their pride is deeply wounded by what they call + an attempt to coerce them by threats to the payment of a sum + which they persist, in opposition to the plainest proof, in + declaring not to be due. This feeling is fostered by the + language of our opposition papers, particularly by the + Intelligencer and New York Courier, extracts from which have + been sent on by Americans, declaring them to be the + sentiments of a majority of the people. These, as you will + see, are translated and republished here, with such comments + as they might have been expected and undoubtedly were + intended to produce, and if hostilities should take place + between the two countries those persons may flatter + themselves with having the credit of a great share in + producing them. The only letter I have received from home is + from one of my family. This, to my great satisfaction, + informs me that the President will be supported by all + parties, and I am told that this is the language of some of + the opposition papers; but as they are not sent to the + legation I can not tell in what degree this support can be + depended upon. Whether the energetic language of the message + will be made the pretext with some or be the cause with + others among the deputies for rejecting the law can not, of + course, be yet conjectured with any great degree of + probability, but I think it will have a good effect. It has + certainly raised us in the estimation of other powers, if I + may judge from the demeanor of their representatives here, + and my own opinion is that as soon as the first excitement + subsides it will operate favorably on the counsels of France. + Already some of the journals begin to change their tone, and + I am much mistaken if the opposition here, finding that we + are in earnest, will incur the responsibility of a rupture + between the two nations, which they see must take place if + the treaty be rejected. The funds experienced a considerable + fall as soon as the message was known, and insurance rose. In + short, it has made them feel the commercial as well as + political importance of our country. + </p> + <p> + The Comte de Rigny had requested me to communicate the + message to him as soon as it should be received. This I + promised to do, and accordingly on the morning of the 8th, to + avoid any mistake as to the mode of making the communication, + I carried the paper to him myself, telling him that I had + received a gazette containing a paper said to be the message + of the President, which I delivered to him in compliance with + my promise; but I requested him to observe that it was not an + authentic paper, nor was it delivered in pursuance of + instructions, nor in my official character. I thought it, for + obvious reasons, necessary to be very explicit on this point, + and he properly understood me, as he had not yet read the + message. Little more passed at the interview, and I thought + of it, but not immediately, to seek another. I shall + probably, however, see him to-night, and shall then appoint + some time for a further conference, of which I will by this + same packet give you the result. + </p> + <p> + Mr. Middleton has just arrived from Madrid with the + inscriptions for the Spanish indemnity and a draft for the + first payment of interest. His instructions are, he says, to + leave them with me, but as I have heard nothing from the + Department I shall advise the depositing them with Rothschild + to wait the directions of the President. + </p> + <p> + The importance of obtaining the earliest intelligence at this + crisis of our affairs with France has induced me to direct + that my letters should be sent by the estafette from Havre, + and that if any important advice should be received at such + an hour in the day as would give a courier an advance of some + hours over the estafette, that a special messenger should be + dispatched with it. + </p> + <p> + I have the honor to be, very respectfully, sir, your most + obedient servant, + </p> + <p class="r"> + EDW. LIVINGSTON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to Mr. Forsyth</i>. + </center> + <center> + No. 71. + </center> + <p class="r"> + + </p> + <p class="r"> + LEGATION OF THE UNITED STATES,<br> + <i>Paris, January 14, 1835</i>. + </p> + <p> + Hon. JOHN FORSYTH. + </p> + <p> + SIR: The intended conference with the minister for foreign + affairs of which I spoke to you in my last (No. 70) took + place yesterday morning. I began it by expressing my regret + that a communication from the President to Congress had been + so much misrepresented in that part which related to France + as to be construed into a measure of hostilities. It was, I + said, part of a consultation between different members of our + Government as to the proper course to be pursued if the + legislative body of France should persevere in refusing to + provide the means of complying with a treaty formally made; + that the President, as was his duty, stated the facts truly + and in moderate language, without any irritating comment; + that in further pursuance of his official duty he declared + the different modes of redress which the law of nations + permitted in order to avoid hostilities, expressing, as he + ought to do, his reasons for preferring one of them; that in + all this there was nothing addressed to the French nation; + and I likened it to a proceeding well known in the French law + (a family council in which the concerns and interests are + discussed), but of which in our case the debates were + necessarily public; that a further elucidation of the nature + of this document might be drawn from the circumstance that no + instructions had been given to communicate it to the French + Government, and that if a gazette containing it had been + delivered it was at the request of his excellency, and + expressly declared to be a private communication, not an + official one. I further stated that I made this communication + without instructions, merely to counteract misapprehensions + and from an earnest desire to rectify errors which might have + serious consequences. I added that it was very unfortunate + that an earlier call of the Chambers had not been made in + consequence of Mr. Sérurier's promise, the + noncompliance with which was of a nature to cause serious + disquietude with the Government of the United States. I found + immediately that this was the part of the message that had + most seriously affected the King, for Comte de Rigny + immediately took up the argument, endeavoring to show that + the Government had acted in good faith, relying principally + on the danger of a second rejection had the Chambers been + called at an early day expressly for this object I replied by + repeating that the declaration made by Mr. Sérurier + was a positive and formal one, and that it had produced a + forbearance on the part of the President to lay the state of + the case before Congress. In this conference, which was a + long one, we both regretted that any misunderstanding should + interrupt the good intelligence of two nations having so many + reasons to preserve it and so few of conflicting interests. + He told me (what I knew before) that the exposition was + prepared, and that the law would have been presented the day + after that on which the message was received. He showed me + the document, read part of it to me, and expressed regret + that the language of the message prevented it being sent in. + I said that I hoped the excitement would soon subside and + give place to better feelings, in which I thought he joined + with much sincerity. It is perhaps necessary to add that an + allusion was made by me to the change of ministry in November + and the reinstatement of the present ministers, which I told + him I had considered as a most favorable occurrence, and that + I had so expressed myself in my communications to you, but + that this circumstance was unknown at Washington when the + message was delivered; and I added that the hopes of success + held out in the communication to which I referred and the + assurances it contained that the ministers would zealously + urge the adoption of the law might probably have imparted the + same hopes to the President and have induced some change in + the measure he had recommended, but that the formation of the + Dupin ministry, if known, must have had a very bad effect on + the President's mind, as many of that ministry were known to + be hostile to the treaty. + </p> + <p> + When I took leave the minister requested me to reflect on the + propriety of presenting a note of our conversation, which he + said should be formal or otherwise, as I should desire. I + told him I would do so, and inform him on the next morning by + 11 o'clock. We parted, as I thought, on friendly terms, and + in the evening, meeting him at the Austrian ambassador's, I + told him that on reflection I had determined to wait the + arrival of the packet of the 16th before I gave the note, to + which he made no objection. After all this you may judge of + my surprise when last night about 10 o'clock I received the + letter copy of which is inclosed, and which necessarily + closes my mission. In my reply I shall take care to throw the + responsibility of breaking up the diplomatic intercourse + between the countries where it ought to rest, and will not + fail to expose the misstatements which you will observe are + contained in the minister's note, both as respects my + Government and myself; but the late hour at which I received + the Comte de Rigny's note and the almost immediate departure + of the packet may prevent my sending you a copy of my + communication to him, which I shall use the utmost diligence + in preparing. + </p> + <p> + The law, it is said, will be presented to-day, and I have + very little doubt that it will pass. The ministerial phalanx, + reenforced by those of the opposition (and they are not a + few) who will not take the responsibility of involving the + country in the difficulties which they now see must ensue, + will be sufficient to carry the vote. The recall of + Sérurier and the notice to me are measures which are + resorted to to save the pride of the Government and the + nation. + </p> + <p> + I have the honor to be, very respectfully, sir, your most + obedient servant, + </p> + <p class="r"> + EDW. LIVINGSTON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>From Count de Rigny to Mr. Livingston</i>. + </center> + <center> + [Translation.] + </center> + <p class="r"> + DEPARTMENT OF FOREIGN AFFAIRS,<br> + <i>Paris, January 13, 1835</i>. + </p> + <p> + Hon. EDWARD LIVINGSTON, etc. + </p> + <p> + SIR: You have well comprehended the nature of the impressions + produced upon the King's Government by the message which His + Excellency President Jackson addressed on the 1st of December + to the Congress of the United States. Nothing certainly could + have prepared us for it. Even though the complaints expressed + in it had been as just as they are in reality unjust, we + should still have had a right to be astonished on receiving + the first communication of them in such a form. + </p> + <p> + In the explanations which I am now about to make I can not + enter upon the consideration of any facts other than those + occurring subsequently to the vote by which the last Chamber + of Deputies refused the appropriation necessary for the + payment stipulated in the treaty of July 4. However this vote + may have been regarded by the Government of the United + States, it is evident that by accepting (<i>accueillant</i>) + the promise of the King's Government to bring on a second + deliberation before the new legislature it had in fact + postponed all discussion and all recrimination on the subject + of this first refusal until another decision should have + either repealed or confirmed it. This postponement therefore + sets aside for the time all difficulties arising either + justly or unjustly from the rejection of the treaty or from + the delay by which it had been preceded; and although the + message begins by enumerating them, I think proper, in order + to confine myself to the matter in question, only to reply to + the imputations made on account of subsequent occurrences. + </p> + <p> + The reproaches which President Jackson considers himself + authorized to address to France may be summed up in a few + words. The King's Government promised to present the treaty + of July 4 again to the Chambers as soon as they could be + assembled. They were assembled on the 31st of July, and the + treaty has not yet been presented to them. Such is exactly + the whole substance of the President's argumentation, and + nothing can be easier than to refute it. + </p> + <p> + I may first observe that the assembling of the Chambers on + the 31st of July, in obedience to a legal prescription that + they should be called together within a stated period after a + dissolution of the Chamber of Deputies, was nothing more than + a piece of formality, and if President Jackson had attended + to the internal mechanism of our administrative system he + would have been convinced that the session of 1835 could not + have really commenced at that session of 1834. Everyone knew + beforehand that after a fortnight spent in the forms of + installation it would be adjourned. + </p> + <p> + The President of the United States considers that the bill + relative to the American claims should have been presented to + the Chamber within that fortnight. I can not understand the + propriety of this reproach. The bill was explicitly announced + in the speech from the throne on the very day on which the + Chambers met. This was all that was required to make known + the opinion and design of the Government, and to prevent that + species of moral proscription to which absolute silence would + have given authority. With regard to the mere act of + presentation so long before discussion could possibly take + place, this proceeding would have been so unusual and + extraordinary that it might have increased the unfavorable + prepossessions of the public, already too numerous, without + producing any real advantage in return. Above all, the result + which the President had in view, of being able to announce + the new vote of the Chamber of Deputies in his message, would + not have been attained. + </p> + <p> + President Jackson expresses his regrets that your + solicitations (<i>instances</i>) had not determined the + King's Government to call the Chambers together at an earlier + day. How soon soever they may have been called, the simplest + calculation will serve to shew that the discussions in our + Chambers could not have been known in the United States at + the opening of Congress, and the President's regret is + therefore unfounded. + </p> + <p> + Moreover, the same obstacles and the same administrative + reasons which rendered a real session impossible during the + months of July or August were almost equally opposed to its + taking place before the last weeks of the year. The head of a + government like that of the United States should be able to + comprehend more clearly than anyone else those moral + impossibilities which arise from the fixed character of the + principles of a constitutional régime, and to see that + in such a system the administration is subject to constant + and regular forms, from which no special interest, however + important, can authorize a deviation. + </p> + <p> + It is, then, evident that far from meriting the reproach of + failing to comply with its engagements, far from having + deferred, either voluntarily or from negligence, the + accomplishment of its promises, the King's Government, ever + occupied in the design of fulfilling them, was only arrested + for a moment by insurmountable obstacles. This appears from + the explanations now given, and I must add that the greater + part of them have already been presented by M. + Sérurier to the Government of the United States, which + by its silence seemed to acknowledge their full value. + </p> + <p> + It is worthy of remark that on the 1st of December, the day + on which President Jackson signed the message to Congress, + and remarked with severity that nearly a month was to elapse + before the assembling of the Chambers, they were in reality + assembled in virtue of a royal ordinance calling them + together at a period earlier than that first proposed. Their + assemblage was not indeed immediately followed by the + presentment of the bill relative to the American claims, but + you, sir, know better than any other person the causes of + this new delay. You yourself requested us not to endanger the + success of this important affair by mingling its discussion + with debates of a different nature, as their mere coincidence + might have the effect of bringing other influences into play + than those by which it should naturally be governed. By this + request, sir, you clearly shewed that you had with your + judicious spirit correctly appreciated the situation of + things and the means of advancing the cause which you were + called to defend. And permit me to add that the course which + you have thought proper to adopt on this point is the best + justification of that which we ourselves have for some months + been pursuing in obedience to the necessities inherent in our + political organization, and in order to insure as far as lies + in our power the success of the new attempt which we were + preparing to make in the Chamber. + </p> + <p> + However this may be, the King's Government, freed from the + internal difficulties the force of which you have yourself so + formally admitted, was preparing to present the bill for + giving sanction to the treaty of July 4, when the strange + message of December 1 came and obliged it again to deliberate + on the course which it should pursue. + </p> + <p> + The King's Government, though deeply wounded by imputations + to which I will not give a name, having demonstrated their + purely gratuitous character, still does not wish to retreat + absolutely from a determination already taken in a spirit of + good faith and justice. How great soever may be the + difficulties caused by the provocation which President + Jackson has given, and by the irritation which it has + produced in the public mind, it will ask the Chambers for an + appropriation of twenty-five millions in order to meet the + engagements of July 4; but at the same time His Majesty has + considered it due to his own dignity no longer to leave his + minister exposed to hear language so offensive to France. M. + Sérurier will receive orders to return to France. + </p> + <p> + Such, sir, are the determinations of which I am charged + immediately to inform you, in order that you may make them + known to the Government of the United States and that you may + yourself take those measures which may seem to you to be the + natural consequences of this communication. The passports + which you may desire are therefore at your disposition. + </p> + <p> + Accept, sir, the assurance of my high consideration. + </p> + <p class="r"> + DE RIGNY. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to Mr. Forsyth</i>. + </center> + <center> + No. 72. + </center> + <p class="r"> + LEGATION OF THE UNITED STATES,<br> + <i>Paris, January 15, 1835</i>. + </p> + <p> + SIR: Having determined to send Mr. Brown, one of the + gentlemen attached to the legation, to Havre with my + dispatches, I have just time to add to them the copy of the + note which I have sent to the Comte de Rigny. The course + indicated by it was adopted after the best reflections I + could give to the subject, and I hope will meet the + approbation of the President. My first impressions were that + I ought to follow my inclinations, demand my passports, and + leave the Kingdom. This would at once have freed me from a + situation extremely painful and embarrassing; but a closer + attention convinced me that by so doing I should give to the + French Government the advantage they expect to derive from + the equivocal terms of their note, which, as occasions might + serve, they might represent as a suggestion only, leaving + upon me the responsibility of breaking up the diplomatic + intercourse between the two countries if I demanded my + passports; or, if I did not, and they found the course + convenient, they might call it an order to depart which I had + not complied with. Baron Rothschild also called on me + yesterday, saying that he had conversed with the Comte de + Rigny, who assured him that the note was not intended as a + notice to depart, and that he would be glad to see me on the + subject. I answered that I could have no verbal explanations + on the subject, to which he replied that he had suggested the + writing a note on the subject, but that the minister had + declined any written communication. Rothschild added that he + had made an appointment with the Comte de Rigny for 6 + o'clock, and would see me again at night, and he called to + say that there had been a misunderstanding as to the time of + appointment, and that he had not seen Mr. de Rigny, but would + see him this morning. But in the meantime I determined on + sending my note, not only for the reasons contained in it, + which appeared to me conclusive, but because I found that the + course was the correct one in diplomacy, and that to ask for + a passport merely because the Government near which the + minister was accredited had suggested it would be considered + as committing the dignity of his own; that the universal + practice in such cases was to wait the order to depart, and + not by a voluntary demand of passports exonerate the foreign + Government from the odium and responsibility of so violent a + measure. My note will force them to take their ground. If the + answer is that they intended only a suggestion which I may + follow or not, as I choose, I will remain, but keep aloof + until I receive your directions. If, on the other hand, I am + told to depart, I will retire to Holland or England, and + there wait the President's orders. In either case the + derangement will be extremely expensive and my situation very + disagreeable. The law was not presented yesterday, but will + be to-day, and I have been informed that it is to be + introduced by an exposé throwing all the blame of the + present state of things on Mr. Sérurier and me for not + truly representing the opinions of our respective + Governments. They may treat their own minister as they + please, but they shall not, without exposure, presume to + judge of my conduct and make me the scapegoat for their sins. + The truth is, they are sadly embarrassed. If the law should + be rejected, I should not be surprised if they anticipated + our reprisals by the seizure of our vessels in port or the + attack of our ships in the Mediterranean with a superior + force. I shall without delay inform Commodore Patterson of + the state of things, that he may be on his guard, having + already sent him a copy of the message. + </p> + <p> + I have the honor to be, sir, your obedient servant, + </p> + <p class="r"> + EDW. LIVINGSTON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to the Count de Rigny</i>. + </center> + <p class="r"> + LEGATION OF THE UNITED STATES OF AMERICA,<br> + <i>Paris, January 14, 1835</i>. + </p> + <p> + His Excellency COUNT DE RIGNY, etc.: + </p> + <p> + The undersigned, envoy extraordinary and minister + plenipotentiary of the United States of America, received + late last night the note of His Excellency the Count de + Rigny, minister secretary of state for foreign affairs, dated + the 13th instant. + </p> + <p> + The undersigned sees with great surprise as well as regret + that a communication made by one branch of the Government of + the United States to another, not addressed to that of His + Majesty the King of the French, nor even communicated to it, + is alleged as the motive for a measure which not only + increases actual subjects of irritation, but which + necessarily cuts off all the usual means of restoring harmony + to two nations who have the same interests, commercial and + political, to unite them, and none but factitious subjects + for collision. + </p> + <p> + The grave matter in the body of his excellency's note demands + and will receive a full answer. It is to the concluding part + that his attention is now requested. The undersigned, after + being informed that it is the intention of His Majesty's + Government to recall Mr. Sérurier, is told "that this + information is given to the undersigned in order that he may + communicate it to his Government and in order that he may + himself take those measures which may appear to him the + natural result of that communication, and that in consequence + thereof the passports which he might require are at his + disposition." This phrase may be considered as an intimation + of the course which, in the opinion of His Majesty's + Government, the undersigned ought to pursue as the natural + result of Mr. Sérurier's recall, or it may be + construed, as it seems to have been by the public, into a + direction by His Majesty's Government to the minister of the + United States to cease his functions and leave the country. + </p> + <p> + It is necessary in a matter involving such grave consequences + that there should be no misunderstanding, the two categories + demanding a line of conduct entirely different the one from + the other. + </p> + <p> + In the first, he can take no directions or follow no + suggestions but those given by his own Government, which he + has been sent here to represent. The recall of the minister + of France on the grounds alleged could not have been + anticipated. Of course no instructions have been given to the + undersigned on the subject, and he will not take upon himself + the responsibility which he would incur by a voluntary demand + of his passports, although made on the suggestion of His + Majesty's Government. If this be the sense of the passage in + question, the duty of the undersigned can not be mistaken. He + will transmit the note of His Excellency the Comte de Rigny + to his Government and wait its instructions. Widely different + will be his conduct if he is informed that the conclusion of + the Comte de Rigny's note is intended as a direction that he + should quit the French territory. This he will without delay + comply with on being so informed and on receiving the + passports necessary for his protection until he shall leave + the Kingdom. + </p> + <p> + Leaving the responsibility of this measure where it ought to + rest, the undersigned has the honor to renew to His + Excellency the Comte de Rigny the assurance, etc. + </p> + <p class="r"> + EDW'D LIVINGSTON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to Mr. Forsyth</i>. + </center> + <center> + No. 73. + </center> + <p class="r"> + LEGATION OF THE UNITED STATES,<br> + <i>Paris, January 16, 1935</i>. + </p> + <p> + Hon. J. FORSYTH, etc. + </p> + <p> + SIR: The wind being unfavorable, I hope that this letter may + arrive in time for the packet. + </p> + <p> + By the inclosed semiofficial paper you will see that a law + has been presented for effecting the payment of 25,000,000 + francs capital to the United States, for which the budgets of + the six years next succeeding this are affected, and with a + condition annexed that our Government shall have done nothing + to affect the interests of France. It would seem from this + that they mean to pay nothing but the capital, and that only + in six years from this time; but as the law refers to the + treaty for execution of which it provides, I presume the + intention of the ministry can not be to make any change in + it, and that the phraseology is in conformity to their usual + forms. At any rate, I shall, notwithstanding the situation in + which I am placed in relation to this Government, endeavor to + obtain some explanation on this point. + </p> + <p> + The packet of the 16th arrived, but to my great regret + brought me no dispatches, and having received none subsequent + to your No. 43, and that not giving me any indication of the + conduct that would be expected from me in the event of such + measures as might have been expected on the arrival of the + President's message, I have been left altogether to the + guidance of my own sense of duty under circumstances of much + difficulty. I have endeavored to shape my course through them + in such a way as to maintain the dignity of my Government and + preserve peace, and, if possible, restore the good + understanding that existed between the two countries. From + the view of the motives of the President's message contained + in the answer of the Globe to the article in the + Intelligencer I am happy in believing that the + representations I have made to the Comte de Rigny, as + detailed in my No. 71, are those entertained by the + Government, and that I have not, in this at least, gone + further than it would have directed me to do had I been + favored with your instructions. + </p> + <p> + I have no answer yet to my note to the Comte de Rigny, a copy + of which was sent by my last dispatch, nor can I form any new + conjecture as to the event. + </p> + <p> + The inclosed paper contains a notice that I had been received + by the King. This is unfounded, and shall be contradicted. I + shall not in the present state of things make my appearance + at court, and only in cases where it is indispensable have + any communication with the minister. + </p> + <p> + I have the honor to be, with great respect, your obedient, + humble servant, + </p> + <p class="r"> + EDW. LIVINGSTON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Livingston</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 13, 1835</i>. + </p> + <p> + EDWARD LIVINGSTON, Esq. + </p> + <p> + SIR: To relieve the anxiety expressed in your late + communication to the Department of State as to the course to + be pursued in the event of the rejection by the Chamber of + Deputies of the law to appropriate funds to carry into effect + the treaty of 4th July, 1831, I am directed by the President + to inform you that if Congress shall adjourn without + prescribing some definite course of action, as soon as it is + known here that the law of appropriation has been again + rejected by the French Chamber a frigate will be immediately + dispatched to Havre to bring you back to the United States, + with such instructions as the state of the question may then + render necessary and proper. + </p> + <p> + I am, sir, etc., + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Livingston</i>. + </center> + <center> + No. 49. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 24, 1835</i>. + </p> + <p> + EDWARD LIVINGSTON, Esq., + </p> + <p> + <i>Envoy Extraordinary and Minister Plenipotentiary</i>. + </p> + <p> + SIR: Your dispatches to No. 73 have been received at the + Department—No. 73 by yesterday's mail. Nos. 70, 71, 72 + were delayed until this morning by the mismanagement of the + young man to whose care they were committed by the captain of + the packet <i>Sully</i> in New York. + </p> + <p> + In the very unexpected and unpleasant position in which you + have been placed I am directed by the President to say to you + that he approves of your conduct as well becoming the + representative of a Government ever slow to manifest + resentment and eager only to fulfill the obligations of + justice and good faith, but at the same time to inform you + that he should have felt no surprise and certainly would have + expressed no displeasure had you yielded to the impulse of + national pride and at once have quitted France, with the + whole legation, on the receipt of the Count de Rigny's note + of the 13th of January. M. Sérurier, having received + his orders, has terminated his ministerial career by the + transmission of a note, a copy of which and of all the + correspondence had with him is herewith inclosed. M. Pageot + has been presented to me as charged with the affairs of + France on the recall of the minister. + </p> + <p> + The note of the Count de Rigny having no doubt, according to + your intention, received from you an appropriate reply, it is + only necessary for me now to say that the Count is entirely + mistaken in supposing that any explanations have been given + here by M. Sérurier of the causes that have led to the + disregard or postponement of the engagements entered into by + France after the rejection of the appropriation by the last + Chamber of Deputies, and of which he was the organ. No + written communication whatever has been made on the subject, + and none verbally made of sufficient importance to be + recorded, a silence with regard to which could have been + justly the foundation of any inference that the President was + satisfied that the course of the French administration was + either reconcilable to the assurances given him or necessary + to secure a majority of the Chamber of Deputies. + </p> + <p> + The last note of M. Sérurier will be the subject of + separate instructions, which will be immediately prepared and + forwarded to you. + </p> + <p> + In the present position of our relations with France the + President directs that if the appropriation to execute the + treaty shall be or shall have been rejected by the French + legislature, you forthwith quit the territory of France, with + all the legation, and return to the United States by the ship + of war which shall be in readiness at Havre to bring you back + to your own country. If the appropriation be made, you may + retire to England or Holland, leaving Mr. Barton in charge of + affairs. Notify the Department of the place selected as your + temporary residence and await further instructions. + </p> + <p> + I am, sir, your obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Sérurier to Mr. Forsyth</i>. + </center> + <center> + [Translation.] + </center> + <p class="r"> + WASHINGTON, <i>February 23, 1835</i>. + </p> + <p> + Hon. JOHN FORSYTH,<br> + <i>Secretary of State of the United States</i>. + </p> + <p> + SIR: I have just received orders from my Government which + make it necessary for me to demand of you an immediate + audience. I therefore request you to name the hour at which + it will suit you to receive me at the Department of State. + </p> + <p> + I have the honor to be, with great consideration, sir, your + obedient, humble servant, + </p> + <p class="r"> + SÉRURIER. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Sérurier</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 23, 1835</i>. + </p> + <p> + M. SÉRURIER,<br> + <i>Envoy Extraordinary, etc., of the King of the French</i>: + </p> + <p> + Official information having been received by the President of + the recall of Mr. Sérurier by his Government, and the + papers of the morning having announced the arrival of a + French sloop of war at New York for the supposed object of + carrying him from the United States, the undersigned, + Secretary of State of the United States, tenders to Mr. + Sérurier all possible facilities in the power of this + Government to afford to enable him to comply speedily with + the orders he may have received or may receive. + </p> + <p> + The undersigned avails himself of the occasion to renew to + Mr. Sérurier the assurance of his very great + consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Sérurier</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 23, 1835</i>. + </p> + <p> + The undersigned, Secretary of State of the United States, + informs M. Sérurier, in reply to his note of this + instant, demanding the indication of an hour for an immediate + audience, that he is ready to receive in writing any + communication the minister of France desires to have made to + the Government of the United States. + </p> + <p> + The undersigned has the honor to offer M. Sérurier the + assurances of his very great consideration, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Sérurier to Mr. Forsyth</i>. + </center> + <center> + [Translation.] + </center> + <p class="r"> + WASHINGTON, <i>February 23, 1835</i>. + </p> + <p> + Hon. JOHN FORSYTH,<br> + <i>Secretary of State</i>. + </p> + <p> + SIR: My object in asking you this morning to name the hour at + which it would suit you to receive me was in order that I + might, in consequence of my recall as minister of His Majesty + near the United States, present and accredit M. Pageot, the + first secretary of this legation, as chargé d'affaires + of the King. This presentation, which, according to usage, I + calculated on making in person, I have the honor, in + compliance with the desire expressed to me by you, to make in + the form which you appear to prefer. + </p> + <p> + I thank you, sir, for the facilities which you have been kind + enough to afford me in the note preceding that now answered, + also of this morning's date, and which crossed the letter in + which I demanded an interview. + </p> + <p> + I have the honor to renew to you, sir, the assurance of my + high consideration. + </p> + <p class="r"> + SÉRURIER. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 28, 1835</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate of the United States a + report<a href="#note-13">13</a> of the Secretary of State, + to whom was referred the resolutions of that body passed + on the 2d and 17th days of the present month, together + with such portion of the correspondence and instructions + requested by the said resolutions as could be transcribed + within the time that has elapsed since they were received + and as can be communicated without prejudice to the public + interest. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + VETO MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>March 3, 1835</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I respectfully return to the Senate, where it originated, the + "act to authorize the Secretary of the Treasury to compromise + the claims allowed by the commissioners under the treaty with + the King of the Two Sicilies, concluded October 14, 1832," + without my signature. + </p> + <p> + The act is, in my judgment, inconsistent with the division of + powers in the Constitution of the United States, as it is + obviously founded on the assumption that an act of Congress + can give power to the Executive or to the head of one of the + Departments to negotiate with a foreign government. The debt + due by the King of the Two Sicilies will, after the + commissioners have made their decision, become the private + vested property of the citizens of the United States to whom + it may be awarded. Neither the Executive nor the Legislature + can properly interfere with it without their consent. With + their consent the Executive has competent authority to + negotiate about it for them with a foreign + government—an authority Congress can not + constitutionally abridge or increase. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + [From Statutes at Large (Little, Brown & Co.), Vol. XI, + p. 781.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by an act of Congress of the United States of the + 24th of May, 1828, entitled "An act in addition to an act + entitled 'An act concerning discriminating duties of tonnage + and impost' and to equalize the duties on Prussian vessels + and their cargoes," it is provided that, upon satisfactory + evidence being given to the President of the United States by + the government of any foreign nation that no discriminating + duties of tonnage or impost are imposed or levied in the + ports of the said nation upon vessels wholly belonging to + citizens of the United States or upon the produce, + manufactures, or merchandise imported in the same from the + United States or from any foreign country, the President is + hereby authorized to issue his proclamation declaring that + the foreign discriminating duties of tonnage and impost + within the United States are and shall be suspended and + discontinued so far as respects the vessels of the said + foreign nation and the produce, manufactures, or merchandise + imported into the United States in the same from the said + foreign nation or from any other foreign country, the said + suspension to take effect from the time of such notification + being given to the President of the United States and to + continue so long as the reciprocal exemption of vessels + belonging to citizens of the United States and their cargoes, + as aforesaid, shall be continued, and no longer; and + </p> + <p> + Whereas satisfactory evidence has lately been received by me + from His Royal Highness the Grand Duke of Mechlenberg + Schwerin, through an official communication of Leon + Herckenrath, his consul at Charleston, in the United States, + under date of the 13th April, 1835, that no discriminating + duties of tonnage or impost are imposed or levied in the + ports of the Grand Duchy of Mechlenberg Schwerin upon vessels + wholly belonging to citizens of the United States or upon the + produce, manufactures, or merchandise imported in the same + from the United States or from any foreign country: + </p> + <p> + Now, therefore, I, Andrew Jackson, President of the United + States of America, do hereby declare and proclaim that the + foreign discriminating duties of tonnage and impost within + the United States are and shall be suspended and discontinued + so far as respects the vessels of the Grand Duchy of + Mechlenberg Schwerin and the produce, manufactures, or + merchandise imported into the United States in the same from + the said Grand Duchy or from any other foreign country, the + said suspension to take effect from the 13th day of April, + 1835, above mentioned, and to continue so long as the + reciprocal exemption of vessels belonging to citizens of the + United States and their cargoes, as aforesaid, shall be + continued, and no longer. + </p> + <p> + [SEAL.] + </p> + <p> + Given under my hand at the city of Washington, the 28th day + of April, A.D. 1835, and of the Independence of the United + States the fifty-ninth. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + <br> + By the President:<br> + JOHN FORSYTH,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SEVENTH ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 7, 1835</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and House of + Representatives</i>: + </p> + <p> + In the discharge of my official duty the task again devolves + upon me of communicating with a new Congress. The reflection + that the representation of the Union has been recently + renewed, and that the constitutional term of its service will + expire with my own, heightens the solicitude with which I + shall attempt to lay before it the state of our national + concerns and the devout hope which I cherish that its labors + to improve them may be crowned with success. + </p> + <p> + You are assembled at a period of profound interest to the + American patriot. The unexampled growth and prosperity of our + country having given us a rank in the scale of nations which + removes all apprehension of danger to our integrity and + independence from external foes, the career of freedom is + before us, with an earnest from the past that if true to + ourselves there can be no formidable obstacle in the future + to its peaceful and uninterrupted pursuit. Yet, in proportion + to the disappearance of those apprehensions which attended + our weakness, as once contrasted with the power of some of + the States of the Old World, should we now be solicitous as + to those which belong to the conviction that it is to our own + conduct we must look for the preservation of those causes on + which depend the excellence and the duration of our happy + system of government. + </p> + <p> + In the example of other systems founded on the will of the + people we trace to internal dissension the influences which + have so often blasted the hopes of the friends of freedom. + The social elements, which were strong and successful when + united against external danger, failed in the more difficult + task of properly adjusting their own internal organization, + and thus gave way the great principle of self-government. Let + us trust that this admonition will never be forgotten by the + Government or the people of the United States, and that the + testimony which our experience thus far holds out to the + great human family of the practicability and the blessings of + free government will be confirmed in all time to come. + </p> + <p> + We have but to look at the state of our agriculture, + manufactures, and commerce and the unexampled increase of our + population to feel the magnitude of the trust committed to + us. Never in any former period of our history have we had + greater reason than we now have to be thankful to Divine + Providence for the blessings of health and general + prosperity. Every branch of labor we see crowned with the + most abundant rewards. In every element of national resources + and wealth and of individual comfort we witness the most + rapid and solid improvements. With no interruptions to this + pleasing prospect at home which will not yield to the spirit + of harmony and good will that so strikingly pervades the mass + of the people in every quarter, amidst all the diversity of + interest and pursuits to which they are attached, and with no + cause of solicitude in regard to our external affairs which + will not, it is hoped, disappear before the principles of + simple justice and the forbearance that mark our intercourse + with foreign powers, we have every reason to feel proud of + our beloved country. + </p> + <p> + The general state of our foreign relations has not materially + changed since my last annual message. + </p> + <p> + In the settlement of the question of the northeastern + boundary little progress has been made. Great Britain has + declined acceding to the proposition of the United States, + presented in accordance with the resolution of the Senate, + unless certain preliminary conditions were admitted, which I + deemed incompatible with a satisfactory and rightful + adjustment of the controversy. Waiting for some distinct + proposal from the Government of Great Britain, which has been + invited, I can only repeat the expression of my confidence + that, with the strong mutual disposition which I believe + exists to make a just arrangement, this perplexing question + can be settled with a due regard to the well-founded + pretensions and pacific policy of all the parties to it. + Events are frequently occurring on the northeastern frontier + of a character to impress upon all the necessity of a speedy + and definitive termination of the dispute. This + consideration, added to the desire common to both to relieve + the liberal and friendly relations so happily existing + between the two countries from all embarrassment, will no + doubt have its just influence upon both. + </p> + <p> + Our diplomatic intercourse with Portugal has been renewed, + and it is expected that the claims of our citizens, partially + paid, will be fully satisfied as soon as the condition of the + Queen's Government will permit the proper attention to the + subject of them. That Government has, I am happy to inform + you, manifested a determination to act upon the liberal + principles which have marked our commercial policy. The + happiest effects upon the future trade between the United + States and Portugal are anticipated from it, and the time is + not thought to be remote when a system of perfect reciprocity + will be established. + </p> + <p> + The installments due under the convention with the King of + the Two Sicilies have been paid with that scrupulous fidelity + by which his whole conduct has been characterized, and the + hope is indulged that the adjustment of the vexed question of + our claims will be followed by a more extended and mutually + beneficial intercourse between the two countries. + </p> + <p> + The internal contest still continues in Spain. Distinguished + as this struggle has unhappily been by incidents of the most + sanguinary character, the obligations of the late treaty of + indemnification with us have been, nevertheless, faithfully + executed by the Spanish Government. + </p> + <p> + No provision having been made at the last session of Congress + for the ascertainment of the claims to be paid and the + apportionment of the funds under the convention made with + Spain, I invite your early attention to the subject. The + public evidences of the debt have, according to the terms of + the convention and in the forms prescribed by it, been placed + in the possession of the United States, and the interest as + it fell due has been regularly paid upon them. Our commercial + intercourse with Cuba stands as regulated by the act of + Congress. No recent information has been received as to the + disposition of the Government of Madrid on this subject, and + the lamented death of our recently appointed minister on his + way to Spain, with the pressure of their affairs at home, + renders it scarcely probable that any change is to be looked + for during the coming year. Further portions of the Florida + archives have been sent to the United States, although the + death of one of the commissioners at a critical moment + embarrassed the progress of the delivery of them. The higher + officers of the local government have recently shewn an + anxious desire, in compliance with the orders from the parent + Government, to facilitate the selection and delivery of all + we have a right to claim. + </p> + <p> + Negotiations have been opened at Madrid for the establishment + of a lasting peace between Spain and such of the Spanish + American Governments of this hemisphere as have availed + themselves of the intimation given to all of them of the + disposition of Spain to treat upon the basis of their entire + independence. It is to be regretted that simultaneous + appointments by all of ministers to negotiate with Spain had + not been made. The negotiation itself would have been + simplified, and this long-standing dispute, spreading over a + large portion of the world, would have been brought to a more + speedy conclusion. + </p> + <p> + Our political and commercial relations with Austria, Prussia, + Sweden, and Denmark stand on the usual favorable bases. One + of the articles of our treaty with Russia in relation to the + trade on the northwest coast of America having expired, + instructions have been given to our minister at St. + Petersburg to negotiate a renewal of it. The long and + unbroken amity between the two Governments gives every reason + for supposing the article will be renewed, if stronger + motives do not exist to prevent it than with our view of the + subject can be anticipated here. + </p> + <p> + I ask your attention to the message of my predecessor at the + opening of the second session of the Nineteenth Congress, + relative to our commercial intercourse with Holland, and to + the documents connected with that subject, communicated to + the House of Representatives on the 10th of January, 1825, + and 18th of January, 1827. Coinciding in the opinion of my + predecessor that Holland is not, under the regulations of her + present system, entitled to have her vessels and their + cargoes received into the United States on the footing of + American vessels and cargoes as regards duties of tonnage and + impost, a respect for his reference of it to the Legislature + has alone prevented me from acting on the subject. I should + still have waited without comment for the action of Congress, + but recently a claim has been made by Belgian subjects to + admission into our ports for their ships and cargoes on the + same footing as American, with the allegation we could not + dispute that our vessels received in their ports the + identical treatment shewn to them in the ports of Holland, + upon whose vessels no discrimination is made in the ports of + the United States. Giving the same privileges the Belgians + expected the same benefits—-benefits that were, in + fact, enjoyed when Belgium and Holland were united under one + Government. Satisfied with the justice of their pretension to + be placed on the same footing with Holland, I could not, + nevertheless, without disregard to the principle of our laws, + admit their claim to be treated as Americans, and at the same + time a respect for Congress, to whom the subject had long + since been referred, has prevented me from producing a just + equality by taking from the vessels of Holland privileges + conditionally granted by acts of Congress, although the + condition upon which the grant was made has, in my judgment, + failed since 1822. I recommend, therefore, a review of the + act of 1824, and such a modification of it as will produce an + equality on such terms as Congress shall think best comports + with our settled policy and the obligations of justice to two + friendly powers. + </p> + <p> + With the Sublime Porte and all the Governments on the coast + of Barbary our relations continue to be friendly. The proper + steps have been taken to renew our treaty with Morocco. + </p> + <p> + The Argentine Republic has again promised to send within the + current year a minister to the United States. + </p> + <p> + A convention with Mexico for extending the time for the + appointment of commissioners to run the boundary line has + been concluded and will be submitted to the Senate. Recent + events in that country have awakened the liveliest solicitude + in the United States. Aware of the strong temptations + existing and powerful inducements held out to the citizens of + the United States to mingle in the dissensions of our + immediate neighbors, instructions have been given to the + district attorneys of the United States where indications + warranted it to prosecute without respect to persons all who + might attempt to violate the obligations of our neutrality, + while at the same time it has been thought necessary to + apprise the Government of Mexico that we should require the + integrity of our territory to be scrupulously respected by + both parties. + </p> + <p> + From our diplomatic agents in Brazil, Chile, Peru, Central + America, Venezuela, and New Granada constant assurances are + received of the continued good understanding with the + Governments to which they are severally accredited. With + those Governments upon which our citizens have valid and + accumulating claims, scarcely an advance toward a settlement + of them is made, owing mainly to their distracted state or to + the pressure of imperative domestic questions. Our patience + has been and will probably be still further severely tried, + but our fellow-citizens whose interests are involved may + confide in the determination of the Government to obtain for + them eventually ample retribution. + </p> + <p> + Unfortunately, many of the nations of this hemisphere are + still self-tormented by domestic dissensions. Revolution + succeeds revolution; injuries are committed upon foreigners + engaged in lawful pursuits; much time elapses before a + government sufficiently stable is erected to justify + expectation of redress; ministers are sent and received, and + before the discussions of past injuries are fairly begun + fresh troubles arise; but too frequently new injuries are + added to the old, to be discussed together with the existing + government after it has proved its ability to sustain the + assaults made upon it, or with its successor if overthrown. + If this unhappy condition of things continues much longer, + other nations will be under the painful necessity of deciding + whether justice to their suffering citizens does not require + a prompt redress of injuries by their own power, without + waiting for the establishment of a government competent and + enduring enough to discuss and to make satisfaction for them. + </p> + <p> + Since the last session of Congress the validity of our claims + upon France, as liquidated by the treaty of 1831, has been + acknowledged by both branches of her legislature, and the + money has been appropriated for their discharge; but the + payment is, I regret to inform you, still withheld. + </p> + <p> + A brief recapitulation of the most important incidents in + this protracted controversy will shew how utterly untenable + are the grounds upon which this course is attempted to be + justified. + </p> + <p> + On entering upon the duties of my station I found the United + States an unsuccessful applicant to the justice of France for + the satisfaction of claims the validity of which was never + questionable, and has now been most solemnly admitted by + France herself. The antiquity of these claims, their high + justice, and the aggravating circumstances out of which they + arose are too familiar to the American people to require + description. It is sufficient to say that for a period of ten + years and upward our commerce was, with but little + interruption, the subject of constant aggressions on the part + of France—aggressions the ordinary features of which + were condemnations of vessels and cargoes under arbitrary + decrees, adopted in contravention as well of the laws of + nations as of treaty stipulations, burnings on the high seas, + and seizures and confiscations under special imperial + rescripts in the ports of other nations occupied by the + armies or under the control of France. Such it is now + conceded is the character of the wrongs we + suffered—wrongs in many cases so flagrant that even + their authors never denied our right to reparation. Of the + extent of these injuries some conception may be formed from + the fact that after the burning of a large amount at sea and + the necessary deterioration in other cases by long detention + the American property so seized and sacrificed at forced + sales, excluding what was adjudged to privateers before or + without condemnation, brought into the French treasury upward + of 24,000,000 francs, besides large custom-house duties. + </p> + <p> + The subject had already been an affair of twenty years' + uninterrupted negotiation, except for a short time when + France was overwhelmed by the military power of united + Europe. During this period, whilst other nations were + extorting from her payment of their claims at the point of + the bayonet, the United States intermitted their demand for + justice out of respect to the oppressed condition of a + gallant people to whom they felt under obligations for + fraternal assistance in their own days of suffering and of + peril. The bad effects of these protracted and unavailing + discussions, as well upon our relations with France as upon + our national character, were obvious, and the line of duty + was to my mind equally so. This was either to insist upon the + adjustment of our claims within a reasonable period or to + abandon them altogether. I could not doubt that by this + course the interests and honor of both countries would be + best consulted. Instructions were therefore given in this + spirit to the minister who was sent out once more to demand + reparation. Upon the meeting of Congress in December, 1829, I + felt it my duty to speak of these claims and the delays of + France in terms calculated to call the serious attention of + both countries to the subject. The then French ministry took + exception to the message on the ground of its containing a + menace, under which it was not agreeable to the French + Government to negotiate. The American minister of his own + accord refuted the construction which was attempted to be put + upon the message and at the same time called to the + recollection of the French ministry that the President's + message was a communication addressed, not to foreign + governments, but to the Congress of the United States, in + which it was enjoined upon him by the Constitution to lay + before that body information of the state of the Union, + comprehending its foreign as well as its domestic relations, + and that if in the discharge of this duty he felt it + incumbent upon him to summon the attention of Congress in due + time to what might be the possible consequences of existing + difficulties with any foreign government, he might fairly be + supposed to do so under a sense of what was due from him in a + frank communication with another branch of his own + Government, and not from any intention of holding a menace + over a foreign power. The views taken by him received my + approbation, the French Government was satisfied, and the + negotiation was continued. It terminated in the treaty of + July 4, 1831, recognizing the justice of our claims in part + and promising payment to the amount of 25,000,000 francs in + six annual installments. + </p> + <p> + The ratifications of this treaty were exchanged at Washington + on the 2d of February, 1832, and in five days thereafter it + was laid before Congress, who immediately passed the acts + necessary on our part to secure to France the commercial + advantages conceded to her in the compact. The treaty had + previously been solemnly ratified by the King of the French + in terms which are certainly not mere matters of form, and of + which the translation is as follows: + </p> + <p class="q"> + We, approving the above convention in all and each of the + dispositions which are contained in it, do declare, by + ourselves as well as by our heirs and successors, that it is + accepted, approved, ratified, and confirmed, and by these + presents, signed by our hand, we do accept, approve, ratify, + and confirm it; promising, on the faith and word of a king, + to observe it and to cause it to be observed inviolably, + without ever contravening it or suffering it to be + contravened, directly or indirectly, for any cause or under + any pretense whatsoever. + </p> + <p> + Official information of the exchange of ratifications in the + United States reached Paris whilst the Chambers were in + session. The extraordinary and to us injurious delays of the + French Government in their action upon the subject of its + fulfillment have been heretofore stated to Congress, and I + have no disposition to enlarge upon them here. It is + sufficient to observe that the then pending session was + allowed to expire without even an effort to obtain the + necessary appropriations; that the two succeeding ones were + also suffered to pass away without anything like a serious + attempt to obtain a decision upon the subject, and that it + was not until the fourth session, almost three years after + the conclusion of the treaty and more than two years after + the exchange of ratifications, that the bill for the + execution of the treaty was pressed to a vote and rejected. + </p> + <p> + In the meantime the Government of the United States, having + full confidence that a treaty entered into and so solemnly + ratified by the French King would be executed in good faith, + and not doubting that provision would be made for the payment + of the first installment which was to become due on the 2d + day of February, 1833, negotiated a draft for the amount + through the Bank of the United States. When this draft was + presented by the holder with the credentials required by the + treaty to authorize him to receive the money, the Government + of France allowed it to be protested. In addition to the + injury in the nonpayment of the money by France, conformably + to her engagement, the United States were exposed to a heavy + claim on the part of the bank under pretense of damages, in + satisfaction of which that institution seized upon and still + retains an equal amount of the public money. Congress was in + session when the decision of the Chambers reached Washington, + and an immediate communication of this apparently final + decision of France not to fulfill the stipulations of the + treaty was the course naturally to be expected from the + President. The deep tone of dissatisfaction which pervaded + the public mind and the correspondent excitement produced in + Congress by only a general knowledge of the result rendered + it more than probable that a resort to immediate measures of + redress would be the consequence of calling the attention of + that body to the subject. Sincerely desirous of preserving + the pacific relations which had so long existed between the + two countries, I was anxious to avoid this course if I could + be satisfied that by doing so neither the interests nor the + honor of my country would be compromitted. Without the + fullest assurances upon that point, I could not hope to + acquit myself of the responsibility to be incurred in + suffering Congress to adjourn without laying the subject + before them. Those received by me were believed to be of that + character. + </p> + <p> + That the feelings produced in the United States by the news + of the rejection of the appropriation would be such as I have + described them to have been was foreseen by the French + Government, and prompt measures were taken by it to prevent + the consequences. The King in person expressed through our + minister at Paris his profound regret at the decision of the + Chambers, and promised to send forthwith a national ship with + dispatches to his minister here authorizing him to give such + assurances as would satisfy the Government and people of the + United States that the treaty would yet be faithfully + executed by France. The national ship arrived, and the + minister received his instructions. Claiming to act under the + authority derived from them, he gave to this Government in + the name of his the most solemn assurances that as soon after + the new elections as the charter would permit the French + Chambers would be convened and the attempt to procure the + necessary appropriations renewed; that all the constitutional + powers of the King and his ministers should be put in + requisition to accomplish the object, and he was understood, + and so expressly informed by this Government at the time, to + engage that the question should be pressed to a decision at a + period sufficiently early to permit information of the result + to be communicated to Congress at the commencement of their + next session. Relying upon these assurances, I incurred the + responsibility, great as I regarded it to be, of suffering + Congress to separate without communicating with them upon the + subject. + </p> + <p> + The expectations justly founded upon the promises thus + solemnly made to this Government by that of France were not + realized. The French Chambers met on the 31st of July, 1834, + soon after the election, and although our minister in Paris + urged the French ministry to bring the subject before them, + they declined doing so. He next insisted that the Chambers, + if prorogued without acting on the subject, should be + reassembled at a period so early that their action on the + treaty might be known in Washington prior to the meeting of + Congress. This reasonable request was not only declined, but + the Chambers were prorogued to the 29th of December, a day so + late that their decision, however urgently pressed, could not + in all probability be obtained in time to reach Washington + before the necessary adjournment of Congress by the + Constitution. The reasons given by the ministry for refusing + to convoke the Chambers at an earlier period were afterwards + shewn not to be insuperable by their actual convocation on + the 1st of December under a special call for domestic + purposes, which fact, however, did not become known to this + Government until after the commencement of the last session + of Congress. + </p> + <p> + Thus disappointed in our just expectations, it became my + imperative duty to consult with Congress in regard to the + expediency of a resort to retaliatory measures in case the + stipulations of the treaty should not be speedily complied + with, and to recommend such as in my judgment the occasion + called for. To this end an unreserved communication of the + case in all its aspects became indispensable. To have shrunk + in making it from saying all that was necessary to its + correct understanding, and that the truth would justify, for + fear of giving offense to others, would have been unworthy of + us. To have gone, on the other hand, a single step further + for the purpose of wounding the pride of a Government and + people with whom we had so many motives for cultivating + relations of amity and reciprocal advantage would have been + unwise and improper. Admonished by the past of the difficulty + of making even the simplest statement of our wrongs without + disturbing the sensibilities of those who had by their + position become responsible for their redress, and earnestly + desirous of preventing further obstacles from that source, I + went out of my way to preclude a construction of the message + by which the recommendation that was made to Congress might + be regarded as a menace to France in not only disavowing such + a design, but in declaring that her pride and her power were + too well known to expect anything from her fears. The message + did not reach Paris until more than a month after the + Chambers had been in session, and such was the insensibility + of the ministry to our rightful claims and just expectations + that our minister had been informed that the matter when + introduced would not be pressed as a cabinet measure. + </p> + <p> + Although the message was not officially communicated to the + French Government, and notwithstanding the declaration to the + contrary which it contained, the French ministry decided to + consider the conditional recommendation of reprisals a menace + and an insult which the honor of the nation made it incumbent + on them to resent. The measures resorted to by them to evince + their sense of the supposed indignity were the immediate + recall of their minister at Washington, the offer of + passports to the American minister at Paris, and a public + notice to the legislative Chambers that all diplomatic + intercourse with the United States had been suspended. Having + in this manner vindicated the dignity of France, they next + proceeded to illustrate her justice. To this end a bill was + immediately introduced into the Chamber of Deputies proposing + to make the appropriations necessary to carry into effect the + treaty. As this bill subsequently passed into a law, the + provisions of which now constitute the main subject of + difficulty between the two nations, it becomes my duty, in + order to place the subject before you in a clear light, to + trace the history of its passage and to refer with some + particularity to the proceedings and discussions in regard to + it. + </p> + <p> + The minister of finance in his opening speech alluded to the + measures which had been adopted to resent the supposed + indignity, and recommended the execution of the treaty as a + measure required by the honor and justice of France. He as + the organ of the ministry declared the message, so long as it + had not received the sanction of Congress, a mere expression + of the personal opinion of the President, for which neither + the Government nor people of the United States were + responsible, and that an engagement had been entered into for + the fulfillment of which the honor of France was pledged. + Entertaining these views, the single condition which the + French ministry proposed to annex to the payment of the money + was that it should not be made until it was ascertained that + the Government of the United States had done nothing to + injure the interests of France, or, in other words, that no + steps had been authorized by Congress of a hostile character + toward France. + </p> + <p> + What the disposition or action of Congress might be was then + unknown to the French cabinet; but on the 14th of January the + Senate resolved that it was at that time inexpedient to adopt + any legislative measures in regard to the state of affairs + between the United States and France, and no action on the + subject had occurred in the House of Representatives. These + facts were known in Paris prior to the 28th of March, 1835, + when the committee to whom the bill of indemnification had + been referred reported it to the Chamber of Deputies. That + committee substantially reechoed the sentiments of the + ministry, declared that Congress had set aside the + proposition of the President, and recommended the passage of + the bill without any other restriction than that originally + proposed. Thus was it known to the French ministry and + Chambers that if the position assumed by them, and which had + been so frequently and solemnly announced as the only one + compatible with the honor of France, was maintained and the + bill passed as originally proposed, the money would be paid + and there would be an end of this unfortunate controversy. + </p> + <p> + But this cheering prospect was soon destroyed by an amendment + introduced into the bill at the moment of its passage, + providing that the money should not be paid until the French + Government had received satisfactory explanations of the + President's message of the 2d December, 1834, and, what is + still more extraordinary, the president of the council of + ministers adopted this amendment and consented to its + incorporation in the bill. In regard to a supposed insult + which had been formally resented by the recall of their + minister and the offer of passports to ours, they now for the + first time proposed to ask explanations. Sentiments and + propositions which they had declared could not justly be + imputed to the Government or people of the United States are + set up as obstacles to the performance of an act of conceded + justice to that Government and people. They had declared that + the honor of France required the fulfillment of the + engagement into which the King had entered, unless Congress + adopted the recommendations of the message. They ascertained + that Congress did not adopt them, and yet that fulfillment is + refused unless they first obtain from the President + explanations of an opinion characterized by themselves as + personal and inoperative. + </p> + <p> + The conception that it was my intention to menace or insult + the Government of France is as unfounded as the attempt to + extort from the fears of that nation what her sense of + justice may deny would be vain and ridiculous. But the + Constitution of the United States imposes on the President + the duty of laying before Congress the condition of the + country in its foreign and domestic relations, and of + recommending such measures as may in his opinion be required + by its interests. From the performance of this duty he can + not be deterred by the fear of wounding the sensibilities of + the people or government of whom it may become necessary to + speak; and the American people are incapable of submitting to + an interference by any government on earth, however powerful, + with the free performance of the domestic duties which the + Constitution has imposed on their public functionaries. The + discussions which intervene between the several departments + of our Government belong to ourselves, and for anything said + in them our public servants are only responsible to their own + constituents and to each other. If in the course of their + consultations facts are erroneously stated or unjust + deductions are made, they require no other inducement to + correct them, however informed of their error, than their + love of justice and what is due to their own character; but + they can never submit to be interrogated upon the subject as + a matter of right by a foreign power. When our discussions + terminate in acts, our responsibility to foreign powers + commences, not as individuals, but as a nation. The principle + which calls in question the President for the language of his + message would equally justify a foreign power in demanding + explanation of the language used in the report of a committee + or by a member in debate. + </p> + <p> + This is not the first time that the Government of France has + taken exception to the messages of American Presidents. + President Washington and the first President Adams in the + performance of their duties to the American people fell under + the animadversions of the French Directory. The objection + taken by the ministry of Charles X, and removed by the + explanations made by our minister upon the spot, has already + been adverted to. When it was understood that the ministry of + the present King took exception to my message of last year, + putting a construction upon it which was disavowed on its + face, our late minister at Paris, in answer to the note which + first announced a dissatisfaction with the language used in + the message, made a communication to the French Government + under date of the 29th of January, 1835,<a href= + "#note-14">14</a> calculated to remove all impressions which + an unreasonable susceptibility had created. He repeated and + called the attention of the French Government to the + disavowal contained in the message itself of any intention to + intimidate by menace; he truly declared that it contained and + was intended to contain no charge of ill faith against the + King of the French, and properly distinguished between the + right to complain in unexceptionable terms of the omission to + execute an agreement and an accusation of bad motives in + withholding such execution, and demonstrated that the + necessary use of that right ought not to be considered as an + offensive imputation. Although this communication was made + without instructions and entirely on the minister's own + responsibility, yet it was afterwards made the act of this + Government by my full approbation, and that approbation was + officially made known on the 25th of April, 1835, to the + French Government. It, however, failed to have any effect. + The law, after this friendly explanation, passed with the + obnoxious amendment, supported by the King's ministers, and + was finally approved by the King. + </p> + <p> + The people of the United States are justly attached to a + pacific system in their intercourse with foreign nations. It + is proper, therefore, that they should know whether their + Government has adhered to it. In the present instance it has + been carried to the utmost extent that was consistent with a + becoming self-respect. The note of the 29th of January, to + which I have before alluded, was not the only one which our + minister took upon himself the responsibility of presenting + on the same subject and in the same spirit. Finding that it + was intended to make the payment of a just debt dependent on + the performance of a condition which he knew could never be + complied with, he thought it a duty to make another attempt + to convince the French Government that whilst self-respect + and regard to the dignity of other nations would always + prevent us from using any language that ought to give + offense, yet we could never admit a right in any foreign + government to ask explanations of or to interfere in any + manner in the communications which one branch of our public + councils made with another; that in the present case no such + language had been used, and that this had in a former note + been fully and voluntarily stated, before it was contemplated + to make the explanation a condition; and that there might be + no misapprehension he stated the terms used in that note, and + he officially informed them that it had been approved by the + President, and that therefore every explanation which could + reasonably be asked or honorably given had been already made; + that the contemplated measure had been anticipated by a + voluntary and friendly declaration, and was therefore not + only useless, but might be deemed offensive, and certainly + would not be complied with if annexed as a condition. + </p> + <p> + When this latter communication, to which I especially invite + the attention of Congress, was laid before me, I entertained + the hope that the means it was obviously intended to afford + of an honorable and speedy adjustment of the difficulties + between the two nations would have been accepted, and I + therefore did not hesitate to give it my sanction and full + approbation. This was due to the minister who had made + himself responsible for the act, and it was published to the + people of the United States and is now laid before their + representatives to shew how far their Executive has gone in + its endeavors to restore a good understanding between the two + countries. It would have been at any time communicated to the + Government of France had it been officially requested. + </p> + <p> + The French Government having received all the explanation + which honor and principle permitted, and which could in + reason be asked, it was hoped it would no longer hesitate to + pay the installments now due. The agent authorized to receive + the money was instructed to inform the French minister of his + readiness to do so. In reply to this notice he was told that + the money could not then be paid, because the formalities + required by the act of the Chambers had not been arranged. + </p> + <p> + Not having received any official information of the + intentions of the French Government, and anxious to bring, as + far as practicable, this unpleasant affair to a close before + the meeting of Congress, that you might have the whole + subject before you, I caused our chargé d'affaires at + Paris to be instructed to ask for the final determination of + the French Government, and in the event of their refusal to + pay the installments now due, without further explanations to + return to the United States. + </p> + <p> + The result of this last application has not yet reached us, + but is daily expected. That it may be favorable is my sincere + wish. France having now, through all the branches of her + Government, acknowledged the validity of our claims and the + obligation of the treaty of 1831, and there really existing + no adequate cause for further delay, will at length, it may + be hoped, adopt the course which the interests of both + nations, not less than the principles of justice, so + imperiously require. The treaty being once executed on her + part, little will remain to disturb the friendly relations of + the two countries—nothing, indeed, which will not yield + to the suggestions of a pacific and enlightened policy and to + the influence of that mutual good will and of those generous + recollections which we may confidently expect will then be + revived in all their ancient force. In any event, however, + the principle involved in the new aspect which has been given + to the controversy is so vitally important to the independent + administration of the Government that it can neither be + surrendered nor compromitted without national degradation. I + hope it is unnecessary for me to say that such a sacrifice + will not be made through any agency of mine. The honor of my + country shall never be stained by an apology from me for the + statement of truth and the performance of duty; nor can I + give any explanation of my official acts except such as is + due to integrity and justice and consistent with the + principles on which our institutions have been framed. This + determination will, I am confident, be approved by my + constituents. I have, indeed, studied their character to but + little purpose if the sum of 25,000,000 francs will have the + weight of a feather in the estimation of what appertains to + their national independence, and if, unhappily, a different + impression should at any time obtain in any quarter, they + will, I am sure, rally round the Government of their choice + with alacrity and unanimity, and silence forever the + degrading imputation. + </p> + <p> + Having thus frankly presented to you the circumstances which + since the last session of Congress have occurred in this + interesting and important matter, with the views of the + Executive in regard to them, it is at this time only + necessary to add that whenever the advices now daily expected + from our chargé d'affaires shall have been received + they will be made the subject of a special communication. + </p> + <p> + The condition of the public finances was never more + flattering than at the present period. + </p> + <p> + Since my last annual communication all the remains of the + public debt have been redeemed, or money has been placed in + deposit for this purpose whenever the creditors choose to + receive it. All the other pecuniary engagements of the + Government have been honorably and promptly fulfilled, and + there will be a balance in the Treasury at the close of the + present year of about $19,000,000. It is believed that after + meeting all outstanding and unexpended appropriations there + will remain near eleven millions to be applied to any new + objects which Congress may designate or to the more rapid + execution of the works already in progress. In aid of these + objects, and to satisfy the current expenditures of the + ensuing year, it is estimated that there will be received + from various sources twenty millions more in 1836. + </p> + <p> + Should Congress make new appropriations in conformity with + the estimates which will be submitted from the proper + Departments, amounting to about twenty-four millions, still + the available surplus at the close of the next year, after + deducting all unexpended appropriations, will probably not be + less than six millions. This sum can, in my judgment, be now + usefully applied to proposed improvements in our navy-yards, + and to new national works which are not enumerated in the + present estimates or to the more rapid completion of those + already begun. Either would be constitutional and useful, and + would render unnecessary any attempt in our present peculiar + condition to divide the surplus revenue or to reduce it any + faster than will be effected by the existing laws. In any + event, as the annual report from the Secretary of the + Treasury will enter into details, shewing the probability of + some decrease in the revenue during the next seven years and + a very considerable deduction in 1842, it is not recommended + that Congress should undertake to modify the present tariff + so as to disturb the principles on which the compromise act + was passed. Taxation on some of the articles of general + consumption which are not in competition with our own + productions may be no doubt so diminished as to lessen to + some extent the source of this revenue, and the same object + can also be assisted by more liberal provisions for the + subjects of public defense, which in the present state of our + prosperity and wealth may be expected to engage your + attention. If, however, after satisfying all the demands + which can arise from these sources the unexpended balance in + the Treasury should still continue to increase, it would be + better to bear with the evil until the great changes + contemplated in our tariff laws have occurred and shall + enable us to revise the system with that care and + circumspection which are due to so delicate and important a + subject. + </p> + <p> + It is certainly our duty to diminish as far as we can the + burdens of taxation and to regard all the restrictions which + are imposed on the trade and navigation of our citizens as + evils which we shall mitigate whenever we are not prevented + by the adverse legislation and policy of foreign nations or + those primary duties which the defense and independence of + our country enjoin upon us. That we have accomplished much + toward the relief of our citizens by the changes which have + accompanied the payment of the public debt and the adoption + of the present revenue laws is manifest from the fact that + compared with 1833 there is a diminution of near twenty-five + millions in the last two years, and that our expenditures, + independently of those for the public debt, have been reduced + near nine millions during the same period. Let us trust that + by the continued observance of economy and by harmonizing the + great interests of agriculture, manufactures, and commerce + much more may be accomplished to diminish the burdens of + government and to increase still further the enterprise and + the patriotic affection of all classes of our citizens and + all the members of our happy Confederacy. As the data which + the Secretary of the Treasury will lay before you in regard + to our financial resources are full and extended, and will + afford a safe guide in your future calculations, I think it + unnecessary to offer any further observations on that subject + here. + </p> + <p> + Among the evidences of the increasing prosperity of the + country, not the least gratifying is that afforded by the + receipts from the sales of the public lands, which amount in + the present year to the unexpected sum of $11,000,000. This + circumstance attests the rapidity with which agriculture, the + first and most important occupation of man, advances and + contributes to the wealth and power of our extended + territory. Being still of the opinion that it is our best + policy, as far as we can consistently with the obligations + under which those lands were ceded to the United States, to + promote their speedy settlement, I beg leave to call the + attention of the present Congress to the suggestions I have + offered respecting it in my former messages. + </p> + <p> + The extraordinary receipts from the sales of the public lands + invite you to consider what improvements the land system, and + particularly the condition of the General Land Office, may + require. At the time this institution was organized, near a + quarter of a century ago, it would probably have been thought + extravagant to anticipate for this period such an addition to + its business as has been produced by the vast increase of + those sales during the past and present years. It may also be + observed that since the year 1812 the land offices and + surveying districts have been greatly multiplied, and that + numerous legislative enactments from year to year since that + time have imposed a great amount of new and additional duties + upon that office, while the want of a timely application of + force commensurate with the care and labor required has + caused the increasing embarrassment of accumulated arrears in + the different branches of the establishment. + </p> + <p> + These impediments to the expedition of much duty in the + General Land Office induce me to submit to your judgment + whether some modification of the laws relating to its + organization, or an organization of a new character, be not + called for at the present juncture, to enable the office to + accomplish all the ends of its institution with a greater + degree of facility and promptitude than experience has proved + to be practicable under existing regulations. The variety of + the concerns and the magnitude and complexity of the details + occupying and dividing the attention of the Commissioner + appear to render it difficult, if not impracticable, for that + officer by any possible assiduity to bestow on all the + multifarious subjects upon which he is called to act the + ready and careful attention due to their respective + importance, unless the Legislature shall assist him by a law + providing, or enabling him to provide, for a more regular and + economical distribution of labor, with the incident + responsibility among those employed under his direction. The + mere manual operation of affixing his signature to the vast + number of documents issuing from his office subtracts so + largely from the time and attention claimed by the weighty + and complicated subjects daily accumulating in that branch of + the public service as to indicate the strong necessity of + revising the organic law of the establishment. It will be + easy for Congress hereafter to proportion the expenditure on + account of this branch of the service to its real wants by + abolishing from time to time the offices which can be + dispensed with. + </p> + <p> + The extinction of the public debt having taken place, there + is no longer any use for the offices of Commissioners of + Loans and of the Sinking Fund. I recommend, therefore, that + they be abolished, and that proper measures be taken for the + transfer to the Treasury Department of any funds, books, and + papers connected with the operations of those offices, and + that the proper power be given to that Department for closing + finally any portion of their business which may remain to be + settled. + </p> + <p> + It is also incumbent on Congress in guarding the pecuniary + interests of the country to discontinue by such a law as was + passed in 1812 the receipt of the bills of the Bank of the + United States in payment of the public revenue, and to + provide for the designation of an agent whose duty it shall + be to take charge of the books and stock of the United States + in that institution, and to close all connection with it + after the 3d of March, 1836, when its charter expires. In + making provision in regard to the disposition of this stock + it will be essential to define clearly and strictly the + duties and powers of the officer charged with that branch of + the public service. + </p> + <p> + It will be seen from the correspondence which the Secretary + of the Treasury will lay before you that notwithstanding the + large amount of the stock which the United States hold in + that institution no information has yet been communicated + which will enable the Government to anticipate when it can + receive any dividends or derive any benefit from it. + </p> + <p> + Connected with the condition of the finances and the + flourishing state of the country in all its branches of + industry, it is pleasing to witness the advantages which have + been already derived from the recent laws regulating the + value of the gold coinage. These advantages will be more + apparent in the course of the next year, when the branch + mints authorized to be established in North Carolina, + Georgia, and Louisiana shall have gone into operation. Aided, + as it is hoped they will be, by further reforms in the + banking systems of the States and by judicious regulations on + the part of Congress in relation to the custody of the public + moneys, it may be confidently anticipated that the use of + gold and silver as a circulating medium will become general + in the ordinary transactions connected with the labor of the + country. The great desideratum in modern times is an + efficient check upon the power of banks, preventing that + excessive issue of paper whence arise those fluctuations in + the standard of value which render uncertain the rewards of + labor. It was supposed by those who established the Bank of + the United States that from the credit given to it by the + custody of the public moneys and other privileges and the + precautions taken to guard against the evils which the + country had suffered in the bankruptcy of many of the State + institutions of that period we should derive from that + institution all the security and benefits of a sound currency + and every good end that was attainable under that provision + of the Constitution which authorizes Congress alone to coin + money and regulate the value thereof. But it is scarcely + necessary now to say that these anticipations have not been + realized. + </p> + <p> + After the extensive embarrassment and distress recently + produced by the Bank of the United States, from which the + country is now recovering, aggravated as they were by + pretensions to power which defied the public authority, and + which if acquiesced in by the people would have changed the + whole character of our Government, every candid and + intelligent individual must admit that for the attainment of + the great advantages of a sound currency we must look to a + course of legislation radically different from that which + created such an institution. + </p> + <p> + In considering the means of obtaining so important an end we + must set aside all calculations of temporary convenience, and + be influenced by those only which are in harmony with the + true character and the permanent interests of the Republic. + We must recur to first principles and see what it is that has + prevented the legislation of Congress and the States on the + subject of currency from satisfying the public expectation + and realizing results corresponding to those which have + attended the action of our system when truly consistent with + the great principle of equality upon which it rests, and with + that spirit of forbearance and mutual concession and generous + patriotism which was originally, and must ever continue to + be, the vital element of our Union. + </p> + <p> + On this subject I am sure that I can not be mistaken in + ascribing our want of success to the undue countenance which + has been afforded to the spirit of monopoly. All the serious + dangers which our system has yet encountered may be traced to + the resort to implied powers and the use of corporations + clothed with privileges, the effect of which is to advance + the interests of the few at the expense of the many. We have + felt but one class of these dangers exhibited in the contest + waged by the Bank of the United States against the Government + for the last four years. Happily they have been obviated for + the present by the indignant resistance of the people, but we + should recollect that the principle whence they sprung is an + ever-active one, which will not fail to renew its efforts in + the same and in other forms so long as there is a hope of + success, founded either on the inattention of the people or + the treachery of their representatives to the subtle progress + of its influence. The bank is, in fact, but one of the fruits + of a system at war with the genius of all our + institutions—a system founded upon a political creed + the fundamental principle of which is a distrust of the + popular will as a safe regulator of political power, and + whose great ultimate object and inevitable result, should it + prevail, is the consolidation of all power in our system in + one central government. Lavish public disbursements and + corporations with exclusive privileges would be its + substitutes for the original and as yet sound checks and + balances of the Constitution—the means by whose silent + and secret operation a control would be exercised by the few + over the political conduct of the many by first acquiring + that control over the labor and earnings of the great body of + the people. Wherever this spirit has effected an alliance + with political power, tyranny and despotism have been the + fruit. If it is ever used for the ends of government, it has + to be incessantly watched, or it corrupts the sources of the + public virtue and agitates the country with questions + unfavorable to the harmonious and steady pursuit of its true + interests. + </p> + <p> + We are now to see whether, in the present favorable condition + of the country, we can not take an effectual stand against + this spirit of monopoly, and practically prove in respect to + the currency as well as other important interests that there + is no necessity for so extensive a resort to it as that which + has been heretofore practiced. The experience of another year + has confirmed the utter fallacy of the idea that the Bank of + the United States was necessary as a fiscal agent of the + Government. Without its aid as such, indeed, in despite of + all the embarrassment it was in its power to create, the + revenue has been paid with punctuality by our citizens, the + business of exchange, both foreign and domestic, has been + conducted with convenience, and the circulating medium has + been greatly improved. By the use of the State banks, which + do not derive their charters from the General Government and + are not controlled by its authority, it is ascertained that + the moneys of the United States can be collected and + disbursed without loss or inconvenience, and that all the + wants of the community in relation to exchange and currency + are supplied as well as they have ever been before. If under + circumstances the most unfavorable to the steadiness of the + money market it has been found that the considerations on + which the Bank of the United States rested its claims to the + public favor were imaginary and groundless, it can not be + doubted that the experience of the future will be more + decisive against them. + </p> + <p> + It has been seen that without the agency of a great moneyed + monopoly the revenue can be collected and conveniently and + safely applied to all the purposes of the public expenditure. + It is also ascertained that instead of being necessarily made + to promote the evils of an unchecked paper system, the + management of the revenue can be made auxiliary to the reform + which the legislatures of several of the States have already + commenced in regard to the suppression of small bills, and + which has only to be fostered by proper regulations on the + part of Congress to secure a practical return to the extent + required for the security of the currency to the + constitutional medium. Severed from the Government as + political engines, and not susceptible of dangerous extension + and combination, the State banks will not be tempted, nor + will they have the power, which we have seen exercised, to + divert the public funds from the legitimate purposes of the + Government. The collection and custody of the revenue, being, + on the contrary, a source of credit to them, will increase + the security which the States provide for a faithful + execution of their trusts by multiplying the scrutinies to + which their operations and accounts will be subjected. Thus + disposed, as well from interest as the obligations of their + charters, it can not be doubted that such conditions as + Congress may see fit to adopt respecting the deposits in + these institutions, with a view to the gradual disuse, of the + small bills will be cheerfully complied with, and that we + shall soon gain in place of the Bank of the United States a + practical reform in the whole paper system of the country. If + by this policy we can ultimately witness the suppression of + all bank bills below $20, it is apparent that gold and silver + will take their place and become the principal circulating + medium in the common business of the farmers and mechanics of + the country. The attainment of such a result will form an era + in the history of our country which will be dwelt upon with + delight by every true friend of its liberty and independence. + It will lighten the great tax which our paper system has so + long collected from the earnings of labor, and do more to + revive and perpetuate those habits of economy and simplicity + which are so congenial to the character of republicans than + all the legislation which has yet been attempted. + </p> + <p> + To this subject I feel that I can not too earnestly invite + the special attention of Congress, without the exercise of + whose authority the opportunity to accomplish so much public + good must pass unimproved. Deeply impressed with its vital + importance, the Executive has taken all the steps within his + constitutional power to guard the public revenue and defeat + the expectation which the Bank of the United States indulged + of renewing and perpetuating its monopoly on the ground of + its necessity as a fiscal agent and as affording a sounder + currency than could be obtained without such an institution. + In the performance of this duty much responsibility was + incurred which would have been gladly avoided if the stake + which the public had in the question could have been + otherwise preserved. Although clothed with the legal + authority and supported by precedent, I was aware that there + was in the act of the removal of the deposits a liability to + excite that sensitiveness to Executive power which it is the + characteristic and the duty of freemen to indulge; but I + relied on this feeling also, directed by patriotism and + intelligence, to vindicate the conduct which in the end would + appear to have been called for by the best interests of my + country. The apprehensions natural to this feeling that there + may have been a desire, through the instrumentality of that + measure, to extend the Executive influence, or that it may + have been prompted by motives not sufficiently free from + ambition, were not overlooked. Under the operation of our + institutions the public servant who is called on to take a + step of high responsibility should feel in the freedom which + gives rise to such apprehensions his highest security. When + unfounded the attention which they arouse and the discussions + they excite deprive those who indulge them of the power to do + harm; when just they but hasten the certainty with which the + great body of our citizens never fail to repel an attempt to + procure their sanction to any exercise of power inconsistent + with the jealous maintenance of their rights. Under such + convictions, and entertaining no doubt that my constitutional + obligations demanded the steps which were taken in reference + to the removal of the deposits, it was impossible for me to + be deterred from the path of duty by a fear that my motives + could be misjudged or that political prejudices could defeat + the just consideration of the merits of my conduct. The + result has shewn how safe is this reliance upon the patriotic + temper and enlightened discernment of the people. That + measure has now been before them and has stood the test of + all the severe analysis which its general importance, the + interests it affected, and the apprehensions it excited were + calculated to produce, and it now remains for Congress to + consider what legislation has become necessary in + consequence. + </p> + <p> + I need only add to what I have on former occasions said on + this subject generally that in the regulations which Congress + may prescribe respecting the custody of the public moneys it + is desirable that as little discretion as may be deemed + consistent with their safe-keeping should be given to the + executive agents. No one can be more deeply impressed than I + am with the soundness of the doctrine which restrains and + limits, by specific provisions, executive discretion, as far + as it can be done consistently with the preservation of its + constitutional character. In respect to the control over the + public money this doctrine is peculiarly applicable, and is + in harmony with the great principle which I felt I was + sustaining in the controversy with the Bank of the United + States, which has resulted in severing to some extent a + dangerous connection between a moneyed and political power. + The duty of the Legislature to define, by clear and positive + enactments, the nature and extent of the action which it + belongs to the Executive to superintend springs out of a + policy analogous to that which enjoins upon all the branches + of the Federal Government an abstinence from the exercise of + powers not clearly granted. + </p> + <p> + In such a Government, possessing only limited and specific + powers, the spirit of its general administration can not be + wise or just when it opposes the reference of all doubtful + points to the great source of authority, the States and the + people, whose number and diversified relations, securing them + against the influences and excitements which may mislead + their agents, make them the safest depository of power. In + its application to the Executive, with reference to the + legislative branch of the Government, the same rule of action + should make the President ever anxious to avoid the exercise + of any discretionary authority which can be regulated by + Congress. The biases which may operate upon him will not be + so likely to extend to the representatives of the people in + that body. + </p> + <p> + In my former messages to Congress I have repeatedly urged the + propriety of lessening the discretionary authority lodged in + the various Departments, but it has produced no effect as + yet, except the discontinuance of extra allowances in the + Army and Navy and the substitution of fixed salaries in the + latter. It is believed that the same principles could be + advantageously applied in all cases, and would promote the + efficiency and economy of the public service, at the same + time that greater satisfaction and more equal justice would + be secured to the public officers generally. + </p> + <p> + The accompanying report of the Secretary of War will put you + in possession of the operations of the Department confided to + his care in all its diversified relations during the past + year. + </p> + <p> + I am gratified in being able to inform you that no occurrence + has required any movement of the military force, except such + as is common to a state of peace. The services of the Army + have been limited to their usual duties at the various + garrisons upon the Atlantic and inland frontier, with the + exceptions stated by the Secretary of War. Our small military + establishment appears to be adequate to the purposes for + which it is maintained, and it forms a nucleus around which + any additional force may be collected should the public + exigencies unfortunately require any increase of our military + means. + </p> + <p> + The various acts of Congress which have been recently passed + in relation to the Army have improved its condition, and have + rendered its organization more useful and efficient. It is at + all times in a state for prompt and vigorous action, and it + contains within itself the power of extension to any useful + limit, while at the same time it preserves that knowledge, + both theoretical and practical, which education and + experience alone can give, and which, if not acquired and + preserved in time of peace, must be sought under great + disadvantages in time of war. + </p> + <p> + The duties of the Engineer Corps press heavily upon that + branch of the service, and the public interest requires an + addition to its strength. The nature of the works in which + the officers are engaged renders necessary professional + knowledge and experience, and there is no economy in + committing to them more duties than they can perform or in + assigning these to other persons temporarily employed, and + too often of necessity without all the qualifications which + such service demands. I recommend this subject to your + attention, and also the proposition submitted at the last + session of Congress and now renewed, for a reorganization of + the Topographical Corps. This reorganization can be effected + without any addition to the present expenditure and with much + advantage to the public service. The branch of duties which + devolves upon these officers is at all times interesting to + the community, and the information furnished by them is + useful in peace and war. + </p> + <p> + Much loss and inconvenience have been experienced in + consequence of the failure of the bill containing the + ordinary appropriations for fortifications which passed one + branch of the National Legislature at the last session, but + was lost in the other. This failure was the more regretted + not only because it necessarily interrupted and delayed the + progress of a system of national defense, projected + immediately after the last war and since steadily pursued, + but also because it contained a contingent appropriation, + inserted in accordance with the views of the Executive, in + aid of this important object and other branches of the + national defense, some portions of which might have been most + usefully applied during the past season. I invite your early + attention to that part of the report of the Secretary of War + which relates to this subject, and recommend an appropriation + sufficiently liberal to accelerate the armament of the + fortifications agreeably to the proposition submitted by him, + and to place our whole Atlantic seaboard in a complete state + of defense. A just regard to the permanent interests of the + country evidently requires this measure, but there are also + other reasons which at the present juncture give it peculiar + force and make it my duty to call to the subject your special + consideration. + </p> + <p> + The present system of military education has been in + operation sufficiently long to test its usefulness, and it + has given to the Army a valuable body of officers. It is not + alone in the improvement, discipline, and operation of the + troops that these officers are employed. They are also + extensively engaged in the administrative and fiscal concerns + of the various matters confided to the War Department; in the + execution of the staff duties usually appertaining to + military organization; in the removal of the Indians and in + the disbursement of the various expenditures growing out of + our Indian relations; in the formation of roads and in the + improvement of harbors and rivers; in the construction of + fortifications, in the fabrication of much of the + <i>matériel</i> required for the public defense, and + in the preservation, distribution, and accountability of the + whole, and in other miscellaneous duties not admitting of + classification. + </p> + <p> + These diversified functions embrace very heavy expenditures + of public money, and require fidelity, science, and business + habits in their execution, and a system which shall secure + these qualifications is demanded by the public interest. That + this object has been in a great measure obtained by the + Military Academy is shewn by the state of the service and by + the prompt accountability which has generally followed the + necessary advances. Like all other political systems, the + present mode of military education no doubt has its + imperfections, both of principle and practice; but I trust + these can be improved by rigid inspections and by legislative + scrutiny without destroying the institution itself. + </p> + <p> + Occurrences to which we as well as all other nations are + liable, both in our internal and external relations, point to + the necessity of an efficient organization of the militia. I + am again induced by the importance of the subject to bring it + to your attention. To suppress domestic violence and to repel + foreign invasion, should these calamities overtake us, we + must rely in the first instance upon the great body of the + community whose will has instituted and whose power must + support the Government. A large standing military force is + not consonant to the spirit of our institutions nor to the + feelings of our countrymen, and the lessons of former days + and those also of our own times shew the danger as well as + the enormous expense of these permanent and extensive + military organizations. That just medium which avoids an + inadequate preparation on one hand and the danger and expense + of a large force on the other is what our constituents have a + right to expect from their Government. This object can be + attained only by the maintenance of a small military force + and by such an organization of the physical strength of the + country as may bring this power into operation whenever its + services are required. A classification of the population + offers the most obvious means of effecting this organization. + Such a division may be made as will be just to all by + transferring each at a proper period of life from one class + to another and by calling first for the services of that + class, whether for instruction or action, which from age is + qualified for the duty and may be called to perform it with + least injury to themselves or to the public. Should the + danger ever become so imminent as to require additional + force, the other classes in succession would be ready for the + call. And if in addition to this organization voluntary + associations were encouraged and inducements held out for + their formation, our militia would be in a state of efficient + service. Now, when we are at peace, is the proper time to + digest and establish a practicable system. The object is + certainly worth the experiment and worth the expense. No one + appreciating the blessings of a republican government can + object to his share of the burden which such a plan may + impose. Indeed, a moderate portion of the national funds + could scarcely be better applied than in carrying into effect + and continuing such an arrangement, and in giving the + necessary elementary instruction. We are happily at peace + with all the world. A sincere desire to continue so and a + fixed determination to give no just cause of offense to other + nations furnish, unfortunately, no certain grounds of + expectation that this relation will be uninterrupted. With + this determination to give no offense is associated a + resolution, equally decided, tamely to submit to none. The + armor and the attitude of defense afford the best security + against those collisions which the ambition, or interest, or + some other passion of nations not more justifiable is liable + to produce. In many countries it is considered unsafe to put + arms into the hands of the people and to instruct them in the + elements of military knowledge. That fear can have no place + here when it is recollected that the people are the sovereign + power. Our Government was instituted and is supported by the + ballot box, not by the musket. Whatever changes await it, + still greater changes must be made in our social institutions + before our political system can yield to physical force. In + every aspect, therefore, in which I can view the subject I am + impressed with the importance of a prompt and efficient + organization of the militia. + </p> + <p> + The plan of removing the aboriginal people who yet remain + within the settled portions of the United States to the + country west of the Mississippi River approaches its + consummation. It was adopted on the most mature consideration + of the condition of this race, and ought to be persisted in + till the object is accomplished, and prosecuted with as much + vigor as a just regard to their circumstances will permit, + and as fast as their consent can be obtained. All preceding + experiments for the improvement of the Indians have failed. + It seems now to be an established fact that they can not live + in contact with a civilized community and prosper. Ages of + fruitless endeavors have at length brought us to a knowledge + of this principle of intercommunication with them. The past + we can not recall, but the future we can provide for. + Independently of the treaty stipulations into which we have + entered with the various tribes for the usufructuary rights + they have ceded to us, no one can doubt the moral duty of the + Government of the United States to protect and if possible to + preserve and perpetuate the scattered remnants of this race + which are left within our borders. In the discharge of this + duty an extensive region in the West has been assigned for + their permanent residence. It has been divided into districts + and allotted among them. Many have already removed and others + are preparing to go, and with the exception of two small + bands living in Ohio and Indiana, not exceeding 1,500 + persons, and of the Cherokees, all the tribes on the east + side of the Mississippi, and extending from Lake Michigan to + Florida, have entered into engagements which will lead to + their transplantation. + </p> + <p> + The plan for their removal and reestablishment is founded + upon the knowledge we have gained of their character and + habits, and has been dictated by a spirit of enlarged + liberality. A territory exceeding in extent that relinquished + has been granted to each tribe. Of its climate, fertility, + and capacity to support an Indian population the + representations are highly favorable. To these districts the + Indians are removed at the expense of the United States, and + with certain supplies of clothing, arms, ammunition, and + other indispensable articles; they are also furnished + gratuitously with provisions for the period of a year after + their arrival at their new homes. In that time, from the + nature of the country and of the products raised by them, + they can subsist themselves by agricultural labor, if they + choose to resort to that mode of life; if they do not they + are upon the skirts of the great prairies, where countless + herds of buffalo roam, and a short time suffices to adapt + their own habits to the changes which a change of the animals + destined for their food may require. Ample arrangements have + also been made for the support of schools; in some instances + council houses and churches are to be erected, dwellings + constructed for the chiefs, and mills for common use. Funds + have been set apart for the maintenance of the poor; the most + necessary mechanical arts have been introduced, and + blacksmiths, gunsmiths, wheelwrights, millwrights, etc., are + supported among them. Steel and iron, and sometimes salt, are + purchased for them, and plows and other farming utensils, + domestic animals, looms, spinning wheels, cards, etc., are + presented to them. And besides these beneficial arrangements, + annuities are in all cases paid, amounting in some instances + to more than $30 for each individual of the tribe, and in all + cases sufficiently great, if justly divided and prudently + expended, to enable them, in addition to their own exertions, + to live comfortably. And as a stimulus for exertion, it is + now provided by law that "in all cases of the appointment of + interpreters or other persons employed for the benefit of the + Indians a preference shall be given to persons of Indian + descent, if such can be found who are properly qualified for + the discharge of the duties." + </p> + <p> + Such are the arrangements for the physical comfort and for + the moral improvement of the Indians. The necessary measures + for their political advancement and for their separation from + our citizens have not been neglected. The pledge of the + United States has been given by Congress that the country + destined for the residence of this people shall be forever + "secured and guaranteed to them." A country west of Missouri + and Arkansas has been assigned to them, into which the white + settlements are not to be pushed. No political communities + can be formed in that extensive region, except those which + are established by the Indians themselves or by the United + States for them and with their concurrence. A barrier has + thus been raised for their protection against the + encroachment of our citizens, and guarding the Indians as far + as possible from those evils which have brought them to their + present condition. Summary authority has been given by law to + destroy all ardent spirits found in their country, without + waiting the doubtful result and slow process of a legal + seizure. I consider the absolute and unconditional + interdiction of this article among these people as the first + and great step in their melioration. Halfway measures will + answer no purpose. These can not successfully contend against + the cupidity of the seller and the overpowering appetite of + the buyer. And the destructive effects of the traffic are + marked in every page of the history of our Indian + intercourse. + </p> + <p> + Some general legislation seems necessary for the regulation + of the relations which will exist in this new state of things + between the Government and people of the United States and + these transplanted Indian tribes, and for the establishment + among the latter, and with their own consent, of some + principles of intercommunication which their juxtaposition + will call for; that moral may be substituted for physical + force, the authority of a few and simple laws for the + tomahawk, and that an end may be put to those bloody wars + whose prosecution seems to have made part of their social + system. + </p> + <p> + After the further details of this arrangement are completed, + with a very general supervision over them, they ought to be + left to the progress of events. These, I indulge the hope, + will secure their prosperity and improvement, and a large + portion of the moral debt we owe them will then be paid. + </p> + <p> + The report from the Secretary of the Navy, shewing the + condition of that branch of the public service, is + recommended to your special attention. It appears from it + that our naval force at present in commission, with all the + activity which can be given to it, is inadequate to the + protection of our rapidly increasing commerce. This + consideration and the more general one which regards this arm + of the national defense as our best security against foreign + aggressions strongly urge the continuance of the measures + which promote its gradual enlargement and a speedy increase + of the force which has been heretofore employed abroad and at + home. You will perceive from the estimates which appear in + the report of the Secretary of the Navy that the expenditures + necessary to this increase of its force, though of + considerable amount, are small compared with the benefits + which they will secure to the country. + </p> + <p> + As a means of strengthening this national arm I also + recommend to your particular attention the propriety of the + suggestion which attracted the consideration of Congress at + its last session, respecting the enlistment of boys at a + suitable age in the service. In this manner a nursery of + skillful and able-bodied seamen can be established, which + will be of the greatest importance. Next to the capacity to + put afloat and arm the requisite number of ships is the + possession of the means to man them efficiently, and nothing + seems better calculated to aid this object than the measure + proposed. As an auxiliary to the advantages derived from our + extensive commercial marine, it would furnish us with a + resource ample enough for all the exigencies which can be + anticipated. Considering the state of our resources, it can + not be doubted that whatever provision the liberality and + wisdom of Congress may now adopt with a view to the perfect + organization of this branch of our service will meet the + approbation of all classes of our citizens. + </p> + <p> + By the report of the Postmaster-General it appears that the + revenue of the Department during the year ending on the 30th + day of June last exceeded its accruing responsibilities + $236,206, and that the surplus of the present fiscal year is + estimated at $476,227. It further appears that the debt of + the Department on the 1st day of July last, including the + amount due to contractors for the quarter then just expired, + was about $1,064,381, exceeding the available means about + $23,700; and that on the 1st instant about $597,077 of this + debt had been paid—$409,991 out of postages accruing + before July and $187,086 out of postages accruing since. In + these payments are included $67,000 of the old debt due to + banks. After making these payments the Department had $73,000 + in bank on the 1st instant. The pleasing assurance is given + that the Department is entirely free from embarrassment, and + that by collection of outstanding balances and using the + current surplus the remaining portion of the bank debt and + most of the other debt will probably be paid in April next, + leaving thereafter a heavy amount to be applied in extending + the mail facilities of the country. Reserving a considerable + sum for the improvement of existing mail routes, it is stated + that the Department will be able to sustain with perfect + convenience an annual charge of $300,000 for the support of + new routes, to commence as soon as they can be established + and put in operation. + </p> + <p> + The measures adopted by the Postmaster-General to bring the + means of the Department into action and to effect a speedy + extinguishment of its debt, as well as to produce an + efficient administration of its affairs, will be found + detailed at length in his able and luminous report. Aided by + a reorganization on the principles suggested and such + salutary provisions in the laws regulating its administrative + duties as the wisdom of Congress may devise or approve, that + important Department will soon attain a degree of usefulness + proportioned to the increase of our population and the + extension of our settlements. + </p> + <p> + Particular attention is solicited to that portion of the + report of the Postmaster-General which relates to the + carriage of the mails of the United States upon railroads + constructed by private corporations under the authority of + the several States. The reliance which the General Government + can place on those roads as a means of carrying on its + operations and the principles on which the use of them is to + be obtained can not too soon be considered and settled. + Already does the spirit of monopoly begin to exhibit its + natural propensities in attempts to exact from the public, + for services which it supposes can not be obtained on other + terms, the most extravagant compensation. If these claims be + persisted in, the question may arise whether a combination of + citizens, acting under charters of incorporation from the + States, can, by a direct refusal or the demand of an + exorbitant price, exclude the United States from the use of + the established channels of communication between the + different sections of the country, and whether the United + States can not, without transcending their constitutional + powers, secure to the Post-Office Department the use of those + roads by an act of Congress which shall provide within itself + some equitable mode of adjusting the amount of compensation. + To obviate, if possible, the necessity of considering this + question, it is suggested whether it be not expedient to fix + by law the amounts which shall be offered to railroad + companies for the conveyance of the mails, graduated + according to their average weight, to be ascertained and + declared by the Postmaster-General. It is probable that a + liberal proposition of that sort would be accepted. + </p> + <p> + In connection with these provisions in relation to the + Post-Office Department, I must also invite your attention to + the painful excitement produced in the South by attempts to + circulate through the mails inflammatory appeals addressed to + the passions of the slaves, in prints and in various sorts of + publications, calculated to stimulate them to insurrection + and to produce all the horrors of a servile war. There is + doubtless no respectable portion of our countrymen who can be + so far misled as to feel any other sentiment than that of + indignant regret at conduct so destructive of the harmony and + peace of the country, and so repugnant to the principles of + our national compact and to the dictates of humanity and + religion. Our happiness and prosperity essentially depend + upon peace within our borders, and peace depends upon the + maintenance in good faith of those compromises of the + Constitution upon which the Union is founded. It is fortunate + for the country that the good sense, the generous feeling, + and the deep-rooted attachment of the people of the + nonslaveholding States to the Union and to their + fellow-citizens of the same blood in the South have given so + strong and impressive a tone to the sentiments entertained + against the proceedings of the misguided persons who have + engaged in these unconstitutional and wicked attempts, and + especially against the emissaries from foreign parts who have + dared to interfere in this matter, as to authorize the hope + that those attempts will no longer be persisted in. But if + these expressions of the public will shall not be sufficient + to effect so desirable a result, not a doubt can be + entertained that the nonslaveholding States, so far from + countenancing the slightest interference with the + constitutional rights of the South, will be prompt to + exercise their authority in suppressing so far as in them + lies whatever is calculated to produce this evil. + </p> + <p> + In leaving the care of other branches of this interesting + subject to the State authorities, to whom they properly + belong, it is nevertheless proper for Congress to take such + measures as will prevent the Post-Office Department, which + was designed to foster an amicable intercourse and + correspondence between all the members of the Confederacy, + from being used as an instrument of an opposite character. + The General Government, to which the great trust is confided + of preserving inviolate the relations created among the + States by the Constitution, is especially bound to avoid in + its own action anything that may disturb them. I would + therefore call the special attention of Congress to the + subject, and respectfully suggest the propriety of passing + such a law as will prohibit, under severe penalties, the + circulation in the Southern States, through the mail, of + incendiary publications intended to instigate the slaves to + insurrection. + </p> + <p> + I felt it to be my duty in the first message which I + communicated to Congress to urge upon its attention the + propriety of amending that part of the Constitution which + provides for the election of the President and the + Vice-President of the United States. The leading object which + I had in view was the adoption of some new provisions which + would secure to the people the performance of this high duty + without any intermediate agency. In my annual communications + since I have enforced the same views, from a sincere + conviction that the best interests of the country would be + promoted by their adoption. If the subject were an ordinary + one, I should have regarded the failure of Congress to act + upon it as an indication of their judgment that the + disadvantages which belong to the present system were not so + great as those which would result from any attainable + substitute that had been submitted to their consideration. + Recollecting, however, that propositions to introduce a new + feature in our fundamental laws can not be too patiently + examined, and ought not to be received with favor until the + great body of the people are thoroughly impressed with their + necessity and value as a remedy for real evils, I feel that + in renewing the recommendation I have heretofore made on this + subject I am not transcending the bounds of a just deference + to the sense of Congress or to the disposition of the people. + However much we may differ in the choice of the measures + which should guide the administration of the Government, + there can be but little doubt in the minds of those who are + really friendly to the republican features of our system that + one of its most important securities consists in the + separation of the legislative and executive powers at the + same time that each is held responsible to the great source + of authority, which is acknowledged to be supreme, in the + will of the people constitutionally expressed. My reflection + and experience satisfy me that the framers of the + Constitution, although they were anxious to mark this feature + as a settled and fixed principle in the structure of the + Government, did not adopt all the precautions that were + necessary to secure its practical observance, and that we can + not be said to have carried into complete effect their + intentions until the evils which arise from this organic + defect are remedied. + </p> + <p> + Considering the great extent of our Confederacy, the rapid + increase of its population, and the diversity of their + interests and pursuits, it can not be disguised that the + contingency by which one branch of the Legislature is to form + itself into an electoral college can not become one of + ordinary occurrence without producing incalculable mischief. + What was intended as the medicine of the Constitution in + extreme cases can not be frequently used without changing its + character and sooner or later producing incurable disorder. + </p> + <p> + Every election by the House of Representatives is calculated + to lessen the force of that security which is derived from + the distinct and separate character of the legislative and + executive functions, and while it exposes each to temptations + adverse to their efficiency as organs of the Constitution and + laws, its tendency will be to unite both in resisting the + will of the people, and thus give a direction to the + Government antirepublican and dangerous. All history tells us + that a free people should be watchful of delegated power, and + should never acquiesce in a practice which will diminish + their control over it. This obligation, so universal in its + application to all the principles of a republic, is + peculiarly so in ours, where the formation of parties founded + on sectional interests is so much fostered by the extent of + our territory. These interests, represented by candidates for + the Presidency, are constantly prone, in the zeal of party + and selfish objects, to generate influences unmindful of the + general good and forgetful of the restraints which the great + body of the people would enforce if they were in no + contingency to lose the right of expressing their will. The + experience of our country from the formation of the + Government to the present day demonstrates that the people + can not too soon adopt some stronger safeguard for their + right to elect the highest officers known to the Constitution + than is contained in that sacred instrument as it now stands. + </p> + <p> + It is my duty to call the particular attention of Congress to + the present condition of the District of Columbia. From + whatever cause the great depression has arisen which now + exists in the pecuniary concerns of this District, it is + proper that its situation should be fully understood and such + relief or remedies provided as are consistent with the powers + of Congress. I earnestly recommend the extension of every + political right to the citizens of this District which their + true interests require, and which does not conflict with the + provisions of the Constitution. It is believed that the laws + for the government of the District require revisal and + amendment, and that much good may be done by modifying the + penal code so as to give uniformity to its provisions. + </p> + <p> + Your attention is also invited to the defects which exist in + the judicial system of the United States. As at present + organized the States of the Union derive unequal advantages + from the Federal judiciary, which have been so often pointed + out that I deem it unnecessary to repeat them here. It is + hoped that the present Congress will extend to all the States + that equality in respect to the benefits of the laws of the + Union which can only be secured by the uniformity and + efficiency of the judicial system. + </p> + <p> + With these observations on the topics of general interest + which are deemed worthy of your consideration, I leave them + to your care, trusting that the legislative measures they + call for will be met as the wants and the best interests of + our beloved country demand. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to the Duke de Broglie</i>. + </center> + <p class="r"> + LEGATION OF THE UNITED STATES,<br> + <i>Paris, April 25, 1835</i>. + </p> + <p> + His Excellency the DUC de BROGLIE, etc.,<br> + <i>Minister Secretary of State for Foreign Affairs</i>. + </p> + <p> + SIR: About to return to my own country, I am unwilling to + leave this without adding one more effort to the many I have + heretofore made to restore to both that mutual good + understanding which their best interests require, and which + probable events may interrupt and perhaps permanently + destroy. + </p> + <p> + From the correspondence and acts of His Majesty's Government + since the message of the President of the United States was + known at Paris it is evident that an idea is entertained of + making the fulfillment of the treaty of 1831 dependent on + explanations to be given of the terms used in the message, + and withholding payment of an acknowledged debt until + satisfaction be given for a supposed indecorum in demanding + it. The bare possibility that this opinion might be + entertained and acted upon by His Majesty's Government + renders it incumbent on me to state explicitly what I + understand to be the sentiments of mine on this subject. + </p> + <p> + Erroneous impressions, arising from the want of a proper + attention to the structure of our Government, to the duties + of its Chief Magistrate, to the principles it has adopted and + its strict adherence to them in similar cases, might raise + expectations which could never be realized and lead to + measures destructive of all harmony between the parties. This + communication is made in full confidence that it is the wish + of His Majesty's Government, as it most sincerely is that of + the President, to avoid all measures of that description; and + it is hoped, therefore, that it will be received in the + spirit by which it is dictated—that of conciliation and + peace. + </p> + <p> + The form of our Government and the functions of the President + as a component part of it have in their relation to this + subject been sufficiently explained in my previous + correspondence, especially in my letter to the Comte de Rigny + of the 29th of January last. I have therefore little to add + to that part of my representation which is drawn from the + form of our Government and the duties of the President in + administering it. If these are fully understood, the + principles of action derived from them can not be mistaken. + </p> + <p> + The President, as the chief executive power, must have a free + and entirely unfettered communication with the coordinate + powers of Government. As the organ of intercourse with other + nations, he is the only source from which a knowledge of our + relations with them can be conveyed to the legislative + branches. It results from this that the utmost freedom from + all restraint in the details into which he is obliged to + enter of international concerns and of the measures in + relation to them is essential to the proper performance of + this important part of his functions. He must exercise them + without having continually before him the fear of offending + the susceptibility of the powers whose conduct he is obliged + to notice. In the performance of this duty he is subject to + public opinion and his own sense of propriety for an + indiscreet, to his constituents for a dangerous, and to his + constitutional judges for an illegal, exercise of the power, + but to no other censure, foreign or domestic. Were any + foreign powers permitted to scan the communications of the + Executive, their complaints, whether real or affected, would + involve the country in continual controversies; for the right + being acknowledged, it would be a duty to exercise it by + demanding a disavowal of every phrase they might deem + offensive and an explanation of every word to which an + improper interpretation could be given. The principle, + therefore, has been adopted that no foreign power has a right + to ask for explanations of anything that the President, in + the exercise of his functions, thinks proper to communicate + to Congress, or of any course he may advise them to pursue. + This rule is not applicable to the Government of the United + States alone, but, in common with it, to all those in which + the constitutional powers are distributed into different + branches. No such nation desirous of avoiding foreign + influence or foreign interference in its councils; no such + nation possessing a due sense of its dignity and + independence, can long submit to the consequences of this + interference. When these are felt, as they soon will be, all + must unite in repelling it, and acknowledge that the United + States are contending in a cause common to them all, and more + important to the liberal Governments of Europe than even to + themselves; for it is too obvious to escape the slightest + attention that the Monarchies of Europe by which they are + surrounded will have all the advantage of this supervision of + the domestic councils of their neighbors without being + subject to it themselves. It is true that in the + representative Governments of Europe executive communications + to legislative bodies have not the extension that is given to + them in the United States, and that they are therefore less + liable to attack on that quarter; but they must not imagine + themselves safe. In the opening address, guarded as it + commonly is, every proposition made by the ministry, every + resolution of either chamber, will offer occasions for the + jealous interference of national punctilio, for all occupy + the same grounds. No intercommunication of the different + branches of Government will be safe, and even the courts of + justice will afford no sanctuary for freedom of decision and + of debate, and the susceptibility of foreign powers must be + consulted in all the departments of Government. Occasions for + intervention in the affairs of other countries are but too + numerous at present, without opening another door to + encroachments; and it is no answer to the argument to say + that no complaints will be made but for reasonable cause, and + that of this, the nation complained of being the judge, no + evil can ensue. But this argument concedes the right of + examining the communications in question, which is denied. + Allow it and you will have frivolous as well as grave + complaints to answer, and must not only heal the wounds of a + just national pride, but apply a remedy to those of a morbid + susceptibility. To show that my fear of the progressive + nature of these encroachments is not imaginary, I pray leave + to call your excellency's attention to the inclosed report + from the Secretary of State to the President. It is offered + for illustration, not for complaint; I am instructed to make + none. Because the Government of France has taken exceptions + to the President's opening message, the chargé + d'affaires of France thinks it his duty to protest against a + special communication, and to point out the particular + passages in a correspondence of an American minister with his + own Government to the publication of which he objects. If the + principle I contest is just, the chargé d'affaires is + right. He has done his duty as a vigilant supervisor of the + President's correspondence. If the principle is admitted, + every diplomatic agent at Washington will do the same, and we + shall have twenty censors of the correspondence of the + Government and of the public press. If the principle is + correct, every communication which the President makes in + relation to our foreign affairs, either to the Congress or to + the public, ought in prudence to be previously submitted to + these ministers, in order to avoid disputes and troublesome + and humiliating explanations. If the principle be submitted + to, neither dignity nor independence is left to the nation. + To submit even to a discreet exercise of such a privilege + would be troublesome and degrading, and the inevitable abuse + of it could not be borne. It must therefore be resisted at + the threshold, and its entrance forbidden into the sanctuary + of domestic consultations. But whatever may be the principles + of other governments, those of the United States are fixed; + the right will never be acknowledged, and any attempt to + enforce it will be repelled by the undivided energy of the + nation. + </p> + <p> + I pray your excellency to observe that my argument does not + deny a right to all foreign powers of taking proper + exceptions to the governmental acts and language of another. + It is to their interference in its consultations, in its + proceedings while yet in an inchoate state, that we object. + Should the President do an official executive act affecting a + foreign power, or use exceptionable language in addressing it + through his minister or through theirs; should a law be + passed injurious to the dignity of another nation—in + all these and other similar cases a demand for explanation + would be respectfully received, and answered in the manner + that justice and a regard to the dignity of the complaining + nation would require. + </p> + <p> + After stating these principles, let me add that they have not + only been theoretically adopted, but that they have been + practically asserted. On two former occasions exceptions of + the same nature were taken to the President's message by the + Government of France, and in neither did they produce any + other explanation than that derived from the nature of our + Government, and this seems on those occasions to have been + deemed sufficient, for in both cases the objections were + virtually abandoned—one when Messrs. Marshall, Gerry, + and Pinckney were refused to be received, and again in the + negotiation between Prince Polignac and Mr. Rives. In the + former case, although the message of the President was + alleged as the cause of the refusal to receive the ministers, + yet without any such explanation their successors were + honorably accredited. In the latter case the allusion in the + message to an apprehended collision was excepted to, but the + reference made by Mr. Rives to the constitutional duties of + the President seems to have removed the objection. + </p> + <p> + Having demonstrated that the United States can not in any + case permit their Chief Magistrate to be questioned by any + foreign government in relation to his communications with the + coordinate branches of his own, it is scarcely necessary to + consider the case of such an explanation being required as + the condition on which the fulfillment of a treaty or any + pecuniary advantage was to depend. The terms of such a + proposition need only be stated to show that it would be not + only inadmissible, but rejected as offensive to the nation to + which it might be addressed. In this case it would be + unnecessary as well as inadmissible. France has already + received, by the voluntary act of the President, every + explanation the nicest sense of national honor could desire. + That which could not have been given to a demand, that which + can never be given on the condition now under discussion, a + fortunate succession of circumstances, as I shall proceed to + shew, has brought about. Earnestly desirous of restoring the + good understanding between the two nations, as soon as a + dissatisfaction with the President's message was shewn I + suppressed every feeling which the mode of expressing that + dissatisfaction was calculated to produce, and without + waiting for instructions I hastened on my own responsibility + to make a communication to your predecessor in office on the + subject. In this, under the reserve that the President could + not be called on for an explanation, I did in fact give one + that I thought would have removed all injurious impressions. + </p> + <p> + This is the first of the fortunate circumstances to which I + have alluded—fortunate in being made before any demand + implying a right to require it; fortunate in its containing, + without any knowledge of the precise parts of the message + which gave offense, answers to all that have since come to my + knowledge. I can easily conceive that the communication of + which I speak, made, as I expressly stated, without previous + authority from my Government, might not have had the effect + which its matter was intended to produce, but it has since + (as I have now the honor to inform your excellency) received + from the President his full and unqualified approbation; but + it is necessary to add that this was given before he had any + intimation of an intention to attach it as a condition to the + payment of the indemnity due by the treaty, given not only + when he was ignorant of any such intent, but when he was + informed by France that she intended to execute the treaty + and saw by the law which was introduced that it was not to be + fettered by any such condition. Thus that is already done by + a voluntary act which could not have been done when required + as a right, still less when made, what will unquestionably in + the United States be considered degrading, as a condition. At + this time, sir, I would for no consideration enter into the + details I then did. If I could now so far forget what under + present circumstances would be due to the dignity of my + country, I should be disavowed, and deservedly disavowed, by + the President. It is happy, therefore, I repeat, that the + good feeling of my country was evinced in the manner I have + stated at the only time when it could be done with honor; and + though present circumstances would forbid my making the + communication I then did, they do not prevent my referring to + it for the purpose of shewing that it contains, as I have + stated it does, everything that ought to have been + satisfactory. Actual circumstances enable me to do this now. + Future events, which I need not explain, may hereafter render + it improper, and it may be nugatory unless accepted as + satisfactory before the occurrence of those events. Let it be + examined with the care which the importance of giving it a + true construction requires. The objections to the message, as + far as I can understand, for they have never been specified, + are: + </p> + <p> + First. That it impeaches the good faith of His Majesty's + Government. + </p> + <p> + Secondly. That it contains a menace of enforcing the + performance of the treaty by reprisals. + </p> + <p> + On the first head, were I now discussing the terms of the + message itself, it would be easy to shew that it contains no + such charge. The allegation that the stipulations of a treaty + have not been complied with, that engagements made by + ministers have not been fulfilled, couched in respectful + terms, can never be deemed offensive, even when expressly + directed to the party whose infractions are complained of, + and consequently can never give cause for a demand of + explanation; otherwise it is evident that no consideration of + national injuries could ever take place. The message, + critically examined on this point, contains nothing more than + such an enumeration of the causes of complaint. As to its + terms, the most fastidious disposition can not fasten on one + that could be excepted to. The first refusal and subsequent + delay are complained of, but no unworthy motives for either + are charged or insinuated. On the whole, if I were + commissioned to explain and defend this part of the message, + I should say with the conviction of truth that it is + impossible to urge a complaint in milder or more temperate + terms; but I am not so commissioned. I am endeavoring to shew + not only that every proper explanation is given in my letter + to M. de Rigny of the 29th of January last, but that in + express terms it declares that the sincerity of His Majesty's + Government in their desire to execute the treaty was not + doubted. Suffer me to draw your excellency's attention to the + passages alluded to. In discussing the nature of M. + Sérurier's engagement I say: + </p> + <p> + "It is clear, therefore, that more was required than the + expression of a desire on the part of His Majesty's ministers + to execute the treaty, <i>a desire the sincerity of which was + never doubted, but which might be unavailing, as its + accomplishment depended on the vote of the Chambers</i>." + </p> + <p> + Again, in speaking of the delay which occurred in the month + of December, I say: + </p> + <p> + "It is referred to, I presume, in order to shew that it was + produced by a desire on the part of His Majesty's ministers + the better to assure the passage of the law. Of this, sir, I + never had a doubt, and immediately so advised my Government, + and informed it, as was the fact, that I perfectly acquiesced + in the delay." + </p> + <p> + Thus it must be evident, not only that no offensive charge of + ill faith is made in the message, but that, as is expressly + stated in the first extract, full justice was done at + Washington to the intentions of the French Government. While + the delay is complained of us a wrong, no improper motives + are attributed to the Government in causing it. Again, sir, + the whole tenor of that part of my letter which relates to + the inexecution of the promise made by M. Sérurier, + while it asserts the construction put upon it by the + President to be the true one, and appeals to facts and + circumstances to support that construction, yet it avoids + charging the French Government with any intentional + violation, by attributing their delay to an erroneous + construction only; for in the letter (I again quote + literally) I say: + </p> + <p> + "I have entered into this detail with the object of showing + that although the ministers of the King, under the + interpretation they seem to have given to M. + Sérurier's promise, may have considered themselves at + liberty to defer the presentation of the law until the period + which they thought would best secure its success, yet the + President, interpreting that promise differently, feeling + that in consequence of it he had forborne to do what might be + strictly called a duty, and seeing that its performance had + not taken place, could not avoid stating the whole case + clearly and distinctly to Congress." + </p> + <p> + Thus, sir, the President, in stating the acts of which he + thought his country had reason to complain, does not make a + single imputation of improper motive, and to avoid all + misconstruction he offers a voluntary declaration that none + such were entertained. + </p> + <p> + The part of the message which seems to have caused the + greatest sensation in France is that in which, after a + statement of the causes of complaint, it enters into a + consideration of the measures to obtain redress which in + similar cases are sanctioned by the laws of nations. The + complaint seems to be that, in a discussion it was impossible + to avoid, of the efficacy and convenience of each, a + preference was given to reprisals, considered as a remedial, + not as a hostile, measure, and this has been construed into a + menace. If any explanations were necessary on this head, they + are given in the message itself. It is there expressly + disavowed, and the power and high character of France are + appealed to to shew that it never could be induced by threats + to do what its sense of justice denied. If the measure to + which I have more than once alluded should be resorted to, + and the humiliation attending a compliance with it could be + endured; if it were possible under such circumstances to give + an explanation, what more could be required than that which + is contained in the message itself that it was not intended + as a menace? If the measure to which I alluded should be + adopted and submitted to, what would His Majesty's Government + require? The disavowal of any intent to influence the + councils of France by threats? They have it already. It forms + a part of the very instrument which caused the offense, and I + will not do them the injustice to think that they could form + the offensive idea of requiring more. The necessity of + discussing the nature of the remedies for the nonexecution of + the treaty, the character and spirit in which it was done, + are explained in my letter so often referred to, and I pray + your excellency to consider the concluding part of it, + beginning with the quotation I have last made. But if I + wanted any argument to shew that no explanation of this part + of the message was necessary or could be required, I should + find it in the opinion—certainly a just + one—expressed by His Majesty's ministers, that the + recommendation of the President not having been adopted by + the other branches of the Government it was not a national + act, and could not be complained of as such. Nay, in the note + presented by M. Sérurier to the Government at + Washington and the measures which it announces (his recall + and the offer of my passports) the Government of His Majesty + seem to have done all that they thought its dignity required, + for they at the same time declare that the law providing for + the payment will be presented, but give no intimation of any + previous condition and annex none to the bill which they + present. The account of dignity being thus declared by this + demonstration to be settled, it can not be supposed that it + will again be introduced as a set-off against an acknowledged + pecuniary balance. Before I conclude my observations on this + part of the subject it will be well to inquire in what light + exceptions are taken to this part of the message, whether as + a menace generally or to the particular measure proposed. In + the first view, if every measure that a Government having + claims on another declares it must pursue if those claims are + not allowed (whatever may be the terms employed) is a menace, + it is necessary, and not objectionable unless couched in + offensive language; it is a fair declaration of what course + the party making it intends to pursue, and except in cases + where pretexts were wanted for a rupture have rarely been + objected to, even when avowedly the act of the nation, not, + as in this case, a proposal made by one branch of its + Government to another. Instances of this are not wanting, but + need not be here enumerated. One, however, ought to be + mentioned, because it is intimately connected with the + subject now under discussion. While the commerce of the + United States was suffering under the aggressions of the two + most powerful nations of the world the American Government, + in this sense of the word, menaced them both. It passed a law + in express terms declaring to them that unless they ceased + their aggressions America would hold no intercourse with + them; that their ships would be seized if they ventured into + American ports; that the productions of their soil or + industry should be forfeited. Here was an undisguised menace + in clear, unequivocal terms, and of course, according to the + argument against which I contend, neither France nor England + could deliberate under its pressure without dishonor. Yet the + Emperor of France, certainly an unexceptionable judge of what + the dignity of his country required, did deliberate, did + accept the condition, did repeal the Berlin and Milan + decrees, did not make any complaint of the act as a threat, + though he called it an injury. Great Britain, too, although + at that time on not very friendly terms with the United + States, made no complaint that her pride was offended. Her + minister on the spot even made a declaration that the + obnoxious orders were repealed. It is true he was disavowed, + but the disavowal was accompanied by no objections to the law + as a threat. Should the objection be to the nature of the + remedy proposed, and that the recommendation of reprisals is + the offensive part, it would be easy to show that it stands + on the same ground with any other remedy; that it is not + hostile in its nature; that it has been resorted to by France + to procure redress from other powers, and by them against + her, without producing war. But such an argument is not + necessary. This is not the case of a national measure, either + of menace or action; it is a recommendation only of one + branch of Government to another, and France has itself shown + that a proposal of this nature could not be noticed as an + offense. In the year 1808 the Senate of the United States + annexed to the bill of nonintercourse a section which not + only advised but actually authorized the President to issue + letters of marque and reprisal against both France and + England, if the one did not repeal the Berlin and Milan + decrees and the other did not revoke the orders in council. + This clause was not acceded to by the Representatives, but it + was complete as the act of the Senate; yet neither France nor + England complained of it as an indignity. Both powers had + ministers on the spot, and the dignity of neither seems to + have been offended. + </p> + <p> + If the view I have now taken of the subject be correct; if I + have succeeded in conveying to His Majesty's ministers the + conviction I myself feel that no right exists in any foreign + nation to ask explanations of or even to notice any + communications between the different branches of our + Government; that to admit it even in a single instance would + be a dangerous precedent and a derogation from national + dignity, and that in the present instance an explanation that + ought to be satisfactory has been voluntarily given, I have + then demonstrated that any measure founded on such supposed + right is not only inadmissible, but is totally unnecessary, + and consequently that His Majesty's ministers may at once + declare that previous explanations given by the minister of + the United States, and subsequently approved by the + President, had satisfied them on the subject of the message. + </p> + <p> + The motives of my Government during the whole course of this + controversy have been misunderstood or not properly + appreciated, and the question is daily changing its + character. A negotiation entered into for procuring + compensation to individuals involved no positive obligation + on their Governments to prosecute it to extremities. A solemn + treaty, ratified by the constitutional organs of the two + powers, changed the private into a public right. The + Government acquires by it a perfect right to insist on its + stipulations. All doubts as to their justice seem now to have + been removed, and every objection to the payment of a debt + acknowledged to be just will be severely scrutinized by the + impartial world. What character will be given to a refusal to + pay such a debt on the allegation, whether well or ill + founded, of an offense to national honor it does not become + me to say. The French nation are the last that would ever + appreciate national honor by any number of millions it could + withhold as a compensation for an injury offered to it. The + United States, commercial as they are, are the last that + would settle such an account. The proposition I allude to + would be unworthy of both, and it is sincerely to be hoped + that it will never be made. + </p> + <p> + To avoid the possibility of misapprehension, I repeat that + this communication is made with the single view of apprising + His Majesty's Government of the consequences attending a + measure which without such notice they might be inclined to + pursue; that although I am not authorized to state what + measures will be taken by the United States, yet I speak + confidently of the principles they have adopted, and have no + doubt they will never be abandoned. + </p> + <p> + This is the last communication I shall have the honor to + make. It is dictated by a sincere desire to restore a good + intelligence, which seems to be endangered by the very + measure intended to consolidate it. Whatever be the result, + the United States may appeal to the world to bear witness + that in the assertion of the rights of their citizens and the + dignity of their Government they have never swerved from the + respect due to themselves and from that which they owe to the + Government of France. + </p> + <p> + I pray your excellency to receive the assurance of the high + consideration with which I have the honor to be, your most + obedient servant, + </p> + <p class="r"> + EDW. LIVINGSTON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to Mr. Forsyth</i>. + </center> + <p class="r"> + WASHINGTON, <i>June 29, 1835</i>. + </p> + <p> + Hon. JOHN FORSYTH,<br> + <i>Secretary of State, etc.</i> + </p> + <p> + SIR: After having by my note to the Duke de Broglie dated the + 25th April last made a final effort to preserve a good + understanding between the United States and France by + suggesting such means of accommodation as I thought were + consistent with the honor of the one country to offer and of + the other to accept, I determined to avail myself of the + leave to return which was given by your dispatch, No,—, + rather than to remain, as I had desired to do, in England + waiting the result of my last communication. This step having + been approved by the President, I need not here refer to the + reasons which induced me to take it. Having received my + passports, I left Paris on the 29th of April. At the time of + my departure the note, of which a copy has been transmitted + to you, asking an explanation of the terms used in Mr. + Sérurier's communication to the Department remained + unanswered, but I have reason to believe that the answer when + given will be satisfactory. + </p> + <p> + The principal business with which I was charged having thus + been brought to a close, I presume that my services can no + longer be useful to my country, and I therefore pray that the + President will be pleased to accept my resignation of the + trust with which I have been honored. I shall terminate it by + transmitting to the Department some papers relating to + matters of minor importance which I soon expect to receive, + and will add the explanations which may yet be wanting to + give a full view of the affairs of the mission up to the time + of my leaving France. + </p> + <p> + I have the honor to be, sir, with perfect respect, your most + obedient servant, + </p> + <p class="r"> + EDW. LIVINGSTON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Livingston</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, June 30, 1835</i>. + </p> + <p> + EDWARD LIVINGSTON, Esq.,<br> + <i>Washington</i>. + </p> + <p> + SIR: Your letter of the 29th instant has been laid before the + President, and I am directed to reply that the President can + not allow you, who have been so long and usefully employed in + the public service, to leave the trust last confided to you + without an expression of his regard and respect, the result + of many years of intimate association in peace and war. + Although differing on some points of general policy, your + singleness of purpose, perfect integrity, and devotion to + your country have been always known to him. In the + embarrassing and delicate position you have lately occupied + your conduct, and especially your last official note in + closing your correspondence with the French Government, has + met his entire approbation, exhibiting as it does, with + truth, the anxious desire of the Government and the people of + the United States to maintain the most liberal and pacific + relations with the nation to which you were accredited, and a + sincere effort to remove ill-founded impressions and to + soothe the feelings of national susceptibility, even when + they have been unexpectedly excited, while at the same time + it discourages with a proper firmness any expectation that + the American Government can ever be brought to allow an + interference inconsistent with the spirit of its institutions + or make concessions incompatible with its self-respect. The + President is persuaded that he will be sustained in these + opinions by the undivided sentiment of the American people, + and that you will carry into a retirement which he trusts may + be temporary the consciousness not only of having performed + your duty, but of having realized the anticipations of your + fellow-citizens and secured for yourself and your country the + just appreciation of the world. + </p> + <p> + I am, sir, very respectfully, your obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON CITY, <i>December 8, 1835</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit herewith a report from the Secretary of the + Treasury, exhibiting certain transfers of appropriations that + have been made in that Department in pursuance of the power + vested in the President by the act of Congress of the 3d of + March, 1809, entitled "An act further to amend the several + acts for the establishment and regulation of the Treasury, + War, and Navy Departments." + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 9, 1835</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>. + </p> + <p> + GENTLEMEN: I herewith communicate, for the information of + Congress, a report of the Secretary of War, with accompanying + documents, showing the progress made during the present year + in the astronomical observations made under the act of the + 14th of July, 1832, relative to the northern boundary of the + State of Ohio. + </p> + <p> + The controversy between the authorities of the State of Ohio + and those of the Territory of Michigan in respect to this + boundary assumed about the time of the termination of the + last session of Congress a very threatening aspect, and much + care and exertion were necessary to preserve the jurisdiction + of the Territorial government under the acts of Congress and + to prevent a forcible collision between the parties. The + nature and course of the dispute and the measures taken by + the Executive for the purpose of composing it will fully + appear in the accompanying report from the Secretary of State + and the documents therein referred to. + </p> + <p> + The formation of a State government by the inhabitants of the + Territory of Michigan and their application, now pending, to + be admitted into the Union give additional force to the many + important reasons which call for the settlement of this + question by Congress at their present session. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 9, 1835</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>. + </p> + <p> + GENTLEMEN: By the act of the 11th of January, 1805, all that + part of the Indiana Territory lying north of a line drawn due + "east from the southerly bend or extreme of Lake Michigan + until it shall intersect Lake Erie, and east of a line drawn + from the said southerly bend through the middle of said lake + to its northern extremity, and thence due north to the + northern boundary of the United States," was erected into a + separate Territory by the name of Michigan. + </p> + <p> + The territory comprised within these limits being part of the + district of country described in the ordinance of the 13th of + July, 1787, which provides that whenever any of the States + into which the same should be divided should have 60,000 free + inhabitants such State should be admitted by its delegates + into the Congress of the United States on an equal footing + with the original States in all respects whatever, and shall + be at liberty to form a permanent constitution and State + government, provided the constitution and State government so + to be formed shall be republican, and in conformity to the + principles contained in these articles, etc., the inhabitants + thereof have during the present year, in pursuance of the + right secured by the ordinance, formed a constitution and + State government. That instrument, together with various + other documents connected therewith, has been transmitted to + me for the purpose of being laid before Congress, to whom the + power and duty of admitting new States into the Union + exclusively appertains; and the whole are herewith + communicated for your early decision. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 17, 1835</i>. + </p> + <p> + The VICE-PRESIDENT OF THE UNITED STATES AND PRESIDENT OF THE + SENATE: + </p> + <p> + I transmit, for the consideration of the Senate with a view + to its ratification, a convention between the United States + and the United Mexican States, concluded and signed by the + plenipotentiaries of the respective parties at the City of + Mexico on the 3d of April, 1835, and the object of which is + to extend the time for the appointment of their commissioners + and surveyors provided for by the third article of the treaty + of limits between them of the 12th of January, 1835. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 17, 1835</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress a report from the Secretary of State, + accompanying copies of certain papers relating to a bequest + to the United States by Mr. James Smithson, of London, for + the purpose of founding "at Washington an establishment under + the name of the Smithsonian Institution, for the increase and + diffusion of knowledge among men." The Executive having no + authority to take any steps for accepting the trust and + obtaining the funds, the papers are communicated with a view + to such measures as Congress may deem necessary. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 22, 1835</i>. + </p> + <p> + <i>To the Congress of the United States</i>: + </p> + <p> + I transmit herewith, for the information of Congress, a + report from the War Department, on the condition of the + Cumberland road in the States of Illinois and Indiana. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 22, 1835</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, for their consideration and advice + with regard to its ratification, a convention signed at Paris + by the plenipotentiaries of the United States and the Swiss + Confederation on the 6th of March last. A copy of the + convention is also transmitted for the convenience of the + Senate. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 23, 1835. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I hereby submit, for the advice and sanction of the Senate, + the inclosed proposal of the Secretary of the Treasury for + the investment of the proceeds of the sales of public lands + in behalf of the Chickasaw Indians under the treaties therein + mentioned. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 11, 1836</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + Having laid before Congress on the 9th ultimo the + correspondence which had previously taken place relative to + the controversy between Ohio and Michigan on the question of + boundary between that State and Territory, I now transmit + reports from the Secretaries of State and War on the subject, + with the papers therein referred to. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 12, 1836</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit herewith, for the consideration and advice of the + Senate as to the ratification of the same, the two treaties + concluded with the Carmanchee Indians and with the Caddo + Indians referred to in the accompanying communication from + the War Department. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 15, 1836</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>. + </p> + <p> + GENTLEMEN: In my message at the opening of your session I + informed you that our chargé d'affaires at Paris had + been instructed to ask for the final determination of the + French Government in relation to the payment of the + indemnification secured by the treaty of the 4th of July, + 1831, and that when advices of the result should be received + it would be made the subject of a special communication. + </p> + <p> + In execution of this design I now transmit to you the papers + numbered from 1 to 13, inclusive, containing among other + things the correspondence on this subject between our + chargé d'affaires and the French minister of foreign + affairs, from which it will be seen that France requires as a + condition precedent to the execution of a treaty + unconditionally ratified and to the payment of a debt + acknowledged by all the branches of her Government to be due + that certain explanations shall be made of which she dictates + the terms. These terms are such as that Government has + already been officially informed can not be complied with, + and if persisted in they must be considered as a deliberate + refusal on the part of France to fulfill engagements binding + by the laws of nations and held sacred by the whole civilized + world. The nature of the act which France requires from this + Government is clearly set forth in the letter of the French + minister marked No. 4. We will pay the money, says he, when + "<i>the Government of the United States is ready on its part + to declare to us, by addressing its claim to us officially in + writing, that it regrets the misunderstanding which has + arisen between the two countries; that this misunderstanding + is founded on a mistake; that it never entered into its + intention to call in question the good faith of the French + Government nor to take a menacing attitude toward + France."</i> And he adds: <i>"If the Government of the United + States does not give this assurance we shall be obliged to + think that this misunderstanding is not the result of an + error."</i> In the letter marked No. 6 the French minister + also remarks that <i>"the Government of the United States + knows that upon itself depends henceforward the execution of + the treaty of July 4, 1831</i>." + </p> + <p> + Obliged by the precise language thus used by the French + minister to view it as a peremptory refusal to execute the + treaty except on terms incompatible with the honor and + independence of the United States, and persuaded that on + considering the correspondence now submitted to you you can + regard it in no other light, it becomes my duty to call your + attention to such measures as the exigency of the case + demands if the claim of interfering in the communications + between the different branches of our Government shall be + persisted in. This pretension is rendered the more + unreasonable by the fact that the substance of the required + explanation has been repeatedly and voluntarily given before + it was insisted on as a condition—a condition the more + humiliating because it is demanded as the equivalent of a + pecuniary consideration. Does France desire only a + declaration that we had no intention to obtain our rights by + an address to her fears rather than to her justice? She has + already had it, frankly and explicitly given by our minister + accredited to her Government, his act ratified by me, and my + confirmation of it officially communicated by him in his + letter to the French minister of foreign affairs of the 25th + of April, 1835, and repeated by my published approval of that + letter after the passage of the bill of indemnification. Does + France want a degrading, servile repetition of this act, in + terms which she shall dictate and which will involve an + acknowledgment of her assumed right to interfere in our + domestic councils? She will never obtain it. The spirit of + the American people, the dignity of the Legislature, and the + firm resolve of their executive government forbid it. + </p> + <p> + As the answer of the French minister to our chargé + d'affaires at Paris contains an allusion to a letter + addressed by him to the representative of France at this + place, it now becomes proper to lay before you the + correspondence had between that functionary and the Secretary + of State relative to that letter, and to accompany the same + with such explanations as will enable you to understand the + course of the Executive in regard to it. Recurring to the + historical statement made at the commencement of your + session, of the origin and progress of our difficulties with + France, it will be recollected that on the return of our + minister to the United States I caused my official approval + of the explanations he had given to the French minister of + foreign affairs to be made public. As the French Government + had noticed the message without its being officially + communicated, it was not doubted that if they were disposed + to pay the money due to us they would notice any public + explanation of the Government of the United States in the + same way. But, contrary to these well-founded expectations, + the French ministry did not take this fair opportunity to + relieve themselves from their unfortunate position and to do + justice to the United States. + </p> + <p> + Whilst, however, the Government of the United States was + awaiting the movements of the French Government in perfect + confidence that the difficulty was at an end, the Secretary + of State received a call from the French chargé + d'affaires in Washington, who desired to read to him a letter + he had received from the French minister of foreign affairs. + He was asked whether he was instructed or directed to make + any official communication, and replied that he was only + authorized to read the letter and furnish a copy if + requested. The substance of its contents, it is presumed, may + be gathered from Nos. 4 and 6, herewith transmitted. It was + an attempt to make known to the Government of the United + States privately in what manner it could make explanations, + apparently voluntary, but really dictated by France, + acceptable to her, and thus obtain payment of the 25,000,000 + francs. No exception was taken to this mode of communication, + which is often used to prepare the way for official + intercourse, but the suggestions made in it were in their + substance wholly inadmissible. Not being in the shape of an + official communication to this Government, it did not admit + of reply or official notice, nor could it safely be made the + basis of any action by the Executive or the Legislature, and + the Secretary of State did not think proper to ask a copy, + because he could have no use for it. Copies of papers marked + Nos. 9, 10, and 11 shew an attempt on the part of the French + chargé d'affaires to place a copy of this letter among + the archives of this Government, which for obvious reasons + was not allowed to be done; but the assurance before given + was repeated, that any official communication which he might + be authorized to make in the accustomed form would receive a + prompt and just consideration. The indiscretion of this + attempt was made more manifest by the subsequent avowal of + the French chargé d'affaires that the object was to + bring this letter before Congress and the American people. If + foreign agents, on a subject of disagreement between their + government and this, wish to prefer an appeal to the American + people, they will hereafter, it is hoped, better appreciate + their own rights and the respect due to others than to + attempt to use the Executive as the passive organ of their + communications. + </p> + <p> + It is due to the character of our institutions that the + diplomatic intercourse of this Government should be conducted + with the utmost directness and simplicity, and that in all + cases of importance the communications received or made by + the Executive should assume the accustomed official form. It + is only by insisting on this form that foreign powers can be + held to full responsibility, that their communications can be + officially replied to, or that the advice or interference of + the Legislature can with propriety be invited by the + President. This course is also best calculated, on the one + hand, to shield that officer from unjust suspicions, and on + the other to subject this portion of his acts to public + scrutiny, and, if occasion shall require it, to + constitutional animadversion. It was the more necessary to + adhere to these principles in the instance in question + inasmuch as, in addition to other important interests, it + very intimately concerned the national honor—a matter + in my judgment much too sacred to be made the subject of + private and unofficial negotiation. + </p> + <p> + It will be perceived that this letter of the French minister + of foreign affairs was read to the Secretary of State on the + 11th of September last. This was the first authentic + indication of the specific views of the French Government + received by the Government of the United States after the + passage of the bill of indemnification. Inasmuch as the + letter had been written before the official notice of my + approval of Mr. Livingston's last explanation and + remonstrance could have reached Paris, just ground of hope + was left, as has been before stated, that the French + Government, on receiving that information in the same manner + as the alleged offensive message had reached them, would + desist from their extraordinary demand and pay the money at + once. To give them an opportunity to do so, and, at all + events, to elicit their final determination and the ground + they intended to occupy, the instructions were given to our + chargé d'affaires which were adverted to at the + commencement of the present session of Congress. The result, + as you have seen, is a demand of an official written + expression of regrets and a direct explanation addressed to + France with a distinct intimation that this is a <i>sine qua + non</i>. + </p> + <p> + Mr. Barton having, in pursuance of his instructions, returned + to the United States and the chargé d'affaires of + France having been recalled, all diplomatic intercourse + between the two countries is suspended, a state of things + originating in an unreasonable susceptibility on the part of + the French Government and rendered necessary on our part by + their refusal to perform engagements contained in a treaty + from the faithful performance of which by us they are to this + day enjoying many important commercial advantages. + </p> + <p> + It is time that this unequal position of affairs should + cease, and that legislative action should be brought to + sustain Executive exertion in such measures as the case + requires. While France persists in her refusal to comply with + the terms of a treaty the object of which was, by removing + all causes of mutual complaint, to renew ancient feelings of + friendship and to unite the two nations in the bonds of amity + and of a mutually beneficial commerce, she can not justly + complain if we adopt such peaceful remedies as the law of + nations and the circumstances of the case may authorize and + demand. Of the nature of these remedies I have heretofore had + occasion to speak, and, in reference to a particular + contingency, to express my conviction that reprisals would be + best adapted to the emergency then contemplated. Since that + period France, by all the departments of her Government, has + acknowledged the validity of our claims and the obligations + of the treaty, and has appropriated the moneys which are + necessary to its execution; and though payment is withheld on + grounds vitally important to our existence as an independent + nation, it is not to be believed that she can have determined + permanently to retain a position so utterly indefensible. In + the altered state of the questions in controversy, and under + all existing circumstances, it appears to me that until such + a determination shall have become evident it will be proper + and sufficient to retaliate her present refusal to comply + with her engagements by prohibiting the introduction of + French products and the entry of French vessels into our + ports. Between this and the interdiction of all commercial + intercourse, or other remedies, you, as the representatives + of the people, must determine. I recommend the former in the + present posture of our affairs as being the least injurious + to our commerce, and as attended with the least difficulty of + returning to the usual state of friendly intercourse if the + Government of France shall render us the justice that is due, + and also as a proper preliminary step to stronger measures + should their adoption be rendered necessary by subsequent + events. + </p> + <p> + The return of our chargé d'affaires is attended with + public notices of naval preparations on the part of France + destined for our seas. Of the cause and intent of these + armaments I have no authentic information, nor any other + means of judging except such as are common to yourselves and + to the public; but whatever may be their object, we are not + at liberty to regard them as unconnected with the measures + which hostile movements on the part of France may compel us + to pursue. They at least deserve to be met by adequate + preparation on our part, and I therefore strongly urge large + and speedy appropriations for the increase of the Navy and + the completion of our coast defenses. + </p> + <p> + If this array of military force be really designed to affect + the action of the Government and people of the United States + on the questions now pending between the two nations, then + indeed would it be dishonorable to pause a moment on the + alternative which such a state of things would present to us. + Come what may, the explanation which France demands can never + be accorded, and no armament, however powerful and imposing, + at a distance or on our coast, will, I trust, deter us from + discharging the high duties which we owe to our constituents, + our national character, and to the world. + </p> + <p> + The House of Representatives at the close of the last session + of Congress unanimously resolved that the treaty of the 4th + of July, 1831, should be maintained and its execution + insisted on by the United States. It is due to the welfare of + the human race not less than to our own interests and honor + that this resolution should at all hazards be adhered to. If + after so signal an example as that given by the American + people during their long-protracted difficulties with France + of forbearance under accumulated wrongs and of generous + confidence in her ultimate return to justice she shall now be + permitted to withhold from us the tardy and imperfect + indemnification which after years of remonstrance and + discussion had at length been solemnly agreed on by the + treaty of 1831 and to set at naught the obligations it + imposes, the United States will not be the only sufferers. + The efforts of humanity and religion to substitute the + appeals of justice and the arbitrament of reason for the + coercive measures usually resorted to by injured nations will + receive little encouragement from such an issue. By the + selection and enforcement of such lawful and expedient + measures as may be necessary to prevent a result so injurious + to ourselves and so fatal to the hopes of the philanthropist + we shall therefore not only preserve the pecuniary interests + of our citizens, the independence of our Government, and the + honor of our country, but do much, it may be hoped, to + vindicate the faith of treaties and to promote the general + interests of peace, civilization, and improvement. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <center> + No. 1. + </center> + <center> + <i>Mr. Forsyth to Mr. Barton</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, June 28, 1835</i>. + </p> + <p> + THOMAS P. BARTON, Esq., etc. + </p> + <p> + SIR: Mr. Livingston arrived here the day before yesterday. By + the mail of yesterday your letter of the 7th of May, with a + copy of Mr. Livingston's last note to the Duke de Broglie, + was received. + </p> + <p> + After an attentive examination of Mr. Livingston's + correspondence with this Department and the Government of + France, elucidated by his verbal explanations, the President + has directed me to say to you that the Messrs. de Rothschild + have been authorized by the Treasury Department to receive + the money due under the treaty with France. Of this authority + they will be directed to give notice to the French Government + without demanding payment. For yourself, you will, if the + bill of indemnity is rejected, follow Mr. Livingston to the + United States. If the money is placed at the disposal of the + King, conditionally, by the legislature of France, you will + await further orders from the United States, but maintain a + guarded silence on the subject of the indemnity. If + approached by the Government of France, directly or + indirectly, you will hear what is said without reply, state + what has occurred in full to the Department, and await its + instructions. It is the desire of the President that you will + make not even a reference to the subject of the treaty in + your intercourse with the French Government until the course + intended to be pursued is definitely explained to the United + States. Whatever may be said to the Messrs. de Rothschild it + will be their duty to report to you as well as to the + Treasury Department, and whenever they converse with you they + must be reminded that it is expected that they will wait for + express notice from the Government of France that it is ready + to pay before an application for payment is made. + </p> + <p> + The course adopted by Mr. Livingston has been fully approved, + and the hope is indulged that his representations have had + their just influence on the counsels of the King of France. + However that may be, the President's determination is that + the terms upon which the two Governments are to stand toward + each other shall be regulated so far as his constitutional + power extends by France. + </p> + <p> + A packet from the Treasury, addressed to the Messrs. de + Rothschild, and containing the instructions of the Secretary, + accompanied by a special power appointing them the agents of + the United States to receive the payments due under the + treaty of 1831, is forwarded herewith. The copy of a letter + from this Department to M. Pageot is also inclosed for your + perusal. + </p> + <p> + I am, sir, your obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + No. 2. + </center> + <center> + <i>Mr. Forsyth to Mr. Barton</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, September 14, 1835</i>. + </p> + <p> + THOMAS P. BARTON, Esq., etc. + </p> + <p> + SIR: So much time will have elapsed before this dispatch can + reach you, since the passage of the law by the French + Chambers placing at the disposition of the King the funds to + fulfill the treaty with the United States, that it is + presumed the intention of the French Government will have + been by that period disclosed. It is proper therefore, in the + opinion of the President, that you should receive your last + instructions in relation to it. It has always been his + intention that the legation of the United States should leave + France if the treaty were not fulfilled. You have been + suffered to remain after the departure of Mr. Livingston + under the expectation that the Government of France would + find in all that has occurred its obligation to proceed + forthwith to the fulfillment of it as soon as funds were + placed in its hands. If this expectation is disappointed, you + must ask for your passports and return to the United States. + If no movement has been made on the part of France and no + intimation given to you or to the banker of the United States + who is the authorized agent of the Treasury to receive the + installments due of the time that payment will be made, you + are instructed to call upon the Duke de Broglie and request + to be informed what are the intentions of the Government in + relation to it, stating that you do so by orders of your + Government and with a view to regulate your conduct by the + information you may receive from him. In the present agitated + state of France it is the particular desire of the President + that your application should be made in the most conciliatory + tone and your interview with the Duke marked by expressions, + as coming from your Government, of great personal respect for + that minister and of an anxious desire for the safety of the + King of France. If the Duke should inform you that the money + is to be paid on any fixed day, you will remain in France; + otherwise you will apply for your passports, and state the + reason to be that the treaty of indemnity has not been + executed by France. + </p> + <p> + The President especially directs that you should comply with + these instructions so early that the result may be known here + before the meeting of Congress, which takes place on the 7th + of December next. + </p> + <p> + I am, sir, your obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + No. 3. + </center> + <center> + <i>Mr. Barton to the Duke de Broglie</i>. + </center> + <center> + [Translation.] + </center> + <center> + D. + </center> + <p class="r"> + LEGATION OF THE UNITED STATES OF AMERICA,<br> + <i>Paris, October 24, 1835</i>. + </p> + <p> + His Excellency the DUKE DE BROGLIE,<br> + <i>Minister of Foreign Affairs, etc.</i> + </p> + <p> + MONSIEUR LE DUC: Having executed to the letter the last + instructions of my Government in the interview which I had + the honor to have with your excellency on the 20th of this + month, in order further to comply with those instructions I + am about to return to the United States. Before leaving + France, however, I have thought that it might not be + altogether useless to address your excellency and to submit + to you the conversation which then took place between us, + word for word, as I understood it. In pursuing this course I + am prompted by a double motive: First, by a sincere desire to + avoid even the slightest misunderstanding as to the precise + meaning of any expressions used on either part, and also with + a view, in presenting myself to my Government, to furnish + indisputable proof of my fidelity in executing the + instructions with which I had the honor to be charged. This + last motive, Monsieur le Duc, does not interest you + personally, but the first, I am sure, will not appear without + importance in your eyes. + </p> + <p> + Having said that I was instructed to employ both language and + manner the most conciliatory, I begged you to believe, should + anything appear to you not to partake of that character, that + the fault must be attributed <i>to me alone</i>, and not to + my Government, as in that case I should be certain that I + neither represented its disposition nor faithfully obeyed its + orders. + </p> + <p> + I began the conversation by informing you that I had + requested an interview by order of my Government, and that on + the result of that interview would depend my future + movements. I said that I was ordered to convey to the French + Government assurances of the very lively satisfaction felt by + the President on receiving the news and confirmation of the + King's safety, and that I was further instructed by the + Secretary of State to assure you personally of his high + consideration. After an obliging answer of your excellency I + had the honor to submit the following question: + </p> + <p> + "I am instructed by my Government to inquire of your + excellency what are the intentions of His Majesty's + Government in relation to the funds voted by the Chambers." + </p> + <p> + And I understood you to make the following answer: + </p> + <p> + "Having written a dispatch to His Majesty's chargé + d'affaires at Washington, with instructions to communicate it + to Mr. Forsyth, and M. Pageot having read it to Mr. Forsyth, + I have nothing to say in addition to that dispatch." + </p> + <p> + I said: + </p> + <p> + "I am also instructed to inquire of your excellency whether + His Majesty's Government is ready to pay those funds." + </p> + <p> + And you returned this answer: + </p> + <p> + "Yes, in the terms of the dispatch." + </p> + <p> + I added: + </p> + <p> + "I am instructed to ask another question: Will His Majesty's + Government name any fixed determined period when they will be + disposed to pay those funds?" + </p> + <p> + To this question the following was your excellency's answer, + as I understood it: + </p> + <p> + "To-morrow, if necessary. When the Government of the United + States shall by a written official communication have + expressed its regret at the misunderstanding which has taken + place between the two Governments, assuring us that this + misunderstanding was founded on an error—that it did + not intend to call in question the good faith of His + Majesty's Government—the funds are there; we are ready + to pay. In the dispatch to M. Pageot we gave the views of our + Government on this question. Mr. Forsyth not having thought + proper to accept a copy of that dispatch, and having said + that the Government of the United States could not receive a + communication in such a form, I have nothing to add. I am + forced to retrench myself behind that dispatch. If the + Government of the United States does not give this assurance, + we shall be obliged to think that this misunderstanding is + not the result of an error, and the business will stop + there." + </p> + <p> + To your excellency's offer to communicate to me the dispatch + to M. Pageot I replied that as my instructions had no + reference to that question I did not think myself authorized + to discuss it. + </p> + <p> + After some minutes I rose and said: + </p> + <p> + "In a short time I shall have the honor of writing to your + excellency." + </p> + <p> + You answered: + </p> + <p> + "I shall at all times receive with pleasure any communication + addressed to me on the part of the Government of the United + States." + </p> + <p> + And our conversation ended. + </p> + <p> + Such, Monsieur le Duc, as far as my memory serves me, are the + literal expressions employed by both of us. Should you + discover any inaccuracies in the relation which I have the + honor to submit to you, it will give me pleasure, as it will + be my duty, to correct them. If, on the contrary, this + relation should appear to you in every respect conformable to + the truth, I take the liberty of claiming from your kindness + a confirmation of it, for the reasons which I have already, I + believe, sufficiently explained. + </p> + <p> + I eagerly avail myself of this occasion, Monsieur le Duc, to + renew the assurances of very high consideration with which I + have the honor to be, your excellency's most obedient, humble + servant, + </p> + <p class="r"> + THOS. P. BARTON. + </p> + <p> + + </p> + <p> + + </p> + <center> + No. 4. + </center> + <center> + <i>The Duke de Broglie to Mr. Barton</i>. + </center> + <center> + [Translation.] + </center> + <center> + E. + </center> + <p class="r"> + PARIS, <i>October 26, 1835</i>. + </p> + <p> + T.P. BARTON,<br> + <i>Chargé de Affaires of the United States</i>. + </p> + <p> + SIR: I have received the letter which you did me the honor to + address to me on the 24th of this month. + </p> + <p> + You are desirous to give your Government a faithful account + of the conversation which you had with me on the 20th. While + communicating to me a statement of that conversation you + request me to indicate the involuntary errors which I may + remark in it. I appreciate the motives which influence you + and the importance which you attach to the exactness of this + statement, and I therefore hasten to point out three errors + which have found their way into your report, acknowledging at + the same time its perfect conformity on all other points with + the explanations interchanged between us. + </p> + <p> + In reply to your question <i>whether the King's Government + would name any fixed and determinate period at which it would + be disposed to pay the twenty-five millions</i> you make me + say: + </p> + <p> + "To-morrow, if necessary. When the Government of the United + States shall by a written official communication have + expressed its regret at the misunderstanding which has taken + place between the two Governments, assuring us that this + misunderstanding is founded on an error—that it did not + intend to call in question the good faith of His Majesty's + Government," etc. + </p> + <p> + Now, this is what I really said: + </p> + <p> + "To-morrow, to-day, immediately, if the Government of the + United States is ready on its part to declare to us, by + addressing its claim (<i>réclamation</i>) to us + officially in writing that it regrets the misunderstanding + which has arisen between the two countries; that this + misunderstanding is founded upon a mistake, and that it never + entered into its intention (<i>pensée</i>) to call in + question the good faith of the French Government nor to take + a menacing attitude toward France." + </p> + <p> + By the terms of your report I am made to have continued thus: + </p> + <p> + "In the dispatch to M. Pageot we gave the views of our + Government on this question. Mr. Forsyth not having thought + proper to accept a copy of that dispatch, and having said + that the Government of the United States could not receive + the communication in that form," etc. + </p> + <p> + That was not what I said, because such was not the language + of Mr. Forsyth to M. Pageot. On refusing the copy offered to + him by that chargé d'affaires Mr. Forsyth gave as the + only reason <i>that it was a document of which he could make + no use</i>, and that was the phrase repeated by me. + </p> + <p> + Mr. Forsyth made no objection to the form which I had adopted + to communicate to the Federal Government the views of the + King's Government; in fact, not only is there nothing unusual + in that form, not only is it employed in the intercourse + between one government and another whenever there is a desire + to avoid the irritation which might involuntarily arise from + an exchange of contradictory notes in a direct controversy, + but reflection on the circumstances and the respective + positions of the two countries will clearly show that it was + chosen precisely in a spirit of conciliation and regard for + the Federal Government. + </p> + <p> + Finally, sir, after having said, "If the Government of the + United States does not give this assurance we shall be + obliged to think that this misunderstanding is not the result + of an error," I did not add, "and the business will stop + there." This last error is, however, of so little importance + that I hesitated to notice it. Receive, sir, the assurances + of my high consideration. + </p> + <p class="r"> + V. BROGLIE. + </p> + <p> + + </p> + <p> + + </p> + <center> + No. 5. + </center> + <center> + <i>Mr. Barton to the Duke de Broglie</i>. + </center> + <center> + F. + </center> + <p class="r"> + LEGATION OF THE UNITED STATES OF AMERICA,<br> + <i>Paris, November 6, 1835</i>. + </p> + <p> + His Excellency the DUKE DE BROGLIE,<br> + <i>Minister of Foreign Affairs, etc.</i> + </p> + <p> + MONSIEUR LE DUC: Having been recalled by my Government, I + have the honor to request that your excellency will be + pleased to cause passports to be prepared to enable me to + proceed to Havre, thence to embark for the United States, and + for my protection during the time I may find it necessary to + remain in Paris. I am instructed to give as a reason for my + departure the nonexecution on the part of His Majesty's + Government of the convention of July 4, 1831. + </p> + <p> + I avail myself of this opportunity, Monsieur le Duc, to renew + the assurances of very high consideration with which I have + the honor to be, your excellency's most obedient, humble + servant, + </p> + <p class="r"> + THOS. P. BARTON. + </p> + <p> + + </p> + <p> + + </p> + <center> + No. 6. + </center> + <center> + <i>The Duke de Broglie to Mr. Barton</i>. + </center> + <center> + [Translation.] + </center> + <p class="r"> + PARIS, <i>November 8, 1835</i>. + </p> + <p> + Mr. BARTON,<br> + <i>Charge d'Affaires of the United States of America</i>. + </p> + <p> + SIR: Having taken His Majesty's orders with regard to your + communication of the 6th instant, I have the honor to send + you herewith the passports which you requested of me. As to + the reasons which you have been charged to advance in + explanation of your departure, I have nothing to say (<i>Je + n'ai point á m'y arrêter</i>). The Government of + the United States, sir, knows that upon itself depends + henceforward the execution of the treaty of July 4, 1831. + </p> + <p> + Accept, sir, the assurance of my high consideration. + </p> + <p class="r"> + V. BROGLIE. + </p> + <p> + + </p> + <p> + + </p> + <center> + No. 7. + </center> + <center> + <i>Mr. Forsyth to Mr. Pageot</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, June 29, 1835</i>. + </p> + <p> + M. PAGEOT,<br> + <i>Chargé d'Affaires, etc.</i> + </p> + <p> + SIR: I have the honor to acquaint you, for the information of + your Government, that the Secretary of the Treasury has, in + conformity with the provisions of the act of Congress of 13th + July, 1832, designated the Messrs. de Rothschild Brothers, of + Paris, as agents to receive the payments from time to time + due to this Government under the stipulations of the + convention of 4th July, 1831, between the United States and + His Majesty the King of the French, and that the President + has granted a special power to the said Messrs. de Rothschild + Brothers, authorizing and empowering them, upon the due + receipt of the same, to give the necessary acquittances to + the French Government, according to the provisions of the + convention referred to. + </p> + <p> + The power given to the Messrs. de Rothschild will be + presented by them whenever the French Government is ready to + make the payments. + </p> + <p> + I have the honor to be, sir, your obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + No. 8. + </center> + <center> + <i>Mr. Pageot to Mr. Forsyth</i>. + </center> + <center> + [Translation.] + </center> + <p class="r"> + WASHINGTON, <i>June 29, 1835</i>. + </p> + <p> + Hon. Mr. FORSYTH,<br> + <i>Secretary of State</i>. + </p> + <p> + SIR: I have received the letter which you did me the honor to + address to me this day, and by which you communicate to me, + for the information of my Government, that the Secretary of + the Treasury, in virtue of the act of Congress of July 13, + 1832, has appointed Messrs. de Rothschild Brothers, at Paris, + agents for receiving as they become due the several payments + of the sum stipulated as indemnification by the convention + concluded on the 4th of July, 1831, between His Majesty the + King of the French and the United States of America. + </p> + <p> + I lost no time, sir, in transmitting this communication to my + Government, and I embrace this opportunity to offer you the + assurance of the high consideration with which I have the + honor to be, your most humble and obedient servant, + </p> + <p class="r"> + A. PAGEOT. + </p> + <p> + + </p> + <p> + + </p> + <center> + No. 9. + </center> + <center> + <i>Mr. Pageot to Mr. Forsyth</i>. + </center> + <center> + [Translation.] + </center> + <p class="r"> + WASHINGTON, <i>December 1, 1835</i>. + </p> + <p> + Hon. JOHN FORSYTH,<br> + <i>Secretary of State of the United States</i>. + </p> + <p> + SIR: On the 11th of September last I had the honor, as I was + authorized, to read to you a dispatch which his excellency + the minister of foreign affairs had addressed to me on the + 17th of June previous, respecting the state of the relations + between France and the United States. The object of this + communication was to make known to the Cabinet of Washington, + in a form often employed, the point of view from which the + King's Government regarded the difficulties between the two + countries, and to indicate the means by which, in its + opinion, they might be terminated in a manner honorable to + both Governments. I was also authorized to allow you, in case + you should desire it, to take a copy of this dispatch, but, + contrary to the expectation which diplomatic usages in such + cases permitted me to entertain, you thought proper to refuse + to request it. + </p> + <p> + I regretted this resolution of yours, sir, at the time, + because, in the first place, it appeared to be at variance + with (<i>s' écarter de</i>) that conciliatory spirit + which so particularly characterized the communication just + made to you, and, next, as it seemed in a manner to deprive + the Cabinet of Washington of the means of knowing in their + full extent the views of the King's Government, of which an + attentive examination of the Duke de Broglie's letter could + alone have enabled it to form a just estimate. These regrets, + sir, have not been diminished, and at the moment when the + President is about to communicate to Congress the state of + the relations between France and the United States I consider + it useful and necessary for the interests of all to endeavor + to place him in possession of all the facts which may afford + him the means of giving an exact account of the real + dispositions and views of the King's Government on the + subject of the existing difficulties. + </p> + <p> + With this intention, and from a desire to neglect nothing + which, by offering to the American Government another + opportunity of making itself acquainted minutely with the + highly conciliatory sentiments of His Majesty's Government, + may contribute to restore good understanding between the + Cabinets of Paris and Washington, I have the honor to + transmit to you a copy of the Duke de Broglie's dispatch and + to request you to place it under the eye of the President. + </p> + <p> + I embrace this opportunity, sir, to renew to you the + assurance of the high consideration with which I have the + honor to be, your most humble and most obedient servant, + </p> + <p class="r"> + A. PAGEOT. + </p> + <p> + + </p> + <p> + + </p> + <center> + No. 10. + </center> + <center> + <i>Mr. Forsyth to Mr. Pageot</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, December 3, 1835</i>. + </p> + <p> + M. PAGEOT,<br> + <i>Chargé d'Affaires, etc.</i> + </p> + <p> + SIR: I had yesterday the honor to receive your note of the + 1st instant, with the accompanying paper, purporting to be a + copy of a letter addressed under date of the 17th of June + last by His Excellency the Duke de Broglie, minister of + foreign affairs of France, to yourself. + </p> + <p> + After referring to what occurred in our interview of the 11th + September in regard to the original letter, and expressing + your regrets at the course I then felt it my duty to take, + you request me to place the copy inclosed in your letter + under the eye of the President. + </p> + <p> + In allowing you during that interview to read to me the Duke + de Broglie's dispatch, which I cheerfully did, you were + enabled to avail yourself of that informal mode of apprising + this Department of the views of your Government in the full + extent authorized by diplomatic usage. The question whether + or not I should ask a copy of that dispatch was of course + left, as it should have been, by your Government exclusively + to my discretion. My reasons for not making that request were + frankly stated to you, founded on a conviction that in the + existing state of the relations between the two countries the + President would think it most proper that every communication + upon the subject in difference between them designed to + influence his conduct should, before it was submitted to his + consideration, be made to assume the official form belonging + to a direct communication from one government to another by + which alone he could be enabled to cause a suitable reply to + be given to it and to submit it, should such a step become + necessary, to his associates in the Government. I had also + the honor at the same time to assure you that any direct + communication from yourself as the representative of the + King's Government to me, embracing the contents of this + dispatch or any other matter you might be authorized to + communicate in the accustomed mode, would be laid without + delay before the President, and would undoubtedly receive + from him an early and just consideration. + </p> + <p> + It can not have escaped your reflections that my duty + required that the circumstances of the interview between us + should be reported to the President, and that the discovery + of any error on my part in representing his views of the + course proper to be pursued on that occasion would without + fail have been promptly communicated to you. That duty was + performed. The substance of our interview and the reasons by + which my course in it had been guided were immediately + communicated to and entirely approved by him. I could not, + therefore, have anticipated that after so long a period had + elapsed, and without any change in the condition of affairs, + you should have regarded it as useful or proper to revive the + subject at the time and in the form you have seen fit to + adopt. Cordially reciprocating, however, the conciliatory + sentiments expressed in your note, and in deference to your + request, I have again consulted the President on the subject, + and am instructed to inform you that the opinion expressed by + me in the interview between us, and subsequently confirmed by + him, remains unchanged, and I therefore respectfully restore + to you the copy of the Duke de Broglie's letter, as I can not + make the use of it which you desired. + </p> + <p> + I am also instructed to say that the President entertains a + decided conviction that a departure in the present case from + the ordinary and accustomed method of international + communication is calculated to increase rather than to + diminish the difficulties unhappily existing between France + and the United States, and that its observance in their + future intercourse will be most likely to bring about the + amicable adjustment of those difficulties on terms honorable + to both parties. Such a result is sincerely desired by him, + and he will omit nothing consistent with the faithful + discharge of his duties to the United States by which it may + be promoted. In this spirit I am directed by him to repeat to + you the assurance made in our interview in September last, + that any official communication you may think proper to + address to this Government will promptly receive such + consideration as may be due to its contents and to the + interests involved in the subject to which it may refer. + </p> + <p> + As the inclosed paper is not considered the subject of reply, + you will allow me to add, for the purpose of preventing any + misconception in this respect, that my silence in regard to + its contents is not to be construed as admitting the accuracy + of any of the statements or reasonings contained in it. + </p> + <p> + I have the honor to renew, etc. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + No. 11. + </center> + <center> + <i>Mr. Pageot to Mr. Forsyth</i>. + </center> + <center> + [Translation.] + </center> + <p class="r"> + WASHINGTON, <i>December 5, 1835</i>. + </p> + <p> + Hon. JOHN FORSYTH,<br> + <i>Secretary of State of the United States</i>. + </p> + <p> + SIR: I yesterday evening received the letter which you did me + the honor to write to me on the 3d of this month. With it you + return to me the copy of a dispatch which I had transmitted + to you two days before, and the original of which was + addressed to me on the 17th of June last by his excellency + the minister of foreign affairs. + </p> + <p> + I will not seek, sir, to disguise from you the astonishment + produced in me by the return of a document so very important + in the present state of the relations between the two + countries; neither will I undertake to reply to the reasons + on which this determination of yours is based. My intention + in communicating this document to you in a form not only + sanctioned by the diplomatic usages of all nations and all + ages, but also the most direct which I could possibly have + chosen, was to make known the real dispositions of my + Government to the President of the United States, and through + him to Congress and the American people, conceiving that in + the existing situation of the two countries it was essential + that each Government should fully comprehend the intentions + of the other. This consideration appeared to me paramount to + all others. You have judged otherwise, sir, and you have + thought that whatever might be the importance of a + communication it was proper before receiving it to examine + whether the form in which it came to you were strictly + accordant with the usages necessary, in your opinion, to be + observed in diplomatic transactions with the Government of + the Republic. I will not insist further. I have fulfilled all + the duties which appeared to be prescribed for me by the + spirit of reconciliation, in conjunction with the respect due + by me to all communications from my Government, and nothing + more remains for me than to express my deep regret that the + misunderstanding between the two Governments, already so + serious, should be kept up, not by weighty difficulties which + involve the interests and the dignity of the two countries, + but by questions of form as uncertain in their principles as + doubtful in their application. + </p> + <p> + I have the honor to renew to you, sir, the assurances of my + high consideration. + </p> + <p class="r"> + A. PAGEOT. + </p> + <p> + + </p> + <p> + + </p> + <center> + No. 12. + </center> + <center> + <i>Mr. Pageot to Mr. Forsyth</i>. + </center> + <center> + [Translation.] + </center> + <p class="r"> + WASHINGTON, <i>January 2, 1836</i>. + </p> + <p> + <i>Hon. JOHN FORSYTH</i>,<br> + <i>Secretary of State of the United States</i>. + </p> + <p> + SIR: I have the honor to announce to you that, in consequence + of the recall of Mr. Barton, the King's Government has given + me orders to lay down the character of chargé + d'affaires of His Majesty near the Government of the United + States. I shall therefore immediately begin the preparations + for my return to France; but in the meantime I think proper + to claim the protection of the Federal Government during the + period which I may consider it necessary to remain in the + United States. + </p> + <p> + I have the honor to be, with the most distinguished + consideration, sir, your most humble and obedient servant, + </p> + <p class="r"> + A. PAGEOT. + </p> + <p> + + </p> + <p> + + </p> + <center> + No. 13. + </center> + <center> + <i>Mr. Forsyth to Mr. Pageot</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, January 2, 1836</i>. + </p> + <p> + <i>M. ALPHONSE PAGEOT, etc.</i> + </p> + <p> + SIR: I have the honor to acknowledge your note of this day's + date, in which you announce that you have the orders of your + Government, given in consequence of the recall of Mr. Barton, + to lay aside the character of chargé d'affaires of the + King of France near the Government of the United States. The + protection of the Federal Government is due and will of + course be extended to you during the time necessary for your + preparations to return to France. + </p> + <p> + I am, sir, with great consideration, your obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + C. + </center> + <p class="r"> + LEGATION OF THE UNITED STATES,<br> + <i>Paris, January 29, 1835</i>. + </p> + <p> + His Excellency COUNT DE RIGNY,<br> + <i>Minister Secretary of State of Foreign Affairs</i>. + </p> + <p> + SIR: Having already had occasion to acknowledge the receipt + of your excellency's letter of the 13th instant, and to + answer that part of it which most urgently required my + attention, I proceed to a consideration of the other matters + which it contains. I shall do this with a sincere desire to + avoid everything that may excite irritation or increase + difficulties which already unfortunately exist. Guided by + this disposition, I shall confine myself to an examination of + your note, considered only as an exposition of the causes + which His Majesty's Government thinks it has to complain of + in the message sent by the President of the United States to + Congress at the opening of its present session. + </p> + <p> + Your excellency begins by observing that nothing could have + prepared His Majesty's Government for the impressions made + upon it by the President's message, and that if the + complaints he makes were as just as you think them unfounded, + still you would have reason to be astonished at receiving + <i>the first communication of them in such a form</i>. If His + Majesty's Government was not prepared to receive complaints + on the part of the United States for nonexecution of the + treaty, everything I have said and written since I have had + the honor of communicating with your excellency and your + predecessors in office must have been misunderstood or + forgotten. I can scarcely suppose the first, for if my whole + correspondence is referred to and my verbal representations + recollected they will be found in the most unequivocal + language to express an extreme solicitude for the execution + of the treaty, a deep disappointment at the several delays + which have intervened, and emphatically the necessity which + the President would be under of laying the matter before + Congress at the time when in fact he has done so if before + that period he did not receive notice that the law had passed + for giving effect to the treaty. To urge the obligation of + the treaty, to prepare His Majesty's Government for the + serious consequences that must result from its breach or an + unnecessary delay in executing it, was my duty, and it has + been faithfully and unremittingly executed. To my own + official representation on the 26th I added on the 29th July + last the precise instructions I had received, to inform His + Majesty's Government that "the President could not avoid + laying before Congress on the 1st of December a full + statement of the position of affairs on this interesting + subject, or permit the session to end, as it must do on the + 3d March, without recommending such measures as the justice + and the honor of the country may require." + </p> + <p> + In this alone, then, there was sufficient, independently of + my numerous applications and remonstrances, to prepare His + Majesty's Government for the just complaints of the United + States and for the "impression" they ought to produce, as + well as for the "<i>mode</i>" in which they were + communicated, a mode clearly pointed out in the passage I + have quoted from my note of the 29th of July—that is to + say, by the annual message from the President to Congress, + which, as I have already had occasion to observe, His + Majesty's ministers have erroneously considered as addressed + directly to them, and, viewing it in that light, have + arraigned this document as containing groundless complaints, + couched in language not called for by the occasion, and + offering for consideration means of redress offensive to the + dignity of France. I shall endeavor by a plain exposition of + facts to repel those charges. I shall examine them with the + freedom the occasion requires, but, suppressing the feelings + which some parts of your excellency's letter naturally + excite, will, as far as possible, avoid all those topics for + recrimination which press upon my mind. The observation I am + about to make will not be deemed a departure from this rule, + because it is intended to convey information which seems to + have been wanted by His Majesty's minister when on a late + occasion he presented a law to the Chamber of Deputies. It is + proper, therefore, to state that although the military title + of general was gloriously acquired by the present head of the + American Government, he is not in official language + designated as <i>General Jackson</i>, but as "the President + of the United States," and that his communication was made in + that character. + </p> + <p> + I proceed now to the examination of that portion of your + excellency's letter which attempts to show that the + complaints set forth in the President's message are + groundless. + </p> + <p> + It begins by assuming as a principle of argument that after + the Chamber of Deputies had rejected the law and His + Majesty's Government had promised to present it anew the + United States had by receiving that promise given up all + right to complain of any anterior delays. I have vainly + endeavored, sir, to find any rule of reasoning by which this + argument can be supported. It would undoubtedly be much + easier to strike off from the case the delays of two years in + proposing the law than to justify them. + </p> + <p> + It is true that the United States, with a moderation and + forbearance for which they receive no credit, waited two + years, almost without complaint, for the performance of a + treaty which engaged the faith of the French nation to pay a + just indemnity, for which they had already waited more than + twenty years. It is true that His Majesty's Government + offered solemn assurances that as soon as the constitution of + the country would permit a new attempt would be made to + redeem the national pledge given by the treaty. It is true + also that the President of the United States gave credit to + those assurances; but it is also true—and your + excellency seems to lose sight of that important uncontested + fact—that formal notice was given that the performance + of those promises would be expected according to their + letter, and that he could delay no longer than the 1st of + December the execution of a duty which those assurances had + induced him to postpone. Whatever reasons His Majesty's + Government had for not complying with Mr. Sérurier's + engagement, or however they may have interpreted it, the + President could not be precluded from considering the whole + case as open and adding to his statement the wrongs + occasioned by the delays anterior to the vote of rejection. + Those delays are still unaccounted for, and are rendered more + questionable by the preference given to another treaty, + although subsequently made, for the guarantee of the Greek + loan. + </p> + <p> + Confining your observations to this second period, you say + that the reproaches which the President thinks himself + authorized in making to France may be comprised in the + following words: + </p> + <p> + "The Government of the King had promised to present the + treaty of July anew to the Chambers as soon as they could be + assembled; but they have been assembled on the 31st of July + of the last year and the treaty has not yet been presented." + </p> + <p> + Stating this as the whole of the complaint, you proceed, sir, + in your endeavor to refute it. + </p> + <p> + I am obliged, reluctantly, here to make use of arguments + which in the course of this discussion have been often + repeated, but which seem to have made no impression on His + Majesty's Government. I am obliged, in repelling the + reproaches addressed to the President, to bring to your + recollection the terms of the promise on which he relied, the + circumstances attending it, and the object for which it was + given. These must be fully understood and fully waived before + the question between us can be resolved. + </p> + <p> + The circumstances under which Mr. Sérurier's note was + written are material in considering its true import. The + payment stipulated by a treaty duly ratified on both sides + had just been formally refused by a vote of the Chamber of + Deputies. More than two years had passed since it had been + proclaimed as the law of the land in the United States, and + ever since the articles favorable to France had been in + constant operation. Notice of this refusal had some time + before been received by the President. It would have been his + duty, had nothing else occurred, to communicate to Congress + this event, so unexpected and so injurious to the interest of + the country. One circumstance prevented the performance of + this duty and justified the omission. The notice of the + rejection was accompanied by information that the minister of + France was instructed to make explanations and engagements on + the subject, and that a ship of war would be dispatched with + his instructions. The President had waited a month for the + arrival of this ship. An unusually long session of Congress + still afforded an opportunity for making the communication, + even after her arrival. If made it would undoubtedly have + produced consequences the nature of which may be imagined by + considering the events that have since occurred. It was + necessary, then, to prevent an interruption of the friendly + relations between the two countries, that this communication + should be postponed until the subsequent session of Congress; + longer than that it was well known that it could not be + deferred. This was clearly and explicitly stated in a + conference between Mr. Sérurier and the Secretary of + State of the United States, in which the former gave the + promise in question. But the President desired to have the + engagement in a written and official form (and as Mr. + Sérurier expresses it in his letter), "<i>pour des + causes prises dans les nécessités de votre + Gouvernement</i>" What governmental necessity does he allude + to? Clearly that which obliged the President to communicate + these engagements to Congress at the next session. + </p> + <p> + Here, then, we have a stipulation made under special orders, + sent out by a ship dispatched for that express purpose, + communicated first verbally in an official conference, + afterwards reduced to writing and delivered to the proper + officers, for the double purpose of justifying the President + for not making an immediate communication at their then + session and also to serve as a pledge which he might exhibit + if unredeemed at their next. These objects are well stated by + Mr. Sérurier to be "that the Government of the + Republic may avoid, with a providential solicitude, <i>in + this unsettled state of things</i> all that may become a + cause of new irritation between the two countries, endanger + the treaty, and raise obstacles that may become + insurmountable to the views of conciliation and harmony which + animate the councils of the King." It was, then, to avoid a + communication to Congress, which Mr. Sérurier saw + would endanger the peace of the two countries, that this + engagement was made. Surely, then, every word of a + stipulation made under such circumstances and for such + important purposes must have been duly considered and its + import properly weighed, first by the cabinet who directed, + afterwards by the minister who delivered and the Government + which received it. + </p> + <p> + What, then, was this engagement? First, that the Government + of the King will use every legal and constitutional effort + which its persevering persuasion of the justice and + advantages of the treaty authorize the United States to + expect from it. "Son intention est" (I quote literally), + "<i>en outre</i>" (that is, besides using those endeavors + above mentioned), "de faire tout ce que <i>not re + constitution permet</i> pour rapprocher autant que possible + l'époque de la presentation nouvelle de la loi + rejettée." Your excellency can not fail to have + observed two distinct parts in this engagement—one + relating to the endeavors the ministry promise to make in + order to induce the Chambers to pass the law, for the success + of which they could not answer; another relating to the time + of presentation of the law, a matter which depended on them + alone, restricted only by constitutional forms. + </p> + <p> + The promise on this point, then, was precise, and could not + be misunderstood. Whatever the <i>constitution of France + permitted</i>, the Government of France promised to do in + order to hasten the presentation of the law. What was the + cause of this desire to bring the business before the + Chambers at an early day? No one can doubt it who knows the + situation of the two countries, still less anyone who has + read the correspondence. It was to enable the President to + make those statements to the next Congress which, relying on + the engagements of the French minister, he had omitted to + make to this. + </p> + <p> + It was clear, therefore, that more was required than the + expression of a desire on the part of His Majesty's ministers + to execute the treaty—a desire the sincerity of which + was not doubted, but which might be unavailing, as its + accomplishment depended on the vote of the Chambers. For the + President's satisfaction, and for his justification too, an + engagement was offered and accepted for the performance of an + act which depended on His Majesty's Government alone. This + engagement was couched in the unequivocal terms I have + literally quoted. + </p> + <p> + This, sir, is not all. That there might be no + misunderstanding on the subject, this promise, with the sense + in which it was understood, the important object for which it + was given, and the serious consequences that might attend a + failure to comply with it, were urged in conversation, and + repeated in my official letters, particularly those of the + 26th and 29th of July and 3d and 9th of August last, in which + its performance was strongly pressed. + </p> + <p> + The answers to these letters left no hope that the question + would be submitted to the Chambers in time to have the result + known before the adjournment of Congress, and by the refusal + to hasten the convocation of the Chambers before the last of + December showed unequivocally that, so far from taking all + measures permitted by the constitution to <i>hasten</i> the + period of presenting the law, it was to be left to the most + remote period of the ordinary course of legislation. + </p> + <p> + This decision of His Majesty's Government, contained in your + excellency's note to me of the 7th August, was duly + transmitted to the President, and it naturally produced upon + his mind the impressions which I anticipated in my letters to + your excellency that it would produce. He saw with the + deepest regret that a positive assurance for convening the + Chambers as soon as the constitution would permit was + construed to mean only a disposition to do so, and that this + disposition had yielded to objections which he could not + think of sufficient force to justify a delay even if there + had intervened no promise, especially as the serious + consequences of that delay had been earnestly and repeatedly + brought to the consideration of His Majesty's Government. In + fact, sir, what were those objections? I do not speak of + those which were made to presenting the law in the session of + July last, for although no constitutional impediment offered + itself, yet it was not strongly insisted on, because an early + session in the autumn, would have the same effect; and the + President, for the same reason, says that it might have been + overlooked if an early call of the Chambers had been made. + They are the objections to this call, then, which immediately + demand our attention. What, in fact, were they? None derived + from the constitutional charter have been or could have been + asserted. What, then, were they? Your excellency's letter of + the 3d of August to me contains none but this: "His Majesty's + Government finds it impossible to make any positive + engagement on that point." In that of the 7th of August there + are two reasons assigned: First, the general inconvenience to + the members. This the President could surely not think of + alleging to Congress as a sufficient reason for omitting to + lay the matter before them. The next, I confess, has a little + more weight, and might have excused a delay if the assurance + given by Mr. Sérurier had been, as your excellency + construes it, merely of a <i>disposition</i> to hasten the + presentation of the law. If the engagement had amounted to no + more than this, and His Majesty's ministers thought that an + early call would endanger the passage of the law, it might + possibly justify <i>them</i> in not making it. But the + President, who relied on the promise he had received, who in + consequence of it had deferred the performance of an + important duty; the President, who had given timely and + official notice that this duty must be performed at the + opening of the next Congress; the President, who could see no + greater prospect of the passage of the law in a winter than + in an autumnal session—how was <i>he</i> to justify + himself and redeem the pledge <i>he</i> had made to his + country? He did it in the way he always does—by a + strict performance. + </p> + <p> + From this detail your excellency will, I hope, see that the + President's causes of complaint can not, as you suppose, be + confined within the narrow limit you have assigned to them. + The failure to present the law in the session of July was not + the only, nor even the principal, point in which he thought + the engagement of Mr. Sérurier uncomplied with; for + although he saw no reason for the omission that could be + called a constitutional one, yet he expressly says that might + have been overlooked. He always (it can not too often be + repeated) looked to the promise of Mr. Sérurier as it + was given at Washington, not as it was interpreted at Paris, + and he had a right to believe that as on previous occasions + the Legislature had, in the years 1819, 1822, 1825, and 1830, + held their sessions for the transaction of the ordinary + business in the months of July and August, he had a right, I + say, to believe that there was no insurmountable objection to + the consideration of this extraordinary case, enforced by a + positive promise. Yet, as I have remarked, he did not make + this his principal cause of complaint; it was the omission to + call the Chambers at an earlier period than the very end of + the year. + </p> + <p> + On this head your excellency is pleased to observe that the + same reasons, drawn from the usual course of administration, + which rendered the presentation of the law in the session of + July impossible applied with nearly the same force to a call + before the end of the year; and you appeal to the President's + knowledge of the "fixed principles of a constitutional + system" to prove that the administration under such a + government is subject to regular and permanent forms, "from + which no special interest, however important, should induce + it to deviate." For this branch of the argument it + unfortunately happens that no regular form of administration, + no fixed principle, no usage whatever, would have opposed a + call of the Chambers at an early day, and the rule which your + excellency states would not be broken "in favor of any + interest, however important," has actually been made to yield + to one of domestic occurrence. <i>The Chambers have just been + convened before the period which was declared to be the + soonest at which they could possibly meet</i>. Your + excellency will also excuse me for remarking that since the + first institution of the Chambers, in 1814, there have been + convocations for every month of the year, without exception, + which I will take the liberty of bringing to your + recollection by enumerating the different dates. The Chambers + were summoned for the month of January in the years 1823, + 1826, and 1829; for February, in the years 1827 and 1829; for + March, in 1815, 1824, and 1830; for April, in 1833; for May, + in 1814; for June, in 1815, 1822, and 1825; for July, in + 1834; for August, in 1830 and 1831; for September, in 1815; + for October, in 1816; for November, in 1817, 1818, 1819, + 1821, and 1832; and for December, in 1820, 1824, 1826, and + 1833. It is, then, clear to demonstration that neither + constitutional impediment nor stern, inflexible usage + prevented such a call of the Chambers as would have complied + with the letter of Mr. Sérurier's engagement. Since I + have alluded to the actual meeting of the Chambers on the 1st + of December, it is but candid to allow that even this period + would not have enabled the President to have attained one of + his objects—the presenting of the result of their + deliberations to Congress in his opening message. But even + that slight concession, if it had been made to my unceasing + applications, might have given an opportunity of conveying + their decision to Congress before the 4th of March, when they + must adjourn, because, had that day been then determined on, + everything would have been ready to lay before the Chambers + on the opening of the session; but a meeting a month or six + weeks earlier would have given ample time for deliberation + and decision in season to have it known at Washington on the + 1st of December. + </p> + <p> + The necessity of giving time to the new members to inform + themselves of the nature of the question and the old ones to + recover from the impression which erroneous statements had + made upon their minds I understand to be the remaining motive + of His Majesty's ministers for delaying the meeting; but this + was a precaution which, relying on the plain obligation of + the treaty, the President could not appreciate, and he must, + moreover, have thought that if a long discussion was + necessary to understand the merits of the question it was an + additional reason for hastening the meeting where those + merits were to be discussed. The delay that occurred between + the meeting of the Chambers and the 1st of January need not + have entered into the discussion, because, not long known at + Washington, it could not have had any influence on the + message. It is referred to, I presume, in order to show that + it was produced by a desire on the part of His Majesty's + ministers the better to assure the passage of the law. Of + this, sir, I never had a doubt, and immediately so advised my + Government, and informed it (as was the fact) that I + perfectly acquiesced in the delay; first, because of the + circumstance to which you allude; secondly, because the + statements originally intended to be ready by the 1st of + January were not yet prepared. There is a slight error in + this part of your excellency's letter; the delay was not made + at my request, but was fully approved of, for the reasons + which I have stated. + </p> + <p> + I have entered into this detail, sir, not for the purpose of + recrimination, which, in most cases useless, would in this be + worse, but with the object, as was my duty, of showing that + although the ministers of the King, under the interpretation + they seem to have given to Mr. Sérurier's promise, may + have considered themselves at liberty to defer the + presentation of the law until the period which they thought + would best secure its success, yet the President, + interpreting that promise differently, feeling that in + consequence of it he had forborne to do what might be + strictly called a duty, and seeing that its performance had + not taken place, could not avoid stating the whole case + clearly and distinctly to Congress and detailing to them all + the remedies which the law of nations would allow to be + applied to the case, leaving to them the choice, leaving to + their wisdom and prudence the option, of the alternative of + further delay or conditional action. Could he have said less + in this branch of his message? If he alluded to the subject + at all, he was obliged to detail the circumstances of the + case. It is not pretended that this is not done with fidelity + as to facts. The ratification of the treaty, its effect in + pledging the faith of the nation, the fidelity with which the + United States have executed it, the delay that intervened + before it was brought before the Chambers, their rejection of + the law, the assurances made by Mr. Sérurier, the + forbearance of the President to make a communication to + Congress in consequence of those assurances, and the + adjournment of the question by His Majesty's Government to + the end of the year—none of these have ever been + denied, and all this the President was obliged to bring + before Congress if, as I have said, he spoke on the subject. + But he was obliged by a solemn duty to speak of it, and he + had given timely and repeated notice of this obligation. The + propositions which he submitted to Congress in consequence of + those facts were a part of his duty. They were, as I have + stated, exclusively addressed to that body, and in offering + them he felt and expressed a proper regret, and, doing + justice to the character and high feeling of the French + nation, he explicitly disavowed any intention of influencing + it by a menace. + </p> + <p> + I have no mission, sir, to offer any modification of the + President's communication to Congress, and I beg that what I + have said may be considered with the reserve that I do not + acknowledge any right to demand or any obligation to give + explanations of a document of that nature. But the relations + which previously existed between the two countries, a desire + that no unnecessary misunderstanding should interrupt them, + and the tenor of your excellency's letter (evidently written + under excited feeling) all convinced me that it was not + incompatible with self-respect and the dignity of my country + to enter into the detail I have done. The same reasons + induced me to add that the idea erroneously entertained that + an injurious menace is contained in the message has prevented + your excellency from giving a proper attention to its + language. A cooler examination will show that although the + President was obliged, as I have demonstrated, to state to + Congress the engagements which had been made, and that in his + opinion they had not been complied with, yet in a + communication not addressed to His Majesty's Government not a + disrespectful term is employed, nor a phrase that his own + sense of propriety, as well as the regard which one nation + owes to another, would induce him to disavow. On the + contrary, expressions of sincere regret that circumstances + obliged him to complain of acts that disturbed the harmony he + wished to preserve with a nation and Government to the high + characters of which he did ample justice. + </p> + <p> + An honorable susceptibility to everything that may in the + remotest degree affect the honor of the country is a national + sentiment in France; but you will allow, sir, that it is + carried too far when it becomes impatient of just complaint, + when it will allow none of its acts to be arraigned and + considers as an offense a simple and correct examination of + injuries received and as an insult a deliberation on the + means of redress. If it is forbidden, under the penalties of + giving just cause of offense, for the different branches of a + foreign government to consult together on the nature of + wrongs it has received and review the several remedies which + the law of nations present and circumstances justify, then no + such consultation can take place in a government like that of + the United States, where all the proceedings are public, + without at once incurring the risk of war, which it would be + the very object of that consultation to avoid. + </p> + <p> + The measures announced in the close of your letter, as well + as the correspondence that it has occasioned between us, have + been transmitted to my Government, and I wait the + instructions which that communication will produce. + </p> + <p> + I pray your excellency to receive the renewed assurance of + the high consideration with which I have the honor to be, + your most obedient, humble servant, + </p> + <p class="r"> + EDW. LIVINGSTON. + </p> + <center> + [Indorsement.] + </center> + <p> + This letter was referred to in my message of the 7th of + December last, and ought to have been then transmitted with + that of the 25th of April, but by some oversight it was + omitted. + </p> + <p class="r"> + A.J. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 18, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate of the 12th + instant, I transmit a report of the Secretary of State, with + the papers therein referred to, which, with those + accompanying the special message this day sent to Congress, + are believed to contain all the information requested. The + papers relative to the letter of the late minister of France + have been added to those called for, that the subject may be + fully understood. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, January 13, 1836</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + The Secretary of State has the honor to lay before the + President a copy of a report made to him in June last, and of + a letter addressed to this Department by the late minister of + the Government of France, with the correspondence connected + with that communication, which, together with a late + correspondence between the Secretary of State and the French + chargé d'affaires and a recent correspondence between + the chargé d'affaires of the United States at Paris + and the Duke de Broglie, already transmitted to the President + to be communicated to Congress with his special message + relative thereto, are the only papers in the Department of + State supposed to be called for by the resolutions of the + Senate of the 12th instant. + </p> + <p> + It will be seen by the correspondence with the chargé + d'affaires of France that a dispatch to him from the Duke de + Broglie was read to the Secretary at the Department in + September last. It concluded with an authority to permit a + copy to be taken if it was desired. That dispatch being an + argumentative answer to the last letter of Mr. Livingston to + the French Government, and in affirmance of the right of + France to expect explanations of the message of the + President, which France had been distinctly and timely + informed could not be given without a disregard by the Chief + Magistrate of his constitutional obligations, no desire was + expressed to obtain a copy, it being obviously improper to + receive an argument in a form which admitted of no reply, and + necessarily unavailing to inquire how much or how little + would satisfy France, when her right to any such explanation + had been beforehand so distinctly and formally denied. + </p> + <p> + All which is respectfully submitted. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, June 18, 1835</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + I have the honor to present, for the examination of the + President, three letters received at the Department from + ——, dated at Paris, the 19th, 23d, and 30th of + April. The last two I found here on my recent return from + Georgia. They were received on the 9th and 10th of June; the + last came to my own hand yesterday. Several communications + have been previously received from the same quarter, all of + them volunteered; none of them have been acknowledged. The + unsolicited communications to the Department by citizens of + the United States of facts that may come to their knowledge + while residing abroad, likely to be interesting to their + country, are always received with pleasure and carefully + preserved on the files of the Government. Even opinions on + foreign topics are received with proper respect for the + motives and character of those who may choose to express + them. + </p> + <p> + But holding it both improper and dangerous to countenance any + of our citizens occupying no public station in sending + confidential communications on our affairs with a foreign + government at which we have an accredited agent, upon + subjects involving the honor of the country, without the + knowledge of such agent, and virtually substituting himself + as the channel of communication between that government and + his own, I considered it my duty to invite Mr. Pageot to the + Department to apprise him of the contents of Mr. + ——'s letter of the 23d of April, and at the same + time to inform him that he might communicate the fact to the + Duke de Broglie that no notice could be taken of Mr. + —— and his communications. + </p> + <p> + The extreme and culpable indiscretion of Mr. —— + in this transaction was strikingly illustrated by a remark of + Mr. Pageot, after a careful examination of the letter of 23d + April, that although without instructions from his Government + he would venture to assure me that the Duke de Broglie could + not have expected Mr. —— to make such a + communication to the Secretary of State. Declining to enter + into the consideration of what the Duke might have expected + or intended, I was satisfied with the assurances Mr. Pageot + gave me that he would immediately state what had occurred to + his Government. + </p> + <p> + All which is respectfully submitted, with the hope, if the + course pursued is approved by the President, that this report + may be filed in this Department with the letters to which it + refers. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Livingston</i>. + </center> + <center> + No. 50. + </center> + <center> + [Extract.] + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, March 5, 1835</i>. + </p> + <p> + EDWARD LIVINGSTON, Esq.,<br> + <i>Envoy Extraordinary and Minister Plenipotentiary, + Paris</i>. + </p> + <p> + SIR: In my note No. 49 you were informed that the last letter + of M. Sérurier would be made the subject of separate + and particular instructions to you. Unwilling to add to the + irritation produced by recent incidents in our relations with + France, the President will not take for granted that the very + exceptionable language of the French minister was used by the + orders or will be countenanced by the authority of the King + of France. You will therefore, as early as practicable after + this reaches you, call the attention of the minister of + foreign affairs to the following passage in M. + Sérurier's letter: + </p> + <p class="q"> + "Les plaintes que porte M. le Président centre le + prétendu non-accomplissement des engagemens pris par + le Gouvernement du Roi à la suite du vote du 1er avril + 1834, ne sont pas seulement étrangé par + l'entière inexactitude des allégations sur + lesquelles elles reposent, mais aussi parceque les + explications qu'a reçues à Paris M. Livingston, + et celles que le soussigné a données + directement an cabinet de Washington semblaient ne pas + laisser même la possibilité d'un malentendu sur + des points aussi délicats." + </p> + <p> + In all discussions between government and government, + whatever may be the differences of opinion on the facts or + principles brought into view, the invariable rule of courtesy + and justice demands that the sincerity of the opposing party + in the views which it entertains should never be called in + question. Facts may be denied, deductions examined, + disproved, and condemned, without just cause of offense; but + no impeachment of the integrity of the Government in its + reliance on the correctness of its own views can be permitted + without a total forgetfulness of self-respect. In the + sentence quoted from M. Sérurier's letter no exception + is taken to the assertion that the complaints of this + Government are founded upon allegations entirely inexact, nor + upon that which declares the explanations given here or in + Paris appeared, not to have left even the possibility of a + misunderstanding on such delicate points. The correctness of + these assertions we shall always dispute, and while the + records of the two Governments endure we shall find no + difficulty in shewing that they are groundless; but when M. + Sérurier chooses to qualify the nonaccomplishment of + the engagements made by France, to which the President + refers, as a <i>pretended</i> nonaccomplishment, he conveys + the idea that the Chief Magistrate knows or believes that he + is in error, and acting upon this known error seeks to impose + it upon Congress and the world as truth. In this sense it is + a direct attack upon the integrity of the Chief Magistrate of + the Republic. As such it must be indignantly repelled; and it + being a question of moral delinquency between the two + Governments, the evidence against France, by whom it is + raised, must be sternly arrayed. You will ascertain, + therefore, if it has been used by the authority or receives + the sanction of the Government of France <i>in that + sense</i>. Should it be disavowed or explained, as from the + note of the Count de Rigny to you, written at the moment of + great excitement, and in its matter not differing from M. + Sérurier's, it is presumed it will be, you will then + use the materials herewith communicated, or already in your + power, in a temper of great forbearance, but with a firmness + of tone not to be mistaken, to answer the substance of the + note itself. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Sérurier to Mr. Forsyth</i>. + </center> + <center> + [Translation.] + </center> + <p class="r"> + WASHINGTON, <i>February 23, 1835</i>. + </p> + <p> + Hon. JOHN FORSYTH,<br> + <i>Secretary of State</i>. + </p> + <p> + The undersigned, envoy extraordinary and minister + plenipotentiary of His Majesty the King of the French at + Washington, has received orders to present the following note + to the Secretary of State of the Government of the United + States: + </p> + <p> + It would be superfluous to say that the message addressed on + the 1st of December, 1834, to the Congress of the United + States by President Jackson was received at Paris with a + sentiment of painful surprise. + </p> + <p> + The King's Government is far from supposing that the measures + recommended in this message to the attention of Congress can + be adopted (<i>votées</i>) by that assembly; but even + considering the document in question as a mere manifestation + of the opinion which the President wishes to express with + regard to the course taken in this affair, it is impossible + not to consider its publication as a fact of a most serious + nature. + </p> + <p> + The complaints brought forward by the President on account of + the pretended nonfulfillment of the engagements entered into + by the King's Government after the vote of the 1st of April + are strange, not only from the total inaccuracy of the + allegations on which they are based, but also because the + explanations received by Mr. Livingston at Paris and those + which the undersigned has given directly to the Cabinet of + Washington seemed not to leave the slightest possibility of + misunderstanding on points so delicate. + </p> + <p> + It appeared, indeed, from these explanations that although + the session of the French Chambers, which was opened on the + 31st of July last in compliance with an express provision of + the charter, was prorogued at the end of a fortnight, before + the bill relative to the American claims, announced in the + discourse from the throne, could be placed under discussion, + this prorogation arose (<i>tendit</i>) entirely from the + absolute impossibility of commencing at so premature a period + the legislative labors belonging to the year 1835. + </p> + <p> + It also appeared that the motives which had hindered the + formal presentation to the Chambers of the bill in question + during the first space of a fortnight originated chiefly in + the desire more effectually to secure the success of this + important affair by choosing the most opportune moment of + offering it to the deliberations of the deputies newly + elected, who, perhaps, might have been unfavorably impressed + by this unusual haste in submitting it to them so long before + the period at which they could enter upon an examination of + it. + </p> + <p> + The undersigned will add that it is, moreover, difficult to + comprehend what advantage could have resulted from such a + measure, since it could not evidently have produced the + effect which the President declares that he had in view, of + enabling him to state at the opening of Congress that these + long-pending negotiations were definitively closed. The + President supposes, it is true, that the Chambers might have + been called together anew before the last month of 1834; but + even though the session had been opened some months + earlier—which for several reasons would have been + impossible—the simplest calculation will serve to shew + that in no case could the decision of the Chambers have been + taken, much less made known at Washington, before the 1st of + December. + </p> + <p> + The King's Government had a right (<i>devait</i>) to believe + that considerations so striking would have proved convincing + with the Cabinet of the United States, and the more so as no + direct communication made to the undersigned by this Cabinet + or transmitted at Paris by Mr. Livingston had given token of + the irritation and misunderstandings which the message of + December 1 has thus deplorably revealed, and as Mr. + Livingston, with that judicious spirit which characterizes + him, coinciding with the system of (<i>ménagemens</i>) + precautions and temporizing prudence adopted by the cabinet + of the Tuileries with a view to the common interests, had + even requested at the moment of the meeting of the Chambers + that the presentation of the bill in question might be + deferred, in order that its discussion should not be mingled + with debates of another nature, with which its coincidence + might place it in jeopardy. + </p> + <p> + This last obstacle had just been removed and the bill was + about to be presented to the Chamber of Deputies when the + arrival of the message, by creating in the minds of all a + degree of astonishment at least equal to the just irritation + which it could not fail to produce, has forced the Government + of the King to deliberate on the part which it had to adopt. + </p> + <p> + Strong in its own right and dignity, it did not conceive that + the inexplicable act of the President ought to cause it to + renounce absolutely a determination the origin of which had + been its respect for engagements (<i>loyauté</i>) and + its good feelings toward a friendly nation. Although it does + not conceal from itself that the provocation given at + Washington has materially increased the difficulties of the + case, already so great, yet it has determined to ask from the + Chambers an appropriation of twenty-five millions to meet the + engagements of the treaty of July 4. + </p> + <p> + But His Majesty has at the same time resolved no longer to + expose his minister to hear such language as that held on + December 1. The undersigned has received orders to return to + France, and the dispatch of this order has been made known to + Mr. Livingston. + </p> + <p> + The undersigned has the honor to present to the Secretary of + State the assurance of his high consideration. + </p> + <p class="r"> + SÉRURIER. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to the Duke de Broglie</i>. + </center> + <p class="r"> + LEGATION OF THE UNITED STATICS OF AMERICA,<br> + <i>Paris, April 18, 1835</i>. + </p> + <p> + M. LE DUC: I am specially directed to call the attention of + His Majesty's Government to the following passage in the note + presented by M. Sérurier to the Secretary of State at + Washington: + </p> + <p> + "Les plaintes que porte Monsieur le Président centre + le prétendu non-accomplissement des engagemens pris + par le Gouvernement du Roi á la suite du vote du 1er + avril 1834, ne sont pas settlement étrangé par + l'entière inexactitude des allégations sur + lesquelles elles reposent, mais aussi parceque les + explications qu'a recues á Paris M. Livingston, et + celles que le soussigné a donnees directement an + cabinet de Washington, semblaient ne pas laisser même + la possibilité d'un malentendu sur des points aussi + délicats." + </p> + <p> + Each party in a discussion of this nature has an uncontested + right to make its own statement of facts and draw its own + conclusions from them, to acknowledge or deny the accuracy of + counter proof or the force of objecting arguments, with no + other restraints than those which respect for his own + convictions, the opinion of the world, and the rules of + common courtesy impose. This freedom of argument is essential + to the discussion of all national concerns, and can not be + objected to without showing an improper and irritating + susceptibility. It is for this reason that the Government of + the United States make no complaint of the assertion in the + note presented by M. Sérurier that the statement of + facts contained in the President's message is inaccurate, and + that the causes assigned for the delay in presenting the law + ought to have satisfied them. On their part they contest the + facts, deny the accuracy of the conclusions, and appeal to + the record, to reason, and to the sense of justice of His + Majesty's Government on a more mature consideration of the + case for their justification. But I am further instructed to + say that there is one expression in the passage I have quoted + which in one signification could not be admitted even within + the broad limits which are allowed to discussions of this + nature, and which, therefore, the President will not believe + to have been used in the offensive sense that might be + attributed to it. The word "<i>pretendu</i>" sometimes, it is + believed, in French, and its translation always in English, + implies not only that the assertion which it qualifies is + untrue, but that the party making it knows it to be so and + uses it for the purposes of deception. + </p> + <p> + Although the President can not believe that the term was + employed in this injurious sense, yet the bare possibility of + a construction being put upon it which it would be incumbent + on him to repel with indignation obliges him to ask for the + necessary explanation. + </p> + <p> + I have the honor to be, etc., + </p> + <p class="r"> + EDWARD LIVINGSTON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to Mr. Forsyth</i>. + </center> + <center> + [Extract.] + </center> + <p class="r"> + WASHINGTON, <i>June 29, 1835</i>. + </p> + <p> + ... Having received my passports, I left Paris on the 29th of + April. At the time of my departure the note, of which a copy + has been transmitted to you, asking an explanation of the + terms used in M. Sérurier's communication to the + Department, remained unanswered, but I have reason to believe + that the answer when given will be satisfactory. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 20, 1836</i>. + </p> + <p> + Hon. JAMES K. POLK,<br> + <i>Speaker of the House of Representatives</i>. + </p> + <p> + SIR: I herewith transmit to the House of Representatives a + report from the Director of the Mint, exhibiting the + operations of that institution during the year 1835. + </p> + <p> + The report contains also some very useful suggestions as to + certain changes in the laws connected with our coinage and + with that establishment, which are recommended to your early + and careful attention. + </p> + <p> + Besides some remarks in it on the progress made in the + erection of branch mints and procuring machinery therefor, I + inclose a report from the Secretary of the Treasury, + submitting more detailed statements as to the new buildings + from each of the agents appointed to superintend their + erection. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 8, 1836</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + The Government of Great Britain has offered its mediation for + the adjustment of the dispute between the United States and + France. Carefully guarding that point in the controversy + which, as it involves our honor and independence, admits of + no compromise, I have cheerfully accepted the offer. It will + be obviously improper to resort even to the mildest measures + of a compulsory character until it is ascertained whether + France has declined or accepted the mediation. I therefore + recommend a suspension of all proceedings on that part of my + special message of the 15th of January last which proposes a + partial nonintercourse with France. While we can not too + highly appreciate the elevated and disinterested motives of + the offer of Great Britain, and have a just reliance upon the + great influence of that power to restore the relations of + ancient friendship between the United States and France, and + know, too, that our own pacific policy will be strictly + adhered to until the national honor compels us to depart from + it, we should be insensible to the exposed condition of our + country and forget the lessons of experience if we did not + efficiently and sedulously prepare for an adverse result. The + peace of a nation does not depend exclusively upon its own + will, nor upon the beneficent policy of neighboring powers; + and that nation which is found totally unprepared for the + exigencies and dangers of war, although it come without + having given warning of its approach, is criminally negligent + of its honor and its duty. I can not too strongly repeat the + recommendation already made to place the seaboard in a proper + state for defense and promptly to provide the means for amply + protecting our commerce. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 9, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In answer to the call made by the Senate in their resolution + of the 3d instant, relative to the Indian hostilities in + Florida, I transmit herewith a report from the Secretary of + War, accompanied by sundry explanatory papers. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 10, 1836</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit herewith a report from the Secretary of War, with + copies of so much of the correspondence relating to Indian + affairs called for by the resolution of the House of January + 23, 1835, as can be furnished by that Department. I also + transmit a report on the same subject from the Treasury + Department, from which it appears that without a special + appropriation or the suspension for a considerable period of + much of the urgent and current business of the General Land + Office it is impracticable to take copies of all the papers + described in the resolution. Under these circumstances the + subject is again respectfully submitted to the consideration + of the House of Representatives. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 11, 1836. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I herewith return to the Senate the resolution of the + legislature of the State of Indiana requesting the President + to suspend from sale a strip of land 10 miles in width, on a + line from Munceytown to Fort Wayne, which resolution was + referred to me on the 5th instant. + </p> + <p> + It appears from the memorial to which the resolution is + subjoined that the lands embraced therein have been in market + for several years past; that the legislature of the State of + Indiana have applied to Congress for the passage of a law + giving that State the right to purchase at such reduced + prices as Congress may fix, and that their suspension from + sale is requested as auxiliary to this application. + </p> + <p> + By the acts of Congress now in force all persons who may + choose to make entries for these lands in the manner + prescribed by law are entitled to purchase the same, and as + the President possesses no dispensing power it will be + obvious to the Senate that until authorized by law he can not + rightfully act on the subject referred to him. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 15, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, in pursuance of the resolutions + passed by that body on the 3d instant, a report from the + Secretary of State, accompanied by certain papers, relative + to the existing relations between the United States and + France. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 18, 1836</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives, in answer to + their resolutions of the —— February instant, + reports from the Secretary of State and the Secretary of the + Treasury, with accompanying documents, relating to the + relations between the United States and France. For reasons + adverted to by the Secretary of State, the resolutions of the + House have not been more fully complied with. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 22, 1836. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I transmit herewith to Congress copies of the correspondence + between the Secretary of State and the chargé + d'affaires of His Britannic Majesty, relative to the + mediation of Great Britain in our disagreement with France + and to the determination of the French Government to execute + the treaty of indemnification without further delay on the + application for payment by the agent of the United States. + </p> + <p> + The grounds upon which the mediation was accepted will be + found fully developed in the correspondence. On the part of + France the mediation had been publicly accepted before the + offer of it could be received here. Whilst each of the two + Governments has thus discovered a just solicitude to resort + to all honorable means of adjusting amicably the controversy + between them, it is a matter of congratulation that the + mediation has been rendered unnecessary. Under such + circumstances the anticipation may be confidently indulged + that the disagreement between the United States and France + will not have produced more than a temporary estrangement. + The healing effects of time, a just consideration of the + powerful motives for a cordial good understanding between the + two nations, the strong inducements each has to respect and + esteem the other, will no doubt soon obliterate from their + remembrance all traces of that disagreement. + </p> + <p> + Of the elevated and disinterested part the Government of + Great Britain has acted and was prepared to act I have + already had occasion to express my high sense. Universal + respect and the consciousness of meriting it are with + Governments as with men the just rewards of those who + faithfully exert their power to preserve peace, restore + harmony, and perpetuate good will. + </p> + <p> + I may be permitted, I trust, at this time, without a + suspicion of the most remote desire to throw off censure from + the Executive or to point it to any other department or + branch of the Government, to refer to the want of effective + preparation in which our country was found at the late + crisis. From the nature of our institutions the movements of + the Government in preparation for hostilities must ever be + too slow for the exigencies of unexpected war. I submit it, + then, to you whether the first duty we owe to the people who + have confided to us their power is not to place our country + in such an attitude as always to be so amply supplied with + the means of self-defense as to afford no inducements to + other nations to presume upon our forbearance or to expect + important advantages from a sudden assault, either upon our + commerce, our seacoast, or our interior frontier. In case of + the commencement of hostilities during the recess of + Congress, the time inevitably elapsing before that body could + be called together, even under the most favorable + circumstances, would be pregnant with danger; and if we + escaped without signal disaster or national dishonor, the + hazard of both unnecessarily incurred could not fail to + excite a feeling of deep reproach. I earnestly recommend to + you, therefore, to make such provisions that in no future + time shall we be found without ample means to repel + aggression, even although it may come upon us without a note + of warning. We are now, fortunately, so situated that the + expenditure for this purpose will not be felt, and if it were + it would be approved by those from whom all its means are + derived, and for whose benefit only it should be used with a + liberal economy and an enlightened forecast. + </p> + <p> + In behalf of these suggestions I can not forbear repeating + the wise precepts of one whose counsels can not be forgotten: + </p> + <p class="q"> + ... The United States ought not to indulge a persuasion that, + contrary to the order of human events, they will forever keep + at a distance those painful appeals to arms with which the + history of every other nation abounds. There is a rank due to + the United States among nations which will be withheld, if + not absolutely lost, by the reputation of weakness. If we + desire to avoid insult, we must be able to repel it; if we + desire to secure peace, one of the most powerful instruments + of our rising prosperity, it must be known that we are at all + times ready for war. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 27, 1836</i>. + </p> + <p> + The undersigned, His Britannic Majesty's chargé + d'affaires, has been instructed to state to Mr. Forsyth, the + Secretary of State of the United States, that the British + Government has witnessed with the greatest pain and regret + the progress of the misunderstanding which has lately grown + up between the Governments of France and of the United + States. The first object of the undeviating policy of the + British cabinet has been to maintain uninterrupted the + relations of peace between Great Britain and the other + nations of the world, without any abandonment of national + interests and without any sacrifice of national honor. The + next object to which their anxious and unremitting exertions + have been directed has been by an appropriate exercise of the + good offices and moral influence of Great Britain to heal + dissensions which may have arisen among neighboring powers + and to preserve for other nations those blessings of peace + which Great Britain is so desirous of securing for herself. + </p> + <p> + The steady efforts of His Majesty's Government have hitherto + been, fortunately, successful in the accomplishment of both + these ends, and while Europe during the last five years has + passed through a crisis of extraordinary hazard without any + disturbance of the general peace, His Majesty's Government + has the satisfaction of thinking that it has on more than one + occasion been instrumental in reconciling differences which + might otherwise have led to quarrels, and in cementing union + between friendly powers. + </p> + <p> + But if ever there could be an occasion on which it would be + painful to the British Government to see the relations of + amity broken off between two friendly states that occasion is + undoubtedly the present, when a rupture is apprehended + between two great powers, with both of which Great Britain is + united by the closest ties—with one of which she is + engaged in active alliance; with the other of which she is + joined by community of interests and by the bonds of kindred. + </p> + <p> + Nor would the grounds of difference on the present occasion + reconcile the friends and wellwishers of the differing + parties to the misfortune of an open rupture between them. + </p> + <p> + When the conflicting interests of two nations are so opposed + on a particular question as to admit of no possible + compromise, the sword may be required to cut the knot which + reason is unable to untie. + </p> + <p> + When passions have been so excited on both sides that no + common standard of justice can be found, and what one party + insists on as a right the other denounces as a wrong, + prejudice may become too headstrong to yield to the voice of + equity, and those who can agree on nothing else may consent + to abide the fate of arms and to allow that the party which + shall prove the weakest in the war shall be deemed to have + been wrong in the dispute. + </p> + <p> + But in the present case there is no question of national + interest at issue between France and the United States. In + the present case there is no demand of justice made by one + party and denied by the other. The disputed claims of America + on France, which were founded upon transactions in the early + part of the present century and were for many years in + litigation, have at length been established by mutual consent + and are admitted by a treaty concluded between the two + Governments. The money due by France has been provided by the + Chambers, and has been placed at the disposal of the French + Government for the purpose of being paid to the United + States. But questions have arisen between the two Governments + in the progress of those transactions affecting on both sides + the feelings of national honor, and it is on this ground that + the relations between the parties have been for the moment + suspended and are in danger of being more seriously + interrupted. + </p> + <p> + In this state of things the British Government is led to + think that the good offices of a third power equally the + friend of France and of the United States, and prompted by + considerations of the highest order most earnestly to wish + for the continuance of peace, might be useful in restoring a + good understanding between the two parties on a footing + consistent with the nicest feelings of national honor in + both. + </p> + <p> + The undersigned has therefore been instructed by His + Majesty's Government formally to tender to the Government of + the United States the mediation of Great Britain for the + settlement of the differences between the United States and + France, and to say that a note precisely similar to the + present has been delivered to the French Government by His + Majesty's ambassador at Paris. The undersigned has, at the + same time, to express the confident hope of His Majesty's + Government that if the two parties would agree to refer to + the British Government the settlement of the point at issue + between them, and to abide by the opinion which that + Government might after due consideration communicate to the + two parties thereupon, means might be found of satisfying the + honor of each without incurring those great and manifold + evils which a rupture between two such powers must inevitably + entail on both. + </p> + <p> + The undersigned has the honor to renew to Mr. Forsyth the + assurance of his most distinguished consideration. + </p> + <p class="r"> + CHARLES BANKHEAD. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 3, 1836</i>. + </p> + <p> + CHARLES BANKHEAD, Esq.: + </p> + <p> + The undersigned, Secretary of State of the United States, has + had the honor to receive the note of the 27th ultimo of Mr. + Charles Bankhead, His Britannic Majesty's chargé + d'affaires, offering to the Government of the United States + the mediation of His Britannic Majesty's Government for the + settlement of the differences unhappily existing between the + United States and France. That communication having been + submitted to the President, and considered with all the care + belonging to the importance of the subject and the source + from which it emanated, the undersigned has been instructed + to assure Mr. Bankhead that the disinterested and honorable + motives which have dictated the proposal are fully + appreciated. The pacific policy of His Britannic Majesty's + cabinet and their efforts to heal dissensions arising among + nations are worthy of the character and commanding influence + of Great Britain, and the success of those efforts is as + honorable to the Government by whose instrumentality it was + secured as it has been beneficial to the parties more + immediately interested and to the world at large. + </p> + <p> + The sentiments upon which this policy is founded, and which + are so forcibly displayed in the offer that has been made, + are deeply impressed upon the mind of the President. They are + congenial with the institutions and principles as well as + with the interests and habits of the people of the United + States, and it has been the constant aim of their Government + in its conduct toward other powers to observe and illustrate + them. Cordially approving the general views of His Britannic + Majesty's Government, the President regards with peculiar + satisfaction the enlightened and disinterested solicitude + manifested by it for the welfare of the nations to whom its + good offices are now tendered, and has seen with great + sensibility, in the exhibition of that feeling, the + recognition of that community of interests and those ties of + kindred by which the United States and Great Britain are + united. + </p> + <p> + If circumstances did not render it certain, it would have + been obvious from the language of Mr. Bankhead's note to the + undersigned that the Government of His Britannic Majesty, + when the instructions under which it was prepared were given, + could not have been apprised of all the steps taken in the + controversy between the United States and France. It was + necessarily ignorant of the tenor of the two recent messages + of the President to Congress—the first communicated at + the commencement of the present session, under date of the + 7th of December, 1835, and the second under that of the 15th + of January, 1836. Could these documents have been within the + knowledge of His Britannic Majesty's Government, the + President does not doubt that it would have been fully + satisfied that the disposition of the United States, + notwithstanding their well-grounded and serious causes of + complaint against France, to restore friendly relations and + cultivate a good understanding with the Government of that + country was undiminished, and that all had already been done + on their part that could in reason be expected of them to + secure that result. The first of these documents, although it + gave such a history of the origin and progress of the claims + of the United States and of the proceedings of France before + and since the treaty of 1831 as to vindicate the statements + and recommendations of the message of the 1st of December, + 1834, yet expressly disclaimed the offensive interpretation + put upon it by the Government of France, and while it + insisted on the acknowledged rights of the United States and + the obligations of the treaty and maintained the honor and + independence of the American Government, evinced an anxious + desire to do all that constitutional duty and strict justice + would permit to remove every cause of irritation and + excitement. The special message of the 15th January last + being called for by the extraordinary and inadmissible + demands of the Government of France as defined in the last + official communications at Paris, and by the continued + refusal of France to execute a treaty from the faithful + performance of which by the United States it was tranquilly + enjoying important advantages, it became the duty of the + President to recommend such measures as might be adapted to + the exigencies of the occasion. Unwilling to believe that a + nation distinguished for honor and intelligence could have + determined permanently to maintain a ground so indefensible, + and anxious still to leave open the door of reconciliation, + the President contented himself with proposing to Congress + the mildest of the remedies given by the law and practice of + nations in connection with such propositions for defense as + were evidently required by the condition of the United States + and the attitude assumed by France. In all these proceedings, + as well as in every stage of these difficulties with France, + it is confidently believed that the course of the United + States, when duly considered by other Governments and the + world, will be found to have been marked not only by a + pacific disposition, but by a spirit of forbearance and + conciliation. + </p> + <p> + For a further illustration of this point, as well as for the + purpose of presenting a lucid view of the whole subject, the + undersigned has the honor to transmit to Mr. Bankhead copies + of all that part of the message of December 7, 1835, which + relates to it and of the correspondence referred to therein, + and also copies of the message and accompanying documents of + the 15th of January, 1836, and of another message of the 18th + of the same month, transmitting a report of the Secretary of + State and certain documents connected with the subject. + </p> + <p> + These papers, while they will bring down the history of the + misunderstanding between the United States and France to the + present date, will also remove an erroneous impression which + appears to be entertained by His Britannic Majesty's + Government. It is suggested in Mr. Bankhead's note that there + is no question of national interest at issue between France + and the United States, and that there is no demand of justice + made by the one party and denied by the other. This + suggestion appears to be founded on the facts that the claims + of the United States have been admitted by a treaty concluded + between the two Governments and that the money due by France + has been provided by the Chambers and placed at the disposal + of the French Government for the purpose of being paid to the + United States. But it is to be observed that the payment of + the money thus appropriated is refused by the French + Government unless the United States will first comply with a + condition not contained in the treaty and not assented to by + them. This refusal to make payment is, in the view of the + United States, a denial of justice, and has not only been + accompanied by acts and language of which they have great + reason to complain, but the delay of payment is highly + injurious to those American citizens who are entitled to + share in the indemnification provided by the treaty and to + the interests of the United States, inasmuch as the reduction + of the duties levied on French wines in pursuance of that + treaty has diminished the public revenue, and has been and + yet is enjoyed by France, with all the other benefits of the + treaty, without the consideration and equivalents for which + they were granted. But there are other national interests, + and, in the judgment of this Government, national interests + of the highest order, involved in the condition prescribed + and insisted on by France which it has been by the President + made the duty of the undersigned to bring distinctly into + view. That condition proceeds on the assumption that a + foreign power whose acts are spoken of by the President of + the United States in a message to Congress, transmitted in + obedience to his constitutional duties, and which deems + itself aggrieved by the language thus held by him, may as a + matter of right require from the Government of the United + States a direct official explanation of such language, to be + given in such form and expressed in such terms as shall meet + the requirements and satisfy the feelings of the offended + party, and may in default of such explanation annul or + suspend a solemn treaty duly executed by its constitutional + organ. Whatever may be the responsibility of those nations + whose executives possess the power of declaring war and of + adopting other coercive remedies without the intervention of + the legislative department, for the language held by the + Executive in addressing that department, it is obvious that + under the Constitution of the United States, which gives to + the Executive no such powers, but vests them exclusively in + the Legislature, whilst at the same time it imposes on the + Executive the duty of laying before the Legislature the state + of the nation, with such recommendations as he may deem + proper, no such responsibility can be admitted without + impairing that freedom of intercommunication which is + essential to the system and without surrendering in this + important particular the right of self-government. In + accordance with this view of the Federal Constitution has + been the practice under it. The statements and + recommendations of the President to Congress are regarded by + this Government as a part of the purely domestic + consultations held by its different + departments—consultations in which nothing is addressed + to foreign powers, and in which they can not be permitted to + interfere, and for which, until consummated and carried out + by acts emanating from the proper constitutional organs, the + nation is not responsible and the Government not liable to + account to other States. + </p> + <p> + It will be seen from the accompanying correspondence that + when the condition referred to was first proposed in the + Chamber of Deputies the insuperable objections to it were + fully communicated by the American minister at Paris to the + French Government, and that he distinctly informed it that + the condition, if prescribed, could never be complied with. + The views expressed by him were approved by the President, + and have been since twice asserted and enforced by him in his + messages to Congress in terms proportioned in their + explicitness and solemnity to the conviction he entertains of + the importance and inviolability of the principle involved. + </p> + <p> + The United States can not yield this principle, nor can they + do or consent to any measure by which its influence in the + action of their political system can be obstructed or + diminished. Under these circumstances the President feels + that he may rely on the intelligence and liberality of His + Britannic Majesty's Government for a correct estimation of + the imperative obligations which leave him no power to + subject this point to the control of any foreign state, + whatever may be his confidence in its justice and + impartiality—a confidence which he has taken pleasure + in instructing the undersigned to state is fully reposed by + him in the Government of His Britannic Majesty. + </p> + <p> + So great, however, is the desire of the President for the + restoration of a good understanding with the Government of + France, provided it can be effected on terms compatible with + the honor and independence of the United States, that if, + after the frank avowal of his sentiments upon the point last + referred to and the explicit reservation of that point, the + Government of His Britannic Majesty shall believe that its + mediation can be useful in adjusting the differences which + exist between the two countries and in restoring all their + relations to a friendly footing, he instructs the undersigned + to inform Mr. Bankhead that in such case the offer of + mediation made in his note is cheerfully accepted. + </p> + <p> + The United States desire nothing but equal and exact justice, + and they can not but hope that the good offices of a third + power, friendly to both parties, and prompted by the elevated + considerations manifested in Mr. Bankhead's note, may promote + the attainment of this end. + </p> + <p> + Influenced by these motives, the President will cordially + cooperate, so far as his constitutional powers may enable + him, in such steps as may be requisite on the part of the + United States to give effect to the proposed mediation. He + trusts that no unnecessary delay will be allowed to occur, + and instructs the undersigned to request that the earliest + information of the measures taken by Great Britain and of + their result may be communicated to this Government. + </p> + <p> + The undersigned avails himself of the occasion to renew to + Mr. Bankhead the assurances of his distinguished + consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 15, 1836</i>. + </p> + <p> + Hon. JOHN FORSYTH, etc.: + </p> + <p> + The undersigned, His Britannic Majesty's chargé + d'affaires, with reference to his note of the 27th of last + month, has the honor to inform Mr. Forsyth, Secretary of + State of the United States, that he has been instructed by + his Government to state that the British Government has + received a communication from that of France which fulfills + the wishes that impelled His Britannic Majesty to offer his + mediation for the purpose of effecting an amicable adjustment + of the difference between France and the United States. + </p> + <p> + The French Government has stated to that of His Majesty that + the frank and honorable manner in which the President has in + his recent message expressed himself with regard to the + points of difference between the Governments of France and of + the United States has removed those difficulties, upon the + score of national honor, which have hitherto stood in the way + of the prompt execution by France of the treaty of the 4th + July, 1831, and that consequently the French Government is + now ready to pay the installment which is due on account of + the American indemnity whenever the payment of that + installment shall be claimed by the Government of the United + States. + </p> + <p> + The French Government has also stated that it made this + communication to that of Great Britain not regarding the + British Government as a formal mediator, since its offer of + mediation had then reached only the Government of France, by + which it had been accepted, but looking upon the British + Government as a common friend of the two parties, and + therefore as a natural channel of communication between them. + </p> + <p> + The undersigned is further instructed to express the sincere + pleasure which is felt by the British Government at the + prospect thus afforded of an amicable termination of a + difference which has produced a temporary estrangement + between two nations who have so many interests in common, and + who are so entitled to the friendship and esteem of each + other; and the undersigned has also to assure Mr. Forsyth + that it has afforded the British Government the most lively + satisfaction to have been upon this occasion the channel of a + communication which they trust will lead to the complete + restoration of friendly relations between the United States + and France. + </p> + <p> + The undersigned has great pleasure in renewing to Mr. Forsyth + the assurances of his most distinguished consideration. + </p> + <p class="r"> + CHARLES BANKHEAD. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 16, 1836</i>. + </p> + <p> + CHARLES BANKHEAD, Esq.: + </p> + <p> + The undersigned, Secretary of State of the United States, has + had the honor to receive Mr. Bankhead's note of the 15th + instant, in which he states by the instructions of his + Government that the British Government have received a + communication from that of France which fulfills the wishes + that impelled His Britannic Majesty to offer his mediation + for the purpose of effecting an amicable adjustment of the + differences between France and the United States; that the + French Government, being satisfied with the frank and + honorable manner in which the President has in his recent + message expressed himself in regard to the points of + difference between the two Governments, is ready to pay the + installment due on account of the American indemnity whenever + it shall be claimed by the Government of the United States, + and that this communication is made to the Government of + Great Britain not as a formal mediator, but as a common + friend of both parties. + </p> + <p> + The undersigned has submitted this note of His Britannic + Majesty's chargé d'affaires to the President, and is + instructed to reply that the President has received this + information with the highest satisfaction—a + satisfaction as sincere as was his regret at the unexpected + occurrence of the difficulty created by the erroneous + impressions heretofore made upon the national sensibility of + France. By the fulfillment of the obligations of the + convention between the two Governments the great cause of + difference will be removed, and the President anticipates + that the benevolent and magnanimous wishes of His Britannic + Majesty's Government will be speedily realized, as the + temporary estrangement between the two nations who have so + many common interests will no doubt be followed by the + restoration of their ancient ties of friendship and esteem. + </p> + <p> + The President has further instructed the undersigned to + express to His Britannic Majesty's Government his sensibility + at the anxious desire it has displayed to preserve the + relations of peace between the United States and France, and + the exertions it was prepared to make to effectuate that + object, so essential to the prosperity and congenial to the + wishes of the two nations and to the repose of the world. + </p> + <p> + Leaving His Majesty's Government to the consciousness of the + elevated motives which have governed its conduct and to the + universal respect which must be secured to it, the President + is satisfied that no expressions, however strong, of his own + feelings can be appropriately used which could add to the + gratification afforded to His Majesty's Government at being + the channel of communication to preserve peace and restore + good will between differing nations, each of whom is its + friend. + </p> + <p> + The undersigned avails himself of this occasion to renew to + Mr. Bankhead the assurance of his distinguished + consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 23, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith a report of the Secretary of War, on the + progress of the improvement of Red River, furnishing + information in addition to that communicated with my message + at the opening of the present session of Congress. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <center> + [The same letter was addressed to the Speaker of the House of + Representatives.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 25, 1836</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit to the Senate a report<a href="#note-15">15</a> + from the Secretary of State, complying as far as practicable + with their resolution of the 16th instant. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 29, 1836</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit a report of the Secretary of State, communicating + an application from the chargé d'affaires of Portugal + for the passage by Congress of a special act abolishing + discriminating duties upon the cargoes of Portuguese vessels + imported into the United States from those parts of the + dominions of Portugal in which no discriminating duties are + charged upon the vessels of the United States or their + cargoes, and providing for a return of the discriminating + duties which have been exacted upon the cargoes of Portuguese + vessels thus circumstanced since the 18th of April, 1834. I + also transmit a copy of the correspondence which has taken + place upon the subject between the Department of State and + the chargé d'affaires of Portugal. + </p> + <p> + The whole matter is submitted to the discretion of Congress, + with this suggestion, that if an act should be passed placing + the cargoes of Portuguese vessels coming from certain parts + of the territories of Portugal on the footing of those + imported in vessels of the United States, in deciding upon + the propriety of restoring the duties heretofore levied and + the time to which they should be restored regard should be + had to the fact that the decree of the 18th April, 1834, + which is made the basis of the present application, took + effect in the islands of Madeira and the Azores many months + after its promulgation, and to the more important fact that + until the 1st of February instant an indirect advantage was + allowed in Portugal to importations from Great Britain over + those from other countries, including the United States. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>February 27, 1836</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + The undersigned, Secretary of State, has the honor to report + to the President that official information was received at + this Department some time since from the chargé + d'affaires of Portugal of the abolition of all discriminating + duties upon the cargoes of foreign vessels, including those + of the United States, imported into Lisbon and Oporto, by a + decree of the Portuguese Government promulgated on the 18th + of April, 1834, the operation of which decree was stated by + the chargé to extend to the island of Madeira. Upon + the strength of this decree he applied, by order of his + Government, for the suspension, under the fourth section of + the act of Congress of January 7, 1824, of discriminating + duties upon the cargoes of Portuguese vessels imported into + the United States; but being informed that the act alluded to + was inapplicable by reason that discriminating duties upon + the cargoes of American vessels still existed in a part of + the dominions of Portugal, he has requested that the + principle acted upon in regard to Holland may be extended to + Portugal, and that discriminating duties may be abolished in + respect to Portugal proper, the Madeira Islands, the Azores, + and such other parts of the Portuguese dominions wherein no + discriminating duty is levied upon the vessels of the United + States or their cargoes. This request is accompanied by a + suggestion that unless some such reciprocity is established + the benefits of the decree of April, 1834, will be withdrawn + so far as respects this country. Application is also made for + a return of the discriminating duties which have been + collected since the promulgation of the said decree from the + vessels of Portugal arriving in the United States from any of + the ports embraced by that decree. In reference to this point + it is proper to state that it does not appear that the force + or operation of the decree referred to of the 18th April, + 1834, was extended by any official act of the Portuguese + Government to the islands of Madeira or the Azores until + February or April, 1835. It is also to be observed that, + notwithstanding the abolition by that decree of + discriminating duties upon the importation of goods into + Portugal from foreign countries, an exemption existed until + the 1st of February instant, according to information + received from our chargé d'affaires at Lisbon, in + favor of various articles when imported from Great Britain, + from an excise duty which was exacted upon the same articles + when imported from other foreign countries or produced or + manufactured at home. This exemption was granted in pursuance + of the construction given to a stipulation contained in the + late treaty between Portugal and Great Britain, and ceased, + together with that treaty, on the 1st day of the present + month. + </p> + <p> + The undersigned has the honor to transmit with this report a + copy of the correspondence between the Department and the + chargé d'affaires of Portugal upon which it is + founded. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 29, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith a report from the Secretary of State, + correcting an error made in the report recently communicated + to the Senate in answer to the resolution of the 16th + instant, respecting the number and amount of claims for + spoliations presented to the commissioners under the French + treaty of 1831 which were rejected. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 5, 1836</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I submit to the Senate, for their advice and consent as to + the ratification of the same, the treaty and the supplement + to it recently concluded with the Cherokee Indians. + </p> + <p> + The papers referred to in the accompanying communication from + the Secretary of War as necessary to a full view of the whole + subject are also herewith submitted. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 7, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, for their consideration with a view + to its ratification, a treaty of peace, amity, navigation, + and commerce between the United States and the Republic of + Venezuela, concluded and signed by their plenipotentiaries at + the city of Caracas on the 20th of January last. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 10, 1836</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I transmit herewith a report from the Secretary of State, + communicating the proceedings of a convention assembled at + Little Rock, in the Territory of Arkansas, for the purpose of + forming a constitution and system of government for the State + of Arkansas. The constitution adopted by this convention and + the documents accompanying it, referred to in the report from + the Secretary of State, are respectfully submitted to the + consideration of Congress. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 1, 1836</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit herewith to the Senate, for their advice and + consent as to its ratification, a treaty concluded with the + Ottawa and Chippewa Indians. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 8, 1836</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit herewith reports from the Secretaries of the War + and Navy Departments, to whom were referred the resolutions + adopted by the Senate on the 18th of February last, + requesting information of the probable amount of + appropriations that would be necessary to place the land and + naval defenses of the country upon a proper footing of + strength and respectability. + </p> + <p> + In respect to that branch of the subject which falls more + particularly under the notice of the Secretary of War, and in + the consideration of which he has arrived at conclusions + differing from those contained in the report from the + Engineer Bureau, I think it proper to add my concurrence in + the views expressed by the Secretary. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 12, 1836</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit herewith a report<a href="#note-16">16</a> from + the Secretary of War, communicating the original letter from + Major Davis and the statements which accompany it, referred + to in the resolution of the Senate of the 8th instant. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 27, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith to the Senate, for their advice and + consent as to the ratification of the same, a treaty + concluded with the Wyandot Indians for a cession of a portion + of their reservation in the State of Ohio. + </p> + <p> + In order to prevent any abuse of the power granted to the + chiefs in the fifth article of the treaty, I recommend the + adoption of the suggestion contained in the accompanying + letter of the Secretary of War; otherwise I shall not feel + satisfied in approving that article. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 29, 1836</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + It affords me pleasure to transmit to Congress a copy of the + Catalogue of the Arundel Manuscripts in the British Museum, + which has been forwarded to me, as will be perceived from the + inclosed letter, on behalf of the trustees of that + institution, for the purpose of being placed in the United + States library. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + Believing that the act of the 12th July, 1832, does not + enable the Executive to carry into effect the recently + negotiated additional article to the treaty of limits with + Mexico, I transmit to Congress copies of that article, that + the necessary legislative provision may be made for its + faithful execution on the part of the United States. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + MAY 6, 1836. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 10, 1836</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + Information has been received at the Treasury Department that + the four installments under our treaty with France have been + paid to the agent of the United States. In communicating this + satisfactory termination of our controversy with France, I + feel assured that both Houses of Congress will unite with me + in desiring and believing that the anticipations of a + restoration of the ancient cordial relations between the two + countries, expressed in my former messages on this subject, + will be speedily realized. + </p> + <p> + No proper exertion of mine shall be wanting to efface the + remembrance of those misconceptions that have temporarily + interrupted the accustomed intercourse between them. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 14, 1836</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 10th instant, I transmit + reports<a href="#note-17">17</a> from the Secretaries of + State and War, with the papers accompanying the same. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 14, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit, for the consideration of the Senate, three + treaties concluded with certain bands of Pottawatamie Indians + in the State of Indiana. + </p> + <p> + I transmit also a report from the Secretary of War, inclosing + the instructions under which these treaties were negotiated. + </p> + <p> + I would remark that the fourth article of each treaty + provides for the appointment of a commissioner and the + payment of the debts due by the Indians. There is no + limitation upon the amount of these debts, though it is + obvious from these instructions that the commissioner should + have limited the amount to be applied to this object; + otherwise the whole fund might be exhausted and the Indians + left without the means of living. I therefore recommend + either that the Senate limit the amount at their discretion + or that they provide by resolution that the whole purchase + money be paid to the Indians, leaving to them the adjustment + of their debts. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 21, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith two treaties concluded with bands of + Pottawatamies in the State of Indiana, with accompanying + papers, for the consideration and action of the Senate. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 26, 1836</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit, in conformity with a resolution of the House of + Representatives of the 21st instant, a report of the + Secretary of War, containing the information called for on + the subject of the causes of the hostilities of the Seminoles + and the measures taken to repress them. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 27, 1836</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In further compliance with so much of the resolution of the + House of Representatives of the 21st instant as calls for an + account of the causes of the hostilities of the Seminole + Indians, I transmit a supplementary report from the Secretary + of War. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 28, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith, for the consideration and action of the + Senate, a treaty concluded on the 24th instant with the + Chippewa Indians of Saganaw. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 31, 1836</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit herewith the response of Samuel Gwin, + esq.,<a href="#note-18">18</a> to the charges affecting + his official conduct and character which were set forth in + the evidence taken under the authority of the Senate by + the Committee on Public Lands, and which was referred to + the President by the resolution of the Senate bearing date + the 3d day of March, 1835. This resolution and the + evidence it refers to were officially communicated to Mr. + Gwin by the Secretary of the Treasury, and the response of + Mr. Gwin has been received through the same official + channel. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 1, 1836</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit herewith to the Senate a communication which has + been received from Mr. B.F. Currey<a href="#note-19">19</a> + in answer to a call made upon him by the President, through + the War Department, in consequence of the serious charges + which were preferred against him by one of the honorable + members of the Senate. It seems to be due to justice that the + Senate should be furnished, agreeably to the request of Mr. + Currey, with the explanations contained in this + communication, particularly as they are deemed so far + satisfactory as would render his dismissal or even censure + undeserved and improper. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 3, 1836</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + In compliance with the resolution of the Senate of the 27th + ultimo, requesting the President to inform the Senate + "whether any increase or improvement of organization is + needed in the Ordnance Corps," I have to state that I + entertain no doubt of the propriety of increasing the corps, + and that I concur in the plan proposed for this purpose in + the accompanying report from the Secretary of War. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 3, 1836</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit herewith a supplemental report from the War + Department, in answer to the resolution of the House of + Representatives of the 21st ultimo, calling for information + respecting the causes of the Seminole hostilities and the + measures taken to suppress them. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 3, 1836</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I herewith transmit a report from the Secretary of the + Treasury, in relation to the injuries sustained by the bridge + across the Potomac River during the recent extraordinary rise + of water, and would respectfully recommend to the early + attention of Congress the legislation, therein suggested. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 14, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit a report of the Secretary of State, prepared in + compliance with the resolution of the Senate of the 11th + instant, upon the subject of the depredations of the Mexicans + on the property of Messrs. Chouteau and Demun. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 15, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I communicate to the Senate a report from the Secretary of + State, with a copy of the correspondence requested by a + resolution of the 21st ultimo, relative to the northeastern + boundary of the United States. + </p> + <p> + At the last session of Congress I felt it my duty to decline + complying with a request made by the House of Representatives + for copies of this correspondence, feeling, as I did, that it + would be inexpedient to publish it while the negotiation was + pending; but as the negotiation was undertaken under the + special advice of the Senate, I deem it improper to withhold + the information which that body has requested, submitting to + them to decide whether it will be expedient to publish the + correspondence before the negotiation has been closed. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 23, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 18th + instant, I transmit a report<a href="#note-20">20</a> from + the Secretary of State, with the papers therewith presented. + Not having accurate and detailed information of the civil, + military, and political condition of Texas, I have deemed it + expedient to take the necessary measures, now in progress, to + procure it before deciding upon the course to be pursued in + relation to the newly declared government. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JUNE 28, 1836. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit to the House of Representatives a report from the + Secretary of War, conveying the information called for by the + House in its resolution of yesterday, concerning the Cherokee + treaty recently ratified. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 28, 1836</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + As it is probable that it may be proper to send a minister to + Paris prior to the next meeting of Congress, I nominate Lewis + Cass, now Secretary for the Department of War, to be envoy + extraordinary and minister plenipotentiary to France, not to + be commissioned until notice has been received here that the + Government of France has appointed a minister to the United + States who is about to set out for Washington. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 30, 1836</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + It becomes my painful duty to announce to you the melancholy + intelligence of the death of James Madison, ex-President of + the United States. He departed this life at half past 6 + o'clock on the morning of the 28th instant, full of years and + full of honors. + </p> + <p> + I hasten this communication in order that Congress may adopt + such measures as may be proper to testify their sense of the + respect which is due to the memory of one whose life has + contributed so essentially to the happiness and glory of his + country and the good of mankind. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I transmit to Congress copies of a treaty of peace, + friendship, navigation, and commerce between the United + States and the Republic of Venezuela, concluded on the 20th + of January, and the ratifications of which were exchanged at + Caracas on the 31st of May last. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + JUNE 30, 1836. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 30, 1836</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I return to the House of Representatives the papers which + accompanied their resolution of the 6th of May last, relative + to the claim of Don Juan Madrazo, together with a report of + the Secretary of State and copies of a correspondence between + him and the Attorney-General, showing the grounds upon which + that officer declines giving the opinion requested by the + resolution. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 1, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In answer to the resolution of the Senate of the 21st January + last, I transmit a report<a href="#note-21">21</a> of the + Secretary of War, containing the copies called for so far as + relates to his Department. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + VETO MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>June 9, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + The act of Congress "to appoint a day for the annual meeting + of Congress," which originated in the Senate, has not + received my signature. The power of Congress to fix by law a + day for the regular annual meeting of Congress is undoubted, + but the concluding part of this act, which is intended to fix + the adjournment of every succeeding Congress to the second + Monday in May after the commencement of the first session, + does not appear to me in accordance with the provisions of + the Constitution of the United States. + </p> + <p> + The Constitution provides, Article I, section 5, that— + </p> + <p class="q"> + Neither House, during the session of Congress, shall, without + the consent of the other, adjourn for more than three days, + nor to any other place than that in which the two Houses + shall be sitting. + </p> + <p> + Article I, section 7, that— + </p> + <p class="q"> + Every order, resolution, or vote to which the concurrence of + the Senate and House of Representatives may be necessary + (except on a question of adjournment) shall be presented to + the President of the United States, and before the same shall + take effect shall be approved by him. ... + </p> + <p> + Article II, section 3, that— + </p> + <p class="q"> + He [the President] may, on extraordinary occasions convene + both Houses, or either of them, and in case of disagreement + between them with respect to the time of adjournment he may + adjourn them to such time as he shall think proper. ... + </p> + <p> + According to these provisions the day of the adjournment of + Congress is not the subject of legislative enactment. Except + in the event of disagreement between the Senate and House of + Representatives, the President has no right to meddle with + the question, and in that event his power is exclusive, but + confined to fixing the adjournment of the Congress whose + branches have disagreed. The question of adjournment is + obviously to be decided by each Congress for itself, by the + separate action of each House for the time being, and is one + of those subjects upon which the framers of that instrument + did not intend one Congress should act, with or without the + Executive aid, for its successors. As a substitute for the + present rule, which requires the two Houses by consent to fix + the day of adjournment, and in the event of disagreement the + President to decide, it is proposed to fix a day by law to be + binding in all future time unless changed by consent of both + Houses of Congress, and to take away the contingent power of + the Executive which in anticipated cases of disagreement is + vested in him. This substitute is to apply, not to the + present Congress and Executive, but to our successors. + Considering, therefore, that this subject exclusively belongs + to the two Houses of Congress whose day of adjournment is to + be fixed, and that each has at that time the right to + maintain and insist upon its own opinion, and to require the + President to decide in the event of disagreement with the + other, I am constrained to deny my sanction to the act + herewith respectfully returned to the Senate. I do so with + greater reluctance as, apart from this constitutional + difficulty, the other provisions of it do not appear to me + objectionable. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + [From Statutes at Large (little, Brown & Co.), Vol. XI, + p. 782.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by an act of Congress of the United States of the + 24th of May, 1828, entitled "An act in addition to an act + entitled 'An act concerning discriminating duties of tonnage + and impost' and to equalize the duties on Prussian vessels + and their cargoes," it is provided that, upon satisfactory + evidence being given to the President of the United States by + the government of any foreign nation that no discriminating + duties of tonnage or impost are imposed or levied in the + ports of the said nation upon vessels wholly belonging to + citizens of the United States or upon the produce, + manufactures, or merchandise imported in the same from the + United States or from any foreign country, the President is + hereby authorized to issue his proclamation declaring that + the foreign discriminating duties of tonnage and impost + within the United States are and shall be suspended and + discontinued so far as respects the vessels of the said + foreign nation and the produce, manufactures, or merchandise + imported into the United States in the same from the said + foreign nation or from any other foreign country, the said + suspension to take effect from the time of such notification + being given to the President of the United States and to + continue so long as the reciprocal exemption of vessels + belonging to citizens of the United States and their cargoes, + as aforesaid, shall be continued, and no longer; and + </p> + <p> + Whereas satisfactory evidence has lately been received by me + from the Government of His Imperial and Royal Highness the + Grand Duke of Tuscany, through an official communication of + Baron Lederer, the consul-general of His Imperial and Royal + Highness in the United States, under date of the 6th day of + August, 1836, that no discriminating duties of tonnage or + impost are imposed or levied in the ports of Tuscany upon + vessels wholly belonging to citizens of the United States or + upon the produce, manufactures, or merchandise imported in + the same from the United States or from any foreign country: + </p> + <p> + Now, therefore, I, Andrew Jackson, President of the United + States of America, do hereby declare and proclaim that the + foreign discriminating duties of tonnage and impost within + the United States are and shall be suspended and discontinued + so far as respects the vessels of the Grand Dukedom of + Tuscany and the produce, manufactures, or merchandise + imported into the United States in the same from the said + Grand Dukedom or from any other foreign country, the said + suspension to take effect from the 6th day of August, 1836, + above mentioned, and to continue so long as the reciprocal + exemption of vessels belonging to citizens of the United + States and their cargoes, as aforesaid, shall be continued, + and no longer. Given under my hand, at the city of + Washington, the 1st day of September, A.D. 1836, and of the + Independence of the United States the sixty-first. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + <br> + By the President:<br> + JOHN FORSYTH,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + EXECUTIVE ORDER. + </h2> + <p class="r"> + HERMITAGE, <i>August 7, 1836</i>. + </p> + <p> + C.A. HARRIS, Esq.,<br> + <i>Acting Secretary of War</i>. + </p> + <p> + SIR: I reached home on the evening of the 4th, and was soon + surrounded with the papers and letters which had been sent + here in anticipation of my arrival. Amongst other important + matters which immediately engaged my attention was the + requisition of General Gaines on Tennessee, Kentucky, + Mississippi, and Louisiana. Believing that the reasons given + for this requisition were not consistent with the neutrality + which it is our duty to observe in respect to the contest in + Texas, and that it would embarrass the apportionment which + had been made of the 10,000 volunteers authorized by the + recent act of Congress, I informed Governor Cannon by letter + on the 5th instant that it could not receive my sanction. The + volunteers authorized by Congress were thought competent, + with the aid of the regular force, to terminate the Indian + war in the South and protect our western frontier, and they + were apportioned in a manner the best calculated to secure + these objects. Agreeably to this apportionment, the + volunteers raised in Arkansas and Missouri, and ordered to be + held in readiness for the defense of the western frontier, + should have been called on before any other requisition was + made upon Tennessee, who has already more than her proportion + in the field. Should an emergency hereafter arise making it + necessary to have a greater force on that frontier than was + anticipated when the apportionment was made, it will be easy + to order the east Tennessee brigade there. All the volunteers + under the act are engaged for one year's service, unless + sooner discharged. Taking this view of the subject, I regret + that as soon as the War Department had information of the + requisition made by General Gaines it had not at once + notified the governors of the States that the apportionment + of the volunteers at first communicated to them would not be + departed from, and that of course those in the States nearest + to the scene of threatened hostility would be first called + on. + </p> + <p> + I had written thus far when your letter of the 26th of July + last, accompanied by one from General Wool of the 15th of + July and one from General Towsen of the 25th of July last, + was handed to me. The letter from General Wool was + unexpected. His guide was the requisition on the State, and I + can not well imagine how he could suppose that the Department + would authorize a greater number of troops to be mustered and + paid than he was specially directed to receive. He was + apprised fully of the apportionment which had been made of + the 10,000 volunteers, and of the considerations which + induced us to require 1,000 from Florida, 2,000 from Georgia, + 2,000 from Alabama, and 2,500 from Tennessee. This force was + designated in this manner because it was in the country + nearest to the Seminoles, Creeks, and Cherokees, and in like + manner near the force designated for the western frontier, + except a fraction of about 430 men to be hereafter selected + when it should be ascertained where it would be most needed. + It is therefore unaccountable to me why General Wool would + receive and muster into the service a greater number than has + been called for and placed under his command, particularly as + he knew that Tennessee had already been called upon for more + volunteers than her proportion in the general apportionment. + He knows that the President can only execute the law, and he + ought to have recollected that if the officers charged with + the military operations contemplated by the law were to use + their own discretion in fixing the number of men to be + received and mustered into the service there could be no + certainty in the amount of force which would be brought into + the field. His guide was the requisition upon Tennessee for + 2,500, and he should never have departed from it. + </p> + <p> + The brave men whose patriotism brought them into the field + ought to be paid, but I seriously doubt whether any of the + money now appropriated can be used for this purpose, as all + the volunteers authorized by the act of Congress have been + apportioned, and the appropriations should be first + applicable to their payment if they should be ordered into + the field. All that we can do is to bring the subject before + the next Congress, which I trust will pass an act authorizing + the payment. Those men obeyed the summons of their country, + and ought not to suffer for the indiscretion of those who + caused more of them to turn out than could be received into + the service. The excess would have been avoided had the + governor of Tennessee apportioned his requisition to each + county or regiment, so as to make the proper number. This, + however, can now only be regretted. I can not approve the + mustering or reception into the service of the excess further + than it may have been done to secure them hereafter the + justice which it will be in the power of Congress to extend + to them. They ought to be paid for their travel and expense + to, at, and from the place of rendezvous, and Congress will + doubtless pass the necessary law. Their promptness in + tendering their services and equipping themselves for the + field is a high evidence of patriotism, and the thanks of + their country. + </p> + <p> + I shall inclose a copy of this letter to General Wool, and + write to the governors of Kentucky, Mississippi, and + Louisiana to withhold for the present the quota called for + under General Gaines's requisition, and if they are + concentrated to muster and discharge them and wait for + further orders. + </p> + <p> + I am, yours, respectfully, + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + EIGHTH ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 5, 1836</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and House of + Representatives</i>: + </p> + <p> + Addressing to you the last annual message I shall ever + present to the Congress of the United States, it is a source + of the most heartfelt satisfaction to be able to congratulate + you on the high state of prosperity which our beloved country + has attained. With no causes at home or abroad to lessen the + confidence with which we look to the future for continuing + proofs of the capacity of our free institutions to produce + all the fruits of good government, the general condition of + our affairs may well excite our national pride. + </p> + <p> + I can not avoid congratulating you, and my country + particularly, on the success of the efforts made during my + Administration by the Executive and Legislature, in + conformity with the sincere, constant, and earnest desire of + the people, to maintain peace and establish cordial relations + with all foreign powers. Our gratitude is due to the Supreme + Ruler of the Universe, and I invite you to unite with me in + offering to Him fervent supplications that His providential + care may ever be extended to those who follow us, enabling + them to avoid the dangers and the horrors of war consistently + with a just and indispensable regard to the rights and honor + of our country. But although the present state of our foreign + affairs, standing, without important change, as they did when + you separated in July last, is flattering in the extreme, I + regret to say that many questions of an interesting + character, at issue with other powers, are yet unadjusted. + Amongst the most prominent of these is that of our + northeastern boundary. With an undiminished confidence in the + sincere desire of His Britannic Majesty's Government to + adjust that question, I am not yet in possession of the + precise grounds upon which it proposes a satisfactory + adjustment. + </p> + <p> + With France our diplomatic relations have been resumed, and + under circumstances which attest the disposition of both + Governments to preserve a mutually beneficial intercourse and + foster those amicable feelings which are so strongly required + by the true interests of the two countries. With Russia, + Austria, Prussia, Naples, Sweden, and Denmark the best + understanding exists, and our commercial intercourse is + gradually expanding itself with them. It is encouraged in all + these countries, except Naples, by their mutually + advantageous and liberal treaty stipulations with us. + </p> + <p> + The claims of our citizens on Portugal are admitted to be + just, but provision for the payment of them has been + unfortunately delayed by frequent political changes in that + Kingdom. + </p> + <p> + The blessings of peace have not been secured by Spain. Our + connections with that country are on the best footing, with + the exception of the burdens still imposed upon our commerce + with her possessions out of Europe. + </p> + <p> + The claims of American citizens for losses sustained at the + bombardment of Antwerp have been presented to the Governments + of Holland and Belgium, and will be pressed, in due season, + to settlement. + </p> + <p> + With Brazil and all our neighbors of this continent we + continue to maintain relations of amity and concord, + extending our commerce with them as far as the resources of + the people and the policy of their Governments will permit. + The just and long-standing claims of our citizens upon some + of them are yet sources of dissatisfaction and complaint. No + danger is apprehended, however, that they will not be + peacefully, although tardily, acknowledged and paid by all, + unless the irritating effect of her struggle with Texas + should unfortunately make our immediate neighbor, Mexico, an + exception. + </p> + <p> + It is already known to you, by the correspondence between the + two Governments communicated at your last session, that our + conduct in relation to that struggle is regulated by the same + principles that governed us in the dispute between Spain and + Mexico herself, and I trust that it will be found on the most + severe scrutiny that our acts have strictly corresponded with + our professions. That the inhabitants of the United States + should feel strong prepossessions for the one party is not + surprising. But this circumstance should of itself teach us + great caution, lest it lead us into the great error of + suffering public policy to be regulated by partiality or + prejudice; and there are considerations connected with the + possible result of this contest between the two parties of so + much delicacy and importance to the United States that our + character requires that we should neither anticipate events + nor attempt to control them. The known desire of the Texans + to become a part of our system, although its gratification + depends upon the reconcilement of various and conflicting + interests, necessarily a work of time and uncertain in + itself, is calculated to expose our conduct to + misconstruction in the eyes of the world. There are already + those who, indifferent to principle themselves and prone to + suspect the want of it in others, charge us with ambitious + designs and insidious policy. You will perceive by the + accompanying documents that the extraordinary mission from + Mexico has been terminated on the sole ground that the + obligations of this Government to itself and to Mexico, under + treaty stipulations, have compelled me to trust a + discretionary authority to a high officer of our Army to + advance into territory claimed as part of Texas if necessary + to protect our own or the neighboring frontier from Indian + depredation. In the opinion of the Mexican functionary who + has just left us, the honor of his country will be wounded by + American soldiers entering, with the most amicable avowed + purposes, upon ground from which the followers of his + Government have been expelled, and over which there is at + present no certainty of a serious effort on its part being + made to reestablish its dominion. The departure of this + minister was the more singular as he was apprised that the + sufficiency of the causes assigned for the advance of our + troops by the commanding general had been seriously doubted + by me, and there was every reason to suppose that the troops + of the United States, their commander having had time to + ascertain the truth or falsehood of the information upon + which they had been marched to Nacogdoches, would be either + there in perfect accordance with the principles admitted to + be just in his conference with the Secretary of State by the + Mexican minister himself, or were already withdrawn in + consequence of the impressive warnings their commanding + officer had received from the Department of War. It is hoped + and believed that his Government will take a more + dispassionate and just view of this subject, and not be + disposed to construe a measure of justifiable precaution, + made necessary by its known inability in execution of the + stipulations of our treaty to act upon the frontier, into an + encroachment upon its rights or a stain upon its honor. + </p> + <p> + In the meantime the ancient complaints of injustice made on + behalf of our citizens are disregarded, and new causes of + dissatisfaction have arisen, some of them of a character + requiring prompt remonstrance and ample and immediate + redress. I trust, however, by tempering firmness with + courtesy and acting with great forbearance upon every + incident that has occurred or that may happen, to do and to + obtain justice, and thus avoid the necessity of again + bringing this subject to the view of Congress. + </p> + <p> + It is my duty to remind you that no provision has been made + to execute our treaty with Mexico for tracing the boundary + line between the two countries. Whatever may be the prospect + of Mexico's being soon able to execute the treaty on its + part, it is proper that we should be in anticipation prepared + at all times to perform our obligations, without regard to + the probable condition of those with whom we have contracted + them. + </p> + <p> + The result of the confidential inquiries made into the + condition and prospects of the newly declared Texan + Government will be communicated to you in the course of the + session. + </p> + <p> + Commercial treaties promising great advantages to our + enterprising merchants and navigators have been formed with + the distant Governments of Muscat and Siam. The ratifications + have been exchanged, but have not reached the Department of + State. Copies of the treaties will be transmitted to you if + received before, or published if arriving after, the close of + the present session of Congress. + </p> + <p> + Nothing has occurred to interrupt the good understanding that + has long existed with the Barbary Powers, nor to check the + good will which is gradually growing up from our intercourse + with the dominions of the Government of the distinguished + chief of the Ottoman Empire. + </p> + <p> + Information has been received at the Department of State that + a treaty with the Emperor of Morocco has just been + negotiated, which, I hope, will be received in time to be + laid before the Senate previous to the close of the session. + </p> + <p> + You will perceive from the report of the Secretary of the + Treasury that the financial means of the country continue to + keep pace with its improvement in all other respects. The + receipts into the Treasury during the present year will + amount to about $47,691,898; those from customs being + estimated at $22,523,151, those from lands at about + $24,000,000, and the residue from miscellaneous sources. The + expenditures for all objects during the year are estimated + not to exceed $32,000,000, which will leave a balance in the + Treasury for public purposes on the 1st day of January next + of about $41,723,959. This sum, with the exception of + $5,000,000, will be transferred to the several States in + accordance with the provisions of the act regulating the + deposits of the public money. + </p> + <p> + The unexpended balances of appropriation on the 1st day of + January next are estimated at $14,636,062, exceeding by + $9,636,062 the amount which will be left in the deposit + banks, subject to the draft of the Treasurer of the United + States, after the contemplated transfers to the several + States are made. If, therefore, the future receipts should + not be sufficient to meet these outstanding and future + appropriations, there may be soon a necessity to use a + portion of the funds deposited with the States. + </p> + <p> + The consequences apprehended when the deposit act of the last + session received a reluctant approval have been measurably + realized. Though an act merely for the deposit of the surplus + moneys of the United States in the State treasuries for + safe-keeping until they may be wanted for the service of the + General Government, it has been extensively spoken of as an + act to give the money to the several States, and they have + been advised to use it as a gift, without regard to the means + of refunding it when called for. Such a suggestion has + doubtless been made without a due consideration of the + obligations of the deposit act, and without a proper + attention to the various principles and interests which are + affected by it. It is manifest that the law itself can not + sanction such a suggestion, and that as it now stands the + States have no more authority to receive and use these + deposits without intending to return them than any deposit + bank or any individual temporarily charged with the + safe-keeping or application of the public money would now + have for converting the same to their private use without the + consent and against the will of the Government. But + independently of the violation of public faith and moral + obligation which are involved in this suggestion when + examined in reference to the terms of the present deposit + act, it is believed that the considerations which should + govern the future legislation of Congress on this subject + will be equally conclusive against the adoption of any + measure recognizing the principles on which the suggestion + has been made. + </p> + <p> + Considering the intimate connection of the subject with the + financial interests of the country and its great importance + in whatever aspect it can be viewed, I have bestowed upon it + the most anxious reflection, and feel it to be my duty to + state to Congress such thoughts as have occurred to me, to + aid their deliberation in treating it in the manner best + calculated to conduce to the common good. + </p> + <p> + The experience of other nations admonished us to hasten the + extinguishment of the public debt; but it will be in vain + that we have congratulated each other upon the disappearance + of this evil if we do not guard against the equally great one + of promoting the unnecessary accumulation of public revenue. + No political maxim is better established than that which + tells us that an improvident expenditure of money is the + parent of profligacy, and that no people can hope to + perpetuate their liberties who long acquiesce in a policy + which taxes them for objects not necessary to the legitimate + and real wants of their Government. Flattering as is the + condition of our country at the present period, because of + its unexampled advance in all the steps of social and + political improvement, it can not be disguised that there is + a lurking danger already apparent in the neglect of this + warning truth, and that the time has arrived when the + representatives of the people should be employed in devising + some more appropriate remedy than now exists to avert it. + </p> + <p> + Under our present revenue system there is every probability + that there will continue to be a surplus beyond the wants of + the Government, and it has become our duty to decide whether + such a result be consistent with the true objects of our + Government. + </p> + <p> + Should a surplus be permitted to accumulate beyond the + appropriations, it must be retained in the Treasury, as it + now is, or distributed among the people or the States. + </p> + <p> + To retain it in the Treasury unemployed in any way is + impracticable; it is, besides, against the genius of our free + institutions to lock up in vaults the treasure of the nation. + To take from the people the right of bearing arms and put + their weapons of defense in the hands of a standing army + would be scarcely more dangerous to their liberties than to + permit the Government to accumulate immense amounts of + treasure beyond the supplies necessary to its legitimate + wants. Such a treasure would doubtless be employed at some + time, as it has been in other countries, when opportunity + tempted ambition. + </p> + <p> + To collect it merely for distribution to the States would + seem to be highly impolitic, if not as dangerous as the + proposition to retain it in the Treasury. The shortest + reflection must satisfy everyone that to require the people + to pay taxes to the Government merely that they may be paid + back again is sporting with the substantial interests of the + country, and no system which produces such a result can be + expected to receive the public countenance. Nothing could be + gained by it even if each individual who contributed a + portion of the tax could receive back promptly the same + portion. But it is apparent that no system of the kind can + ever be enforced which will not absorb a considerable portion + of the money to be distributed in salaries and commissions to + the agents employed in the process and in the various losses + and depreciations which arise from other causes, and the + practical effect of such an attempt must ever be to burden + the people with taxes, not for purposes beneficial to them, + but to swell the profits of deposit banks and support a band + of useless public officers. + </p> + <p> + A distribution to the people is impracticable and unjust in + other respects. It would be taking one man's property and + giving it to another. Such would be the unavoidable result of + a rule of equality (and none other is spoken of or would be + likely to be adopted), inasmuch as there is no mode by which + the amount of the individual contributions of our citizens to + the public revenue can be ascertained. We know that they + contribute <i>unequally</i>, and a rule, therefore, that + would distribute to them <i>equally</i> would be liable to + all the objections which apply to the principle of an equal + division of property. To make the General Government the + instrument of carrying this odious principle into effect + would be at once to destroy the means of its usefulness and + change the character designed for it by the framers of the + Constitution. + </p> + <p> + But the more extended and injurious consequences likely to + result from a policy which would collect a surplus revenue + for the purpose of distributing it may be forcibly + illustrated by an examination of the effects already produced + by the present deposit act. This act, although certainly + designed to secure the safe-keeping of the public revenue, is + not entirely free in its tendencies from any of the + objections which apply to this principle of distribution. The + Government had without necessity received from the people a + large surplus, which, instead of being employed as heretofore + and returned to them by means of the public expenditure, was + deposited with sundry banks. The banks proceeded to make + loans upon this surplus, and thus converted it into banking + capital, and in this manner it has tended to multiply bank + charters and has had a great agency in producing a spirit of + wild speculation. The possession and use of the property out + of which this surplus was created belonged to the people, but + the Government has transferred its possession to incorporated + banks, whose interest and effort it is to make large profits + out of its use. This process need only be stated to show its + injustice and bad policy. + </p> + <p> + And the same observations apply to the influence which is + produced by the steps necessary to collect as well as to + distribute such a revenue. About three-fifths of all the + duties on imports are paid in the city of New York, but it is + obvious that the means to pay those duties are drawn from + every quarter of the Union. Every citizen in every State who + purchases and consumes an article which has paid a duty at + that port contributes to the accumulating mass. The surplus + collected there must therefore be made up of moneys or + property withdrawn from other points and other States. Thus + the wealth and business of every region from which these + surplus funds proceed must be to some extent injured, while + that of the place where the funds are concentrated and are + employed in banking are proportionably extended. But both in + making the transfer of the funds which are first necessary to + pay the duties and collect the surplus and in making the + retransfer which becomes necessary when the time arrives for + the distribution of that surplus there is a considerable + period when the funds can not be brought into use, and it is + manifest that, besides the loss inevitable from such an + operation, its tendency is to produce fluctuations in the + business of the country, which are always productive of + speculation and detrimental to the interests of regular + trade. Argument can scarcely be necessary to show that a + measure of this character ought not to receive further + legislative encouragement. + </p> + <p> + By examining the practical operation of the ratio for + distribution adopted in the deposit bill of the last session + we shall discover other features that appear equally + objectionable. Let it be assumed, for the sake of argument, + that the surplus moneys to be deposited with the States have + been collected and belong to them in the ratio of their + federal representative population—an assumption founded + upon the fact that any deficiencies in our future revenue + from imposts and public lands must be made up by direct taxes + collected from the States in that ratio. It is proposed to + distribute this surplus—say $30,000,000—not + according to the ratio in which it has been collected and + belongs to the people of the States, but in that of their + votes in the colleges of electors of President and + Vice-President. The effect of a distribution upon that ratio + is shown by the annexed table, marked A. + </p> + <p> + By an examination of that table it will be perceived that in + the distribution of a surplus of $30,000,000 upon that basis + there is a great departure from the principle which regards + representation as the true measure of taxation, and it will + be found that the tendency of that departure will be to + increase whatever inequalities have been supposed to attend + the operation of our federal system in respect to its + bearings upon the different interests of the Union. In making + the basis of representation the basis of taxation the framers + of the Constitution intended to equalize the burdens which + are necessary to support the Government, and the adoption of + that ratio, while it accomplished this object, was also the + means of adjusting other great topics arising out of the + conflicting views respecting the political equality of the + various members of the Confederacy. Whatever, therefore, + disturbs the liberal spirit of the compromises which + established a rule of taxation so just and equitable, and + which experience has proved to be so well adapted to the + genius and habits of our people, should be received with the + greatest caution and distrust. + </p> + <p> + A bare inspection in the annexed table of the differences + produced by the ratio used in the deposit act compared with + the results of a distribution according to the ratio of + direct taxation must satisfy every unprejudiced mind that the + former ratio contravenes the spirit of the Constitution and + produces a degree of injustice in the operations of the + Federal Government which would be fatal to the hope of + perpetuating it. By the ratio of direct taxation, for + example, the State of Delaware in the collection of + $30,000,000 of revenue would pay into the Treasury $188,716, + and in a distribution of $30,000,000 she would receive back + from the Government, according to the ratio of the deposit + bill, the sum of $306,122; and similar results would follow + the comparison between the small and the large States + throughout the Union, thus realizing to the small States an + advantage which would be doubtless as unacceptable to them as + a motive for incorporating the principle in any system which + would produce it as it would be inconsistent with the rights + and expectations of the large States. It was certainly the + intention of that provision of the Constitution which + declares that "all duties, imposts, and excises" shall "be + uniform throughout the United States" to make the burdens of + taxation fall equally upon the people in whatever State of + the Union they may reside. But what would be the value of + such a uniform rule if the moneys raised by it could be + immediately returned by a different one which will give to + the people of some States much more and to those of others + much less than their fair proportions? Were the Federal + Government to exempt in express terms the imports, products, + and manufactures of some portions of the country from all + duties while it imposed heavy ones on others, the injustice + could not be greater. It would be easy to show how by the + operation of such a principle the large States of the Union + would not only have to contribute their just share toward the + support of the Federal Government, but also have to bear in + some degree the taxes necessary to support the governments of + their smaller sisters; but it is deemed unnecessary to state + the details where the general principle is so obvious. + </p> + <p> + A system liable to such objections can never be supposed to + have been sanctioned by the framers of the Constitution when + they conferred on Congress the taxing power, and I feel + persuaded that a mature examination of the subject will + satisfy everyone that there are insurmountable difficulties + in the operation of any plan which can be devised of + collecting revenue for the purpose of distributing it. + Congress is only authorized to levy taxes "<i>to pay the + debts and provide for the common defense and general welfare + of the United States</i>." There is no such provision as + would authorize Congress to collect together the property of + the country, under the name of revenue, for the purpose of + dividing it equally or unequally among the States or the + people. Indeed, it is not probable that such an idea ever + occurred to the States when they adopted the Constitution. + But however this may be, the only safe rule for us in + interpreting the powers granted to the Federal Government is + to regard the absence of express authority to touch a subject + so important and delicate as this is as equivalent to a + prohibition. + </p> + <p> + Even if our powers were less doubtful in this respect as the + Constitution now stands, there are considerations afforded by + recent experience which would seem to make it our duty to + avoid a resort to such a system. + </p> + <p> + All will admit that the simplicity and economy of the State + governments mainly depend on the fact that money has to be + supplied to support them by the same men, or their agents, + who vote it away in appropriations. Hence when there are + extravagant and wasteful appropriations there must be a + corresponding increase of taxes, and the people, becoming + awakened, will necessarily scrutinize the character of + measures which thus increase their burdens. By the watchful + eye of self-interest the agents of the people in the State + governments are repressed and kept within the limits of a + just economy. But if the necessity of levying the taxes be + taken from those who make the appropriations and thrown upon + a more distant and less responsible set of public agents, who + have power to approach the people by an indirect and stealthy + taxation, there is reason to fear that prodigality will soon + supersede those characteristics which have thus far made us + look with so much pride and confidence to the State + governments as the mainstay of our Union and liberties. The + State legislatures, instead of studying to restrict their + State expenditures to the smallest possible sum, will claim + credit for their profusion, and harass the General Government + for increased supplies. Practically there would soon be but + one taxing power, and that vested in a body of men far + removed from the people, in which the farming and mechanic + interests would scarcely be represented. The States would + gradually lose their purity as well as their independence; + they would not dare to murmur at the proceedings of the + General Government, lest they should lose their supplies; all + would be merged in a practical consolidation, cemented by + widespread corruption, which could only be eradicated by one + of those bloody revolutions which occasionally overthrow the + despotic systems of the Old World. In all the other aspects + in which I have been able to look at the effect of such a + principle of distribution upon the best interests of the + country I can see nothing to compensate for the disadvantages + to which I have adverted. If we consider the protective + duties, which are in a great degree the source of the surplus + revenue, beneficial to one section of the Union and + prejudicial to another, there is no corrective for the evil + in such a plan of distribution. On the contrary, there is + reason to fear that all the complaints which have sprung from + this cause would be aggravated. Everyone must be sensible + that a distribution of the surplus must beget a disposition + to cherish the means which create it, and any system, + therefore, into which it enters must have a powerful tendency + to increase rather than diminish the tariff. If it were even + admitted that the advantages of such a system could be made + equal to all the sections of the Union, the reasons already + so urgently calling for a reduction of the revenue would + nevertheless lose none of their force, for it will always be + improbable that an intelligent and virtuous community can + consent to raise a surplus for the mere purpose of dividing + it, diminished as it must inevitably be by the expenses of + the various machinery necessary to the process. + </p> + <p> + The safest and simplest mode of obviating all the + difficulties which have been mentioned is to collect only + revenue enough to meet the wants of the Government, and let + the people keep the balance of their property in their own + hands, to be used for their own profit. Each State will then + support its own government and contribute its due share + toward the support of the General Government. There would be + no surplus to cramp and lessen the resources of individual + wealth and enterprise, and the banks would be left to their + ordinary means. Whatever agitations and fluctuations might + arise from our unfortunate paper system, they could never be + attributed, justly or unjustly, to the action of the Federal + Government. There would be some guaranty that the spirit of + wild speculation which seeks to convert the surplus revenue + into banking capital would be effectually checked, and that + the scenes of demoralization which are now so prevalent + through the land would disappear. + </p> + <p> + Without desiring to conceal that the experience and + observation of the last two years have operated a partial + change in my views upon this interesting subject, it is + nevertheless regretted that the suggestions made by me in my + annual messages of 1829 and 1830 have been greatly + misunderstood. At that time the great struggle was begun + against that latitudinarian construction of the Constitution + which authorizes the unlimited appropriation of the revenues + of the Union to internal improvements within the States, + tending to invest in the hands and place under the control of + the General Government all the principal roads and canals of + the country, in violation of State rights and in derogation + of State authority. At the same time the condition of the + manufacturing interest was such as to create an apprehension + that the duties on imports could not without extensive + mischief be reduced in season to prevent the accumulation of + a considerable surplus after the payment of the national + debt. In view of the dangers of such a surplus, and in + preference to its application to internal improvements in + derogation of the rights and powers of the States, the + suggestion of an amendment of the Constitution to authorize + its distribution was made. It was an alternative for what + were deemed greater evils—a temporary resort to relieve + an overburdened treasury until the Government could, without + a sudden and destructive revulsion in the business of the + country, gradually return to the just principle of raising no + more revenue from the people in taxes than is necessary for + its economical support. Even that alternative was not spoken + of but in connection with an amendment of the Constitution. + No temporary inconvenience can justify the exercise of a + prohibited power or a power not granted by that instrument, + and it was from a conviction that the power to distribute + even a temporary surplus of revenue is of that character that + it was suggested only in connection with an appeal to the + source of all legal power in the General Government, the + States which have established it. No such appeal has been + taken, and in my opinion a distribution of the surplus + revenue by Congress either to the States or the people is to + be considered as among the prohibitions of the Constitution. + As already intimated, my views have undergone a change so far + as to be convinced that no alteration of the Constitution in + this respect is wise or expedient. The influence of an + accumulating surplus upon the legislation of the General + Government and the States, its effect upon the credit system + of the country, producing dangerous extensions and ruinous + contractions, fluctuations in the price of property, rash + speculation, idleness, extravagance, and a deterioration of + morals, have taught us the important lesson that any + transient mischief which may attend the reduction of our + revenue to the wants of our Government is to be borne in + preference to an overflowing treasury. + </p> + <p> + I beg leave to call your attention to another subject + intimately associated with the preceding one—the + currency of the country. + </p> + <p> + It is apparent from the whole context of the Constitution, as + well as the history of the times which gave birth to it, that + it was the purpose of the Convention to establish a currency + consisting of the precious metals. These, from their peculiar + properties which rendered them the standard of value in all + other countries, were adopted in this as well to establish + its commercial standard in reference to foreign countries by + a permanent rule as to exclude the use of a mutable medium of + exchange, such as of certain agricultural commodities + recognized by the statutes of some States as a tender for + debts, or the still more pernicious expedient of a paper + currency. The last, from the experience of the evils of the + issues of paper during the Revolution, had become so justly + obnoxious as not only to suggest the clause in the + Constitution forbidding the emission of bills of credit by + the States, but also to produce that vote in the Convention + which negatived the proposition to grant power to Congress to + charter corporations—a proposition well understood at + the time as intended to authorize the establishment of a + national bank, which was to issue a currency of bank notes on + a capital to be created to some extent out of Government + stocks. Although this proposition was refused by a direct + vote of the Convention, the object was afterwards in effect + obtained by its ingenious advocates through a strained + construction of the Constitution. The debts of the Revolution + were funded at prices which formed no equivalent compared + with the nominal amount of the stock, and under circumstances + which exposed the motives of some of those who participated + in the passage of the act to distrust. + </p> + <p> + The facts that the value of the stock was greatly enhanced by + the creation of the bank, that it was well understood that + such would be the case, and that some of the advocates of the + measure were largely benefited by it belong to the history of + the times, and are well calculated to diminish the respect + which might otherwise have been due to the action of the + Congress which created the institution. + </p> + <p> + On the establishment of a national bank it became the + interest of its creditors that gold should be superseded by + the paper of the bank as a general currency. A value was soon + attached to the gold coins which made their exportation to + foreign countries as a mercantile commodity more profitable + than their retention and use at home as money. It followed as + a matter of course, if not designed by those who established + the bank, that the bank became in effect a substitute for the + Mint of the United States. + </p> + <p> + Such was the origin of a national-bank currency, and such the + beginning of those difficulties which now appear in the + excessive issues of the banks incorporated by the various + States. + </p> + <p> + Although it may not be possible by any legislative means + within our power to change at once the system which has thus + been introduced, and has received the acquiescence of all + portions of the country, it is certainly our duty to do all + that is consistent with our constitutional obligations in + preventing the mischiefs which are threatened by its undue + extension. That the efforts of the fathers of our Government + to guard against it by a constitutional provision were + founded on an intimate knowledge of the subject has been + frequently attested by the bitter experience of the country. + The same causes which led them to refuse their sanction to a + power authorizing the establishment of incorporations for + banking purposes now exist in a much stronger degree to urge + us to exert the utmost vigilance in calling into action the + means necessary to correct the evils resulting from the + unfortunate exercise of the power, and it is to be hoped that + the opportunity for effecting this great good will be + improved before the country witnesses new scenes of + embarrassment and distress. + </p> + <p> + Variableness must ever be the characteristic of a currency of + which the precious metals are not the chief ingredient, or + which can be expanded or contracted without regard to the + principles that regulate the value of those metals as a + standard in the general trade of the world. With us bank + issues constitute such a currency, and must ever do so until + they are made dependent on those just proportions of gold and + silver as a circulating medium which experience has proved to + be necessary not only in this but in all other commercial + countries. Where those proportions are not infused into the + circulation and do not control it, it is manifest that prices + must vary according to the tide of bank issues, and the value + and stability of property must stand exposed to all the + uncertainty which attends the administration of institutions + that are constantly liable to the temptation of an interest + distinct from that of the community in which they are + established. + </p> + <p> + The progress of an expansion, or rather a depreciation, of + the currency by excessive bank issues is always attended by a + loss to the laboring classes. This portion of the community + have neither time nor opportunity to watch the ebbs and flows + of the money market. Engaged from day to day in their useful + toils, they do not perceive that although their wages are + nominally the same, or even somewhat higher, they are greatly + reduced in fact by the rapid increase of a spurious currency, + which, as it appears to make money abound, they are at first + inclined to consider a blessing. It is not so with the + speculator, by whom this operation is better understood, and + is made to contribute to his advantage. It is not until the + prices of the necessaries of life become so dear that the + laboring classes can not supply their wants out of their + wages that the wages rise and gradually reach a justly + proportioned rate to that of the products of their labor. + When thus, by the depreciation in consequence of the quantity + of paper in circulation, wages as well as prices become + exorbitant, it is soon found that the whole effect of the + adulteration is a tariff on our home industry for the benefit + of the countries where gold and silver circulate and maintain + uniformity and moderation in prices. It is then perceived + that the enhancement of the price of land and labor produces + a corresponding increase in the price of products until these + products do not sustain a competition with similar ones in + other countries, and thus both manufactured and agricultural + productions cease to bear exportation from the country of the + spurious currency, because they can not be sold for cost. + This is the process by which specie is banished by the paper + of the banks. Their vaults are soon exhausted to pay for + foreign commodities. The next step is a stoppage of specie + payment—a total degradation of paper as a + currency—unusual depression of prices, the ruin of + debtors, and the accumulation of property in the hands of + creditors and cautious capitalists. + </p> + <p> + It was in view of these evils, together with the dangerous + power wielded by the Bank of the United States and its + repugnance to our Constitution, that I was induced to exert + the power conferred upon me by the American people to prevent + the continuance of that institution. But although various + dangers to our republican institutions have been obviated by + the failure of that bank to extort from the Government a + renewal of its charter, it is obvious that little has been + accomplished except a salutary change of public opinion + toward restoring to the country the sound currency provided + for in the Constitution. In the acts of several of the States + prohibiting the circulation of small notes, and the auxiliary + enactments of Congress at the last session forbidding their + reception or payment on public account, the true policy of + the country has been advanced and a larger portion of the + precious metals infused into our circulating medium. These + measures will probably be followed up in due time by the + enactment of State laws banishing from circulation bank notes + of still higher denominations, and the object may be + materially promoted by further acts of Congress forbidding + the employment as fiscal agents of such banks as continue to + issue notes of low denominations and throw impediments in the + way of the circulation of gold and silver. + </p> + <p> + The effects of an extension of bank credits and overissues of + bank paper have been strikingly illustrated in the sales of + the public lands. From the returns made by the various + registers and receivers in the early part of last summer it + was perceived that the receipts arising from the sales of the + public lands were increasing to an unprecedented amount. In + effect, however, these receipts amounted to nothing more than + credits in bank. The banks lent out their notes to + speculators. They were paid to the receivers and immediately + returned to the banks, to be lent out again and again, being + mere instruments to transfer to speculators the most valuable + public land and pay the Government by a credit on the books + of the banks. Those credits on the books of some of the + Western banks, usually called deposits, were already greatly + beyond their immediate means of payment, and were rapidly + increasing. Indeed, each speculation furnished means for + another; for no sooner had one individual or company paid in + the notes than they were immediately lent to another for a + like purpose, and the banks were extending their business and + their issues so largely as to alarm considerate men and + render it doubtful whether these bank credits if permitted to + accumulate would ultimately be of the least value to the + Government. The spirit of expansion and speculation was not + confined to the deposit banks, but pervaded the whole + multitude of banks throughout the Union and was giving rise + to new institutions to aggravate the evil. + </p> + <p> + The safety of the public funds and the interest of the people + generally required that these operations should be checked; + and it became the duty of every branch of the General and + State Governments to adopt all legitimate and proper means to + produce that salutary effect. Under this view of my duty I + directed the issuing of the order which will be laid before + you by the Secretary of the Treasury, requiring payment for + the public lands sold to be made in specie, with an exception + until the 15th of the present month in favor of actual + settlers. This measure has produced many salutary + consequences. It checked the career of the Western banks and + gave them additional strength in anticipation of the pressure + which has since pervaded our Eastern as well as the European + commercial cities. By preventing the extension of the credit + system it measurably cut off the means of speculation and + retarded its progress in monopolizing the most valuable of + the public lands. It has tended to save the new States from a + nonresident proprietorship, one of the greatest obstacles to + the advancement of a new country and the prosperity of an old + one. It has tended to keep open the public lands for entry by + emigrants at Government prices instead of their being + compelled to purchase of speculators at double or triple + prices. And it is conveying into the interior large sums in + silver and gold, there to enter permanently into the currency + of the country and place it on a firmer foundation. It is + confidently believed that the country will find in the + motives which induced that order and the happy consequences + which will have ensued much to commend and nothing to + condemn. + </p> + <p> + It remains for Congress if they approve the policy which + dictated this order to follow it up in its various bearings. + Much good, in my judgment, would be produced by prohibiting + sales of the public lands except to actual settlers at a + reasonable reduction of price, and to limit the quantity + which shall be sold to them. Although it is believed the + General Government never ought to receive anything but the + constitutional currency in exchange for the public lands, + that point would be of less importance if the lands were sold + for immediate settlement and cultivation. Indeed, there is + scarcely a mischief arising out of our present land system, + including the accumulating surplus of revenues, which would + not be remedied at once by a restriction on land sales to + actual settlers; and it promises other advantages to the + country in general and to the new States in particular which + can not fail to receive the most profound consideration of + Congress. + </p> + <p> + Experience continues to realize the expectations entertained + as to the capacity of the State banks to perform the duties + of fiscal agents for the Government at the time of the + removal of the deposits. It was alleged by the advocates of + the Bank of the United States that the State banks, whatever + might be the regulations of the Treasury Department, could + not make the transfers required by the Government or + negotiate the domestic exchanges of the country. It is now + well ascertained that the real domestic exchanges performed + through discounts by the United States Bank and its + twenty-five branches were at least one-third less than those + of the deposit banks for an equal period of time; and if a + comparison be instituted between the amounts of service + rendered by these institutions on the broader basis which has + been used by the advocates of the United States Bank in + estimating what they consider the domestic exchanges + transacted by it, the result will be still more favorable to + the deposit banks. + </p> + <p> + The whole amount of public money transferred by the Bank of + the United States in 1832 was $16,000,000. The amount + transferred and actually paid by the deposit banks in the + year ending the 1st of October last was $39,319,899; the + amount transferred and paid between that period and the 6th + of November was $5,399,000, and the amount of transfer + warrants outstanding on that day was $14,450,000, making an + aggregate of $59,168,894. These enormous sums of money first + mentioned have been transferred with the greatest promptitude + and regularity, and the rates at which the exchanges have + been negotiated previously to the passage of the deposit act + were generally below those charged by the Bank of the United + States. Independently of these services, which are far + greater than those rendered by the United States Bank and its + twenty-five branches, a number of the deposit banks have, + with a commendable zeal to aid in the improvement of the + currency, imported from abroad, at their own expense, large + sums of the precious metals for coinage and circulation. + </p> + <p> + In the same manner have nearly all the predictions turned out + in respect to the effect of the removal of the + deposits—a step unquestionably necessary to prevent the + evils which it was foreseen the bank itself would endeavor to + create in a final struggle to procure a renewal of its + charter. It may be thus, too, in some degree with the further + steps which may be taken to prevent the excessive issue of + other bank paper, but it is to be hoped that nothing will now + deter the Federal and State authorities from the firm and + vigorous performance of their duties to themselves and to the + people in this respect. + </p> + <p> + In reducing the revenue to the wants of the Government your + particular attention is invited to those articles which + constitute the necessaries of life. The duty on salt was laid + as a war tax, and was no doubt continued to assist in + providing for the payment of the war debt. There is no + article the release of which from taxation would be felt so + generally and so beneficially. To this may be added all kinds + of fuel and provisions. Justice and benevolence unite in + favor of releasing the poor of our cities from burdens which + are not necessary to the support of our Government and tend + only to increase the wants of the destitute. + </p> + <p> + It will be seen by the report of the Secretary of the + Treasury and the accompanying documents that the Bank of the + United States has made no payment on account of the stock + held by the Government in that institution, although urged to + pay any portion which might suit its convenience, and that it + has given no information when payment may be expected. Nor, + although repeatedly requested, has it furnished the + information in relation to its condition which Congress + authorized the Secretary to collect at their last session. + Such measures as are within the power of the Executive have + been taken to ascertain the value of the stock and procure + the payment as early as possible. + </p> + <p> + The conduct and present condition of that bank and the great + amount of capital vested in it by the United States require + your careful attention. Its charter expired on the 3d day of + March last, and it has now no power but that given in the + twenty-first section, "to use the corporate name, style, and + capacity for the purpose of suits for the final settlement + and liquidation of the affairs and accounts of the + corporation, and for the sale and disposition of their + estate—real, personal, and mixed—but not for any + other purpose or in any other manner whatsoever, nor for a + period exceeding two years after the expiration of the said + term of incorporation." Before the expiration of the charter + the stockholders of the bank obtained an act of incorporation + from the legislature of Pennsylvania, excluding only the + United States. Instead of proceeding to wind up their + concerns and pay over to the United States the amount due on + account of the stock held by them, the president and + directors of the old bank appear to have transferred the + books, papers, notes, obligations, and most or all of its + property to this new corporation, which entered upon business + as a continuation of the old concern. Amongst other acts of + questionable validity, the notes of the expired corporation + are known to have been used as its own and again put in + circulation. That the old bank had no right to issue or + reissue its notes after the expiration of its charter can not + be denied, and that it could not confer any such right on its + substitute any more than exercise it itself is equally plain. + In law and honesty the notes of the bank in circulation at + the expiration of its charter should have been called in by + public advertisement, paid up as presented, and, together + with those on hand, canceled and destroyed. Their reissue is + sanctioned by no law and warranted by no necessity. If the + United States be responsible in their stock for the payment + of these notes, their reissue by the new corporation for + their own profit is a fraud on the Government. If the United + States is not responsible, then there is no legal + responsibility in any quarter, and it is a fraud on the + country. They are the redeemed notes of a dissolved + partnership, but, contrary to the wishes of the retiring + partner and without his consent, are again reissued and + circulated. + </p> + <p> + It is the high and peculiar duty of Congress to decide + whether any further legislation be necessary for the security + of the large amount of public property now held and in use by + the new bank, and for vindicating the rights of the + Government and compelling a speedy and honest settlement with + all the creditors of the old bank, public and private, or + whether the subject shall be left to the power now possessed + by the Executive and judiciary. It remains to be seen whether + the persons who as managers of the old bank undertook to + control the Government, retained the public dividends, shut + their doors upon a committee of the House of Representatives, + and filled the country with panic to accomplish their own + sinister objects may now as managers of a new bank continue + with impunity to flood the country with a spurious currency, + use the seven millions of Government stock for their own + profit, and refuse to the United States all information as to + the present condition of their own property and the prospect + of recovering it into their own possession. + </p> + <p> + The lessons taught by the Bank of the United States can not + well be lost upon the American people. They will take care + never again to place so tremendous a power in irresponsible + hands, and it will be fortunate if they seriously consider + the consequences which are likely to result on a smaller + scale from the facility with which corporate powers are + granted by their State governments. + </p> + <p> + It is believed that the law of the last session regulating + the deposit banks operates onerously and unjustly upon them + in many respects, and it is hoped that Congress, on proper + representations, will adopt the modifications which are + necessary to prevent this consequence. + </p> + <p> + The report of the Secretary of War <i>ad interim</i> and the + accompanying documents, all which are herewith laid before + you, will give you a full view of the diversified and + important operations of that Department during the past year. + </p> + <p> + The military movements rendered necessary by the aggressions + of the hostile portions of the Seminole and Creek tribes of + Indians, and by other circumstances, have required the active + employment of nearly our whole regular force, including the + Marine Corps, and of large bodies of militia and volunteers. + With all these events so far as they were known at the seat + of Government before the termination of your last session you + are already acquainted, and it is therefore only needful in + this place to lay before you a brief summary of what has + since occurred. + </p> + <p> + The war with the Seminoles during the summer was on our part + chiefly confined to the protection of our frontier + settlements from the incursions of the enemy, and, as a + necessary and important means for the accomplishment of that + end, to the maintenance of the posts previously established. + In the course of this duty several actions took place, in + which the bravery and discipline of both officers and men + were conspicuously displayed, and which I have deemed it + proper to notice in respect to the former by the granting of + brevet rank for gallant services in the field. But as the + force of the Indians was not so far weakened by these partial + successes as to lead them to submit, and as their savage + inroads were frequently repeated, early measures were taken + for placing at the disposal of Governor Call, who as + commander in chief of the Territorial militia had been + temporarily invested with the command, an ample force for the + purpose of resuming offensive operations in the most + efficient manner so soon as the season should permit. + Major-General Jesup was also directed, on the conclusion of + his duties in the Creek country, to repair to Florida and + assume the command. + </p> + <p> + The result of the first movement made by the forces under the + direction of Governor Call in October last, as detailed in + the accompanying papers, excited much surprise and + disappointment. A full explanation has been required of the + causes which led to the failure of that movement, but has not + yet been received. In the meantime, as it was feared that the + health of Governor Call, who was understood to have suffered + much from sickness, might not be adequate to the crisis, and + as Major-General Jesup was known to have reached Florida, + that officer was directed to assume the command, and to + prosecute all needful operations with the utmost promptitude + and vigor. From the force at his disposal and the + dispositions he has made and is instructed to make, and from + the very efficient measures which it is since ascertained + have been taken by Governor Call, there is reason to hope + that they will soon be enabled to reduce the enemy to + subjection. In the meantime, as you will perceive from the + report of the Secretary, there is urgent necessity for + further appropriations to suppress these hostilities. + </p> + <p> + Happily for the interests of humanity, the hostilities with + the Creeks were brought to a close soon after your + adjournment, without that effusion of blood which at one time + was apprehended as inevitable. The unconditional submission + of the hostile party was followed by their speedy removal to + the country assigned them west of the Mississippi. The + inquiry as to alleged frauds in the purchase of the + reservations of these Indians and the causes of their + hostilities, requested by the resolution of the House of + Representatives of the 1st of July last to be made by the + President, is now going on through the agency of + commissioners appointed for that purpose. Their report may be + expected during your present session. + </p> + <p> + The difficulties apprehended in the Cherokee country have + been prevented, and the peace and safety of that region and + its vicinity effectually secured, by the timely measures + taken by the War Department, and still continued. + </p> + <p> + The discretionary authority given to General Gaines to cross + the Sabine and to occupy a position as far west as + Nacogdoches, in case he should deem such a step necessary to + the protection of the frontier and to the fulfillment of the + stipulations contained in our treaty with Mexico, and the + movement subsequently made by that officer have been alluded + to in a former part of this message. At the date of the + latest intelligence from Nacogdoches our troops were yet at + that station, but the officer who has succeeded General + Gaines has recently been advised that from the facts known at + the seat of Government there would seem to be no adequate + cause for any longer maintaining that position, and he was + accordingly instructed, in case the troops were not already + withdrawn under the discretionary powers before possessed by + him, to give the requisite orders for that purpose on the + receipt of the instructions, unless he shall then have in his + possession such information as shall satisfy him that the + maintenance of the post is essential to the protection of our + frontiers and to the due execution of our treaty + stipulations, as previously explained to him. + </p> + <p> + Whilst the necessities existing during the present year for + the service of militia and volunteers have furnished new + proofs of the patriotism of our fellow-citizens, they have + also strongly illustrated the importance of an increase in + the rank and file of the Regular Army. The views of this + subject submitted by the Secretary of War in his report meet + my entire concurrence, and are earnestly commended to the + deliberate attention of Congress. In this connection it is + also proper to remind you that the defects in our present + militia system are every day rendered more apparent. The duty + of making further provision by law for organizing, arming, + and disciplining this arm of defense has been so repeatedly + presented to Congress by myself and my predecessors that I + deem it sufficient on this occasion to refer to the last + annual message and to former Executive communications in + which the subject has been discussed. + </p> + <p> + It appears from the reports of the officers charged with + mustering into service the volunteers called for under the + act of Congress of the last session that more presented + themselves at the place of rendezvous in Tennessee than were + sufficient to meet the requisition which had been made by the + Secretary of War upon the governor of that State. This was + occasioned by the omission of the governor to apportion the + requisition to the different regiments of militia so as to + obtain the proper number of troops and no more. It seems but + just to the patriotic citizens who repaired to the general + rendezvous under circumstances authorizing them to believe + that their services were needed and would be accepted that + the expenses incurred by them while absent from their homes + should be paid by the Government. I accordingly recommend + that a law to this effect be passed by Congress, giving them + a compensation which will cover their expenses on the march + to and from the place of rendezvous and while there; in + connection with which it will also be proper to make + provision for such other equitable claims growing out of the + service of the militia as may not be embraced in the existing + laws. + </p> + <p> + On the unexpected breaking out of hostilities in Florida, + Alabama, and Georgia it became necessary in some cases to + take the property of individuals for public use. Provision + should be made by law for indemnifying the owners; and I + would also respectfully suggest whether some provision may + not be made, consistently with the principles of our + Government, for the relief of the sufferers by Indian + depredations or by the operations of our own troops. + </p> + <p> + No time was lost after the making of the requisite + appropriations in resuming the great national work of + completing the unfinished fortifications on our seaboard and + of placing them in a proper state of defense. In consequence, + however, of the very late day at which those bills were + passed, but little progress could be made during the season + which has just closed. A very large amount of the moneys + granted at your last session accordingly remains unexpended; + but as the work will be again resumed at the earliest moment + in the coming spring, the balance of the existing + appropriations, and in several cases which will be laid + before you, with the proper estimates, further sums for the + like objects, may be usefully expended during the next year. + </p> + <p> + The recommendations of an increase in the Engineer Corps and + for a reorganization of the Topographical Corps, submitted to + you in my last annual message, derive additional strength + from the great embarrassments experienced during the present + year in those branches of the service, and under which they + are now suffering. Several of the most important surveys and + constructions directed by recent laws have been suspended in + consequence of the want of adequate force in these corps. + </p> + <p> + The like observations may be applied to the Ordnance Corps + and to the general staff, the operations of which as they are + now organized must either be frequently interrupted or + performed by officers taken from the line of the Army, to the + great prejudice of the service. + </p> + <p> + For a general view of the condition of the Military Academy + and of other branches of the military service not already + noticed, as well as for fuller illustrations of those which + have been mentioned, I refer you to the accompanying + documents, and among the various proposals contained therein + for legislative action I would particularly notice the + suggestion of the Secretary of War for the revision of the + pay of the Army as entitled to your favorable regard. + </p> + <p> + The national policy, founded alike in interest and in + humanity, so long and so steadily pursued by this Government + for the removal of the Indian tribes originally settled on + this side of the Mississippi to the west of that river, may + be said to have been consummated by the conclusion of the + late treaty with the Cherokees. The measures taken in the + execution of that treaty and in relation to our Indian + affairs generally will fully appear by referring to the + accompanying papers. Without dwelling on the numerous and + important topics embraced in them, I again invite your + attention to the importance of providing a well-digested and + comprehensive system for the protection, supervision, and + improvement of the various tribes now planted in the Indian + country. The suggestions submitted by the Commissioner of + Indian Affairs, and enforced by the Secretary, on this + subject, and also in regard to the establishment of + additional military posts in the Indian country, are entitled + to your profound consideration. Both measures are necessary, + for the double purpose of protecting the Indians from + intestine war, and in other respects complying with our + engagements to them, and of securing our western frontier + against incursions which otherwise will assuredly be made on + it. The best hopes of humanity in regard to the aboriginal + race, the welfare of our rapidly extending settlements, and + the honor of the United States are all deeply involved in the + relations existing between this Government and the emigrating + tribes. I trust, therefore, that the various matters + submitted in the accompanying documents in respect to those + relations will receive your early and mature deliberation, + and that it may issue in the adoption of legislative measures + adapted to the circumstances and duties of the present + crisis. + </p> + <p> + You are referred to the report of the Secretary of the Navy + for a satisfactory view of the operations of the Department + under his charge during the present year. In the construction + of vessels at the different navy-yards and in the employment + of our ships and squadrons at sea that branch of the service + has been actively and usefully employed. While the situation + of our commercial interests in the West Indies required a + greater number than usual of armed vessels to be kept on that + station, it is gratifying to perceive that the protection due + to our commerce in other quarters of the world has not proved + insufficient. Every effort has been made to facilitate the + equipment of the exploring expedition authorized by the act + of the last session, but all the preparation necessary to + enable it to sail has not yet been completed. No means will + be spared by the Government to fit out the expedition on a + scale corresponding with the liberal appropriations for the + purpose and with the elevated character of the objects which + are to be effected by it. + </p> + <p> + I beg leave to renew the recommendation made in my last + annual message respecting the enlistment of boys in our naval + service, and to urge upon your attention the necessity of + further appropriations to increase the number of ships afloat + and to enlarge generally the capacity and force of the Navy. + The increase of our commerce and our position in regard to + the other powers of the world will always make it our policy + and interest to cherish the great naval resources of our + country. + </p> + <p> + The report of the Postmaster-General presents a gratifying + picture of the condition of the Post-Office Department. Its + revenues for the year ending the 30th June last were + $3,398,455.19, showing an increase of revenue over that of + the preceding year of $404,878.53, or more than 13 per cent. + The expenditures for the same year were $2,755,623.76, + exhibiting a surplus of $642,831.43. The Department has been + redeemed from embarrassment and debt, has accumulated a + surplus exceeding half a million of dollars, has largely + extended and is preparing still further to extend the mail + service, and recommends a reduction of postages equal to + about 20 per cent. It is practicing upon the great principle + which should control every branch of our Government of + rendering to the public the greatest good possible with the + least possible taxation to the people. + </p> + <p> + The scale of postages suggested by the Postmaster-General + recommends itself, not only by the reduction it proposes, but + by the simplicity of its arrangement, its conformity with the + Federal currency, and the improvement it will introduce into + the accounts of the Department and its agents. + </p> + <p> + Your particular attention is invited to the subject of mail + contracts with railroad companies. The present laws providing + for the making of contracts are based upon the presumption + that competition among bidders will secure the service at a + fair price; but on most of the railroad lines there is no + competition in that kind of transportation, and advertising + is therefore useless. No contract can now be made with them + except such as shall be negotiated before the time of + offering or afterwards, and the power of the + Postmaster-General to pay them high prices is practically + without limitation. It would be a relief to him and no doubt + would conduce to the public interest to prescribe by law some + equitable basis upon which such contracts shall rest, and + restrict him by a fixed rule of allowance. Under a liberal + act of that sort he would undoubtedly be able to secure the + services of most of the railroad companies, and the interest + of the Department would be thus advanced. + </p> + <p> + The correspondence between the people of the United States + and the European nations, and particularly with the British + Islands, has become very extensive, and requires the + interposition of Congress to give it security. No obstacle is + perceived to an interchange of mails between New York and + Liverpool or other foreign ports, as proposed by the + Postmaster-General. On the contrary, it promises, by the + security it will afford, to facilitate commercial + transactions and give rise to an enlarged intercourse among + the people of different nations, which can not but have a + happy effect. Through the city of New York most of the + correspondence between the Canadas and Europe is now carried + on, and urgent representations have been received from the + head of the provincial post-office asking the interposition + of the United States to guard it from the accidents and + losses to which it is now subjected. Some legislation appears + to be called for as well by our own interest as by comity to + the adjoining British provinces. + </p> + <p> + The expediency of providing a fireproof building for the + important books and papers of the Post-Office Department is + worthy of consideration. In the present condition of our + Treasury it is neither necessary nor wise to leave essential + public interests exposed to so much danger when they can so + readily be made secure. There are weighty considerations in + the location of a new building for that Department in favor + of placing it near the other executive buildings. + </p> + <p> + The important subjects of a survey of the coast and the + manufacture of a standard of weights and measures for the + different custom-houses have been in progress for some years + under the general direction of the Executive and the + immediate superintendence of a gentleman possessing high + scientific attainments. At the last session of Congress the + making of a set of weights and measures for each State in the + Union was added to the others by a joint resolution. + </p> + <p> + The care and correspondence as to all these subjects have + been devolved on the Treasury Department during the last + year. A special report from the Secretary of the Treasury + will soon be communicated to Congress, which will show what + has been accomplished as to the whole, the number and + compensation of the persons now employed in these duties, and + the progress expected to be made during the ensuing year, + with a copy of the various correspondence deemed necessary to + throw light on the subjects which seem to require additional + legislation. Claims have been made for retrospective + allowances in behalf of the superintendent and some of his + assistants, which I did not feel justified in granting. Other + claims have been made for large increases in compensation, + which, under all the circumstances of the several cases, I + declined making without the express sanction of Congress. In + order to obtain that sanction the subject was at the last + session, on my suggestion and by request of the immediate + superintendent, submitted by the Treasury Department to the + Committee on Commerce of the House of Representatives. But no + legislative action having taken place, the early attention of + Congress is now invited to the enactment of some express and + detailed provisions in relation to the various claims made + for the past, and to the compensation and allowances deemed + proper for the future. + </p> + <p> + It is further respectfully recommended that, such being the + inconvenience of attention to these duties by the Chief + Magistrate, and such the great pressure of business on the + Treasury Department, the general supervision of the coast + survey and the completion of the weights and measures, if the + works are kept united, should be devolved on a board of + officers organized specially for that purpose, or on the Navy + Board attached to the Navy Department. + </p> + <p> + All my experience and reflection confirm the conviction I + have so often expressed to Congress in favor of an amendment + of the Constitution which will prevent in any event the + election of the President and Vice-President of the United + States devolving on the House of Representatives and the + Senate, and I therefore beg leave again to solicit your + attention to the subject. There were various other + suggestions in my last annual message not acted upon, + particularly that relating to the want of uniformity in the + laws of the District of Columbia, that are deemed worthy of + your favorable consideration. + </p> + <p> + Before concluding this paper I think it due to the various + Executive Departments to bear testimony to their prosperous + condition and to the ability and integrity with which they + have been conducted. It has been my aim to enforce in all of + them a vigilant and faithful discharge of the public + business, and it is gratifying to me to believe that there is + no just cause of complaint from any quarter at the manner in + which they have fulfilled the objects of their creation. + </p> + <p> + Having now finished the observations deemed proper on this + the last occasion I shall have of communicating with the two + Houses of Congress at their meeting, I can not omit an + expression of the gratitude which is due to the great body of + my fellow-citizens, in whose partiality and indulgence I have + found encouragement and support in the many difficult and + trying scenes through which it has been my lot to pass during + my public career. Though deeply sensible that my exertions + have not been crowned with a success corresponding to the + degree of favor bestowed upon me, I am sure that they will be + considered as having been directed by an earnest desire to + promote the good of my country, and I am consoled by the + persuasion that whatever errors have been committed will find + a corrective in the intelligence and patriotism of those who + will succeed us. All that has occurred during my + Administration is calculated to inspire me with increased + confidence in the stability of our institutions; and should I + be spared to enter upon that retirement which is so suitable + to my age and infirm health and so much desired by me in + other respects, I shall not cease to invoke that beneficent + Being to whose providence we are already so signally indebted + for the continuance of His blessings on our beloved country. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + A.—<i>Statement of distribution of surplus revenue of + $30,000,000 among the several States, agreeably to the number + of electoral votes for President and according to the + constitutional mode of direct taxation by representative + population, and the difference arising from those two modes + of distribution, as per census of 1830</i>. + </p> + <pre> + S Representative Elect- Share Share Difference Difference + t population oral according according in favor in favor + a vote to system to of direct of + t of direct electoral tax electoral + e taxation vote mode vote mode + + ME 399,454 10 $999,371 $1,020,408 $21,037 + NH 269,327 7 673,813 714,286 40,473 + MA 610,408 14 1,527,144 1,428,571 $98,573 + RI 97,192 4 243,159 408,163 165,004 + CT 297,665 8 744,711 816,327 71,616 + VT 280,652 7 702,147 714,286 12,139 + NY 1,918,578 42 4,799,978 4,285,714 514,264 + NJ 319,921 8 800,392 816,427 15,935 + PA 1,348,072 30 3,372,662 3,061,225 311,437 + DE 75,431 3 188,716 306,122 117,406 + MD 405,842 10 1,015,352 1,020,408 5,056 + VA 1,023,502 23 2,560 640 2,346,939 213,701 + NC 639,747 15 1,600,546 1,530,612 69,934 + SC 455,025 11 1,138,400 1,122,449 15,951 + GA 429,811 11 1,075,319 1,122,449 47,130 + AL 262,307 7 656,751 714,286 57,535 + MS 110,357 4 276,096 408,163 132,067 + LA 171,904 5 430,076 510,204 80,128 + TN 625,263 15 1,564,309 1,530,612 33,697 + KY 621,832 15 1,555,725 1,530,612 25,113 + OH 937,901 21 2,346,479 2,142,858 203,621 + IN 343,030 9 858,206 918,368 60,162 + IL 157,146 5 393,154 510,204 117,050 + MO 130,419 4 326,288 408,163 81,875 + AR 28,557 3 71,445 306,122 234,677 + MI 31,625 3 79,121 306,102 227,001 + Total + 11,991,168 294 30,000,000 30,000,000 1,486,291 1,486,291 +</pre> + <center> + [Transcriber's Note: State names abbreviated to reduce column + width.] + </center> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>December 6, 1836</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I transmit herewith to Congress copies of my correspondence + with Mrs. Madison, produced by the resolution adopted at the + last session by the Senate and House of Representatives on + the decease of her venerated husband. The occasion seems to + be appropriate to present a letter from her on the subject of + the publication of a work of great political interest and + ability, carefully prepared by Mr. Madison's own hand, under + circumstances that give it claims to be considered as little + less than official. + </p> + <p> + Congress has already, at considerable expense, published in a + variety of forms the naked journals of the Revolutionary + Congress and of the Convention that formed the Constitution + of the United States. I am persuaded that the work of Mr. + Madison, considering the author, the subject-matter of it, + and the circumstances under which it was prepared—long + withheld from the public, as it has been, by those motives of + personal kindness and delicacy that gave tone to his + intercourse with his fellow-men, until he and all who had + been participators with him in the scenes he describes have + passed away—well deserves to become the property of the + nation, and can not fail, if published and disseminated at + the public charge, to confer the most important of all + benefits on the present and all succeeding + generations—accurate knowledge of the principles of + their Government and the circumstances under which they were + recommended and embodied in the Constitution for adoption. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>July 9, 1836</i>. + </p> + <p> + The Secretary of State has the honor to report to the + President that there is no resolution of Congress on the + death of Mr. Madison on file in the Department of State. By + application at the offices of the Secretary of the Senate and + Clerk of the House of Representatives the inclosed certified + copy of a set of resolutions has been procured. These + resolutions, being joint, should have been enrolled, signed + by the presiding officers of the two Houses, and submitted + for the Executive approbation. By referring to the + proceedings on the death of General Washington such a course + appears to have been thought requisite, but in this case it + has been deemed unnecessary or has been omitted accidentally. + The value of the public expression of sympathy would be so + much diminished by postponement to the next session that the + Secretary has thought it best to present the papers, + incomplete as they are, as the basis of such a letter as the + President may think proper to direct to Mrs. Madison. + </p> + <p class="r"> + JOHN FORSYTH,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 9, 1836</i>. + </p> + <p> + Mrs. D.P. MADISON,<br> + <i>Montpelier, Va</i>. + </p> + <p> + MADAM: It appearing to have been the intention of Congress to + make me the organ of assuring you of the profound respect + entertained by both its branches for your person and + character, and of their sincere condolence in the late + afflicting dispensation of Providence, which has at once + deprived you of a beloved companion and your country of one + of its most valued citizens, I perform that duty by + transmitting the documents herewith inclosed. + </p> + <p> + No expression of my own sensibility at the loss sustained by + yourself and the nation could add to the consolation to be + derived from these high evidences of the public sympathy. Be + assured, madam, that there is not one of your countrymen who + feels more poignantly the stroke which has fallen upon you or + who will cherish with a more endearing constancy the memory + of the virtues, the services, and the purity of the + illustrious man whose glorious and patriotic life has been + just terminated by a tranquil death. + </p> + <p> + I have the honor to be, madam, your most obedient servant, + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + The President of the United States having communicated to the + two Houses of Congress the melancholy intelligence of the + death of their illustrious and beloved fellow-citizen, James + Madison, of Virginia, late President of the United States, + and the two Houses sharing in the general grief which this + distressing event must produce: + </p> + <p> + <i>Resolved by the Senate and House of Representatives of the + United States of America in Congress assembled</i>, That the + chairs of the President of the Senate and of the Speaker of + the House of Representatives be shrouded in black during the + present session, and that the President of the Senate, the + Speaker of the House of Representatives, and the members and + officers of both Houses wear the usual badge of mourning for + thirty days. + </p> + <p> + <i>Resolved</i>, That it be recommended to the people of the + United States to wear crape on the left arm, as mourning, for + thirty days. + </p> + <p> + <i>Resolved</i>, That the President of the United States be + requested to transmit a copy of these resolutions to Mrs. + Madison, and to assure her of the profound respect of the two + Houses of Congress for her person and character and of their + sincere condolence on the late afflicting dispensation of + Providence. + </p> + <p> + + </p> + <p class="r"> + MONTPELIER, <i>August 20, 1836</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + I received, sir, in due time, your letter conveying to me the + resolutions Congress were pleased to adopt on the occasion of + the death of my beloved husband—a communication made + the more grateful by the kind expression of your sympathy + which it contained. + </p> + <p> + The high and just estimation of my husband by my countrymen + and friends and their generous participation in the sorrow + occasioned by our irretrievable loss, expressed through their + supreme authorities and otherwise, are the only solace of + which my heart is susceptible on the departure of him who had + never lost sight of that consistency, symmetry, and beauty of + character in all its parts which secured to him the love and + admiration of his country, and which must ever be the subject + of peculiar and tender reverence to one whose happiness was + derived from their daily and constant exercise. + </p> + <p> + The best return I can make for the sympathy of my country is + to fulfill the sacred trust his confidence reposed in me, + that of placing before it and the world what his pen prepared + for their use—a legacy the importance of which is + deeply impressed on my mind. + </p> + <p> + With great respect, + </p> + <p class="r"> + D.P. MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MONTPELIER, <i>November 15, 1836</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES. + </p> + <p> + SIR: The will of my late husband, James Madison, contains the + following provision: + </p> + <p> + "Considering the peculiarity and magnitude of the occasion + which produced the Convention at Philadelphia in 1787, the + characters who composed it, the Constitution which resulted + from their deliberations, its effects during a trial of so + many years on the prosperity of the people living under it, + and the interest it has inspired among the friends of free + government, it is not an unreasonable inference that a + careful and extended report of the proceedings and + discussions of that body, which were with closed doors, by a + member who was constant in his attendance, will be + particularly gratifying to the people of the United States + and to all who take an interest in the progress of political + science and the cause of true liberty." + </p> + <p> + This provision bears evidence of the value he set on his + report of the debates in the Convention, and he has charged + legacies on them alone to the amount of $1,200 for the + benefit of literary institutions and for benevolent purposes, + leaving the residuary net proceeds for the use of his widow. + </p> + <p> + In a paper written by him, and which it is proposed to annex + as a preface to the Debates, he traces the formation of + confederacies and of the Articles of Confederation, its + defects which caused and the steps which led to the + Convention, his reasons for taking the debates and the manner + in which he executed the task, and his opinion of the framers + of the Constitution. From this I extract his description of + the manner in which they were taken, as it guarantees their + fullness and accuracy: + </p> + <p> + "In pursuance of the task I had assumed, I chose a seat in + front of the presiding member, with the other members on my + right and left hands. In this favorable position for hearing + all that passed I noted down, in terms legible and in + abbreviations and marks intelligible to myself, what was read + from the chair or spoken by the members, and losing not a + moment unnecessarily between the adjournment and reassembling + of the Convention, I was enabled to write out my daily notes + during the session, or within a few finishing days after its + close, in the extent and form preserved in my own hand on my + files. + </p> + <p> + "In the labor and correctness of this I was not a little + aided by practice and by a familiarity with the style and the + train of observation and reasoning which characterized the + principal speakers. It happened also that I was not absent a + single day, nor more than the casual fraction of an hour in + any day, so that I could not have lost a single speech, + unless a very short one." + </p> + <p> + However prevailing the restraint which veiled during the life + of Mr. Madison this record of the creation of our + Constitution, the grave, which has closed over all those who + participated in its formation, has separated their acts from + all that is personal to him or to them. His anxiety for their + early publicity after this was removed may be inferred from + his having them transcribed and revised by himself; and, it + may be added, the known wishes of his illustrious friend + Thomas Jefferson and other distinguished patriots, the + important light they would shed for present as well as future + usefulness, besides my desire to fulfill the pecuniary + obligations imposed by his will, urged their appearance + without awaiting the preparation of his other works, and + early measures were accordingly adopted by me to ascertain + from publishers in various parts of the Union the terms on + which their publication could be effected. + </p> + <p> + It was also intended to publish with these debates those + taken by him in the Congress of the Confederation in 1782, + 1783, and 1787, of which he was then a member, and selections + made by himself and prepared under his eye from his letters + narrating the proceedings of that body during the periods of + his service in it, prefixing the debates in 1776 on the + Declaration of Independence by Thomas Jefferson so as to + embody all the memorials in that shape known to exist. This + exposé of the situation of the country under the + Confederation and the defects of the old system of government + evidenced in the proceedings under it seem to convey such + preceding information as should accompany the debates on the + formation of the Constitution by which it was superseded. + </p> + <p> + The proposals which have been received, so far from + corresponding with the expectations of Mr. Madison when he + charged the first of these works with those legacies, have + evidenced that their publication could not be engaged in by + me without advances of funds and involving of risks which I + am not in a situation to make or incur. + </p> + <p> + Under these circumstances, I have been induced to submit for + your consideration whether the publication of these debates + be a matter of sufficient interest to the people of the + United States to deserve to be brought to the notice of + Congress; and should such be the estimation of the utility of + these works by the representatives of the nation as to induce + them to relieve me individually from the obstacles which + impede it, their general circulation will be insured and the + people be remunerated by its more economical distribution + among them. + </p> + <p> + With high respect and consideration, + </p> + <p class="r"> + D.P. MADISON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 6, 1836</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress a report from the Commissioner of the + Public Buildings, showing the progress made in the + construction of the public buildings which by the act of the + 4th of July last the President was authorized to cause to be + erected. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 20, 1836. + </p> + <p> + <i>To the Senate and House of Representatives</i>. + </p> + <p> + GENTLEMEN: Herewith I transmit a report of the + Postmaster-General, and recommend the passage of such laws + and the making of such appropriations as may be necessary to + carry into effect the measures adopted by him for resuming + the business of the Department under his charge and securing + the public property in the old Post-Office building. + </p> + <p> + It is understood that the building procured for the temporary + use of the Department is far from being fireproof, and that + the valuable books and papers saved from the recent + conflagration will there be exposed to similar dangers. I + therefore feel it my duty to recommend an immediate + appropriation for the construction of a fireproof General + Post-Office, that the materials may be obtained within the + present winter and the buildings erected as rapidly as + practicable. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + POST-OFFICE DEPARTMENT,<br> + <i>December 20, 1836</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES. + </p> + <p> + SIR: On the morning of the 15th instant I performed the + painful duty of reporting to you orally the destruction of + the General Post-Office building by fire, and received your + instructions to inquire into the cause and extent of the + calamity, for the purpose of enabling you to make a + communication to Congress. + </p> + <p> + A few hours afterwards I received, through the chairman of + the Committee on the Post-Office and Post-Roads of the House + of Representatives, an official copy of a resolution adopted + by that House, instructing the committee to institute a + similar inquiry, and the chairman asked for such information + as it was in my power to give. The investigation directed by + you was thus rendered unnecessary. + </p> + <p> + The corporation of the city of Washington with honorable + promptitude offered the Department the use of the west wing + of the City Hall, now occupied by the mayor and councils and + their officers and the officers of the Chesapeake and Ohio + Canal Company. The proprietors of the medical college also + tendered the use of their building on E street, and offers + were made of several other buildings in the central parts of + the city. An examination was made of such as promise by their + magnitude to afford sufficient room for the force employed in + the Department, but none were found equal in the + commodiousness of their interior structure and abundant room + to Fuller's Hotel, opposite the buildings occupied by the + Treasury Department on Pennsylvania avenue. That building has + been obtained on terms which the accompanying papers (marked + 1 and 2) will fully exhibit. The business of the Department + will be immediately resumed in that building. + </p> + <p> + The agreement with Mr. Fuller will make necessary an + immediate appropriation by Congress, and upon that body will + devolve also the duty of providing for the payment of the + rent, if they shall approve of the arrangement. + </p> + <p> + In the meantime steps have been taken to secure all that is + valuable in the ruins of the Post-Office building, and to + protect from the weather the walls of so much of it as was + occupied by the General Post-Office which stand firm. + </p> + <p> + The Department has no fund at command out of which the + services necessary in the accomplishment of these objects can + be paid for, nor has it the means to replace the furniture + which has been lost and must be immediately obtained to + enable the clerks to proceed with their current business. + </p> + <p> + These facts I deem it my duty to report to you, that you may + recommend to Congress such measures thereupon as you may deem + expedient. + </p> + <p> + With the highest respect, your obedient servant, + </p> + <p class="r"> + AMOS KENDALL. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 20, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith, for the consideration and action of the + Senate, treaties concluded with the Ioways and Sacs of + Missouri, with the Sioux, with the Sacs and Foxes, and with + the Otoes and Missourias and Omahas, by which they have + relinquished their rights in the lands lying between the + State of Missouri and the Missouri River, ceded in the first + article of the treaty with them of July 15, 1830. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 20, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith to the Senate, for their consideration in + reference to its ratification, a treaty of peace and + friendship between the United States of America and the + Emperor of Morocco, concluded at Meccanez on the 16th of + September, 1836, with a report of the Secretary of State and + the documents therein mentioned. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 21, 1836</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + During the last session information was given to Congress by + the Executive that measures had been taken to ascertain "the + political, military, and civil condition of Texas." I now + submit for your consideration extracts from the report of the + agent who had been appointed to collect it relative to the + condition of that country. + </p> + <p> + No steps have been taken by the Executive toward the + acknowledgment of the independence of Texas, and the whole + subject would have been left without further remark on the + information now given to Congress were it not that the two + Houses at their last session, acting separately, passed + resolutions "that the independence of Texas ought to be + acknowledged by the United States whenever satisfactory + information should be received that it had in successful + operation a civil government capable of performing the duties + and fulfilling the obligations of an independent power." This + mark of interest in the question of the independence of Texas + and indication of the views of Congress make it proper that I + should somewhat in detail present the considerations that + have governed the Executive in continuing to occupy the + ground previously taken in the contest between Mexico and + Texas. + </p> + <p> + The acknowledgment of a new state as independent and entitled + to a place in the family of nations is at all times an act of + great delicacy and responsibility, but more especially so + when such state has forcibly separated itself from another of + which it had formed an integral part and which still claims + dominion over it. A premature recognition under these + circumstances, if not looked upon as justifiable cause of + war, is always liable to be regarded as a proof of an + unfriendly spirit to one of the contending parties. All + questions relative to the government of foreign nations, + whether of the Old or the New World, have been treated by the + United States as questions of fact only, and our predecessors + have cautiously abstained from deciding upon them until the + clearest evidence was in their possession to enable them not + only to decide correctly, but to shield their decisions from + every unworthy imputation. In all the contests that have + arisen out of the revolutions of France, out of the disputes + relating to the crowns of Portugal and Spain, out of the + revolutionary movements of those Kingdoms, out of the + separation of the American possessions of both from the + European Governments, and out of the numerous and constantly + occurring struggles for dominion in Spanish America, so + wisely consistent with our just principles has been the + action of our Government that we have under the most critical + circumstances avoided all censure and encountered no other + evil than that produced by a transient estrangement of good + will in those against whom we have been by force of evidence + compelled to decide. + </p> + <p> + It has thus been made known to the world that the uniform + policy and practice of the United States is to avoid all + interference in disputes which merely relate to the internal + government of other nations, and eventually to recognize the + authority of the prevailing party, without reference to our + particular interests and views or to the merits of the + original controversy. Public opinion here is so firmly + established and well understood in favor of this policy that + no serious disagreement has ever arisen among ourselves in + relation to it, although brought under review in a variety of + forms and at periods when the minds of the people were + greatly excited by the agitation of topics purely domestic in + their character. Nor has any deliberate inquiry ever been + instituted in Congress or in any of our legislative bodies as + to whom belonged the power of originally recognizing a new + State—a power the exercise of which is equivalent under + some circumstances to a declaration of war; a power nowhere + expressly delegated, and only granted in the Constitution as + it is necessarily involved in some of the great powers given + to Congress, in that given to the President and Senate to + form treaties with foreign powers and to appoint ambassadors + and other public ministers, and in that conferred upon the + President to receive ministers from foreign nations. + </p> + <p> + In the preamble to the resolution of the House of + Representatives it is distinctly intimated that the + expediency of recognizing the independence of Texas should be + left to the decision of Congress. In this view, on the ground + of expediency, I am disposed to concur, and do not, + therefore, consider it necessary to express any opinion as to + the strict constitutional right of the Executive, either + apart from or in conjunction with the Senate, over the + subject. It is to be presumed that on no future occasion will + a dispute arise, as none has heretofore occurred, between the + Executive and Legislature in the exercise of the power of + recognition. It will always be considered consistent with the + spirit of the Constitution, and most safe, that it should be + exercised, when probably leading to war, with a previous + understanding with that body by whom war can alone be + declared, and by whom all the provisions for sustaining its + perils must be furnished. Its submission to Congress, which + represents in one of its branches the States of this Union + and in the other the people of the United States, where there + may be reasonable ground to apprehend so grave a consequence, + would certainly afford the fullest satisfaction to our own + country and a perfect guaranty to all other nations of the + justice and prudence of the measures which might be adopted. + </p> + <p> + In making these suggestions it is not my purpose to relieve + myself from the responsibility of expressing my own opinions + of the course the interests of our country prescribe and its + honor permits us to follow. + </p> + <p> + It is scarcely to be imagined that a question of this + character could be presented in relation to which it would be + more difficult for the United States to avoid exciting the + suspicion and jealousy of other powers, and maintain their + established character for fair and impartial dealing. But on + this, as on every trying occasion, safety is to be found in a + rigid adherence to principle. + </p> + <p> + In the contest between Spain and her revolted colonies we + stood aloof and waited, not only until the ability of the new + States to protect themselves was fully established, but until + the danger of their being again subjugated had entirely + passed away. Then, and not till then, were they recognized. + Such was our course in regard to Mexico herself. The same + policy was observed in all the disputes growing out of the + separation into distinct governments of those Spanish + American States who began or carried on the contest with the + parent country united under one form of government. We + acknowledged the separate independence of New Granada, of + Venezuela, and of Ecuador only after their independent + existence was no longer a subject of dispute or was actually + acquiesced in by those with whom they had been previously + united. It is true that, with regard to Texas, the civil + authority of Mexico has been expelled, its invading army + defeated, the chief of the Republic himself captured, and all + present power to control the newly organized Government of + Texas annihilated within its confines. But, on the other + hand, there is, in appearance at least, an immense disparity + of physical force on the side of Mexico. The Mexican Republic + under another executive is rallying its forces under a new + leader and menacing a fresh invasion to recover its lost + dominion. + </p> + <p> + Upon the issue of this threatened invasion the independence + of Texas may be considered as suspended, and were there + nothing peculiar in the relative situation of the United + States and Texas our acknowledgment of its independence at + such a crisis could scarcely be regarded as consistent with + that prudent reserve with which we have heretofore held + ourselves bound to treat all similar questions. But there are + circumstances in the relations of the two countries which + require us to act on this occasion with even more than our + wonted caution. Texas was once claimed as a part of our + property, and there are those among our citizens who, always + reluctant to abandon that claim, can not but regard with + solicitude the prospect of the reunion of the territory to + this country. A large proportion of its civilized inhabitants + are emigrants from the United States, speak the same language + with ourselves, cherish the same principles, political and + religious, and are bound to many of our citizens by ties of + friendship and kindred blood; and, more than all, it is known + that the people of that country have instituted the same form + of government with our own, and have since the close of your + last session openly resolved, on the acknowledgment by us of + their independence, to seek admission into the Union as one + of the Federal States. This last circumstance is a matter of + peculiar delicacy, and forces upon us considerations of the + gravest character. The title of Texas to the territory she + claims is identified with her independence. She asks us to + acknowledge that title to the territory, with an avowed + design to treat immediately of its transfer to the United + States. It becomes us to beware of a too early movement, as + it might subject us, however unjustly, to the imputation of + seeking to establish the claim of our neighbors to a + territory with a view to its subsequent acquisition by + ourselves. Prudence, therefore, seems to dictate that we + should still stand aloof and maintain our present attitude, + if not until Mexico itself or one of the great foreign powers + shall recognize the independence of the new Government, at + least until the lapse of time or the course of events shall + have proved beyond cavil or dispute the ability of the people + of that country to maintain their separate sovereignty and to + uphold the Government constituted by them. Neither of the + contending parties can justly complain of this course. By + pursuing it we are but carrying out the long-established + policy of our Government—a policy which has secured to + us respect and influence abroad and inspired confidence at + home. + </p> + <p> + Having thus discharged my duty, by presenting with simplicity + and directness the views which after much reflection I have + been led to take of this important subject, I have only to + add the expression of my confidence that if Congress shall + differ with me upon it their judgment will be the result of + dispassionate, prudent, and wise deliberation, with the + assurance that during the short time I shall continue + connected with the Government I shall promptly and cordially + unite with you in such measures as may be deemed best fitted + to increase the prosperity and perpetuate the peace of our + favored country. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 26, 1836. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I herewith transmit to the Senate the report of the Secretary + of the Treasury, giving all the information required by their + resolution of the 19th instant, calling for a list of the + different appropriations which will leave unexpended balances + on the 1st day of January next. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 26, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I nominate William Gates, late major of the First Regiment of + Artillery, for reappointment in the Army, to be major in the + Second Regiment of Artillery, to take rank from the 30th May, + 1832, the date of his former commission. This officer was + stricken from the rolls of the Army by my order on the 7th of + June last, upon a full consideration by me of the proceedings + of a court of inquiry held at his request for the purpose of + investigating his conduct during and subsequent to the attack + on Fort Barnwell, at Volusia, in Florida, in April last, + which court, after mature deliberation on the testimony + before them, expressed the opinion "that the effective force + under the command of Major Gates was much greater than the + estimated force of the Indians who attacked him on the + morning of the 14th of April, 1836, and that therefore he was + capable of meeting the enemy in the field if necessary; also, + that the bodies of two volunteers killed were improperly left + exposed, and ought to have been brought in on the morning + when they were killed, such exposure necessarily operating + injuriously on the garrison." He is now nominated for a + reappointment to the end that he may be brought to trial + before a court-martial, such a trial being solicited by him. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December, 1836</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + By the second section of the act "to establish the northern + boundary line of the State of Ohio, and to provide for the + admission of the State of Michigan into the Union upon the + conditions therein expressed," approved June 15, 1836, the + constitution and State government which the people of + Michigan had formed for themselves was ratified and confirmed + and the State of Michigan declared to be one of the United + States of America, and admitted into the Union upon an equal + footing with the original States, but on the express + condition that the said State should consist of and have + jurisdiction over all the territory included within certain + boundaries described in the act, and over none other. It was + further enacted by the third section of the same law that, as + a compliance with the fundamental condition of admission, the + boundaries of the State of Michigan, as thus described, + declared, and established, should "receive the assent of a + convention of delegates elected by the people of said State + for the sole purpose of giving the assent" therein required; + that as soon as such assent should be given the President of + the United States should announce the same by proclamation, + and that thereupon, and without any further proceeding on the + part of Congress, the admission of the State into the Union + as one of the United States of America should be considered + as complete, and the Senators and Representatives in the + Congress of the United States entitled to take their seats + without further delay. + </p> + <p> + In the month of November last I received a communication + inclosing the official proceedings of a convention assembled + at Ann Arbor, in Michigan, on the 26th of September, 1836, + all which (marked A) are herewith laid before you. It will be + seen by these papers that the convention therein referred to + was elected by the people of Michigan pursuant to an act of + the State legislature passed on the 25th of July last in + consequence of the above-mentioned act of Congress, and that + it declined giving its assent to the fundamental condition + prescribed by Congress, and rejected the same. + </p> + <p> + On the 24th instant the accompanying paper (marked B), with + its inclosure, containing the proceedings of a convention of + delegates subsequently elected and held in the State of + Michigan, was presented to me. By these papers, which are + also herewith submitted for your consideration, it appears + that elections were held in all the counties of the State, + except two, on the 5th and 6th days of December instant, for + the purpose of electing a convention of delegates to give the + assent required by Congress; that the delegates then elected + assembled in convention on the 14th day of December instant, + and that on the following day the assent of the body to the + fundamental condition above stated was formally given. + </p> + <p> + This latter convention was not held or elected by virtue of + any act of the Territorial or State legislature; it + originated from the people themselves, and was chosen by them + in pursuance of resolutions adopted in primary assemblies + held in the respective counties. The act of Congress, + however, does not prescribe by what authority the convention + shall be ordered, or the time when or the manner in which it + shall be chosen. Had these latter proceedings come to me + during the recess of Congress, I should therefore have felt + it my duty, on being satisfied that they emanated from a + convention of delegates elected in point of fact by the + people of the State for the purpose required, to have issued + my proclamation thereon as provided by law; but as the + authority conferred on the President was evidently given to + him under the expectation that the assent of the convention + might be laid before him during the recess of Congress and to + avoid the delay of a postponement until the meeting of that + body, and as the circumstances which now attend the case are + in other respects peculiar and such as could not have been + foreseen when the act of June 15, 1836, was passed, I deem it + most agreeable to the intent of that law, and proper for + other reasons, that the whole subject should be submitted to + the decision of Congress. The importance of your early action + upon it is too obvious to need remark. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 28, 1836</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 23d instant, I herewith transmit a + report<a href="#note-22">22</a> from the Secretary of State, + to whom the resolution was referred, containing all the + information upon the subject which he is now able to + communicate. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate a report<a href="#note-23">23</a> of + the Secretary of the Navy, complying with their resolution of + the 24th of May, 1836. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + DECEMBER 29, 1836. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 30, 1836</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I transmit herewith a communication from the Secretary of War + <i>ad interim</i>, with certain accompanying + papers<a href="#note-24">24</a> from the Engineer + Department, required to complete the annual report from + that Department. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 30, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith, for your consideration and action, four + treaties with bands of Potawatamie Indians in Indiana, + accompanied by a report from the War Department and sundry + other papers. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 30, 1836</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith, for your consideration and action, a + treaty with the Menomonie tribe of Indians, accompanied by a + report from the War Department. I recommend the modifications + proposed in the report. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 7, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to Congress a report of the Secretary of + State, with the accompanying letter, addressed to him by the + commission appointed under the act of Congress of the last + session for carrying into effect the convention between the + United States and Spain. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 9, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + Immediately after the passage by the Senate, at a former + session, of the resolution requesting the President to + consider the expediency of opening negotiations with the + governments of other nations, and particularly with the + Governments of Central America and New Granada, for the + purpose of effectually protecting, by equitable treaty + stipulations with them, such individuals or companies as + might undertake to open a communication between the Atlantic + and Pacific oceans by the construction of a ship canal across + the isthmus which connects North and South America, and of + securing forever by such stipulations the free and equal + right of navigating such canal to all such nations on the + payment of such reasonable tolls as ought to be established + to compensate the capitalists who might engage in such + undertaking and complete the work, an agent was employed to + obtain information in respect to the situation and character + of the country through which the line of communication, if + established, would necessarily pass, and the state of the + projects which were understood to be contemplated for opening + such communication by a canal or a railroad. The agent + returned to the United States in September last, and although + the information collected by him is not as full as could have + been desired, yet it is sufficient to show that the + probability of an early execution of any of the projects + which have been set on foot for the construction of the + communication alluded to is not so great as to render it + expedient to open a negotiation at present with any foreign + government upon the subject. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 17, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I hereby submit to the House of Representatives certain + communications from the Secretary of the Treasury and the + attorney of the United States for the District of Columbia. + They relate to the difficulties which have been interposed + under the existing laws in bringing to conviction and + punishment the supposed incendiaries of the Treasury + buildings in the year 1833. + </p> + <p> + The peculiar circumstances of this case, so long concealed, + and of the flagrant frauds by persons disconnected with the + Government, which were still longer concealed, and to screen + some of which forever was probably a principal inducement to + the burning of the buildings, lead me earnestly to recommend + a revision of the laws on this subject. I do this with a wish + not only to render the punishment hereafter more severe for + the wanton destruction of the public property, but to repeal + entirely the statute of limitation in all criminal cases, + except small misdemeanors, and in no event to allow a party + to avail himself of its benefits during the period the + commission of the crime was kept concealed or the persons on + trial were not suspected of having perpetrated the offense. + </p> + <p> + It must be manifest to Congress that the exposed state of the + public records here, without fireproof buildings, + imperatively requires the most ample remedies for their + protection, and the greatest vigilance and fidelity in all + officers, whether executive or judicial, in bringing to + condign punishment the real offenders. + </p> + <p> + Without these the public property is in that deplorable + situation which depends quite as much on accident and good + fortune as the laws, for safety. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <center> + [The same message was sent to the Senate.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 17, 1837</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit to Congress herewith the copy of an act of the + State of Missouri passed on the 16th ultimo, expressing the + assent of that State to the several provisions of the act of + Congress entitled "An act to extend the western boundary of + the State of Missouri to the Missouri River," approved June + 7, 1836. A copy of the act, duly authenticated, has been + deposited in the Department of State. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 18, 1837. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate at their last + session, I herewith transmit the inclosed documents, which + contain all the information on the subject of the claim of + the heirs of George Galphin within the power of the + Executive. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 18, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate dated the + 16th instant, I transmit a copy and a translation of a letter + addressed to me on the 4th of July last by the President of + the Mexican Republic, and a copy of my reply to the same on + the 4th of September. No other communication on the subject + of the resolution referred to has been made to the Executive + by any other foreign government, or by any person claiming to + act in behalf of Mexico. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>The President of the Mexican Republic to the President of + the United States</i>. + </center> + <p class="r"> + COLUMBIA, IN TEXAS, <i>July 4, 1836</i>. + </p> + <p> + His Excellency General ANDREW JACKSON,<br> + <i>President of the United States of America</i>. + </p> + <p> + MUCH ESTEEMED SIR: In fulfillment of the duties which + patriotism and honor impose upon a public man, I came to this + country at the head of 6,000 Mexicans. The chances of war, + made inevitable by circumstances, reduced me to the condition + of a prisoner, in which I still remain, as you may have + already learned. The disposition evinced by General Samuel + Houston, the commander in chief of the Texan army, and by his + successor, General Thomas J. Rusk, for the termination of the + war; the decision of the President and cabinet of Texas in + favor of a proper compromise between the contending parties, + and my own conviction, produced the conventions of which I + send you copies inclosed, and the orders given by me to + General Filisola, my second in command, to retire from the + river Brasos, where he was posted, to the other side of the + river Bravo del Norte. + </p> + <p> + As there was no doubt that General Filisola would religiously + comply, as far as concerned himself, the President and + cabinet agreed that I should set off for Mexico, in order to + fulfill the other engagements, and with that intent I + embarked on board the schooner <i>Invincible</i>, which was + to carry me to the port of Vera Cruz. Unfortunately, however, + some indiscreet persons raised a mob, which obliged the + authorities to have me landed by force and brought back into + strict captivity. This incident has prevented me from going + to Mexico, where I should otherwise have arrived early in + last month; and in consequence of it the Government of that + country, doubtless ignorant of what has occurred, has + withdrawn the command of the army from General Filisola and + has ordered his successor, General Urrea, to continue its + operations, in obedience to which order that general is, + according to the latest accounts, already at the river + Nueces. In vain have some reflecting and worthy men + endeavored to demonstrate the necessity of moderation and of + my going to Mexico according to the convention; but the + excitement of the public mind has increased with the return + of the Mexican army to Texas. Such is the state of things + here at present. The continuation of the war and of its + disasters is therefore inevitable unless the voice of reason + be heard in proper time from the mouth of some powerful + individual. It appears to me that you, sir, have it in your + power to perform this good office, by interfering in favor of + the execution of the said convention, which shall be strictly + fulfilled on my part. When I offered to treat with this + Government, I was convinced that it was useless for Mexico to + continue the war. I have acquired exact information + respecting this country which I did not possess four months + ago. I have too much zeal for the interests of my country to + wish for anything which is not compatible with them. Being + always ready to sacrifice myself for its glory and advantage, + I never would have hesitated to subject myself to torments or + death rather than consent to any compromise if Mexico could + thereby have obtained the slightest benefit. I am firmly + convinced that it is proper to terminate this question by + political negotiation. That conviction alone determined me + sincerely to agree to what has been stipulated, and in the + same spirit I make to you this frank declaration. Be pleased, + sir, to favor me by a like confidence on your part. Afford me + the satisfaction of avoiding approaching evils and of + contributing to that good which my heart advises. Let us + enter into negotiations by which the friendship between your + nation and the Mexican may be strengthened, both being + amicably engaged in giving being and stability to a people + who are desirous of appearing in the political world, and + who, under the protection of the two nations, will attain its + object within a few years. + </p> + <p> + The Mexicans are magnanimous when treated with consideration. + I will clearly set before them the proper and humane reasons + which require noble and frank conduct on their part, and I + doubt not that they will act thus as soon as they have been + convinced. + </p> + <p> + By what I have here submitted you will see the sentiments + which animate me, and with which I remain, your most humble + and obedient servant, + </p> + <p class="r"> + ANTONIO LOPEZ DE SANTA ANNA. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>The President of the United States to the President of the + Mexican Republic</i>. + </center> + <p class="r"> + HERMITAGE, <i>September 4, 1836</i>. + </p> + <p> + General ANTONIO LOPEZ DE SANTA ANNA. + </p> + <p> + SIR: I have the honor to acknowledge the receipt of your + letter of the 4th day of July last, which has been forwarded + to me by General Samuel Houston, under cover of one from him, + transmitted by an express from General Gaines, who is in + command of the United States forces on the Texan frontier. + The great object of these communications appears to be to put + an end to the disasters which necessarily attend the civil + war now raging in Texas, and asking the interposition of the + United States in furthering so humane and desirable a + purpose. That any well-intended effort of yours in aid of + this object should have been defeated is calculated to excite + the regret of all who justly appreciate the blessings of + peace, and who take an interest in the causes which + contribute to the prosperity of Mexico in her domestic as + well as her foreign relations. + </p> + <p> + The Government of the United States is ever anxious to + cultivate peace and friendship with all nations; but it + proceeds on the principle that all nations have the right to + alter, amend, or change their own government as the sovereign + power—the people—may direct. In this respect it + never interferes with the policy of other powers, nor can it + permit any on the part of others with its internal policy. + Consistently with this principle, whatever we can do to + restore peace between contending nations or remove the causes + of misunderstanding is cheerfully at the service of those who + are willing to rely upon our good offices as a friend or + mediator. + </p> + <p> + In reference, however, to the agreement which you, as the + representative of Mexico, have made with Texas, and which + invites the interposition of the United States, you will at + once see that we are forbidden by the character of the + communications made to us through the Mexican minister from + considering it. That Government has notified us that as long + as you are a prisoner no act of yours will be regarded as + binding by the Mexican authorities. Under these circumstances + it will be manifest to you that good faith to Mexico, as well + as the general principle to which I have adverted as forming + the basis of our intercourse with all foreign powers, make it + impossible for me to take any step like that you have + anticipated. If, however, Mexico should signify her + willingness to avail herself of our good offices in bringing + about the desirable result you have described, nothing could + give me more pleasure than to devote my best services to it. + To be instrumental in terminating the evils of civil war and + in substituting in their stead the blessings of peace is a + divine privilege. Every government and the people of all + countries should feel it their highest happiness to enjoy an + opportunity of thus manifesting their love of each other and + their interest in the general principles which apply to them + all as members of the common family of man. + </p> + <p> + Your letter, and that of General Houston, commander in chief + of the Texan army, will be made the basis of an early + interview with the Mexican minister at Washington. They will + hasten my return to Washington, to which place I will set out + in a few days, expecting to reach it by the its of October. + In the meantime I hope Mexico and Texas, feeling that war is + the greatest of calamities, will pause before another + campaign is undertaken and can add to the number of those + scenes of bloodshed which have already marked the progress of + their contest and have given so much pain to their Christian + friends throughout the world. + </p> + <p> + This is sent under cover to General Houston, who will give it + a safe conveyance to you. + </p> + <p> + I am, very respectfully, your obedient servant, + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 19, 1837. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I herewith transmit a copy of the annual report of the + Director of the Mint, showing the operations of the + institution during the past year and also the progress made + toward completion of the branch mints in North Carolina, + Georgia, and Louisiana. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 20, 1837</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + In compliance with the act of Congress of the 3d of March, + 1829, I herewith transmit to Congress the report of the board + of inspectors of the penitentiary of Washington, and beg + leave to draw their attention to the fact presented with the + report, "that the inspectors have received no compensation + for their services for two years, viz, 1829 and 1830," and + request that an appropriation be made for the same. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 21, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit, for your constitutional action, a report from the + War Department, accompanied by a treaty with the Stockbridge + and Munsee Indians. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 21, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit, for your constitutional action, a report from the + War Department, accompanied by a treaty with a portion of the + New York Indians. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 25, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 17th instant, I transmit a + report<a href="#note-25">25</a> from the Secretary of State, + together with the documents by which it was accompanied. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 27, 1837</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + I transmit herewith certain papers from the War Department, + relative to the improvement of Brunswick Harbor, Georgia. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 30, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House the copy of a letter + addressed to me by the governor of the State of Maine on the + 30th of June last, communicating sundry resolutions of the + legislature of that State and claiming the reimbursement of + certain moneys paid to John and Phineas R. Harford for losses + and expenses incurred by them under circumstances explained + in the accompanying papers. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 6, 1837</i>. + </p> + <p> + The SPEAKER OF THE HOUSE OF REPRESENTATIVES: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 3d instant, I herewith transmit the + report<a href="#note-26">26</a> of the Secretary of the Navy, + which affords all the information required by said + resolution. The President begs leave to add that he trusts + that all facilities will be given to this exploring + expedition that Congress can bestow and the honor of the + nation demands. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 6, 1837</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + At the beginning of this session Congress was informed that + our claims upon Mexico had not been adjusted, but that + notwithstanding the irritating effect upon her councils of + the movements in Texas, I hoped, by great forbearance, to + avoid the necessity of again bringing the subject of them to + your notice. That hope has been disappointed. Having in vain + urged upon that Government the justice of those claims and my + indispensable obligation to insist that there should be "no + further delay in the acknowledgment, if not in the redress, + of the injuries complained of," my duty requires that the + whole subject should be presented, as it now is, for the + action of Congress, whose exclusive right it is to decide on + the further measures of redress to be employed. The length of + time since some of the injuries have been committed, the + repeated and unavailing applications for redress, the wanton + character of some of the outrages upon the property and + persons of our citizens, upon the officers and flag of the + United States, independent of recent insults to this + Government and people by the late extraordinary Mexican + minister, would justify in the eyes of all nations immediate + war. That remedy, however, should not be used by just and + generous nations, confiding in their strength for injuries + committed, if it can be honorably avoided; and it has + occurred to me that, considering the present embarrassed + condition of that country, we should act with both wisdom and + moderation by giving to Mexico one more opportunity to atone + for the past before we take redress into our own hands. To + avoid all misconception on the part of Mexico, as well as to + protect our own national character from reproach, this + opportunity should be given with the avowed design and full + preparation to take immediate satisfaction if it should not + be obtained on a repetition of the demand for it. To this end + I recommend that an act be passed authorizing reprisals, and + the use of the naval force of the United States by the + Executive against Mexico to enforce them, in the event of a + refusal by the Mexican Government to come to an amicable + adjustment of the matters in controversy between us upon + another demand thereof made from on board one of our vessels + of war on the coast of Mexico. + </p> + <p> + The documents herewith transmitted, with those accompanying + my message in answer to a call of the House of + Representatives of the 17th ultimo, will enable Congress to + judge of the propriety of the course heretofore pursued and + to decide upon the necessity of that now recommended. + </p> + <p> + If these views should fail to meet the concurrence of + Congress, and that body be able to find in the condition of + the affairs between the two countries, as disclosed by the + accompanying documents, with those referred to, any + well-grounded reasons to hope that an adjustment of the + controversy between them can be effected without a resort to + the measures I have felt it my duty to recommend, they may be + assured of my cooperation in any other course that shall be + deemed honorable and proper. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 7, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit communications from the War Department relating to + the treaty with the Sacs and Foxes recently submitted to the + Senate. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 7, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith, for the constitutional action of the + Senate, a report from the War Department, accompanied by a + treaty with the Saganaw tribe of Chippewa Indians. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit, for your consideration and action, a treaty with + certain Potawatamie Indians, accompanied by a report from the + War Department. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 9, 1837</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I communicate to Congress printed copies of the treaty of + peace and commerce between the United States and the Empire + of Morocco, concluded at Meccanez on the 16th day of + September last, and duly ratified by the respective + Governments. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 11, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a letter + addressed to me on the 30th ultimo by the governor of the + State of New Hampshire, communicating several resolutions of + the legislature of that Commonwealth and claiming the + reimbursement of certain expenses incurred by that State in + maintaining jurisdiction over that portion of its territory + north of the forty-fifth degree of north latitude, known by + the name of Indian Stream, under circumstances explained in + his excellency's letter. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 13, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I herewith transmit to the Senate a report<a href= + "#note-27">27</a> from the Secretary of State, with + accompanying papers, embracing a copy of the correspondence + requested by the resolution of the 7th instant, and such + additional documents as were deemed necessary to a correct + understanding of the whole subject. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>February 14, 1837</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit herewith a copy of the instructions, prepared + under my direction by the War Department, for the + commissioners appointed by me, in pursuance of the request + contained in the resolution adopted by the House of + Representatives on the 1st of July last, to investigate the + causes of the hostilities then existing with the Creek + Indians, and also copies of the reports on that subject + received from the commissioners. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 15, 1837. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I herewith transmit to the Senate a report of the + Postmaster-General, on the subject of the claims of Messrs. + Stockton and Stokes, with a review of that report by the + Solicitor of the Treasury, to whom, under a law of the last + session of Congress, all the suspended debts of those + contractors had been submitted; also a supplemental rejoinder + by the Postmaster-General since the report of the Solicitor + of the Treasury was made, with the papers accompanying the + same, all of which are respectfully submitted for the + consideration of the Senate. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 15, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith, for your consideration and action, a + treaty lately made with the Sioux of the Mississippi, + accompanied by a report from the War Department. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith a convention between the Choctaws and + Chickasaws, which meets my approbation, and for which I ask + your favorable consideration and action. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 20, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 9th ultimo, I transmit a report from + the Secretary of State and the documents<a href= + "#note-28">28</a> by which it was accompanied. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 24, 1837</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit a letter from the Secretary of War ad interim, + accompanied by various documents, in relation to a survey + recently made of the mouths of the Mississippi River under a + law of the last session of Congress. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 3, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In the month of October last, the office of Secretary of War + being vacant, I appointed Benjamin F. Butler, of the State of + New York, to perform the duties thereof during the pleasure + of the President, but with the expectation that the office + would be otherwise filled, on the nomination of my successor, + immediately on the commencement of his term of service. This + expectation I have reason to believe will be fulfilled, but + as it is necessary in the present state of the public service + that the vacancy should actually occur, and as it is doubtful + whether Mr. Butler can act under his present appointment + after the expiration of the present session of the Senate, I + hereby nominate the said Benjamin F. Butler to be Secretary + of War of the United States, to hold the said office during + the pleasure of the President until a successor duly + appointed shall accept such office and enter on the duties + thereof. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 3, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In my message to Congress of the 21st of December last I laid + before that body, without reserve, my views concerning the + recognition of the independence of Texas, with a report of + the agent employed by the Executive to obtain information in + respect to the condition of that country. Since that time the + subject has been repeatedly discussed in both branches of the + Legislature. These discussions have resulted in the insertion + of a clause in the general appropriation law passed by both + Houses providing for the outfit and salary of a diplomatic + agent to be sent to the Republic of Texas whenever the + President of the United States may receive satisfactory + evidence that Texas is an independent power and shall deem it + expedient to appoint such minister, and in the adoption of a + resolution by the Senate, the constitutional advisers of the + Executive on the diplomatic intercourse of the United States + with foreign powers, expressing the opinion that "the State + of Texas having established and maintained an independent + government capable of performing those duties, foreign and + domestic, which appertain to independent governments, and it + appearing that there is no longer any reasonable prospect of + the successful prosecution of the war by Mexico against said + State, it is expedient and proper and in conformity with the + laws of nations and the practice of this Government in like + cases that the independent political existence of said State + be acknowledged by the Government of the United States." + Regarding these proceedings as a virtual decision of the + question submitted by me to Congress, I think it my duty to + acquiesce therein, and therefore I nominate Alcee La Branche, + of Louisiana, to be chargé d'affaires to the Republic + of Texas. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + VETO MESSAGE.<a href="#note-29">29</a> + </h2> + <p class="r"> + MARCH 3, 1837—11.45 p.m. + </p> + <p> + The bill from the Senate entitled "An act designating and + limiting the funds receivable for the revenues of the United + States" came to my hands yesterday at 2 o'clock p. m. On + perusing it I found its provisions so complex and uncertain + that I deemed it necessary to obtain the opinion of the + Attorney-General of the United States on several important + questions touching its construction and effect before I could + decide on the disposition to be made of it. The + Attorney-General took up the subject immediately, and his + reply was reported to me this day at 5 o'clock p. m., and is + hereunto annexed. As this officer, after a careful and + laborious examination of the bill and a distinct expression + of his opinion on the points proposed to him still came to + the conclusion that the construction of the bill, should it + become a law, would yet be a subject of much perplexity and + doubt (a view of the bill entirely coincident with my own), + and as I can not think it proper, in a matter of such vital + interest and of such constant application, to approve a bill + so liable to diversity of interpretations, and more + especially as I have not had time, amid the duties constantly + pressing on me, to give the subject that deliberate + consideration which its importance demands, I am constrained + to retain the bill, without acting definitively thereon; and + to the end that my reasons for this step may be fully + understood I shall cause this paper, with the opinion of the + Attorney-General and the bill in question, to be deposited in + the Department of State. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + ATTORNEY-GENERAL'S OFFICE,<br> + <i>March 3, 1837</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES. + </p> + <p> + SIR: I have had the honor to receive the several questions + proposed to me by you on the bill which has just passed the + two Houses of Congress, entitled "An act designating and + limiting the funds receivable for the revenues of the United + States," and which is now before you for consideration. These + questions may be arranged under three general heads, and in + that order I shall proceed to reply to them. + </p> + <p> + I. Will the proposed bill, if approved, repeal or alter the + laws now in force designating the currency required to be + received in payment of the public dues, for lands or + otherwise? + </p> + <p> + Will it compel the Treasury officers to receive the notes of + specie-paying banks having the characteristics described in + its first and second sections? + </p> + <p> + In what respect does it differ from and how far will it + change the joint resolution of April 30, 1816? + </p> + <p> + <i>Answer</i>. In order to a correct reply to this question, + and indeed to any other question arising on this obscurely + penned bill, we must first obtain a general view of all its + provisions. + </p> + <p> + The first section requires the Secretary of the Treasury to + take measures for collecting the public revenue, first, in + the legal currency of the United States (i.e., gold and + silver), or, second, in the notes of such specie-paying banks + as shall from time to time conform to certain conditions in + regard to small bills, described in the section. This section + does not expressly give the Secretary power to direct that + any particular notes <i>shall</i> be received for lands or + for duties, but it <i>forbids</i> the receipt of any paper + currency other than such bank notes as are described in the + section; and it requires the Secretary to adopt measures, in + his discretion, to effectuate that prohibition. + </p> + <p> + The second section extends the prohibition still further, by + forbidding the receipt of any notes which the banks in which + they are to be deposited shall not, under the supervision and + control of the Secretary of the Treasury, agree to pass to + the credit of the United States as <i>cash</i>; to which is + added a proviso authorizing the Secretary to withdraw the + public deposits from any bank which shall refuse to receive + as cash from the United States any notes receivable under the + law which such bank receives in the ordinary course of + business on general deposit. + </p> + <p> + The third and last section allows the receipt, as heretofore, + of land scrip and Treasury certificates for public lands, and + forbids the Secretary of the Treasury to make any + discrimination in the funds receivable (other than such as + results from the receipt of land scrip or Treasury + certificates) between the different branches of the public + revenue. + </p> + <p> + From this analysis of the bill it appears that, so far as + regards bank notes, the bill designates and limits then: + receivableness for the revenues of the United States, first, + by forbidding the receipts of any except such as have all the + characteristics described in the first and second sections of + the bill, and, secondly, by restraining the Secretary of the + Treasury from making any discrimination in this respect + between the different branches of the public revenue. In this + way the bill performs, to a certain extent, the office of + "designating and limiting the funds receivable for the + revenues of the United States," as mentioned in its title; + but it would seem from what has been stated that it is only + in this way that any such office is performed. This + impression will be fully confirmed as we proceed. + </p> + <p> + The bill, should it be approved, will be supplementary to the + laws now in force relating to the same subject, but as it + contains no repealing clause no provision of those former + laws, except such as may be plainly repugnant to the present + bill, will be repealed by it. + </p> + <p> + The existing laws embraced in the above question, and + applicable to the subject, are: + </p> + <p> + <i>First. As to duties on goods imported</i>.—The + seventy-fourth section of the collection law of the 2d of + March, 1799, the first of which, reenacting in this respect + the act of the 31st of July, 1789, provides "that all duties + and fees to be collected shall be <i>payable in money of the + United States or in foreign gold and silver coins</i> at the + following rates," etc. The residue of the section, as to + rates, has been altered by subsequent laws, and the clause + quoted was varied during the existence of the Bank of the + United States, the notes of which were expressly made + receivable in all payments to the United States, and during + the existence of the act making Treasury notes receivable by + such act; but in no other respects has it ever been repealed. + </p> + <p> + <i>Second. As to public lands.—</i>The general land law + of the 10th of May, 1800, section 5, provided that no lands + should be sold, "at either public or private sale, for less + than $2 per acre, and payment may be made for the same by all + purchasers <i>either in specie or in evidences of the public + debt of the United States,</i> at the rates prescribed" by a + prior law. This provision was varied by the acts relative to + Treasury notes and the Bank of the United States in like + manner as above mentioned. The second section of the general + land law of the 24th of April, 1820, abrogated the allowance + of credits on the sale of public lands after the its day of + July then next; required every purchaser at public sale to + make complete payment on the day of purchase, and the + purchaser at private sale to produce to the register a + receipt from the Treasurer of the United States or from the + receiver of the district for the amount of the purchase + money. The proviso to the fourth section of the same law + enacted, in respect to reverted lands and lands remaining + unsold, that they should not be sold for less price than + $1.25 per acre, "nor on any other terms than that of + <i>cash</i> payment." This latter act has been further + modified by the allowing Virginia land scrip to be received + in payment for public lands. + </p> + <p> + <i>Third. As to both duties and lands</i>.—The joint + resolution of the 30th of April, 1816, provides that the + Secretary of the Treasury "be required and directed to adopt + such measures as he may deem necessary to cause, as soon as + may be, all duties, taxes, debts, or sums of money accruing + or becoming payable to the United States to be collected and + paid in the legal currency of the United States, or Treasury + notes, or notes of the Bank of the United States, <i>as by + law provided and declared</i>, or in notes of banks which are + payable and paid on demand in the said legal currency of the + United States, and that from and after the 20th day of + February next no such duties, taxes, debts, or sums of money + accruing or becoming payable to the United States as + aforesaid ought to be collected or received otherwise than in + the legal currency of the United States, or Treasury notes, + or notes of the Bank of the United States, or in notes of + banks which are payable and paid on demand in the legal + currency of the United States." According to the opinion + given by me as a member of your Cabinet in the month of July + last, and to which I still adhere, this resolution was + mandatory only as it respected the legal currency of the + United States, Treasury notes, and notes of the Bank of the + United States, and in respect to the notes of the State + banks, though payable and paid in specie, was permissive + merely in the discretion of the Secretary; and in accordance + with this opinion has been the practical construction given + to the resolution by the Treasury Department. It is known to + you, however, that distinguished names have been vouched for + the opinion that the resolution was mandatory as to the notes + of all specie-paying banks; that the debtor had the right, at + his option, to make payment in such notes, and that if + tendered by him the Treasury officers had no discretion to + refuse them. + </p> + <p> + It is thus seen that the laws now in force, so far as they + <i>positively enjoin</i> the receipt of any particular + currency in payment of public dues, are confined to gold and + silver, except that in certain cases Virginia land scrip and + Treasury certificates are directed to be received on the sale + of public lands. In my opinion, there is nothing in the bill + before me repugnant to those laws. The bill does not + <i>expressly</i> declare and enact that any particular + species of currency <i>shall be receivable</i> in payment of + the public revenue. On the contrary, as the provisions of the + first and second sections are chiefly of a <i>negative</i> + character, I think they do not take away the power of the + Secretary, previously possessed under the acts of Congress, + and as the agent of the President, to <i>forbid</i> the + receipt of any bank notes which are not by some act of + Congress expressly made absolutely receivable in payment of + the public dues. + </p> + <p> + The above view will, I think, be confirmed by a closer + examination of the bill. It sets out with the assumption that + there is a currency established by law (i. e., gold and + silver); and it further assumes that the public revenue of + all descriptions ought to be collected exclusively in such + legal currency, or in bank notes of a certain character; and + therefore it provides that the Secretary of the Treasury + <i>shall</i> take measures to effect a collection of the + revenue "in the legal currency of the United States, + <i>or</i> in notes of banks which are payable and paid on + demand in the said legal currency," under certain + restrictions, afterwards mentioned in the act. + </p> + <p> + The question then arises: Are bank notes having the requisite + characteristics placed by the clause just quoted on the same + footing with the legal currency, so as to make it the duty of + the Secretary of the Treasury to allow the receipt of them + when tendered by the debtor? In my judgment, such is not the + effect of the provision. + </p> + <p> + If Congress had intended to make so important an alteration + of the existing law as to compel the receiving officers to + take payment in the bank notes described in the bill, the + natural phraseology would have been, "in the legal currency + of the United States <i>and</i> in notes of banks which are + payable and paid in the legal currency," etc. And it is + reasonable to presume that Congress would have used such, + phraseology, or would have gone on to make a distinct + provision expressly declaring that such bank notes <i>should + be receivable,</i> as was done in the bank charters of 1790 + and 1816, and as was also done by the acts relative to + evidences of debt, Treasury notes, and Virginia land scrip. + The form of one of these provisions (the fourteenth section + of the act incorporating the late Bank of the United States) + will illustrate the idea I desire to present: + </p> + <p> + "SEC. 14. <i>And be it further enacted,</i> That the bills or + notes of the said corporation, originally made payable, or + which shall have become payable, on demand, <i>shall be + receivable</i> in all payments to the United States, unless + otherwise directed by act of Congress." + </p> + <p> + The difference between the language there used and that + employed in the present bill is too obvious to require + comment. It is true that the word "or," when it occurs in + wills and agreements, is sometimes construed to mean "and," + in order to give effect to the plain intent of the parties; + and such a construction of the word may sometimes be given + when it occurs in statutes, where the general intent of the + lawmakers evidently requires it. But this construction of the + word in the present case is not only unnecessary, but, in my + opinion, repugnant to the whole scope of the bill, which, so + far from commanding the public officers to receive bank notes + in cases not required by the existing laws, introduces + several new prohibitions on the receipt of such notes. + </p> + <p> + Nor do I think this one of those cases in which a choice is + given to the debtor to pay in one or other of two + descriptions of currency, both of which are receivable by + law. Such a choice was given by the land law of the 10th of + May, 1800, section 5, between specie and the evidences of the + public debt of the United States then receivable by law, and + also by the joint resolution of the 30th of April, 1816, + between "the legal currency of the United States, or Treasury + notes, or notes of the Bank of the United States, as by law + provided and declared." The option given by that resolution + continued in force so long as the laws providing and + declaring that Treasury notes and notes of the Bank of the + United States should be receivable in payments to the United + States, and ceased when those laws expired. The distinction + between that description of paper currency which is by law + expressly made receivable in payment of public dues, and the + notes of the State banks, which were only <i>permitted</i> to + be received, is plainly marked in the resolution of 1816. + While the former are placed on the same footing with the + legal currency, because by previous laws it had been so + "<i>provided and declared</i>" the latter were left to be + received or not received, at the discretion of the Secretary + of the Treasury, except that he was restricted from allowing + any to be received which were not payable and paid on demand + in the legal currency. The bank notes spoken of in the bill + before me, having never been made receivable by law, must be + regarded as belonging to the latter class, and not to the + former; and there can therefore be no greater obligation + under the present bill, should it become a law, to receive + them in payment than there was to receive the paper of the + State banks under the resolution of 1816. + </p> + <p> + As to the difference between this bill and the joint + resolution of 1816, the bill differs from that resolution in + the following particulars: + </p> + <p> + First. It says nothing of Treasury notes and the notes of the + Bank of the United States, which by the resolution of 1816 + are recognized as having been made receivable by laws then in + force in payment of public dues of all descriptions. + </p> + <p> + Second. It abridges the discretion left with the Secretary of + the Treasury by that resolution, by positively forbidding the + receipt of bank notes not having the characteristics + described in the first and second sections of the bill; + whereas the receipt of some of the notes so forbidden might, + under the resolution of 1816, have been allowed by the + Secretary. + </p> + <p> + Third. It forbids the making of any discrimination in respect + to the receipt of bank notes between the different branches + of the public revenue; whereas the Secretary of the Treasury, + under the resolution of 1816, was subject to no such + restraint, and had the power to make the discrimination + forbidden by the bill, except as to the notes of the Bank of + the United States and Treasury notes. + </p> + <p> + This bill, if approved, will change the resolution of 1816, + so far as it now remains in force, in the second and third + particulars just mentioned, but in my opinion, as already + suggested, will change it in no other respect. + </p> + <p> + II. What is the extent of the supervision and control allowed + by this bill to the Secretary of the Treasury over the notes + to be received by the deposit banks? + </p> + <p> + And does it allow him to direct what particular notes shall + or shall not be received for lands or for duties? + </p> + <p> + <i>Answer</i>. After maturely considering, so far as time has + been allowed me, the several provisions of the bill, I think + the following conclusions may fairly be drawn from them when + taken in connection with the laws now in force, and above + referred to, and that should it become a law they will + probably express its legal effect. + </p> + <p> + First. That the Secretary of the Treasury <i>can not + direct</i> the receipt of any notes except such as are issued + by banks which conform to the first section of the law and + such as will be passed by the proper deposit bank to the + credit of the United States as <i>cash</i>. + </p> + <p> + Second. That he <i>may direct</i> the receipt of notes issued + by banks which conform to the first section, provided the + deposit bank in which the notes are to be deposited shall + agree to credit them as cash. + </p> + <p> + Third. That if the deposit bank in which the money is to be + deposited shall refuse to receive as cash the notes + designated by the Secretary, and which such bank receives in + the ordinary course of business on general deposit, he may + withdraw the public deposits and select another depository + which will agree to receive them. + </p> + <p> + Fourth. That if he can not find a depository which will so + agree, then that the Secretary can not direct or authorize + the receipt of any notes except such as the deposit bank + primarily entitled to the deposits will agree to receive and + deposit as cash. + </p> + <p> + Fifth. That although a deposit bank might be willing to + receive from the collectors and receivers, and to credit as + <i>cash</i>, notes of certain banks which conform to the + first section, yet, for the reasons before stated, I am of + opinion that the Secretary is not <i>obliged</i> to allow the + receipt of such notes. + </p> + <p> + Sixth. The Secretary is forbidden to make any discrimination + in <i>the funds receivable</i> "between the different + branches of the public revenue," and therefore, though he may + forbid the receipt of the notes of any particular bank or + class of banks not excluded by the bill, and may forbid the + receipt of notes of denominations larger than those named in + the bill, yet when he issues any such prohibition it must + apply to <i>all</i> the branches of the public revenue. + </p> + <p> + Seventh. If I am right in the foregoing propositions, the + result will be that the proposed law will leave in the + Secretary of the Treasury power to <i>prohibit</i> the + receipt of particular <i>notes provided his prohibition apply + to both lands and duties,</i> and power to <i>direct</i> what + particular notes allowed by the law shall be received + <i>provided he can find a deposit bank which will agree to + receive and [credit] them as cash</i>. + </p> + <p> + III. Are the deposit banks the sole judges under this bill of + what notes they will receive, or are they bound to receive + the notes of every specie-paying bank, chartered or + unchartered, wherever situated, in any part of the United + States? + </p> + <p> + <i>Answer</i>. In my opinion the deposit banks, under the + bill in question, will be the sole judges of the notes to be + received by them from any collector or receiver of public + money, and they will not be bound to receive the notes of any + other bank whose notes they may choose to reject, provided + they apply the same rule to the United States which they + apply to their own depositors. In other words, the general + rule as to what notes are to be received as cash, prescribed + by each deposit bank for the regulation of its ordinary + business, must be complied with by the collectors and + receivers whose moneys are to be deposited with that bank. + But it will not therefore follow that those officers will be + bound to receive what the bank generally receives, because, + as already stated, they may refuse of their own accord, or + under the direction of the Secretary of the Treasury, any + bank notes not expressly directed by act of Congress to be + received in payment of the public dues. + </p> + <p> + I have thus answered the several questions proposed on the + bill before me; and though I have been necessarily obliged to + examine the subject with much haste, I have no other doubts + as to the soundness of the construction above given than such + as belong to discussions of this nature and to a proper sense + of the fallibility of human judgment. It is, however, my duty + to remind you that very different opinions were expressed in + the course of the debates on the proposed law by some of the + members who took part therein. It would seem from these + debates that the bill, in some instances at least, was + supported under the impression that it would compel the + Treasury officers to receive all bank notes possessing all + the characteristics described in the first and second + sections, and that the Secretary of the Treasury would have + no power to forbid their receipt. It must be confessed that + the language is sufficiently ambiguous to give some + plausibility to such a construction, and that it seems to + derive some support from the refusal of the House of + Representatives to consider an amendment reported by the + Committee of Ways and Means of that House, which would + substantially have given the bill, in explicit terms, the + interpretation I have put on it, and have removed the + uncertainty which now pervades it. Under these circumstances + it may reasonably be expected that the true meaning of the + bill, should it be passed into a law, will become a subject + of discussion and controversy, and probably remain involved + in much perplexity and doubt until it shall have been settled + by a judicial decision. How far these latter considerations + are to be regarded by you in your decision on the bill is a + question which belongs to another place, and on which, + therefore, I forbear to enlarge in this communication. I have + the honor to be, sir, with high respect, your obedient + servant, + </p> + <p class="r"> + B.F. BUTLER. + </p> + <p> + + </p> + <center> + AN ACT designating and limiting the funds receivable for the + revenues of the United States. + </center> + <p> + <i>Be it enacted by the Senate and House of Representatives + of the United States of America in Congress assembled</i>. + That the Secretary of the Treasury be, and hereby is, + required to adopt such measures as he may deem necessary to + effect a collection of the public revenue of the United + States, whether arising from duties, taxes, debts, or sales + of lands, in the manner and on the principles herein + provided; that is, that no such duties, taxes, debts, or sums + of money, payable for lands, shall be collected or received + otherwise than in the legal currency of the United States, or + in notes of banks which are payable and paid on demand in the + said legal currency of the United States under the following + restrictions and conditions in regard to such notes, to wit: + From and after the passage of this act the notes of no bank + which shall issue or circulate bills or notes of a less + denomination than five dollars shall be received on account + of the public dues; and from and after the thirtieth day of + December, eighteen hundred and thirty-nine, the notes of no + bank which shall issue or circulate bills or notes of a less + denomination than ten dollars shall be so receivable; and + from and after the thirtieth day of December, one thousand + eight hundred and forty-one, the like prohibition shall be + extended to the notes of all banks issuing bills or notes of + a less denomination than twenty dollars. + </p> + <p> + SEC. 2. <i>And be it further enacted,</i> That no notes shall + be received by the collectors or receivers of the public + money which the banks in which they are to be deposited shall + not, under the supervision and control of the Secretary of + the Treasury, agree to pass to the credit of the United + States as cash: <i>Provided</i>, That if any deposit bank + shall refuse to receive and pass to the credit of the United + States as cash any notes receivable under the provisions of + this act, which said bank, in the ordinary course of + business, receives on general deposit, the Secretary of the + Treasury is hereby authorized to withdraw the public deposits + from said bank. + </p> + <p> + SEC. 3. <i>And be it further enacted,</i> That this act shall + not be so construed as to prohibit receivers or collectors of + the dues of the Government from receiving for the public + lands any kind of land scrip or Treasury certificates now + authorized by law, but the same shall hereafter be received + for the public lands in the same way and manner as has + heretofore been practiced; and it shall not be lawful for the + Secretary of the Treasury to make any discrimination in the + funds receivable between the different branches of the public + revenue, except as is provided in this section. + </p> + <p class="r"> + JAMES K. POLK,<br> + <i>Speaker of the House of Representatives</i>. + </p> + <p class="r"> + W.R. KING,<br> + <i>President of the Senate pro tempore</i>. + </p> + <p> + I certify that this act did originate in the Senate. + </p> + <p class="r"> + ASBURY DICKINS,<br> + <i>Secretary</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + [From Senate Journal, Twenty-fourth Congress, second session, + p. 355.] + </center> + <p class="r"> + DECEMBER 20, 1836. + </p> + <p> + <i>The President of the United States to + ———, Senator for the State of + ———</i>. + </p> + <p> + By virtue of the power vested in me by the Constitution, I + hereby convene the Senate of the United States to meet in the + Senate Chamber on the 4th day of March next, at 10 o'clock in + the forenoon, to receive any communication the President of + the United States may think it his duty to make. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + EXECUTIVE ORDERS. + </h2> + <p class="r"> + WAR DEPARTMENT,<br> + <i>February 15, 1837</i>. + </p> + <p> + Major-General ALEXANDER MACOMB,<br> + <i>President of the Court of Inquiry, etc.</i> + </p> + <p> + SIR: I have the honor to inclose a copy of the opinion of the + President of the United States on the proceedings of the + court of inquiry of which you are president, relative to the + campaign against the Creek Indians, and, in compliance with + the direction at the close thereof, to transmit herewith + those proceedings, with the documentary evidence referred to + therein, for the further action of the court. + </p> + <p> + Very respectfully, your most obedient servant, + </p> + <p class="r"> + B.F. BUTLER,<br> + <i>Secretary of War ad interim</i>. + </p> + <p> + P.S.—The proceedings and a portion of the documents + accompany this. The balance of the documents (except Nos. 204 + and 209, which will be sent to-morrow) are in a separate + package, and sent by the same mail. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 14, 1837</i>. + </p> + <p> + The President has carefully examined the proceedings of the + court of inquiry recently held at the city of Frederick, by + virtue of Orders Nos. 65 and 68, so far as the same relate to + the causes of the delay in opening and prosecuting the + campaign in Georgia and Alabama against the hostile Creek + Indians in the year 1836, and has maturely considered the + opinion of the court on this part of the subject referred to + it. + </p> + <p> + The order constituting the court directs it, among other + things— + </p> + <p class="q"> + To inquire and examine into the causes of the delay in + opening and prosecuting the campaign in Georgia and Alabama + against the hostile Creek Indians in the year 1836, and into + every subject connected with the military operations in the + campaign aforesaid, and, after fully investigating the same, + to report the facts, together with its opinion on the whole + subject, for the information of the President. + </p> + <p> + It appears from the proceedings that after the testimony of + nine witnesses had been received by the court, and after more + than one hundred documents bearing on the subject had also + been produced in evidence, and after Major-General Scott had + addressed the court on the subject, the court proceeded to + pronounce its opinion, as follows: + </p> + <p class="q"> + Upon a careful examination of the abundant testimony taken in + the foregoing case the court is of opinion that no delay + which it was practicable to have avoided was made by + Major-General Scott in opening the campaign against the Creek + Indians. On the contrary, it appears that he took the + earliest measures to provide arms, munitions, and provisions + for his forces, who were found almost wholly destitute; and + as soon as arms could be put into the hands of the volunteers + they were, in succession, detached and placed in position to + prevent the enemy from retiring upon Florida, and whence they + could move against the main body of the enemy as soon as + equipped for offensive operations. + </p> + <p class="q"> + From the testimony of the governor of Georgia, of + Major-General Sanford, commander of the Georgia volunteers, + and many other witnesses of high rank and standing who were + acquainted with the topography of the country and the + position and strength of the enemy, the court is of opinion + that the plan of campaign adopted by Major-General Scott was + well calculated to lead to successful results, and that it + was prosecuted by him, as far as practicable, with zeal and + ability, until recalled from the command upon representations + made by Major-General Jesup, his second in command, from Fort + Mitchell, in a letter bearing date the 20th of June, 1836, + addressed to F.P. Blair, esq., at Washington, marked + "private," containing a request that it be shown to the + President; which letter was exposed and brought to light by + the dignified and magnanimous act of the President in causing + it to be placed on file in the Department of War as an + official document, and which forms part of the proceedings. + (See Document No. 214.) Conduct so extraordinary and + inexplicable on the part of Major-General Jesup, in reference + to the character of said letter, should, in the opinion of + the court, be investigated. + </p> + <p> + The foregoing opinion is not accompanied by any report of the + <i>facts</i> in the case, as required by the order + constituting the court; on the contrary, the facts are left + to be gathered from the mass of oral and documentary evidence + contained in the proceedings, and thus a most important part + of the duty assigned to the court remains unexecuted. Had the + court stated the facts of the case as established to its + satisfaction by the evidence before it, the President, on + comparing such state of facts found by the court with its + opinion, would have distinctly understood the views + entertained by the court in respect to the degree of + promptitude and energy which ought to be displayed in a + campaign against Indians—and one which the President's + examination of the evidence has not supplied, inasmuch as he + has no means of knowing whether the conclusions drawn by him + from the evidence agree with those of the court. + </p> + <p> + The opinion of the court is also argumentative, and wanting + in requisite precision, inasmuch as it states that "no delay + <i>which it was practicable to have avoided was made by + Major-General Scott</i> in opening the campaign against the + Creek Indians," etc.; thus leaving it to be inferred, but not + distinctly finding, that there was some delay, and that it + was made by some person other than Major-General Scott, + without specifying in what such delay consisted, when it + occurred, how long it continued, nor by whom it was + occasioned. Had the court found a state of facts, as required + by the order constituting it, the uncertainty now existing in + this part of the opinion would have been obviated and the + justice of the opinion itself readily determined. + </p> + <p> + That part of the opinion of the court which animadverts on + the letter addressed by Major-General Jesup to F.P. Blair, + esq., bearing date the 20th of June, 1836, and which presents + the same as a subject demanding investigation, appears to the + President to be wholly unauthorized by the order constituting + the court, and by which its jurisdiction was confined to an + inquiry into the causes of the delay in opening and + prosecuting the campaign against the hostile Creeks and into + such subjects as were connected with the military operations + in that campaign. The causes of the recall of Major-General + Scott from the command and the propriety or impropriety of + the conduct of General Jesup in writing the letter referred + to were not submitted to the court as subjects of inquiry. + The court itself appears to have been of this opinion, + inasmuch as no notice was given to General Jesup of the + pendency of the proceedings, nor had he any opportunity to + cross-examine and interrogate the witnesses, nor to be heard + in respect to his conduct in the matter remarked on by the + court. + </p> + <p> + For the several reasons above assigned, the President + disapproves the opinion of the court, and remits to it the + proceedings in question, to the end that the court may resume + the consideration of the evidence and from the same, and from + such further evidence as shall be taken (in case the court + shall deem it necessary to take further evidence), may + ascertain and report with distinctness and precision, + especially as to time, place, distances, and other + circumstances, all the facts touching the opening and + prosecuting of the campaign in Georgia and Alabama against + the hostile Creek Indians in the year 1836, and the military + operations in the said campaign, and touching the delay, if + any there was, in the opening or prosecuting of said + campaign, and the causes of such delay; and to the end, also, + that the court, whilst confining its opinion to the + subject-matters submitted to it, may fully and distinctly + express its opinion on those matters for the information of + the President. + </p> + <p> + The Secretary of War <i>ad interim</i> will cause the + proceedings of the court on the subject of the campaign + against the Creek Indians, with the documentary evidence + referred to therein and a copy of the foregoing opinion, to + be transmitted to Major-General Alexander Macomb, president + of the court, for the proper action thereon. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 18, 1837</i>. + </p> + <p> + The proceedings of the court of inquiry recently assembled + and still sitting at Frederick by virtue of Orders Nos. 65 + and 68, so far as the same relate to the causes of the + failure of the campaign of Major-General Scott against the + Seminole Indians in 1836, were heretofore submitted to the + President, and the examination thereof suspended in + consequence of the necessary connection between the case of + Major-General Scott and that of Major-General Gaines, also + referred to the same court, and not yet reported on. Certain + other proceedings of the same court having been since + examined by the President, and having been found defective, + and therefore remitted to the court for reconsideration, the + President has deemed it proper, in order to expedite the + matter, to look into the first-mentioned proceedings for the + purpose of ascertaining whether or not the like defects + existed therein. On this inspection of the record he + perceives that the court has not reported, except in a few + instances, the facts of the case, as required by the order + constituting the court, and in those instances the facts + found by the court are stated in a very general form and + without sufficient minuteness and precision; and he therefore + remits the said proceedings to the court, to the end that the + court may resume the consideration of the evidence, and from + the same, and from such further evidence as may be taken (in + case the court shall deem it necessary to take further + evidence), may ascertain and report with distinctness and + precision all the facts touching the subject to be inquired + of, established to the satisfaction of the court by the + evidence before it, and especially the times when and places + where the several occurrences which are deemed material by + the court in the formation of its opinion actually took + place, with the amount of force on both sides at the + different periods of time embraced in the transactions, and + the positions thereof, and such other circumstances as are + deemed material by the court; together with its opinion on + the whole subject, for the information of the President. + </p> + <p> + The Secretary of War <i>ad interim</i> will cause the + proceedings of the court in the case of Major-General Scott, + first above mentioned, with the documentary evidence referred + to therein and a copy hereof, to be transmitted to + Major-General Alexander Macomb, president of the court, for + the proper action thereon. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FAREWELL ADDRESS. + </h2> + <p class="r"> + MARCH 4, 1837. + </p> + <p> + FELLOW-CITIZENS: Being about to retire finally from public + life, I beg leave to offer you my grateful thanks for the + many proofs of kindness and confidence which I have received + at your hands. It has been my fortune in the discharge of + public duties, civil and military, frequently to have found + myself in difficult and trying situations, where prompt + decision and energetic action were necessary, and where the + interest of the country required that high responsibilities + should be fearlessly encountered; and it is with the deepest + emotions of gratitude that I acknowledge the continued and + unbroken confidence with which you have sustained me in every + trial. My public life has been a long one, and I can not hope + that it has at all times been free from errors; but I have + the consolation of knowing that if mistakes have been + committed they have not seriously injured the country I so + anxiously endeavored to serve, and at the moment when I + surrender my last public trust I leave this great people + prosperous and happy, in the full enjoyment of liberty and + peace, and honored and respected by every nation of the + world. + </p> + <p> + If my humble efforts have in any degree contributed to + preserve to you these blessings, I have been more than + rewarded by the honors you have heaped upon me, and, above + all, by the generous confidence with which you have supported + me in every peril, and with which you have continued to + animate and cheer my path to the closing hour of my political + life. The time has now come when advanced age and a broken + frame warn me to retire from public concerns, but the + recollection of the many favors you have bestowed upon me is + engraven upon my heart, and I have felt that I could not part + from your service without making this public acknowledgment + of the gratitude I owe you. And if I use the occasion to + offer to you the counsels of age and experience, you will, I + trust, receive them with the same indulgent kindness which + you have so often extended to me, and will at least see in + them an earnest desire to perpetuate in this favored land the + blessings of liberty and equal law. + </p> + <p> + We have now lived almost fifty years under the Constitution + framed by the sages and patriots of the Revolution. The + conflicts in which the nations of Europe were engaged during + a great part of this period, the spirit in which they waged + war against each other, and our intimate commercial + connections with every part of the civilized world rendered + it a time of much difficulty for the Government of the United + States. We have had our seasons of peace and of war, with all + the evils which precede or follow a state of hostility with + powerful nations. We encountered these trials with our + Constitution yet in its infancy, and under the disadvantages + which a new and untried government must always feel when it + is called upon to put forth its whole strength without the + lights of experience to guide it or the weight of precedents + to justify its measures. But we have passed triumphantly + through all these difficulties. Our Constitution is no longer + a doubtful experiment, and at the end of nearly half a + century we find that it has preserved unimpaired the + liberties of the people, secured the rights of property, and + that our country has improved and is flourishing beyond any + former example in the history of nations. + </p> + <p> + In our domestic concerns there is everything to encourage us, + and if you are true to yourselves nothing can impede your + march to the highest point of national prosperity. The States + which had so long been retarded in their improvement by the + Indian tribes residing in the midst of them are at length + relieved from the evil, and this unhappy race—the + original dwellers in our land—are now placed in a + situation where we may well hope that they will share in the + blessings of civilization and be saved from that degradation + and destruction to which they were rapidly hastening while + they remained in the States; and while the safety and comfort + of our own citizens have been greatly promoted by their + removal, the philanthropist will rejoice that the remnant of + that ill-fated race has been at length placed beyond the + reach of injury or oppression, and that the paternal care of + the General Government will hereafter watch over them and + protect them. + </p> + <p> + If we turn to our relations with foreign powers, we find our + condition equally gratifying. Actuated by the sincere desire + to do justice to every nation and to preserve the blessings + of peace, our intercourse with them has been conducted on the + part of this Government in the spirit of frankness; and I + take pleasure in saying that it has generally been met in a + corresponding temper. Difficulties of old standing have been + surmounted by friendly discussion and the mutual desire to be + just, and the claims of our citizens, which had been long + withheld, have at length been acknowledged and adjusted and + satisfactory arrangements made for their final payment; and + with a limited, and I trust a temporary, exception, our + relations with every foreign power are now of the most + friendly character, our commerce continually expanding, and + our flag respected in every quarter of the world. + </p> + <p> + These cheering and grateful prospects and these multiplied + favors we owe, under Providence, to the adoption of the + Federal Constitution. It is no longer a question whether this + great country can remain happily united and flourish under + our present form of government. Experience, the unerring test + of all human undertakings, has shown the wisdom and foresight + of those who formed it, and has proved that in the union of + these States there is a sure foundation for the brightest + hopes of freedom and for the happiness of the people. At + every hazard and by every sacrifice this Union must be + preserved. + </p> + <p> + The necessity of watching with jealous anxiety for the + preservation of the Union was earnestly pressed upon his + fellow-citizens by the Father of his Country in his Farewell + Address. He has there told us that "while experience shall + not have demonstrated its impracticability, there will always + be reason to distrust the patriotism of those who in any + quarter may endeavor to weaken its bands;" and he has + cautioned us in the strongest terms against the formation of + parties on geographical discriminations, as one of the means + which might disturb our Union and to which designing men + would be likely to resort. + </p> + <p> + The lessons contained in this invaluable legacy of Washington + to his countrymen should be cherished in the heart of every + citizen to the latest generation; and perhaps at no period of + time could they be more usefully remembered than at the + present moment; for when we look upon the scenes that are + passing around us and dwell upon the pages of his parting + address, his paternal counsels would seem to be not merely + the offspring of wisdom and foresight, but the voice of + prophecy, foretelling events and warning us of the evil to + come. Forty years have passed since this imperishable + document was given to his countrymen. The Federal + Constitution was then regarded by him as an + experiment—and he so speaks of it in his + Address—but an experiment upon the success of which the + best hopes of his country depended; and we all know that he + was prepared to lay down his life, if necessary, to secure to + it a full and a fair trial. The trial has been made. It has + succeeded beyond the proudest hopes of those who framed it. + Every quarter of this widely extended nation has felt its + blessings and shared in the general prosperity produced by + its adoption. But amid this general prosperity and splendid + success the dangers of which he warned us are becoming every + day more evident, and the signs of evil are sufficiently + apparent to awaken the deepest anxiety in the bosom of the + patriot. We behold systematic efforts publicly made to sow + the seeds of discord between different parts of the United + States and to place party divisions directly upon + geographical distinctions; to excite the <i>South</i> against + the <i>North</i> and the <i>North</i> against the + <i>South</i>, and to force into the controversy the most + delicate and exciting topics—topics upon which it is + impossible that a large portion of the Union can ever speak + without strong emotion. Appeals, too, are constantly made to + sectional interests in order to influence the election of the + Chief Magistrate, as if it were desired that he should favor + a particular quarter of the country instead of fulfilling the + duties of his station with impartial justice to all; and the + possible dissolution of the Union has at length become an + ordinary and familiar subject of discussion. Has the warning + voice of Washington been forgotten, or have designs already + been formed to sever the Union? Let it not be supposed that I + impute to all of those who have taken an active part in these + unwise and unprofitable discussions a want of patriotism or + of public virtue. The honorable feeling of State pride and + local attachments finds a place in the bosoms of the most + enlightened and pure. But while such men are conscious of + their own integrity and honesty of purpose, they ought never + to forget that the citizens of other States are their + political brethren, and that however mistaken they may be in + their views, the great body of them are equally honest and + upright with themselves. Mutual suspicions and reproaches may + in time create mutual hostility, and artful and designing men + will always be found who are ready to foment these fatal + divisions and to inflame the natural jealousies of different + sections of the country. The history of the world is full of + such examples, and especially the history of republics. + </p> + <p> + What have you to gain by division and dissension? Delude not + yourselves with the belief that a breach once made may be + afterwards repaired. If the Union is once severed, the line + of separation will grow wider and wider, and the + controversies which are now debated and settled in the halls + of legislation will then be tried in fields of battle and + determined by the sword. Neither should you deceive + yourselves with the hope that the first line of separation + would be the permanent one, and that nothing but harmony and + concord would be found in the new associations formed upon + the dissolution of this Union. Local interests would still be + found there, and unchastened ambition. And if the + recollection of common dangers, in which the people of these + United States stood side by side against the common foe, the + memory of victories won by their united valor, the prosperity + and happiness they have enjoyed under the present + Constitution, the proud name they bear as citizens of this + great Republic—if all these recollections and proofs of + common interest are not strong enough to bind us together as + one people, what tie will hold united the new divisions of + empire when these bonds have been broken and this Union + dissevered? The first line of separation would not last for a + single generation; new fragments would be torn off, new + leaders would spring up, and this great and glorious Republic + would soon be broken into a multitude of petty States, + without commerce, without credit, jealous of one another, + armed for mutual aggression, loaded with taxes to pay armies + and leaders, seeking aid against each other from foreign + powers, insulted and trampled upon by the nations of Europe, + until, harassed with conflicts and humbled and debased in + spirit, they would be ready to submit to the absolute + dominion of any military adventurer and to surrender their + liberty for the sake of repose. It is impossible to look on + the consequences that would inevitably follow the destruction + of this Government and not feel indignant when we hear cold + calculations about the value of the Union and have so + constantly before us a line of conduct so well calculated to + weaken its ties. + </p> + <p> + There is too much at stake to allow pride or passion to + influence your decision. Never for a moment believe that the + great body of the citizens of any State or States can + deliberately intend to do wrong. They may, under the + influence of temporary excitement or misguided opinions, + commit mistakes; they may be misled for a time by the + suggestions of self-interest; but in a community so + enlightened and patriotic as the people of the United States + argument will soon make them sensible of their errors, and + when convinced they will be ready to repair them. If they + have no higher or better motives to govern them, they will at + least perceive that their own interest requires them to be + just to others, as they hope to receive justice at their + hands. + </p> + <p> + But in order to maintain the Union unimpaired it is + absolutely necessary that the laws passed by the constituted + authorities should be faithfully executed in every part of + the country, and that every good citizen should at all times + stand ready to put down, with the combined force of the + nation, every attempt at unlawful resistance, under whatever + pretext it may be made or whatever shape it may assume. + Unconstitutional or oppressive laws may no doubt be passed by + Congress, either from erroneous views or the want of due + consideration; if they are within the reach of judicial + authority, the remedy is easy and peaceful; and if, from the + character of the law, it is an abuse of power not within the + control of the judiciary, then free discussion and calm + appeals to reason and to the justice of the people will not + fail to redress the wrong. But until the law shall be + declared void by the courts or repealed by Congress no + individual or combination of individuals can be justified in + forcibly resisting its execution. It is impossible that any + government can continue to exist upon any other principles. + It would cease to be a government and be unworthy of the name + if it had not the power to enforce the execution of its own + laws within its own sphere of action. + </p> + <p> + It is true that cases may be imagined disclosing such a + settled purpose of usurpation and oppression on the part of + the Government as would justify an appeal to arms. These, + however, are extreme cases, which we have no reason to + apprehend in a government where the power is in the hands of + a patriotic people. And no citizen who loves his country + would in any case whatever resort to forcible resistance + unless he clearly saw that the time had come when a freeman + should prefer death to submission; for if such a struggle is + once begun, and the citizens of one section of the country + arrayed in arms against those of another in doubtful + conflict, let the battle result as it may, there will be an + end of the Union and with it an end to the hopes of freedom. + The victory of the injured would not secure to them the + blessings of liberty; it would avenge their wrongs, but they + would themselves share in the common ruin. + </p> + <p> + But the Constitution can not be maintained nor the Union + preserved, in opposition to public feeling, by the mere + exertion of the coercive powers confided to the General + Government. The foundations must be laid in the affections of + the people, in the security it gives to life, liberty, + character, and property in every quarter of the country, and + in the fraternal attachment which the citizens of the several + States bear to one another as members of one political + family, mutually contributing to promote the happiness of + each other. Hence the citizens of every State should + studiously avoid everything calculated to wound the + sensibility or offend the just pride of the people of other + States, and they should frown upon any proceedings within + their own borders likely to disturb the tranquillity of their + political brethren in other portions of the Union. In a + country so extensive as the United States, and with pursuits + so varied, the internal regulations of the several States + must frequently differ from one another in important + particulars, and this difference is unavoidably increased by + the varying principles upon which the American colonies were + originally planted—principles which had taken deep root + in their social relations before the Revolution, and + therefore of necessity influencing their policy since they + became free and independent States. But each State has the + unquestionable right to regulate its own internal concerns + according to its own pleasure, and while it does not + interfere with the rights of the people of other States or + the rights of the Union, every State must be the sole judge + of the measures proper to secure the safety of its citizens + and promote their happiness; and all efforts on the part of + people of other States to cast odium upon their institutions, + and all measures calculated to disturb their rights of + property or to put in jeopardy their peace and internal + tranquillity, are in direct opposition to the spirit in which + the Union was formed, and must endanger its safety. Motives + of philanthropy may be assigned for this unwarrantable + interference, and weak men may persuade themselves for a + moment that they are laboring in the cause of humanity and + asserting the rights of the human race; but everyone, upon + sober reflection, will see that nothing but mischief can come + from these improper assaults upon the feelings and rights of + others. Rest assured that the men found busy in this work of + discord are not worthy of your confidence, and deserve your + strongest reprobation. + </p> + <p> + In the legislation of Congress also, and in every measure of + the General Government, justice to every portion of the + United States should be faithfully observed. No free + government can stand without virtue in the people and a lofty + spirit of patriotism, and if the sordid feelings of mere + selfishness shall usurp the place which ought to be filled by + public spirit, the legislation of Congress will soon be + converted into a scramble for personal and sectional + advantages. Under our free institutions the citizens of every + quarter of our country are capable of attaining a high degree + of prosperity and happiness without seeking to profit + themselves at the expense of others; and every such attempt + must in the end fail to succeed, for the people in every part + of the United States are too enlightened not to understand + their own rights and interests and to detect and defeat every + effort to gain undue advantages over them; and when such + designs are discovered it naturally provokes resentments + which can not always be easily allayed. Justice—full + and ample justice—to every portion of the United States + should be the ruling principle of every freeman, and should + guide the deliberations of every public body, whether it be + State or national. + </p> + <p> + It is well known that there have always been those amongst us + who wish to enlarge the powers of the General Government, and + experience would seem to indicate that there is a tendency on + the part of this Government to overstep the boundaries marked + out for it by the Constitution. Its legitimate authority is + abundantly sufficient for all the purposes for which it was + created and its powers being expressly enumerated, there can + be no justification for claiming anything beyond them. Every + attempt to exercise power beyond these limits should be + promptly and firmly opposed, for one evil example will lead + to other measures still more mischievous; and if the + principle of constructive powers or supposed advantages or + temporary circumstances shall ever be permitted to justify + the assumption of a power not given by the Constitution, the + General Government will before long absorb all the powers of + legislation, and you will have in effect but one consolidated + government. From the extent of our country, its diversified + interests, different pursuits, and different habits, it is + too obvious for argument that a single consolidated + government would be wholly inadequate to watch over and + protect its interests; and every friend of our free + institutions should be always prepared to maintain unimpaired + and in full vigor the rights and sovereignty of the States + and to confine the action of the General Government strictly + to the sphere of its appropriate duties. + </p> + <p> + There is, perhaps, no one of the powers conferred on the + Federal Government so liable to abuse as the taxing power. + The most productive and convenient sources of revenue were + necessarily given to it, that it might be able to perform the + important duties imposed upon it; and the taxes which it lays + upon commerce being concealed from the real payer in the + price of the article, they do not so readily attract the + attention of the people as smaller sums demanded from them + directly by the taxgatherer. But the tax imposed on goods + enhances by so much the price of the commodity to the + consumer, and as many of these duties are imposed on articles + of necessity which are daily used by the great body of the + people, the money raised by these imposts is drawn from their + pockets. Congress has no right under the Constitution to take + money from the people unless it is required to execute some + one of the specific powers intrusted to the Government; and + if they raise more than is necessary for such purposes, it is + an abuse of the power of taxation, and unjust and oppressive. + It may indeed happen that the revenue will sometimes exceed + the amount anticipated when the taxes were laid. When, + however, this is ascertained, it is easy to reduce them, and + in such a case it is unquestionably the duty of the + Government to reduce them, for no circumstances can justify + it in assuming a power not given to it by the Constitution + nor in taking away the money of the people when it is not + needed for the legitimate wants of the Government. + </p> + <p> + Plain as these principles appear to be, you will yet find + there is a constant effort to induce the General Government + to go beyond the limits of its taxing power and to impose + unnecessary burdens upon the people. Many powerful interests + are continually at work to procure heavy duties on commerce + and to swell the revenue beyond the real necessities of the + public service, and the country has already felt the + injurious effects of their combined influence. They succeeded + in obtaining a tariff of duties bearing most oppressively on + the agricultural and laboring classes of society and + producing a revenue that could not be usefully employed + within the range of the powers conferred upon Congress, and + in order to fasten upon the people this unjust and unequal + system of taxation extravagant schemes of internal + improvement were got up in various quarters to squander the + money and to purchase support. Thus one unconstitutional + measure was intended to be upheld by another, and the abuse + of the power of taxation was to be maintained by usurping the + power of expending the money in internal improvements. You + can not have forgotten the severe and doubtful struggle + through which we passed when the executive department of the + Government by its veto endeavored to arrest this prodigal + scheme of injustice and to bring back the legislation of + Congress to the boundaries prescribed by the Constitution. + The good sense and practical judgment of the people when the + subject was brought before them sustained the course of the + Executive, and this plan of unconstitutional expenditures for + the purposes of corrupt influence is, I trust, finally + overthrown. + </p> + <p> + The result of this decision has been felt in the rapid + extinguishment of the public debt and the large accumulation + of a surplus in the Treasury, notwithstanding the tariff was + reduced and is now very far below the amount originally + contemplated by its advocates. But, rely upon it, the design + to collect an extravagant revenue and to burden you with + taxes beyond the economical wants of the Government is not + yet abandoned. The various interests which have combined + together to impose a heavy tariff and to produce an + overflowing Treasury are too strong and have too much at + stake to surrender the contest. The corporations and wealthy + individuals who are engaged in large manufacturing + establishments desire a high tariff to increase their gains. + Designing politicians will support it to conciliate their + favor and to obtain the means of profuse expenditure for the + purpose of purchasing influence in other quarters; and since + the people have decided that the Federal Government can not + be permitted to employ its income in internal improvements, + efforts will be made to seduce and mislead the citizens of + the several States by holding out to them the deceitful + prospect of benefits to be derived from a surplus revenue + collected by the General Government and annually divided + among the States; and if, encouraged by these fallacious + hopes, the States should disregard the principles of economy + which ought to characterize every republican government, and + should indulge in lavish expenditures exceeding their + resources, they will before long find themselves oppressed + with debts which they are unable to pay, and the temptation + will become irresistible to support a high tariff in order to + obtain a surplus for distribution. Do not allow yourselves, + my fellow-citizens, to be misled on this subject. The Federal + Government can not collect a surplus for such purposes + without violating the principles of the Constitution and + assuming powers which have not been granted. It is, moreover, + a system of injustice, and if persisted in will inevitably + lead to corruption, and must end in ruin. The surplus revenue + will be drawn from the pockets of the people—from the + farmer, the mechanic, and the laboring classes of society; + but who will receive it when distributed among the States, + where it is to be disposed of by leading State politicians, + who have friends to favor and political partisans to gratify? + It will certainly not be returned to those who paid it and + who have most need of it and are honestly entitled to it. + There is but one safe rule, and that is to confine the + General Government rigidly within the sphere of its + appropriate duties. It has no power to raise a revenue or + impose taxes except for the purposes enumerated in the + Constitution, and if its income is found to exceed these + wants it should be forthwith reduced and the burden of the + people so far lightened. + </p> + <p> + In reviewing the conflicts which have taken place between + different interests in the United States and the policy + pursued since the adoption of our present form of Government, + we find nothing that has produced such deep-seated evil as + the course of legislation in relation to the currency. The + Constitution of the United States unquestionably intended to + secure to the people a circulating medium of gold and silver. + But the establishment of a national bank by Congress, with + the privilege of issuing paper money receivable in the + payment of the public dues, and the unfortunate course of + legislation in the several States upon the same subject, + drove from general circulation the constitutional currency + and substituted one of paper in its place. + </p> + <p> + It was not easy for men engaged in the ordinary pursuits of + business, whose attention had not been particularly drawn to + the subject, to foresee all the consequences of a currency + exclusively of paper, and we ought not on that account to be + surprised at the facility with which laws were obtained to + carry into effect the paper system. Honest and even + enlightened men are sometimes misled by the specious and + plausible statements of the designing. But experience has now + proved the mischiefs and dangers of a paper currency, and it + rests with you to determine whether the proper remedy shall + be applied. + </p> + <p> + The paper system being founded on public confidence and + having of itself no intrinsic value, it is liable to great + and sudden fluctuations, thereby rendering property insecure + and the wages of labor unsteady and uncertain. The + corporations which create the paper money can not be relied + upon to keep the circulating medium uniform in amount. In + times of prosperity, when confidence is high, they are + tempted by the prospect of gain or by the influence of those + who hope to profit by it to extend their issues of paper + beyond the bounds of discretion and the reasonable demands of + business; and when these issues have been pushed on from day + to day, until public confidence is at length shaken, then a + reaction takes place, and they immediately withdraw the + credits they have given, suddenly curtail their issues, and + produce an unexpected and ruinous contraction of the + circulating medium, which is felt by the whole community. The + banks by this means save themselves, and the mischievous + consequences of their imprudence or cupidity are visited upon + the public. Nor does the evil stop here. These ebbs and flows + in the currency and these indiscreet extensions of credit + naturally engender a spirit of speculation injurious to the + habits and character of the people. We have already seen its + effects in the wild spirit of speculation in the public lands + and various kinds of stock which within the last year or two + seized upon such a multitude of our citizens and threatened + to pervade all classes of society and to withdraw their + attention from the sober pursuits of honest industry. It is + not by encouraging this spirit that we shall best preserve + public virtue and promote the true interests of our country; + but if your currency continues as exclusively paper as it now + is, it will foster this eager desire to amass wealth without + labor; it will multiply the number of dependents on bank + accommodations and bank favors; the temptation to obtain + money at any sacrifice will become stronger and stronger, and + inevitably lead to corruption, which will find its way into + your public councils and destroy at no distant day the purity + of your Government. Some of the evils which arise from this + system of paper press with peculiar hardship upon the class + of society least able to bear it. A portion of this currency + frequently becomes depreciated or worthless, and all of it is + easily counterfeited in such a manner as to require peculiar + skill and much experience to distinguish the counterfeit from + the genuine note. These frauds are most generally perpetrated + in the smaller notes, which are used in the daily + transactions of ordinary business, and the losses occasioned + by them are commonly thrown upon the laboring classes of + society, whose situation and pursuits put it out of their + power to guard themselves from these impositions, and whose + daily wages are necessary for their subsistence. It is the + duty of every government so to regulate its currency as to + protect this numerous class, as far as practicable, from the + impositions of avarice and fraud. It is more especially the + duty of the United States, where the Government is + emphatically the Government of the people, and where this + respectable portion of our citizens are so proudly + distinguished from the laboring classes of all other nations + by their independent spirit, their love of liberty, their + intelligence, and their high tone of moral character. Their + industry in peace is the source of our wealth and their + bravery in war has covered us with glory; and the Government + of the United States will but ill discharge its duties if it + leaves them a prey to such dishonest impositions. Yet it is + evident that their interests can not be effectually protected + unless silver and gold are restored to circulation. + </p> + <p> + These views alone of the paper currency are sufficient to + call for immediate reform; but there is another consideration + which should still more strongly press it upon your + attention. + </p> + <p> + Recent events have proved that the paper-money system of this + country may be used as an engine to undermine your free + institutions, and that those who desire to engross all power + in the hands of the few and to govern by corruption or force + are aware of its power and prepared to employ it. Your banks + now furnish your only circulating medium, and money is plenty + or scarce according to the quantity of notes issued by them. + While they have capitals not greatly disproportioned to each + other, they are competitors in business, and no one of them + can exercise dominion over the rest; and although in the + present state of the currency these banks may and do operate + injuriously upon the habits of business, the pecuniary + concerns, and the moral tone of society, yet, from their + number and dispersed situation, they can not combine for the + purposes of political influence, and whatever may be the + dispositions of some of them their power of mischief must + necessarily be confined to a narrow space and felt only in + their immediate neighborhoods. + </p> + <p> + But when the charter for the Bank of the United States was + obtained from Congress it perfected the schemes of the paper + system and gave to its advocates the position they have + struggled to obtain from the commencement of the Federal + Government to the present hour. The immense capital and + peculiar privileges bestowed upon it enabled it to exercise + despotic sway over the other banks in every part of the + country. From its superior strength it could seriously + injure, if not destroy, the business of any one of them which + might incur its resentment; and it openly claimed for itself + the power of regulating the currency throughout the United + States. In other words, it asserted (and it undoubtedly + possessed) the power to make money plenty or scarce at its + pleasure, at any time and in any quarter of the Union, by + controlling the issues of other banks and permitting an + expansion or compelling a general contraction of the + circulating medium, according to its own will. The other + banking institutions were sensible of its strength, and they + soon generally became its obedient instruments, ready at all + times to execute its mandates; and with the banks necessarily + went also that numerous class of persons in our commercial + cities who depend altogether on bank credits for their + solvency and means of business, and who are therefore + obliged, for their own safety, to propitiate the favor of the + money power by distinguished zeal and devotion in its + service. The result of the ill-advised legislation which + established this great monopoly was to concentrate the whole + moneyed power of the Union, with its boundless means of + corruption and its numerous dependents, under the direction + and command of one acknowledged head, thus organizing this + particular interest as one body and securing to it unity and + concert of action throughout the United States, and enabling + it to bring forward upon any occasion its entire and + undivided strength to support or defeat any measure of the + Government. In the hands of this formidable power, thus + perfectly organized, was also placed unlimited dominion over + the amount of the circulating medium, giving it the power to + regulate the value of property and the fruits of labor in + every quarter of the Union, and to bestow prosperity or bring + ruin upon any city or section of the country as might best + comport with its own interest or policy. + </p> + <p> + We are not left to conjecture how the moneyed power, thus + organized and with such a weapon in its hands, would be + likely to use it. The distress and alarm which pervaded and + agitated the whole country when the Bank of the United States + waged war upon the people in order to compel them to submit + to its demands can not yet be forgotten. The ruthless and + unsparing temper with which whole cities and communities were + oppressed, individuals impoverished and ruined, and a scene + of cheerful prosperity suddenly changed into one of gloom and + despondency ought to be indelibly impressed on the memory of + the people of the United States. If such was its power in a + time of peace, what would it not have been in a season of + war, with an enemy at your doors? No nation but the freemen + of the United States could have come out victorious from such + a contest; yet, if you had not conquered, the Government + would have passed from the hands of the many to the hands of + the few, and this organized money power from its secret + conclave would have dictated the choice of your highest + officers and compelled you to make peace or war, as best + suited their own wishes. The forms of your Government might + for a time have remained, but its living spirit would have + departed from it. + </p> + <p> + The distress and sufferings inflicted on the people by the + bank are some of the fruits of that system of policy which is + continually striving to enlarge the authority of the Federal + Government beyond the limits fixed by the Constitution. The + powers enumerated in that instrument do not confer on + Congress the right to establish such a corporation as the + Bank of the United States, and the evil consequences which + followed may warn us of the danger of departing from the true + rule of construction and of permitting temporary + circumstances or the hope of better promoting the public + welfare to influence in any degree our decisions upon the + extent of the authority of the General Government. Let us + abide by the Constitution as it is written, or amend it in + the constitutional mode if it is found to be defective. + </p> + <p> + The severe lessons of experience will, I doubt not, be + sufficient to prevent Congress from again chartering such a + monopoly, even if the Constitution did not present an + insuperable objection to it. But you must remember, my + fellow-citizens, that eternal vigilance by the people is the + price of liberty, and that you must pay the price if you wish + to secure the blessing. It behooves you, therefore, to be + watchful in your States as well as in the Federal Government. + The power which the moneyed interest can exercise, when + concentrated under a single head and with our present system + of currency, was sufficiently demonstrated in the struggle + made by the Bank of the United States. Defeated in the + General Government, the same class of intriguers and + politicians will now resort to the States and endeavor to + obtain there the same organization which they failed to + perpetuate in the Union; and with specious and deceitful + plans of public advantages and State interests and State + pride they will endeavor to establish in the different States + one moneyed institution with overgrown capital and exclusive + privileges sufficient to enable it to control the operations + of the other banks. Such an institution will be pregnant with + the same evils produced by the Bank of the United States, + although its sphere of action is more confined, and in the + State in which it is chartered the money power will be able + to embody its whole strength and to move together with + undivided force to accomplish any object it may wish to + attain. You have already had abundant evidence of its power + to inflict injury upon the agricultural, mechanical, and + laboring classes of society, and over those whose engagements + in trade or speculation render them dependent on bank + facilities the dominion of the State monopoly will be + absolute and their obedience unlimited. With such a bank and + a paper currency the money power would in a few years govern + the State and control its measures, and if a sufficient + number of States can be induced to create such establishments + the time will soon come when it will again take the field + against the United States and succeed in perfecting and + perpetuating its organization by a charter from Congress. + </p> + <p> + It is one of the serious evils of our present system of + banking that it enables one class of society—and that + by no means a numerous one—by its control over the + currency, to act injuriously upon the interests of all the + others and to exercise more than its just proportion of + influence in political affairs. The agricultural, the + mechanical, and the laboring classes have little or no share + in the direction of the great moneyed corporations, and from + their habits and the nature of their pursuits they are + incapable of forming extensive combinations to act together + with united force. Such concert of action may sometimes be + produced in a single city or in a small district of country + by means of personal communications with each other, but they + have no regular or active correspondence with those who are + engaged in similar pursuits in distant places; they have but + little patronage to give to the press, and exercise but a + small share of influence over it; they have no crowd of + dependents about them who hope to grow rich without labor by + their countenance and favor, and who are therefore always + ready to execute their wishes. The planter, the farmer, the + mechanic, and the laborer all know that their success depends + upon their own industry and economy, and that they must not + expect to become suddenly rich by the fruits of their toil. + Yet these classes of society form the great body of the + people of the United States; they are the bone and sinew of + the country—men who love liberty and desire nothing but + equal rights and equal laws, and who, moreover, hold the + great mass of our national wealth, although it is distributed + in moderate amounts among the millions of freemen who possess + it. But with overwhelming numbers and wealth on their side + they are in constant danger of losing their fair influence in + the Government, and with difficulty maintain their just + rights against the incessant efforts daily made to encroach + upon them. The mischief springs from the power which the + moneyed interest derives from a paper currency which they are + able to control, from the multitude of corporations with + exclusive privileges which they have succeeded in obtaining + in the different States, and which are employed altogether + for their benefit; and unless you become more watchful in + your States and check this spirit of monopoly and thirst for + exclusive privileges you will in the end find that the most + important powers of Government have been given or bartered + away, and the control over your dearest interests has passed + into the hands of these corporations. + </p> + <p> + The paper-money system and its natural + associations—monopoly and exclusive + privileges—have already struck their roots too deep in + the soil, and it will require all your efforts to check its + further growth and to eradicate the evil. The men who profit + by the abuses and desire to perpetuate them will continue to + besiege the halls of legislation in the General Government as + well as in the States, and will seek by every artifice to + mislead and deceive the public servants. It is to yourselves + that you must look for safety and the means of guarding and + perpetuating your free institutions. In your hands is + rightfully placed the sovereignty of the country, and to you + everyone placed in authority is ultimately responsible. It is + always in your power to see that the wishes of the people are + carried into faithful execution, and their will, when once + made known, must sooner or later be obeyed; and while the + people remain, as I trust they ever will, uncorrupted and + incorruptible, and continue watchful and jealous of their + rights, the Government is safe, and the cause of freedom will + continue to triumph over all its enemies. + </p> + <p> + But it will require steady and persevering exertions on your + part to rid yourselves of the iniquities and mischiefs of the + paper system and to check the spirit of monopoly and other + abuses which have sprung up with it, and of which it is the + main support. So many interests are united to resist all + reform on this subject that you must not hope the conflict + will be a short one nor success easy. My humble efforts have + not been spared during my administration of the Government to + restore the constitutional currency of gold and silver, and + something, I trust, has been done toward the accomplishment + of this most desirable object; but enough yet remains to + require all your energy and perseverance. The power, however, + is in your hands, and the remedy must and will be applied if + you determine upon it. + </p> + <p> + While I am thus endeavoring to press upon your attention the + principles which I deem of vital importance in the domestic + concerns of the country, I ought not to pass over without + notice the important considerations which should govern your + policy toward foreign powers. It is unquestionably our true + interest to cultivate the most friendly understanding with + every nation and to avoid by every honorable means the + calamities of war, and we shall best attain this object by + frankness and sincerity in our foreign intercourse, by the + prompt and faithful execution of treaties, and by justice and + impartiality in our conduct to all. But no nation, however + desirous of peace, can hope to escape occasional collisions + with other powers, and the soundest dictates of policy + require that we should place ourselves in a condition to + assert our rights if a resort to force should ever become + necessary. Our local situation, our long line of seacoast, + indented by numerous bays, with deep rivers opening into the + interior, as well as our extended and still increasing + commerce, point to the Navy as our natural means of defense. + It will in the end be found to be the cheapest and most + effectual, and now is the time, in a season of peace and with + an overflowing revenue, that we can year after year add to + its strength without increasing the burdens of the people. It + is your true policy, for your Navy will not only protect your + rich and flourishing commerce in distant seas, but will + enable you to reach and annoy the enemy and will give to + defense its greatest efficiency by meeting danger at a + distance from home. It is impossible by any line of + fortifications to guard every point from attack against a + hostile force advancing from the ocean and selecting its + object, but they are indispensable to protect cities from + bombardment, dockyards and naval arsenals from destruction, + to give shelter to merchant vessels in time of war and to + single ships or weaker squadrons when pressed by superior + force. Fortifications of this description can not be too soon + completed and armed and placed in a condition of the most + perfect preparation. The abundant means we now possess can + not be applied in any manner more useful to the country, and + when this is done and our naval force sufficiently + strengthened and our militia armed we need not fear that any + nation will wantonly insult us or needlessly provoke + hostilities. We shall more certainly preserve peace when it + is well understood that we are prepared for war. + </p> + <p> + In presenting to you, my fellow-citizens, these parting + counsels, I have brought before you the leading principles + upon which I endeavored to administer the Government in the + high office with which you twice honored me. Knowing that the + path of freedom is continually beset by enemies who often + assume the disguise of friends, I have devoted the last hours + of my public life to warn you of the dangers. The progress of + the United States under our free and happy institutions has + surpassed the most sanguine hopes of the founders of the + Republic. Our growth has been rapid beyond all former example + in numbers, in wealth, in knowledge, and all the useful arts + which contribute to the comforts and convenience of man, and + from the earliest ages of history to the present day there + never have been thirteen millions of people associated in one + political body who enjoyed so much freedom and happiness as + the people of these United States. You have no longer any + cause to fear danger from abroad; your strength and power are + well known throughout the civilized world, as well as the + high and gallant bearing of your sons. It is from within, + among yourselves—from cupidity, from corruption, from + disappointed ambition and inordinate thirst for + power—that factions will be formed and liberty + endangered. It is against such designs, whatever disguise the + actors may assume, that you have especially to guard + yourselves. You have the highest of human trusts committed to + your care. Providence has showered on this favored land + blessings without number, and has chosen you as the guardians + of freedom, to preserve it for the benefit of the human race. + May He who holds in His hands the destinies of nations make + you worthy of the favors He has bestowed and enable you, with + pure hearts and pure hands and sleepless vigilance, to guard + and defend to the end of time the great charge He has + committed to your keeping. + </p> + <p> + My own race is nearly run; advanced age and failing health + warn me that before long I must pass beyond the reach of + human events and cease to feel the vicissitudes of human + affairs. I thank God that my life has been spent in a land of + liberty and that He has given me a heart to love my country + with the affection of a son. And filled with gratitude for + your constant and unwavering kindness, I bid you a last and + affectionate farewell. + </p> + <p class="r"> + ANDREW JACKSON. + </p> + <p> + + </p> + <p> + + </p> + <hr> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + Footnotes + </h2><a name="note-1"><!--Note--></a> + <p class="foot"> + <u>1</u> An act authorizing the revision and extension of the + rules and regulations of the naval service. + </p><a name="note-2"><!--Note--></a> + <p class="foot"> + <u>2</u> Relating to presents from foreign governments to + officers of the United States. + </p><a name="note-3"><!--Note--></a> + <p class="foot"> + <u>3</u> Relating to the boundary line between Georgia and + Florida. + </p><a name="note-4"><!--Note--></a> + <p class="foot"> + <u>4</u> List of presents from foreign governments to + officers of the United States, deposited in the State + Department. + </p><a name="note-5"><!--Note--></a> + <p class="foot"> + <u>5</u> Transmitting memorial of the heir at law of General + Ira Allen, relative to the capture, detention, and + condemnation of the ship <i>Olive Branch</i> and her cargo by + the British Government; also copy of instructions given to + the United States minister to Great Britain and of + correspondence between him and the British Government on the + subject. + </p><a name="note-6"><!--Note--></a> + <p class="foot"> + <u>6</u> Transmitting correspondence and papers relating to + the claim of Don Juan Madrazo, a Spanish subject, for losses + occasioned by acts of the United States and Georgia. + </p><a name="note-7"><!--Note--></a> + <p class="foot"> + <u>7</u> See under Executive Orders, pp. 94-95. + </p><a name="note-8"><!--Note--></a> + <p class="foot"> + <u>8</u> Pocket veto. + </p><a name="note-9"><!--Note--></a> + <p class="foot"> + <u>9</u> The Senate ordered that it be not entered on the + Journal. + </p><a name="note-10"><!--Note--></a> + <p class="foot"> + <u>10</u> Relating to claims of American citizens upon the + Mexican Government. + </p><a name="note-11"><!--Note--></a> + <p class="foot"> + <u>11</u> Relating to commerce with Cuba and Puerto Rico. + </p><a name="note-12"><!--Note--></a> + <p class="foot"> + <u>12</u> A memoir to be laid before the commission which may + be appointed to examine the law, intended to contain all the + arguments and facts by which it is to be supported. + </p><a name="note-13"><!--Note--></a> + <p class="foot"> + <u>13</u> Relating to the treaty of indemnity with Spain of + February 17, 1834. + </p><a name="note-14"><!--Note--></a> + <p class="foot"> + <u>14</u> For communication, see pp. 202-208. + </p><a name="note-15"><!--Note--></a> + <p class="foot"> + <u>15</u> Relating to claims for spoliations under the French + treaty of 1831. + </p><a name="note-16"><!--Note--></a> + <p class="foot"> + <u>16</u> Relating to the treaty of December 29, 1835, with + the Cherokee Indians. + </p><a name="note-17"><!--Note--></a> + <p class="foot"> + <u>17</u> Relating to affairs with Mexico. + </p><a name="note-18"><!--Note--></a> + <p class="foot"> + <u>18</u> Register of the land office for the northwestern + district of Mississippi. + </p><a name="note-19"><!--Note--></a> + <p class="foot"> + <u>19</u> Agent for the removal of the Cherokee Indians. + </p><a name="note-20"><!--Note--></a> + <p class="foot"> + <u>20</u> Relating to the political condition of Texas, the + organization of its Government, and its capacity to maintain + its independence, etc. + </p><a name="note-21"><!--Note--></a> + <p class="foot"> + <u>21</u> Relating to frauds in sales of public lands or + Indian reservations. + </p><a name="note-22"><!--Note--></a> + <p class="foot"> + <u>22</u> Relating to the bequest of James Smithson. + </p><a name="note-23"><!--Note--></a> + <p class="foot"> + <u>23</u> Relating to the survey of the harbors south of the + Chesapeake. + </p><a name="note-24"><!--Note--></a> + <p class="foot"> + <u>24</u> Reports of the superintendents of the Cumberland + road in Indiana and Illinois and of the improvement of the + Ohio River above the Falls. + </p><a name="note-25"><!--Note--></a> + <p class="foot"> + <u>25</u> Relating to the condition of the political + relations between the United States and Mexico, and to the + condition of Texas. + </p><a name="note-26"><!--Note--></a> + <p class="foot"> + <u>26</u> Relating to the South Sea exploring expedition. + </p><a name="note-27"><!--Note--></a> + <p class="foot"> + <u>27</u> Relating to the seizure of slaves on board the + brigs <i>Encomium</i> and <i>Enterprise</i> by the + authorities of Bermuda and New Providence. + </p><a name="note-28"><!--Note--></a> + <p class="foot"> + <u>28</u> Correspondence of William Tudor, Jr., while consul, + etc., of the United States to Peru and chargé + d'affaires at Rio de Janeiro. + </p><a name="note-29"><!--Note--></a> + <p class="foot"> + <u>29</u> Pocket veto. This message was never sent to + Congress, but was deposited in the Department of State. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + + <div>*** END OF THE PROJECT GUTENBERG EBOOK 11202 ***</div> +</body> +</html> |