L M\ LK.M 1 1 OF CALIFORNIA AT LOS ANGELES ■j^^^z:^..^^ :..:~^frrf J'^- 2< n { \ Thin njvirr i» reterreii \.-t.'»r--»>*,5C ^s»?Tt;=?^ eor^fvxr 1VM 8» iUBEiU Of ««TlO«»L LITefl»TURE •NO ««T Of THD NE55AGBANDPAPCRS or Tiic- PRC5IDCnT5 JAMf^ D. RICIURDSON A RtPBtsuium-n moH rae Statc or Tt.'^Dssrfi (WlTIl ADDITIONS) VOLUME I PUBUSHro BY BURt\uopr{A'nomumvii'RD 1911 81815 Copyright, 1897, EY James D Richardson -f Q. o i M P—voi, I— I Resolution Authormng the Compilation Joint Committee on Printing, United States Senate, Washmgio7i, D. C, August 20, 1894.. Hon. James D. Richardson, House of Representatives. I Sir: I am directed by Senator Gorman, the Chairman of the Joint ' Committee on Printing, to transmit to you the accompanying resolution, adopted by the Joint Committee this day and entered upon its journal. Very respectfully, F. M. Cox, Clerk Joint Committee on Printing. Whereas Congress has passed the following rtoolution, to wit: Resolved by the House of Representatives, the Senate concurr-iug, That there be printed and bound in cloth six thousand copies of the complete compilation of all the annual, special, and veto messages, proclamations, and inaugural addresses of pi the Presidents of the United States from 17S9 to 1894, inclusive, two thousand copies for the use of the Senate and four thousand copies for the use of the House. The work shall be performed under the direction of the Joint Committee on Printing: Therefore, resolved by the Joint Committee on Printing, That Hon. James D. Richardson be, and he is hereby, authorized and requested to take charge of the work contemplated in said resolution, and prepare, compile, and edit same. He is given full power and discretion to do this work for and on behalf of this Committee. I«l Prefatory Note In compliance with the authorization of the Joint Committee on Printing, I have undertaken this compilation. The messages of the several Presidents of the United States — annual, . veto, and special — are among the most interesting, instructive, and val- uable contributions to the public literature of our Republic. They dis- cuss from the loftiest standpoint nearly all the great questions of national policy and many subjects of minor interest which have engaged the atten- tion of the people from the beginning of our history, and so constitute important and often vital links in their progressive development. The proclamations, also, contain matter and sentiment no less elevating, inter- esting, and important. They inspire to the highest and most exalted degree the patriotic fervor and love of country in the hearts of the people. It is believed that legislators and other public men, students of our national history, and many others will hail with satisfaction the com- pilation and publication of these messages and proclamations in such compact form as will render them easily accessible and of ready refer- ence. The work can not fail to be exceedingly convenient and useful to all who have occasion to consult these documents. The Government has never heretofore authorized a like publication. In executing the commission with which I have been charged I have sought to bring together in the several volumes of the series all Presi- dential proclamations, addresses, messages, and communications to Con- gress excepting those nominating persons to oflSce and those which simply transmit treaties, and reports of heads of Departments which con^ tain no recommendation from the Executive. The utmost effort has been made to render the compilation accurate and exhaustive. Although not required by the terms of the resolution authorizing the compilation, it has been deemed wise and wholly consistent with its pur- pose to incorporate in the first volume authentic copies of the Declaration V VI Messages and Papers of the Presidents o! Independence, the Articles of Confederation, and the Constitution of ihe Unitetl States, together with steel engravings of the Capitol, the Kxecutivc Mansion, and of the historical painting the "Signing of the IXvlaration of IndciKMulciice." Steel portraits of the Presidents will be hisertcii each in its appropriate ]ilace. The conii)ilatii)n has not lieen brought even to its present stage with- out nmch lal>or ami close application, and the end is far from view; but if it shall ]-)rove satisfactory to Congress and the country, I will feel com* pcusated for my time aud effort. JAMES D. RICHARDSON. NOTE. The pages of "The Messages and Papers of tlie Presidents" have been renumbered from page one to the end, and the division into volumes has been altered. This plan is required by the addition of new matter and the desira- bility of keeping the volumes as nearly uniform in size as possible. Declaration of Independence July 4, 1776 u a 0) C cu -a c c o 2 c3 o Q O S ^ o tr .? — JH O ■-= o «- a. •- 2 5 B " < £ o -= OC -^ T) ■*' < -g ^ a> o O 0) Declaration of Independence In congress, July 4. 1776. W^hcn in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the L,aws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. — We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights. Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happi- ness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over NOTB.— Xbe words "Declaration of Independence " do not appear on tue original. Af^'ssn/^rs and Papers of the Presidents these States. To prove this, let Facts be submitted to a candid world. — He has refused his Assent to Ivaws, the most wholesome and necessary for the public good. — He has forbidden his Governors to pass L,aws of inunedinte and pressing importance, unless suspended in their operation till his Assent should l)e obtained; and when so .su.spended, he has utterly ncglecteil to attend to them. — He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestnnable to them and formidable to tyrants only. — He has called together legislative Ixjdies at places unusual, uncomfortable, and distant from the depository- of their public Records, for the sole purpose of fatiguing them into compliance with his measures. — He has dissolved en Represtative Houses repeatedly, for opposing with manly firmness his A invasions on the rights of the people. — He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legis- lative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. — He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refus- ing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands. — He has obstructed the Administration of Justice, by refusing his Assent to Laws for estab- lishing Judiciar>' powers. — He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. — He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their sub- stance. — He has kept among us, in times of peace. Standing Armies without the Consent of our legislatures. — He has affected to render the Militarj- independent of and superior to the Civil power. — He has com- bined with others to subject us to a jurisdiction foreign to our consti- tution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: — For quartering large bodies of armed troops among us: — For protecting them, by a mock Trial, from punish- ment for any Murders which they should commit on the Inhabitants of these States: — For cutting off our Trade with all parts of the world:— For imposing Taxes on us without otu: Consent: — For depriving us in many cases, of thf benefits of Trial by Jury: — For transporting us beyond Seas to be tried for pretended offences: — For aboJishing the free System Declaration of Independence 3 of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies: — For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Gov- ernments: — For suspending our own Legislatures, and declaring them- selves invested with power to legislate for us in all cases whatsoever. — He has abdicated Government here, by declaring us out of his Protection and waging War against us. — He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the Lives of our people. — He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circum- stances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. — He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands. — He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been only answered , by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settle- ment here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our con- nections and correspondence They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. — WkZj tTXJCtJjeforJC, the Representatives of the ')XU\\.Z&, States Ot ^TiXetJijCa, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly pub- Afrssa^rs and Papers of the Presidents lish and declare. That these United Colonies are, and of Right ought to be IJtJCC ami ^Utlcpcudcnt J^tatcs; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Com- merce, ami to do all other Acts and Things which Independent States may of right i\o. — And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor. JosiAH Bartlett \\rM Whipple Sam^ Adams John Adams RorT Treat Paine Elbridge Gerry Step. Hopkins William Ellery Roger Sherman Sam^^ Huntington \V^» Williams Oliver Wolcott Matthew Thornton W*^ Floyd Phil. Livingston Fran^ Lewis Lewis Morris Rich^ Stockton Jno Witherspoon Fra^ Hopkinson John Hart Abra Clark Rob""^ Morris Benjamin Rush Benj^ Franklin John Morton Geo Clymer Ja^ Smith. JOHN HANCOCK Geo. Taylor James Wilson Geo. Ross CAESAR Rodney Geo Read Tho M:Kean Samuel Chask WM Paca Tho^ Stone Charles Carroll of CarroUton George Wythe Richard Henry Lke. Th Jefferson Benj^ Harrison Tho^ Nelson jr. Francis Lightfoot Lee Carter Braxton W^ Hooper Joseph Hewes, John Penn Edward Rutledge. Tho^ Heyward Jun'^ Thomas Lynch Jun"" Arthur Middleton Button GwI^NETT Lyman Hall, Geo Walton. Articles of Confederation Articles of Confederation ^0 atX t0 xofiom these Presents shall come, we the undersigned Dele- gates of the States affixed to our Names send greeting. Whereas the Delegates of the United States of America in Congress assembled did on the fifteenth day of November in the Year of our Lord One Thousand Seven Hundred and Seventy seven, and in the Second Year of the Inde- pendence of America agree to certain articles of Confederation and per- petual Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia in the Words following, viz. ' 'Articles of Confederation and perpetual Union between the states of Newhamp- shire, Massachusetts-bay, Rhodeisland and Providence Plantations, Con- necticut, New- York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South- Carolina and Georgia. Article I. The Stile of this confederacy shall be ' ' The United States of America." Article II. Each state retains its sovereignt}^ freedom ana independ- ence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled. Article III. The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatsoever. Note.— The origiiial is indorsed: Act of Coafedention of The Umted States of America. 5 6 Messages and Papers of the Presidents Article IV. The Ivtter to secure and perpetuate mutual frietidship aud intercourse among the i)eople of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds and fugi- tives fn>ni Justice excepted, shall be entitled to all privileges and immu- nities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively, provided that such restriction shall not extend so far as to prevent the removal of property imported into any state, to any other state of which the Owner is an inhabitant; provided also that no impo- sition, duties or restriction shall be laid by any state, on the property of the united states, or either of them. If any Person guilty of, or charged with treason, felony, or other high misdemeanor in any state, shall flee from Justice, and be found in any of the united states, he shall upon demand of the Governor or executive power, of the state from w^hich he fled, be delivered up and removed to the state having jurisdiction of his offence. Full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of ever>' other state. Article V. For the more convenient management of the general inter- ests of the united states, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state, to recal its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the Year. No state shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any ofl&ce under the united states, for which he, or another for his benefit receives any salary, fees or emolument of any kind. Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states. In determining questions in the united states, in Congress assembled, each state shall have one vote. Articles of Confederation 7 Freedom of speech and debate in Congress shall not be impeached or questioned in any Court, or place out of Congress, and the members of congress shall be protected in their persons from arrests and imprison- ments, during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace. Article VI. No state without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conferrence, agreement, alliance or treaty with any King prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of any present, emolument, ofl&ce or title of any kind whatever from any king, prince or foreign state; nor shall the united states in congress assem- bled, or any of them, grant any title of nobility. No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the united states in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. No state shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the united states in congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by congress, to the courts of France and Spain. No vessels of war shall be kept up in time of peace by any state, except such number only, as shall be deemed necessary by the united states in congress assembled, for the defence of such state, or its trade; nor shall any bod3^ of forces be kept up b}^ any state, in time of peace, except such number only, as in the judgment of the united states, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, suflSciently armed and accoutred, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammu- nition and camp equipage. No state shall engage in any war without the consent of the united states in congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay, till the united states in con- gress assembled can be consulted: nor shall any state grant commis- M P — vol, 1—2 S Aff'ssnj^rs and Papers of the Presidents sions to any sliips or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the united states in congress assembletl, and then only ainted by the legislature of each state respectively by whom such forces shall be raised, or in such manner as such state shall direct, and all vacancies shall be filled up by the state which first made the appointment. Article VIII. All charges of war, and all other expences that shall be incurred for the common defence or general welfare, and allowed by the united states in congress assembled, shall be defrayed out of a com- mon treasury', which shall be supplied by the several states, in proportion to the \'alue of all land within each state, granted to or surveyed for any Person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united states in congress assembled, shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and le\'ied by the authorit}^ and direction of the legislatures of the several states within the time agreed upon b>' the united states in congress assembled. Article IX. The united states in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article — of sending and recei\'ing ambassadors — entering into treaties and alliances, provided that no treaty of commerce .shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities what.soever — of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the united states shall be divided or appropriated. — of granting letters of marque and reprisal in times of peace — appointing courts for the trial of piraciesi Articles of Confederation 9 and ffe»0nies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, pro- vided that no member of congress shall be appointed a judge of any of the said courts. The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the maimer following. Whenever the legislative or executive authority or lawful agent of any state in controversy with another shall present a petition to congress, stating the matter in question and praying for a hearing, notice thereof shall be given by order of congress to the legis- lative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question: but if they cannot agree, congress shall name three persons out of each of the united states, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as congress shall direct, shall in the presence of congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either party shall neglect to attend at the day appointed, without shewing reasons, which congress shall judge sufficient, or being present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the coiut to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authorit}^ of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to congress, and lodged among the acts of congress for the security of the parties concerned: provided that every commissioner, before he sits in judgment, shall take an oath to be administred by one of the judges of lo Afrssaj^rs and Papers of the Presidents the supreme or superior court of the state, where the cause shall be tried, "well ami truly to hear aiul tlcteriniue the matter in question, according to the iK^st of his judgment, without favour, affection or hope of reward:" providetl also that no state shall be deprived of territory for the benefit of the unitetl states. All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lauds, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originatetl antecedent to such settlement of jurisdiction, shall on the petition of either party to the congress of the united states, be finally determineil as near as may be in the same maimer as is before prescribed for deciding disputes respecting territorial jmisdiction between different states. The united states in congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or b>- that of the respective states — fixing the standard of weights and measures throughout the united states. — regu- lating the trade and managing all affairs with the Indians, not members of any of the states, provided that the legislative right of any state within its own limits h)e not infringed or violated — establishing and regulating post-offices from one state to another, throughout all the united states, and exacting such postage on the papers passing thro' the same as may be requisite to defray the expences of the said office — appointing all officers of the land forces, in the ser\dce of the united states, excepting regimental officers. — appointing all the officers of the naval forces, and commissioning all officers whatever in the ser^-ice of the united states — making rules for the government and regulation of the said laud and naval forces, and directing their operations. The united states in congress assembled shall have authority to appoint a committee, to sit in the recess of congress, to be denominated "A Committee of the vStates, " and to consist of one delegate from each state; and to appoint such other committees and civil officers as may be necessar\' for managing the general affairs of the united states under their direction — to appoint one of their number to preside, provided that no penson lie allowed to .serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of Money to be raised for the service of the united states, and to appro- priate and apply the same for defraying the public expences — to borrow Articles of Confederation ti money, or emit bills on the credit of the united states, transmitting every half year to the respective states an account of the sums of money go borrowed or emitted, — to build and equip a navy — to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state; which requisition shall be binding, and thereupon the legislature of each state shall appoint the regimental officers, raise the men and cloath, arm and equip them in a soldier like manner, at the expence of the united states, and the officers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed on by the united states in congress assembled: But if the united states in congress assembled shall, on consideration of circumstances judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise officer, cloath, arm and equip as many of such extra num- ber as they judge can be safely spared. And the officers and men so cloathed, armed and equipped, shall march to the place appointed, and within the time agreed on by the united states in congress assembled. The united states in congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expences necessary for the defence and welfare of the united states, or any of them, nor emit bills, nor borrow money on the credit of the united states, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine states assent to the same: nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the united states in congress assembled. The congress of the united states shall have power to adjourn to any time within the year, and to any place within the united states, so that no period of adjournment be for a longer duration than the space of six Months, and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or miHtary 1/ Aft'ssn^^cs and Papers of thr Presidents operations, as in their judgment retjuirc secresy; and the yeas and tiayd of the delcjjates of each state on any question shall be entered on the Jounial. when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request shall be furnished with a tran- script of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several states. Article X. The committee of the states, or any nine of them, shall be authorised to execute, in the recess of congress, such of the powers of congress as the united states in congress assembled, by the consent of nine states, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in the congress of the united states assembled is requisite. Article XI. Canada acceding to this confederation, and joining in the measures of the united states, shall be admitted into, and entitled to all the advantages of this union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine states. Article XII. All bills of credit emitted,, monies borrowed and debts contracted by, or under the authority of congress, before the assembling of the united states, in pursuance of the present confederation, shall be deemed and considered as a charge against the united states, for payment and satisfaction whereof the said united states, and the public faith are hereby solemnly pledged. Article XIII. Every state shall abide by the determinations of the tmited states in congress assembled, on all questions which by this con- federation are submitted to them. And the Articles of this confederation shall be inviolably observed by every state, and the union shall be per- petual; nor shall any alteration at any time hereafter be made in any of them ; unless such alteration be agreed to in a congress of the united states, and be aftenvards confirmed by the legislatures of every^ state. ^nd IS&XxzXZ'OiS it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in con- gress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union . ^rC0XXr ^jC that we the under-signed delegates, by virtue of the power and authority to us given for that pur- pose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein containeu: And we do further solemnly Articles of Confederation 13 plight and engage the faith of our respective constituents, that they shall abide by the determinations of the united states in congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the states we repectively represent, and that the union shall be perpetual. In Wit- ness whereof we have hereunto set our hands in Congress. Done at Philadelphia in the state of Pennsylvania the ninth Day of July in the Year of our Lord one Thousand seven Hundred and Seventy-eight, and in the third year of the independence of America. JosiAH BarTl,ktt John Wentworth Jun*" August 8'^ 1778 On the part & behalf of the State of New Hampshire John Hancock SamukIv Adams Elbridge Gerry Francis Dana James Lovell Samuel Holtbn On the part and behalf of The State of Massachusetts Bay William Ellery Henry MarchanT John Collins On the part and behalf of the State of Rhode- Island and Providence Plantations Roger Sherman Samuel Huntington Oliver Wolcott Titus Hosmer Andrew Adams on the part and behalf of the State of Connecticut Jas Duane Fras Lewis W^^ Duer. Gouv Morris On the Part and Behalf of the State of New York Jno Witherspoon Nath^ Scudder 1 0n the Part and in Behalf of the State 1 of New Jersey. Nov*" 26, 1778. — Rob"^ Morris Daniel Roberdeau JoN-^ Bayard Smith. William Clingan Joseph Reed 22"* July 1778 On the part and behalf of the State of Pennsylvania «4 Aft'ssaj^/'s and Papers of the I're'iidents Tno M:Ke.\n Feby 12 1779 John Dickinson May s*'' 1779 Nicholas Van Dyke, John Hanson March i 1781 1\\nii:l Cakkoi.i, d*" Richard Hknry Leb Ji>HN Banister Thomas Adams Jn° Harvie Francis Lightfoot Lee John Pknn July 21^' 1778 Corn* Harnett Jn° Wiluams Henry Laurens. William Henry Drayton Jn*^ Mathews RlCH° Hutson. Tho^ Heyward Jun' Jn° Walton 2f'^ July 1778 Elw° Telfaik Edw^ Langworthy. 0\\ the part & behalf of the State of Delaware on the part and behalf of the State of Maryland On the Part and Behalf of the State of Virginia On the part and Behalf of the State of N° Carolina On the part & behalf of the State of South-Carolina On the part & behalf of the State of Georgia The Constitution The Constitution "QSIC tItC ^JC0pIjC of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, pro- vide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. ^xticXz. I. Section, i. All legislative Powers herein granted shall be vested in a Congress of the United States, wh?di shall consist of a Senate and House of Representatives. Section. 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the the Electors in each State shall ha ve^ Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Note.— The words "The Constitution" do not appear on the onginat IS Jift'sstii^rs and Paf>crs of the Pre side tits Law direct. The Numlx^r of Representatives shall not exceed one for even- thirty Tlumsiitul. hut each State shall have at Least one Repre- sentative; anil initil such enumeration shall he made, the State of New Hampshire shall l>e entitled to chuse three, Massachusetts eight, Rhode- Island and Providence Plantations one, Connecticut five. New- York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Vir- ginia ten, North Carolina five. South Carolina five, and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Officers; and shall have the .sole Power of Impeachment. Section. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expi- ration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen ever}' second Year; and if Vacancies happen hy Resignation, or othenvise, during the Recess of the Legislature of any State, the Executive thereof ma}' make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. The Vice President of the United States .shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate .shall chuse their other Ofl&cers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the OflBce of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpo.se, they shall be on Oath or Affirmation. When the is tried, President of the United States^ the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present The Constitution 17 Judgment in Cases of Impeachment 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 : but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Section. 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof ; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Section. 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business ; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judg- ment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the JoumaL Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three daj^s, nor to any other Place than that in which the two Houses shall be sitting. Section. 6. The Senators and Representatives shall receive a Compen- sation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felonj^ and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall iS A/^ssa^rs atid Papers of the Presicfenis have been encreasetl during such time; ami no Person holding any Office under the Ignited States, shall l>e a Member of either House during his Coutituuince in OlVice. Section. ;. All Hills for raising Revenue shall originate in the House of Representatives; but the vSenate may propose or concur with Ameud- nients as on other Bills. Even- Hill which shall have passed the House of Representatives and the Senate, shall, Inifore it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it. with his Objections to that House in which it shall have origi- nate^ess prior to the Year one thonsatid cip^ht hitn- ilreii and ci^ht. but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No Pill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct. Tax .sliall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State. No Preference shall be given by any Regulation of Commerce or Reve- nue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. No Title of Nobility shall be granted by the United States: And no Person holding any Ofi&ce of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Ofi&ce, or Title, of any kind whatever, from any King, Prince, or foreign State. Section. lo. No State shall enter into any Treaty, Alliance, or Confed- eration; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Pay- ment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. the No State shall, without the Consent of ^Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be the subject to the Revision and Controul of .Congress. No State shall, without the Consent of Congress, lay any Duty of Ton- nage, keep Troops, or Ships of War in time of Peace, enter into any Agree- ment or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. The Constitution 21 Section. I. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Sena- tors and Representatives to which the State may be entitled in the Con- gress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a I,ist of all the Persons voted for, and of the Number of Votes for each; which I,ist they shall sign and certify, and transmit sealed to the Seat of the Gov- •ernment of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed ; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President ; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote ; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes ; which Day shall be the same throughout the United States. 3-' Aff'sstJi^fs (jfuf Papers of the Presidents No Person except ;i natural horn Citi/cn, ox ■x Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accord- ingly, until the Disability be removed, or a President shall be elected. The President shall, at stated Times, receive for his Services, a Com- pensiition, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: — " 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." Section. 2. The President shall be Commander in Chief of the Army and Na\'y of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for OfiFences against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in tlie Courts of Law, or iu the Head? of Department^ The Constitution '23 The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. Section. 3. He shall from time to time give to the Congress Informa- tion of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he 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; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commis- sion all the Ofl&cers of the United States. Section. 4. 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. JitrticXe in. Section, i. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; — to all Cases affecting Ambassadors, other public Ministers and Consuls;— to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — ^between a State and Citizens of another State;— between Citizens of different States, — ^between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Con- suls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and ^4 Afcssiii^fs attd Papers of the Presidents Fact, with such Kxceptious, aud uuder sucli Regulations as the Congress shall make. The Trial of all Crimes, except in Cases of Impeachment, shall be by Tun.-; and such Trial shall Ixi heUl in the State where the said Crimes sliall have been cx)nunitted; but when not committed within any State, the Trial shall l>e at such Place or Places as the Congress may by Law have directed. Section. 3. Treason against the United States, shall consist only in le\->'ing War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfei- ture except during the Life of the Person attainted. ^t;tijcXje. IV. Section, i. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records aud Proceedings shall be proved, and the Effect thereof. Section. 2. The Citizens of each State shall be entitled to all Privileges and Immtmities of Citizens in the several States. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regu- lation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. Section. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Constitution 25 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. Section. 4. The United States shall guarantee to eveiy State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. %'^\tXt. V. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of it's equal Suffrage in the Senate. l^-ttictje. VI. All Debts contracted and Engagements entered into, before the Adop- tion of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, tmder the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial OflScers, both of the United States and of the several States, shall be bound by 26 Aft'ssagfs and Pnprrs of flic Presidents Oath or Affirmation, to support this Constitution; but no rehgious Test shall ever Ik- rei^uired as a (Qualification to any Office or public Trust under the United States. ^Vtictc. VII. The Ratification of the Conventions of nine States, shall be sufficient for the iCstablishment of this Constitution between the States so ratifying the Same. The Word, "the," being inter- linctl l»rlwcen the seventh and eighth Lines of the first Page, The Word "Thirty" being p.»rtly written on an Erazure in the fifteenth Line of the first ra^e. The Words "is tried" being interlined between the thirty second and thirty third Ijnes of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page. Attest William Jackson Secretary fljOlXC in Convention by the Unanimous Con- sent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth %n miXnz&S whereof We have hereunto subscribed our Names, New Hampshire GO WASHINGTON— Presidt and deputy from Virginia f John Langdon \ I Nicholas Oilman j Massachusetts Connecticut J Nathaniel Gorham iRuFus King fW^ Sam^ Johnson 1 Roger Sherman New York New Jersey Pensylvania Alexander Hamilton Wil: Livingston David Brearley. W^ Paterson. JoNA: Dayton B Franklin Thomas Mifflin Rob''^ Morris Geo. Clymer Tho^ FitzSimons Jared Ingersoll James Wilson Gouv Morris The Constitution 27 Delaware Maryland Virginia North Carolina South Carolina Georgia I Geo: Rkad Gunning Bedford jun John Dickinson Richard Bassett Jaco: Broom I James M^Henry Dan of S*^ Tho^ Jenifer Dan^ Carroll fJoHN Blair— I James Madison Jr. rW^ Blount I RiCH° DoBBS Spaight (Hu Williamson J. Rutledge Charles Cotesworth Pinckney Charles Pinckney Pierce Butler. J William Few IAbr Baldwin Jn OPonty^ntion Monday September \f^ 1787. Present The States of New Hampshire, Massachusetts, Connecticut, M*" Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia. That the preceeding Constitution be laid before the United States in Congress assembled, and that it is the Opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the People thereof, under the Recommendation of its lyegislature, for their Assent and Ratification; and that each Con- vention assenting to, and ratifying the Same, should give Notice thereof to the United States in Congress assembled. AJt-ssiii^'cs and Papers of the I^cstdcnts Kcs^)lvc».l, That it is the Opinion of this Convention, that as soon as the Conventions of nine States shall have ratified this Constitution, the Unitetl States in Con>,Tess assembled should fix a Day on which Electors should l)e apiwinted by the States which shall have rn^fied the same, and a Day on which the IClectors should assemble to vote for the Presi- dent, and the Time and Place for commencing Proceedings under this Constitution. That after such Publication the Electors should be ap- pointetl. and the Senators and Representatives elected : That the Elect- ors should meet on the Day fixed for the Election of the President, and should transmit their Votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled, that the Senators and Representatives should convene at the Time and Place assigned; that the Senators should appoint a President of the Senate, for the sole Purjxjse of receiving, opening and counting the Votes for President; and, that after he shall be chosen, the Congress, together with the President, should, without Delay, proceed to execute this Constitution. By the Unanimous Order of the Convention GM WASHINGTON Presid* W. Jackson Secretary. Articles in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution. l^xWtXz I.] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. [Article II.] A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. The Constitution 29 \%XlxtXt III.] No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. \%xi\t:\z IV.] The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be vio- lated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. [^ictljcljc v.] No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just v:ompensation. [^jjtijcXe VL] In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. [^vtijclje VII.] In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. V> Mt'ssa^fs and Papers of the Presidents CIVvtUlc VIII.] Excessive bail shall not he required, nor excessive fines imposed, nor .Tiicl and unusual puuishmcuts inflicted. [^\;ticlc IX.] The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. [lirticXe X.] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. [Article XL) The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. \%xlxaz XIL] The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the per- son voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — The President of the Senate shall, in the presence of the Senate and House of Representa- tives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those The Constitutioh 3^ voted for as President, the House of Representatives shall choose imme- diately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or mem- bers from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice- President shall act as President, as in the case of the death or other constitutional disability of the President. — The person having the great- est number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ^ttijcle XIII. Section i. Neither slavery nor involuntary servitude, except as a pun- ishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their juris- diction. Section. 2. Congress shall have power to enforce this article by appro- priate legislation. %x\\tU XIV. Section i. All persons bom or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the ^i Mi'ssn^rs anii J\ipcrs of the Pirsii/tiifs right to vote nt any election for the choice of elector? for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial t)fticers of a State, or the members of the Legis- lature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Representative in Con- gress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, ha\ang pre\-iously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an exec- utive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. Section 4. The validity of the public debt of the United States, author- ized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress .shall have power to enforce, by appropriate legislation, the provisions of this article. ^xixclz XV. Section i. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude — Section 2. The Congress shall have power to enforce this article by appropriate legislation — George Washington April 30, 1789, to March 4, 1797 SEE VOLUME XI. Volume eleven is not onlv an index to the other vohimes, not only a key that unlocks the treasures of the entire publication, but it is in itself an alphabetically arranged brief history or story of the great controlling events constituting the His- tory of the United States. Under its proper alphabetical classification the story is told of every great sub- ject referred to by any of the Presidents in their official Messages, and at the end of each story the oflTicial utterances of the Presidents themselves are cited upon the subject, so that you may readily turn to the page in the body of the work itself for this original infonnation. . Next to the possession of knowledge is the ability to turn at will to where knowledge is to be found. O .3M0H inn« tis-ilioq iGJomo liHW HOME. ON THE POTOMAC, OF THE PARENTS OF 'GEORGE WASHINGTON WHh official portrait engraved from copy of original in ste«l .^VXi'it ^-^m^ ^^^-^. r 1908 BY BUREAU OF NAT10N«L LITERATURE AND An George Washington Georgk Washington was born at Bridges Creek, on the Potomac River, in Westmoreland County, Va., on the 226. day of February (or nth, old style), 1732. Augustine Washington, his father, was a son of Lawrence Washington, whose father, John Washington, came to Virginia from England in 1657, and settled at Bridges Creek. Augus- tine Washington died in 1743, leaving several children, George being the eldest by his second wife, Mary Ball, At the early age of 19 years he was appointed adjutant-general of one of the districts of Virginia, with the rank of major. In November, 1753, he was sent by Lieutenant- Governor Dinwiddie, of Virginia, to visit the French army in the Ohio Valley on important business. War followed, and in 1754 he was pro- moted to the rank of lieutenant-colonel, and engaged in the war. In 1755 he acted as aid-de-camp to General Braddock. Soon after this he was appointed by the legislature commander in chief of all the forces of the Colony, and for three years devoted himself to recruiting and organ- izing troops for her defense. In 1758 he commanded a successful expe- dition to Fort Du Quesne. He then left the Army, and was married to Mrs. Martha Custis, a widow lady of Virginia. For sixteen years he resided at Mount Vernon, occasionally acting as a magistrate or as a member of the legislature. He was a delegate to the Williamsburg convention, August, 1773, which resolved that taxation and representa- tion were inseparable. In 1774 he was sent to the Continental Congress as a delegate from Virginia. The following year he was unanimously chosen commander in chief, and assumed the command of the Conti- nental Army July 2, 1775. He commanded the armies throughout the War for Independence. At the close he resigned his commission, De- cf uber 23, 1783, and retired to private life. He was a delegate to, and picsident of, the National Convention which met in Philadelphia, Pa., in May, 1787, and adopted a new Constitution, that greatly increased the power of the Federal Government. He was unanimously elected the first President of the United States, and was inaugurated on the 30th of April, 1789, in New York City, and at the end of his first term was unanimously reelected. He retired March 4, 1797, having declined a third term. In September, 1796, he issued his Farewell Address to the people. July 3, 1798, he was again appointed to the command of the armies of the United States, with the rank of lieutenant-general. He was a Freemason, and served as master of his lodge. He died at Mount Vernon, Va., after a short illness, December 14, 1799, and was buried there. 33 .H Messages anii Papers of the Presidents PROCEEDINGS INITIATORY TO THE FIRST PRESIDENTIAL INAUGURATION. [From tbr Wasliinf^toii I'apcrs (Kxcculivo l'roci'edint,'s, vol. 17), Department of State.] Charles Thomson, esq. , Secretary' of the kite Congress, l^eing appointed by the Senate of the United States to carry to General Washington the oflScial information of his unanimous election to the office of President of the I'l'ited States of America, arrived at Mount Vernon on the 14th day of April, A. D. 17S9. when he communicated to General Washing- ton the purjK)rt of his mission in the following words : Sir: The President of the Senate chosen for the special purpose, having opened and counted the votes of the electors in presence of the Senate and House of Representatives, I was honored with the commands of the Senate to wait upon Your Excellency with the information of your being elected to the office of President of the United States of America. This commission was intrusted to me on account of my having been long in the confidence of the late Congress, and charged with the duties of one of the principal civil departments of Government. I have now, sir, to inform you that the proofs you have given of j^our patriotism, and of )'our readiness to sacrifice domestic ease and private enjoyments to presen-e the happiness of your country, did not permit the two Houses to harbor a doubt of your undertaking this great and impor- tant office, to which you are called, not only by the unanimous vote of the electors, but b}' the voice of America. I have it, therefore, in command to accompany you to New Ycrk, where the Senate and House of Representatives are convened for the dispatch of public business. To which General Washington replied : Sir: I have been accustomed to pay so much respect to the opinion of my fellow-citizens that the knowledge of their having given their unan- imous suffrages in my favor .scarcely leaves me the alternative for an option. I can not, I believe, give a greater evidence of my sensibility of the honor which they have done me than by accepting the appointment. I am so much affected by this fresh proof of my country's esteem and confidence that silence can best explain my gratitude. While I realize the arduous nature of the task which is imposed upon me, and feel my own inability to perform it, I wish, however, that there may not be reason for regretting the choice, for, indeed, all I can promise is only to accomplish that which can be done by an hone.st zeal. Upfjn considering how long time some of the gentlemen of both Houses of Congress have been a* New York, how anxiously desirous they must George Washington 35 be to proceed to business, and how deeply the public mind appears to be impressed with the necessity of doing it speedily, I can not find myself at liberty to delay my journey. I shall therefore be in readiness to set out the (lay after to-morrow, and shall be happy in the pleasure of your company, for you will permit me to say that it is a peculiar gratification to have received the comnmnication from you. OFFICIAL INFORMATION OF THE ELECTION OF THE PRESIDENT OF THE UNITED STATES. APRIL 6, 1789. Be it known that the Senate and House of Representatives of the United States of America, being convened in the city and State of New York, this 6th day of April, A. D. 1789, the underwritten, appointed President of the Senate for the sole purpose of receiving, opening, and counting the votes of the electors, did, in the presence of the said Senate and House of Representatives, open all the certificates and count all the votes of the electors for a President and Vice-President, by which it appears that His Excellency George Washington, esq. , was unanimously elected, agree- ably to the Constitution, to the oSice of President of the said United States of America. In testimony whereof I have hereunto set my hand and seal. JOHN LANGDON. Mount Vernon, April 14., rySg. To the Honorable John Langdon, President pro tempore of the Senate of the United States. Sir: I had the honor to receive your official communication, by the hand of Mr. Secretary Thomson, about i o'clock this day. Having concluded to obey the important and flattering call of my country, and having been impressed with an idea of the expediency of my being with Congress at as early a period as possible, I propose to commence my journey on Thursday morning, which will be the day after to-morrow. I have the honor to be, with sentiments of esteem, sir, your most obedient servant, GO WASHINGTON. RESOLVE OF THE SENATE OF THE UNITED STATES RESPECTING mr. osgood's preparing his house for the reception ob the president of the united states. United States of America, /?^ Senate, April 75, 1789. The committee to whom it was referred to consider of and report to the House respecting the ceremonial of receiving the President, and to whom also was referred a letter from the chairman of a committee of the M P— voi< 1—3 j6 Afe'ssat^es and Papers of the Prrsidt'nts Senate to the Six'aker. coiiiiimnicalini; an instruction from that House to a connnittce thereof to rejK)rt if any and what arrangements are necessary for the reception of the \'ice-President, have agreed to the following report : That Mr. Osgocxl, the proprietor of the house lately occupied by the President of Congress, be requested to put the same and the furniture thereof in proper condition for the residence and use of the President of the I'nited States, and otherwise, at the expense of the United States, to provide for his temporary acconnnodatiou. That it will be more eligible, in the first instance, that a committee of three members from the Senate and five members from the House of Representatives, to be appointed by the two Houses respectively, attend to receive the President at such place as he shall embark from New Jersey for this city, and conduct him without form to the house lately occupied by the President of Congress, and at such time thereafter as the President shall signify it will be most couvenieut for him, he be formally received by both Houses. Read and accepted. In Srnatr, April t6, 178 q. The Senate proceeded by ballot to the choice of a committee, agreeably to the report of the committee of both Houses agreed to the 15th instant, when the Honorable Mr. Langdon, the Honorable Mr. Carroll, and the Honorable Mr. Johnson were chosen. A true copy from the Journals of the Setiate. Attest: SAM. A. OTIS, Secretary. RESOLVE OF THE HOUSE OF REPRESENTATIVES OF THE UNITED vstates respecting mr. osgood's preparing his house for the liecekhon of the president of the united states. In the House op Representatives OF THE United States, Wednesday, April 13, 1789. Mr. Benson reported from the committee to whom it was referred to consider of and report to the Hou.se respecting the ceremonial of receiv- ing the President, and to whom was also referred a letter from the chairman of a committee of the Senate to the Speaker, communicating an instruction from that House to a committee thereof to report if any and what arrangements are necessary for the reception of the Vice- President, that the committee had, according to order, considered of the same, and had agreed to a report thereupon, which he dehvered in at George Washington 37 the Clerk's tahle, and where the same was thrice read, and the question put thereupon aj^reed to by the House as followeth : That Mr. Osgood, the proprietor of the house lately occupied by the President of Congress, be requested to put the same and the furniture therein in proper order for the residence and use of the President of the United States, and otherwise, at the expense of the United States, to provide for his temporary accommodation. That it will be most eligible, in the first instance, that a committee of three members from the Senate and five members from the House of Representatives, to be appointed by the Houses respectively^ attend to receive the President at such place as he shall embark from New Jersey for this city, and conduct him without form to the house lately occupied by the President of Congress, and that at such time thereafter as the President shall signify it will be most couveuieut for liiui, he be formally received by both Houses. Extract from the Journal. JOHN BECKLEY, Clerk. resolve of the iiouvse op representatives respecting a committee to meet the president of the united states. In the House of Representatives OF THE United States, Wednesday, April i^, 1789. Resolved, That it will be most eligible, in the first instance, that a com- mittee of three members from the Senate and five members from the House of Representatives, to be appointed by the Houses respectively, attend to receive the President at such place as he shall embark from New Jersey for this city, and conduct him without form to the house lately occupied by the President of Congress, and that at such time thereafter as the President shall signify, he be formally received by both Houses. Thursday, April 16, lySg. The committee elected on the part of this House, Mr. Boudinot, Mr. Bland, Mr. Tucker, Mr. Benson, and Mr, lyawrance. Extract from the Journal. JOHN BECKIvEY, Clerk. REQUEST OF THE COMMITTEE APPOINTED BY CONGRESS TO KNOW WHEN THEY SHOULD MEET THE PRESIDENT. The committee appointed in consequence of the resolutions of both Houses of Congress, and which accompany this note, most respectfully communicate their appointment to the President of the United States, with a request that he will please to have it signified to them when they ^^615 O 1 ^8 Mrssa^es and Papers of the Presidents shall attend, with a lxir);e which has been prepared for that purpose, to receive him at I^li/.alx^th Towti, or at such other place as he shall choose to embark fri>m New Jersey for this city. Ni;w YoKK, April ly, lySg. JOHN LANGDON. CIIARLKS CARROIvL, of Carrollton. WM. SAMUEL JOHNSON. KIJAS BOUDINOT. THICODORICK BLAND. THOS. TUDR. TUCKER EOBT. BENSON. JOHN LAWRANCE. TO THE COMMITTKE OF CONGRESS RESPECTING THE TIME OF THE rRHiSIDENT MEETING THEM AT ELIZABETH TOWN. Philadelphi.\, April 20, 1789. Gentlemen : Upon my arrival in this city I received your note, with the resolutions of the two Houses which accompanied it, and in answer thereto beg leave to inform you that, knowing how anxious both Houses must be to proceed to business, I shall continue my journey dispatch as possible. To-morrow evening I purpose to be at Trenton, the night following at Brunswick, and hope to have the pleastu"e of meeting 5'^ou at Elizabeth Town point on Thursday at 12 o'clock. G9 WASHINGTON. LETTER FROM THE HONORABLE ELIAS BOUDINOT. New York, April 21, 178 g. His Excellency George Washington, Esq. Sir: The committee have ju.st received Your Excellency's letter of the 20th, and will be at Elizabeth Town on Thursday morning. I must beg Your Excellency will alight at my house, where the com- mittee will attend, and where it will give me (in a particular manner) the utmost pleasure to receive you. I have the honor to be, with the most profound respect, sir, your most obedient and very humble servant, ELIAS BOUDINOT. LETTER FROM THE HONORABLE ELLAS BOUDINOT, APRIL 23, 1789. Elizabeth Town, Wednesday Evening. His Excellency George Washington, Esq. Sir: I have the honor of informing Your Excellency that the commit- tees of both Houses arrived here this afteraoon, and will be ready to George IVashingtott 39 receive Your Excellency at my hou.se as soon as you can arrive here to-morrow morning. If you, sir, will honor us with your company at breakfast, it will give us great pleasure. We shall wait Your Excellency's arrival in hopes of that gratification. You can have a room to dress in, if you should think it necessary, as convenient as you can have it in town. I have the honor to be Your Excellency's most obedient humble servant, ELIAS BOUDINOT REPORT OF THE COMMITTEE OF CONGRESS RESPECTING THE TIME OF THE INAUGURATION OF THE PRESIDENT. In the House of Representatives OF THE United States, Saturday, April 25, 1789. Mr, Benson, from the committee appointed to consider of the time, place, and manner in which, and of the person by whom, the oath pre- scribed by the Constitution shall be administered to the President of the United States, and to confer with a committee of the Senate, appointed for the purpose, reported as foUowetli: That the President hath been pleased to signify to them that any time or place which both Houses may think proper to appoint and any man- ner which shall appear most eligible to them will be convenient and acceptable to him. That requisite preparations can not probably be made before Thursday' next; that the President be on that day formally received in the Senate Chamber; that the Representatives' Chamber being capable of receiving the greater number of persons, that therefore the President do take the oath in that place and in the presence of both Houses; that after the formal reception of the President in the Senate Chamber he be attended by both Houses to the Representatives' Chamber, and that the oath be administered by the chancellor of this State. The committee further report it as their opinion that it will be proper that a committee of both Houses be appointed to take order for further conducting the ceremonial. The said report was twice read, and on the question put thereupon was agreed to by the House. Ordered, That Mr. Benson, Mr. Ames, and Mr. Carroll be a committee on the part of this House pursuant to the said report. Extract from the Journal. JOHN BECKI.EY, Clerk. 40 Aft'ssaj^t's iintf P(i/>rrs of the Presidents REPORT OF THK COMMITTRR OF CONGRESS TO THE SENATE RKS1'I-:CT1NG THE TIME OF THE INAUGURATION OF THE PRESI- DENT. United States of America, /// Senate, April 2^, 1789. The ooinmittce appointed to consider of the time, place, and manner in which and of the jx^rson by whom the oath prescribed by the Consti- tution shall l)e administered to the President of the United States, and to confer with a connnittee of the House appointed for that purpose, report: That the President hath been pleased to signify to them that any time or place which both Houses may think proper to appoint and any manner which shall appear most eligible to them will be convenient and accept- able to him; that requisite preparations can not probably be made before Thursday next; that the President be on that day formally received in the Senate Chamber by both Houses; that the Representatives' Chamber being capable of receiving the greater number of persons, that therefore the President do take the oath in that place in presence of both Houses; that after the formal reception of the President in the Senate Chamber he be attended by both Houses to the Representatives' Chamber, and that the oath be administered by the chancellor of this State. The committee further report it -as their opinion that it will be proper that a committee of both Houses be appointed to take order for conduct- ing the ceremonial. Read and accepted. And Mr. Lee, Mr. Izard, and Mr. Dalton, on the part of the Senate, together with the committee that may be appointed on the part of the House, are empowered to take order for conducting the business. A true copy from the Journals of Senate. In Senate, April 27, lySg. The committees appointed to take order for conducting the ceremonial of the formal reception, etc., of the President report that it appears to them more eligible that the oath should be administered to the President in the outer galler>' adjoining the Senate Chamber than in the Repre- sentatives' Chamber, and therefore submit to the respective Houses the propriety of authorizing their committees to take order as to the place where the oath shall be administered to the President, the resolutions of .Saturday assigning the Representatives' Chamber as the place not- withstanding. Read and accepted. A true copy from the Journals of the Senate. SAM. A. OTIS, Secretary, George Washington '41 ORDER FOR CONDUCTING THE CEREMONIAL FOR THE INAUGURA- TION OF THE PRESIDENT. The committees of l^oth Houses of Congress appointed to take order for conducting the ceremonial for the formal reception, etc., of the Presi- dent of the United States on Thursday next have agreed to the following order thereon, viz : That General Webb, Colonel Smith, L,ieutenant-Colonel Fish, Major Franks, Major L,' Enfant, Major Bleeker, and Mr. John R. Livingston be requested to serve as assistants on the occasion. That a chair be placed in the Senate Chamber for the President. That a chair be placed in the Senate Chamber for the Vice-President, to the right of the President's chair, and that the Senators take their seats on that side of the Chamber on which the Vice-President's chair shall be placed. That a chair be placed in the Senate Chamber for the Speaker of the House of Representatives, to the left of the President's chair, and that the Representatives take their seats on that side of the Chamber on which the Speaker's chair shall be placed. That seats be provided in the Senate Chamber sufficient to accommo- date the late President of Congress, the governor of the Western Terri- tory, the five persons being the heads of the great Departments, the minister plenipotentiary of France, the encargado de negocios of Spain, the chaplains of Congress, the persons in the suite of the President, and also to accommodate the following public officers of the State, viz: The governor, lieutenant-governor, the chancellor, the chief justice of the supreme court and other judges thereof, and the mayor of the city. That one of the assistants wait on these gentlemen and inform them that seats are provided for their accommodation, and also to signify to them that no precedence of seats is intended, and that no salutation is expected from them on their entrance into or their departure from the Senate Chamber. That the members of both Houses assemble in their respective cham- bers precisely at 12 o'clock, and that the Representatives, preceded by their Speaker and attended by their Clerk and other officers, proceed to the Senate Chamber, there to be received by the Vice-President and Senators rising. That the committees attend the President from his residence to the Senate Chamber, and that he be there received by the Vice-President, the Senators and Representatives rising, and by the Vice-President con- ducted to his chair. That after the President shall be seated in his chair and the Vice- President, Senators, and Representatives shall be again seated, the Vice-President shall announce to the President that the members of both Houses will attend him to be present at his taking the oath of office required by the Constitution. 4^ Afrss(7(^rs aitd Papers of the Presidents To the end that the oath of oftice may be administered to the Presi- dent in the mcv^t public manner and that the greatest number of the jxxipleof the Ignited States, and without distinction, may be witnesses to the solemnity, that therefore the oath be administered in the outer gal- ler>- adjoining to the Senate Chamber. That when the Presiilent shall ]irocced to the gallery to take the oath he l>e attended by the Vice-President, and be followed by the chancellor of the State, and pass through the middle door; that the Senators pass through the door on the right, and the Representatives pass through the door on the left, and such of the persons who may have been admitted into the Senate Chamber and may be desirous to go into the gallery are then also to pass through the door on the right. That when the President shall have taken the oath and returned into the Senate Chamber, attended by the Vice-President, and shall be seated in his chair, that Senators and Representatives also return into the Senate Chamber, aud that the Vice-President and they resume their respective seats. That when the President retire from the Senate Chamber he be con ducted by the Vice-President to the door, the members of both Houses rising, and that he be there received by the committees and attended to his residence. That immediately as the President shall retire the Representatives do also return from the Senate Chamber to their own. That it be intrusted to the assistants to take proper precautions for keeping the avenues to the hall open, and for that purpose they wait on his excellency the governor of this State, and in the name of the com- mittees request his aid by an order or recommendation to the civil ofl&cers or militia of the city to attend and serve on the occasion as he shall judge most proper. RESOLVE OF THE HOTLSE OF REPRESENTATIVEvS UPON THE REPORT OF THE COMMITTEE RESPECTING THE INAUGURATION OF THE PRESIDENT. In the House of Representatives OF THE United vStates, Monday, April ^7, t'/8q. Mr. Benson, from the committee of both Houses appointed to take order for conducting the ceremonial of the formal reception of the Presi- dent of the United States, reported as followeth: That it appears to the committee more eligible that the oath should be administered to the President in the outer gallery adjoining the Senate Chamber than in the Representatives' Chamber, and therefore submits to the respective Houses the propriety of authorizing their committees to take order as to the place where the oath shall be administered to the George Washington 43 President, the resolutions of Saturday assigning the Representatives' Chamber as the place notwithstanding. The said report being twice read, Resolved, That this House doth concur in the said report and author- ize the committee to take order for the change of place thereby proposed. Extract from the Journal. JOHN BECKLEY, Clerk. FIRST INAUGURAL ADDRESS. IN THE CITY OF NEW YORK. April 30, 1789. Fellow- Citizens of the Senate and of the House of Represeyitatives: Among the vicissitudes incident to life no event could have filled me with greater anxieties than that of which the notification was transmitted by your order, and received on the 14th day of the present month. On the one hand, I was summoned by my country, whose voice I can never hear but with veneration and love, from a retreat which I had chosen with the fondest predilection, and, in my flattering hopes, with an immutable decision, as the asylum of my declining years — a retreat which was rendered every day more necessary as well as more dear to me by the addition of habit to incHnation, and of frequent inter- ruptions in my health to the gradual waste committed on it by time. ■ On the other hand, the magnitude and difficulty of the trust to which the voice of my country called me, being sufficient to awaken in the wisest and most experienced of her citizens a distrustful scrutiny into his qualifications, could not but overwhelm with despondence one who (inheriting inferior endowments from nature and unpracticed in the duties of civil administration) ought to be peculiarly conscious of his own deficiencies. In this conflict of emotions all I dare aver is that it has been my faithful study to collect my duty from a just appreciation of every circumstance by which it might be affected. All I dare hope is that if, in executing this task, I have been too much swaj^ed by a grateful remembrance of former instances, or by an affectionate sensi- bility to this transcendent proof of the confidence of my fellow-citizens, and have thence too little consulted my incapacity as well as disincli- nation for the weighty and untried cares before me, my error will be palliated by the motives which mislead me, and its consequences be judged by my country with some share of the partiality in which they originated 44 Mrssaf^rs and Papers of the Presidents Siicli Ixjinj; the iinprcssiotis umkr wliicli I have, in obedience to the public suininoii.--, reixiircil to the present station, it would lie peculiarly iniprojKT to omit in this first ofticial act my fer\-ent supplications to that Almighty Bein ' who rules over the universe, who presides in the councils of nations, and whose providential aids can supply every human defect, that His bcnetliction may consecrate to the liberties and happiness of the people of the United States a Government instituted by themselves for these essential ]>urposes, and may enable every instrument employed in its administration to execute with success the functions allotted to his charge. In tendering this homage to the Great Author of every public and private good, I assuremyself that it expresses your sentiments not less than my own, nor those of my fellow-citizens at large less than either. No people can be bound to acknowledge and adore the Invisible Hand which conducts the affairs of men more than those of the United States. Every step by which they have advanced to the character of an independent nation seems to have been distinguished by some token of providential agency; and in the important revolution just accomplished in the system of their united government the tranquil deliberations and voluntary consent of so many distinct communities from which the event has resulted can not be compared with the means by which most govern- ments have been established without some return of pious gratitude, along with an humble anticipation of the future blessings which the past seem to presage. These reflections, arising out of the present crisis, have forced themselves too strongly on m}^ mind to be suppressed. You will join with me, I trust, in thinking that there are none under the influence of which the proceedings of a new and free government can more auspi- ciously commence. By the article establishing the executive department it is made the duty of the President ' ' to recommend to your consideration such meas- ures as he shall judge necessary and expedient." The circumstances under which I now meet you will acquit me from entering into that subject further than to refer to the great constitutional charter under which you are assembled, and which, in defining your powers, designates the objects to which your attention is to be given. It will be more con- isistent with those circumstances, and far more congenial with the feelings which actuate me, to substitute, in place of a recommendation of par- ticular measures, the tribute that is due to the talents, the rectitude, and the patriotism which adorn the characters selected to de\'ise and adopt them. In these honorable qualifications I behold the surest pledges that as on one side no local prejudices or attachments, no separate views nor party animosities, will misdirect the comprehensive and equal eye wdiich ought to watch over this great assemblage of communities and interests, so, on another, that the foundation of our national policy will be laid in the pure and immutable principles of private morality, and the pre- eminence of free government be ex.emplified by all the attributes which George Washington 45 can win the affections of its citizens and command the respect of the world. I dwell on this prospect with every satisfaction which an ardent love for my country can inspire, since there is no truth more thoroughly established than that there exists in the economy and course of nature an indissoluble union between virtue and happiness; between duty and advantage; between the genuine maxims of an honest and magnanimous policy and the solid rewards of public prosperity and felicity; since we ought to be no less persuaded that the propitious smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right which Heaven itself has ordained; and since the preservation of the sacred fire of liberty and the destiny of the republican model of government are justly considered, perhaps, as deeply, ^^ finally, staked on the experiment intrusted to the hands of the American people.* Besides the ordinary objects submitted to your care, it will remain with your judgment to decide how far an exercise of the occasional power delegated by the fifth article of the Constitution is rendered expedient at tiie present juncture by the nature of objections which have been urged against the system, or by the degree of inquietude which has given birth to them. Instead of undertaking particular recommenda- tions on this subject, in which I could be guided by no lights derived from official opportunities, I shall again give way to my entire con- fidence in your discernment and pursuit of the public good; for I assure myself that whilst you carefully avoid every alteration which might endanger the benefits of an united and effective government, or which ought to await the future lessons of experience, a reverence for the characteristic rights of freemen and a regard for the public harmony will sufficiently influence your deliberations on the question how far the former can be impregnably fortified or the latter be safely and advanta- geously promoted. To the foregoing observations I have one to add, which will be most properly addressed to the House of Representatives. It concerns myself, and will therefore be as brief as possible. When I was first honored with a call into the service of my country, then on the eve of an arduous struggle for its liberties, the light in which I contemplated my duty required that I should renounce every pecuniary compensation. From this resolution I have in no instance departed; and being still under the impressions which produced it, I must decline as inapplicable to myself any share in the personal emoluments which may be indispensably included in a permanent provision for the executive department, and must accordingly pray that the pecuniary estimates for the station in which I am placed may during my continuance in it be limited to such actual expenditures as the public good may be thought to require. Having thus imparted to you my sentiments as they have been awakened by the occasion which brings us together, I shall take my present leave; but not without resorting once more to the benign Parent 46 Messages and Papers of the Presidents of the Human Race in humble suppHcation that, since He has been plcascil to favor the American people with opix)rtuuities for deliberating in ix}rfect tranquillity, and disjxxsitions for deciding with unparalleled unanimity on a form of government for the security of their union and the advancement of their happiness, so His divine blessing may be ctjuall)- avispkiious in the enlarged views, the temperate consultations, anil the wise measures on which the success of this Goverumeut must depend. ADDRESS OF THE SENATE TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. vSir: Wc, the Senate of the United States, return you our sincere thanks for your excellent speech delivered to both Houses of Congress, congratulate >ou on the complete organization of the Federal Govern- ment, and felicitate ourselves and our fellow-citizens on your elevation to the office of President, an ofl&ce highly important by the powers con- stitutionally annexed to it and extremely honorable from the manner in which the appointment is made. The unanimous suffrage of the elective body in your favor is peculiarly expressive of the gratitude, confidence, and affection of the citizens of America, and is the highest testimonial at once of your merit and their esteem. We are sensible, sir, that nothing but the voice of your fellow-citizens could have called you from a retreat chosen with the fondest predilection, endeared by habit, and consecrated to the repose of declining years. We rejoice, and with us all America, that in obedience to the call of our common country you have returned once more to public life. In you all parties confide; in you all interests unite; and we have no doubt that 5'our past ser\'ices, great as the}' have been, will be equaled by your future exer- tions, and that your prudence and sagacity as a statesman will tend to avert the dangers to which we were exposed, to give stabilit}^ to the present Government and dignity and splendor to that countr>^ which your skill and valor as a soldier so eminently contributed to raise to independence and empire. When we contemplate the coincidence of circumstances and wonder- ful combination of causes which gradually prepared the people of this country for independence; when we contemplate the rise, progress, and termination of the late war, which gave them a name among the nations of the earth, we are wdth you unavoidably led to acknowledge and adore the Great Arbiter of the Universe, by whom empires rise and fall. A review of the many signal instances of divine interposition in favor of this country claims our most pious gratitude; and permit us, sir, to observe that among the great events which have led to the formation and establishment of a Federal Government we esteem your acceptance of the ofifice of President as one of the most propitious and important. George Washington /^'j In the execution of the trust reposed in us we shall endeavor to pursue that enlarged and liberal policy to which your speech so happily directs. We are conscious that the prosperity of each State is insep- arably connected with the welfare of all, and that in promoting the latter we shall effectually advance the former. In full persuasion of this truth, it shall be our invariable aim to divest ourselves of local prejudices and attachments, and to view the great assemblage of com- munities and interests committed to our charge with an equal eye. We feel, sir, the force and acknowledge the justness of the observation that the foundation of our national policy should be laid in private morality. If individuals be not influenced by moral principles, it is in vain to look for public virtue. It is therefore the duty of legislators to enforce, both by precept and example, the utility as well as the necessity of a strict adherence to the rules of distributive justice. We beg )^ou to be assured that the Senate will at all times cheerfully cooperate in every measure which may strengthen the Union, conduce to the happiness or secure and perpetuate the liberties of this great confederated Republic. We commend you, sir, to the protection of Almighty God, earnestly beseeching Him long to preser^^e a life so valuable and dear to the people of the United States, and that your Administration may be prosperous to the nation and glorious to yourself. May 7, 1789. REPLY OF THK PRESIDENT. GenTi^emen: I thank j-ou for your address, in which the most affec- tionate sentiments are expressed in the most obliging terms. The coincidence of circumstances which led to this auspicious crisis, the con- fidence reposed in me by my fellow-citizens, and the assistance I may expect from counsels which will be dictated by an enlarged and liberal policy seem to presage a more prosperous issue to my Administration than a diffidence of my abilities had taught me to anticipate. I now feel myself inexpressibly happy in a belief that Heaven, which has done so much for our infant nation, will not withdraw its providential influence before our political felicity shall have been completed, and in a conviction that the Senate will at all times cooperate in every measure which may tend to promote the welfare of this confederated Republic. Thus sup- ported by a firm trust in the Great Arbiter of the Universe, aided by the collected wisdom of the Union, and imploring the divine benediction on our joint exertions in the service of our country, I readily engage with you in the arduous but pleasing task of attempting to make a nation happy. G9 WASHINGTON. May 18, 1789. *8 Aft-sxnj^fs and Papers of the Prcsidcttts ADDRESS Ol- THH HOUSE OF REPRESENTATIVES TO GEORGE WASHlNHrroN, PRESIDENT OP TIIlC UNITED STATES. Sir: The Rcprosetitatives of the people of the United States present their congratulations on the event by which your fellow-citizens have attcstcnl the preeminence of your merit. You have long held the first l>lace in their esteem. You have often received tokens of their aiTection. You now ]X)ssess the only proof that remained of their gratitude for >our ser\-ices, of their reverence for your wisdom, and of their confidence in vonr virtues. You enjoy the highest, because the truest, honor of behig the tirst Magistrate by the unanimous choice of the freest people on the face of the earth. We well know the anxieties with which you must have obeved a sum- mons from the repose reserved for your declining years into public scenes, of which you had taken your leave forever. But the obedience was due to the occasion. It is already applauded by the universal joy which wel- comes you to your station. And we can not doubt that it will be rewarded with all the satisfaction with which an ardent love for your fellow-citizens must review successful efforts to promote their happiness. This anticipation is not justified merely by the past experience of 3^our signal services. It is particularly suggested by the pious impressions under which you commence your Administration and the enlightener* maxims by which you mean to conduct it. We feel with you the strong- est obligations to adore the Invisible Hand which has led the American people through so many difficulties, to cherish a conscious responsibility for the destiny of republican liberty, and to seek the only sure means )f preserving and recommending the precious deposit in a S}^stem of legisla- tion founded on the principles of an honest policy and directed by the spirit of a diffusive patriotism. The question arising out of the fifth article of the Constitution will receive all the attention demanded by its importance, and will, we trust, be decided under the influence of all the considerations to which you allude. In forming the pecuniary provisions for the executive department we shall not lose sight of a wish resulting from motives which give it a peculiar claim to our regard. Your resolution, in a moment critical to the lilxrrties of your country, to renounce all- personal emolument, was among the many presages of your patriotic services wdiich have been amply ful- filled; and 3'our scrupulous adherence now to the law then imposed on yourself can not fail to demonstrate the purity, whilst it increases the luster, of a character which has so many titles to admiration. Such are the sentiments which we have thought fit to address to you. They flow from our own hearts, and we verily believe that among the millions we represent there is not a virtuous citizen whose heart will disown them. George Washington 49 All that remains is that we join in our fervent supplications for the blessings of Heaven on our country, and that we add our own for the choicest of these blessings on the most beloved of her citizens. May 5, 1789. REPLY OP THE PRESIDENT. ' Gentleman: Your very affectionate address produces emotions which I know not how to express. I feel that my past endeavors in the service of my country are far overpaid by its goodness, and I fear much that my future ones may not fulfill your kind anticipation. All that I can prom- ise is that they will be invariably directed by an honest and an ardent zeal. Of this resource my heart assures me. For all beyond I rely on the wisdom and patriotism of those with whom I am to cooperate and a continuance of the blessings of Heaven on our beloved country. G9 WASHINGTON. May 8, 1789. SPECIAL MESSAGES. New York, May 25, iy8fore you the original by the hands of Mr. Jay for your consideration and advice. The papers relative to this negotiation are in his custcnly, and he has my orders to communicate to you whatever official papers and information on the subject he may possess and you mav require. G9 WASHINGTON. New York, fune 75-, 1789. Gentlemen of the Senate: Mr. Jefferson, the present raini.ster of the United States at the Court of France, having applied for permi.ssion to return home for a few months, and it appearing to me proper to comply with his request, it becomes necessarj' that some person be appointed to take charge of oiil affairs at that Court during his absence. For this purpose I nominate William Short, esq., and request your advice on the propriety of appointing him. There are in the Office for Foreign Affairs papers which will acquaint you with his character, and which Mr. Jay has my directions to lay before you at such time as you may think proper to assign, G9 WASHINGTON. New York, Augusts, 1789. Gentlemen of the Senate: My nomination of Benjamin Fishbourn for the place of naval officer of the port of vSavannah not having met with your concurrence, I now nominate Lachlan Mcintosh for that office. Whatever may have been the reasons which induced your dis.sent, I am persuaded they were such as you deemed sufficient. Permit me to sub- mit to your consideration whether on occasions where the propriety of nominations appear questionable to you it would not be expedient to com- municate that circumstance to me, and thereby avail yourselves of the information which led me to make them, and which I would with pleasure lay before you. Probably my reasons for nominating Mr. Fishbourn may tend to show that such a mode of proceeding in such cases might be u.seful. I will therefore detail them. First. While Colonel Fishbourn was an officer in actual service and chiefly under my own eye, his conduct appeared to me irreproachable; George Washington 51 nor did I ever bear anything injurious to his reputation as an officer or a gentleman. At the storm of Stony Point his behavior was represented to have been active and brave, and he was charged by his general to bring the account of that success to the headquarters of the Army. Secondly. Since his residence in Georgia he has been repeatedly elected to the assembly as a representative of the county of Chatham, in which the port of Savannah is situated, and sometimes of the counties of Glynn and Camden ; he has been chosen a member of the executive council of the State and has lately been president of the same ; he has been elected by the officers of the militia in the county of Chatham lieutenant- colonel of the militia in that district, and on a very recent occasion, to wit, in the month of May last, he has been appointed by the council (on the suspension of the late collector) to an office in the port of Savan- nah nearly similar to that for which I nominated him, which office he actually holds at this time. To these reasons for nominating Mr. Fish- bourn I might add that I received private letters of recommendation and oral testimonials in his favor from some of the most respectable char- acters in that State ; but as they were secondary considerations with me, I do not think it necessary to communicate them to you. It appeared, therefore, to me that Mr. Fishbourn must have enjoyed the confidence of the militia officers in order to have been elected to a military rank ; the co7iJidence of the freemen to have been elected to the assembly; the confidence of the assembly to have been selected for the council, and the confidence of the council to have been appointed col- lector of the port of Savannah. GO WASHINGTON. New York, August 7, 17S9. Gentlemen of the Senate: The business which has hitherto been under the consideration of Con- gress has been of so much importance that I was unwilling to draw their attention from it to any other subject ; but the disputes which exist between some of the United States and several powerful tribes of Indians within the limits of the Union, and the hostilities which have in several instances been committed on the frontiers, seem to require the immediate interposition of the General Government. I have therefore directed the several statements and papers which have been submitted to me on this subject by General Knox to be laid before you for your information. While the measures of Government ought to be calculated to protect its citizens from all injury and violence, a due regard should be extended to those Indian tribes whose happiness in the course of events so mate- rially depends on the national justice and humanity of the United States. If it should be the judgment of Congress that it would be most expe- dient to terminate all differences in the Southern district, and to lay the e,3 Afe'ssaii'rs ofui Pnprrs of the Presidents fimiulation for future confidcuce by an amicaijle treaty with the Indian trilies in that quarter, I think proper to suggest the consideration of the exixnliency of instituting a tcmporar>' commission for that purpose, to consist of three ]x;rsons, whose authority should expire with the occasion. How far such a measure, unassisted by posts, would be competent to the establishment and preser\-ation of peace and tranquillity on the frontiers is also a matter which merits your serious consideration. Along with this object I am induced to suggest another, with the national importance and necessity of which I am deeply impressed; I mean some uniform and effective system for the militia of the United States. It is unnecessary to offer arguments in recommendation of a measure on which the honor, safety, and well-being of our countrj^ so evidently and .so essentially depend; but it may not be amiss to observe that I am particularly anxious it should receive as early attention as cir- cumstances will admit, because it is now in our power to avail ourselves of the military knowledge disseminated throughout the several States by means of the many well-instructed officers and soldiers of the late Army, a resource which is daily diminishing by death and other causes. To suffer this peculiar advantage to pass away unimproved would be to neglect an opportunity which wall never again occur, unless, unfortu- nately, we should again be involved in a long and arduous war. GO WASHINGTON New York, August lo, lySg. Gentlemen of the Senate: I have directed a statement of the troops in the service of the United States to be laid before you for your information. These troops were raised by virtue of the resolves of Congress of the 20th October, 1786, and the 3d of October, 1787, in order to protect the frontiers from the depredations of the hostile Indians, to prevent all intrusions on the public lands, and to facilitate the surveying and selHng of the same for the purpose of reducing the public debt. As these important objects continue to require the aid of the troops, it is necessary that the estaVjlishnient thereof .should in all respects be con- formed by law to the Constitution of the United States. G9 WASHINGTON. New Yokk, August 20, lySp. Gentlemen of the Senate.* In consequence of an act providing for the expenses which may attend negotiations or treaties with the Indian tribes and the appointment of commissioners for managing the same, I nominate Benjamin Lincoln as one of three commissioners whom T shall propose to be employed to negotiate a treaty with the Southern Indians. My reason for nominating George Washington 53 nim at this early moment is that it will not be possible for the public to avail itself of his .services on this occasion unless his appointment can be fon\'arded to him by the mail which will leave this place to-morrow morning. GO WASHINGTON. Nkw York, Aug^ist 2t ^ 1789. Genikmen of the Senate: The President of the United States will meet the Senate in the Senate Chamber at half past 11 o'clock to-morrow, to advise with them on the terms of the treaty to be negotiated with the Southern Indians. G9 WASHINGTON. September 16, 1789. Gentlemen of the Senate: The governor of the Western territory has made a statement to me of the reciprocal hostilities of the Wabash Indians and the people inhab- iting the frontiers bordering on the river Ohio, which I herewith lay before Congress. The United States in Congress assembled, by their acts of the 21st day of July, 17S7, and of the 12th August, 1788, made a provisional arrangement for calling forth the militia of Virginia and Pennsylvania in the proportions therein specified. As the circumstances which occasioned the said arrangement continue nearly the same, I think proper to suggest to j^our consideration the expediency of making some temporary provision for calling forth the militia of the United States for the purposes stated in the Constitution, which would embrace the cases apprehended by the governor of the Western territory. GO WASHINGTON. September 17, 1789. Gentlemen of the Senate: It doubtless is important that all treaties and compacts formed by the United States with other nations, whether civilized or not, should be made with caution and executed with fidelit3^ It is said to be the general understanding and practice of nations, as a check on the mistakes and indiscretions of ministers or commissioners, not to consider any treaty negotiated and signed by such ofhcers as final and conclusive until ratified by the sovereign or government from whom they derive their powers. This practice has been adopted by the United States respecting their treaties with European nations, and I am inclined to think it would be advisable to observe it in the conduct of our treaties with the Indians ; for though such treaties, being on their part made by 54 Aft'ssaj^fiS and Papers ofthr Presidents their chiefs or rulers, lu-eil not be ratified by them, yet, being formed on our part by the agency of subonHnate ofhcers, it seems to be both prudent and reasonable that their acts should not be binding on the nation until approved and ratified by the Government. It strikes me that this point should l)e well considered and settled, so that our national proceedings in this respect may become uniform and be directed by fixed and stable principles. The treaties with certain Indian nations, which w^ere laid before you with my message of the 25th May last, suggested two questions to my mind, viz : First, whether those treaties were to be considered as per- fected and consequently as obligatory without being ratified. If not, then .secondly, whether both or either, and which, of them ought to be ratified. On these questions I request your opinion and advice. You have, indeed, advised me " /(? execute and enjoi7i an observayice of the treaty with the Wyandottes, etc. You, gentlemen, doubtless intended to be clear and explicit, and yet, without further explanation, I fear I may misunderstand your meaning, for if by my executing that treaty you mean that I should make it (in a more particular and imme- diate manner than it now is) the act of Government, then it follows that I am to ratify it. If you mean by my exeaiting it that I am to see that it be carried into effect and operation, then I am led to conclude either that you consider it as being perfect and obligatory in its present state, and therefore to be executed and obser\^ed, or that 3'ou consider it as to derive its completion and obligation from the silent approbation and rati- fication which my proclamation may be construed to imply. Although I am inclined to think that the latter is j'our intention, yet it certainly is best that all doubts respecting it be removed. Permit me to observe that it will be proper for me to be informed of your sentiments relative to the treaty with the Six Nations previous to the departure of the governor of the Western territory, and therefore I recommend it to your early consideration. GO WASHINGTON. United States, September 2p, lySp. Gentlemen of the Senate: His Most Christian Majesty, by a letter dated the 7th of June last, addressed to the President and members of the General Congress of the United States of North America, announces the much lamented death of his son, the Dauphin. The generous conduct of the French monarch and nation toward this country renders every event that may affect his or their prosperity interesting to us, and I shall take care to assure him of the sensibility with which the United States participate in the afiQiction which a loss so much to be regretted must have occasioned both to him and to them. G9 WASHINGTON. George Washington 55 United States, September 2^, 1789. Gentlemen of the Senate: Agreeably to the act of Congress for adapting the establishment of the troops in public service to the Constitution of the United States, I nomi- nate the persons specified in the inclosed list to be the commissioned ofiicers thereof. This nomination differs from the existing arrangement only in the following cases, to wit : Lieutenant Erkuries Beatty, promoted to a vacant captaincy in the infantry ; Ensign Edward Spear, promoted to a vacant lieutenancy of artillery ; Jacob Melcher, who has been serving as a volunteer, to be an ensign, vice Benjamin Lawrence, who was appointed nearly three years past and has never been mustered or joined the troops. It is to be observed that the order in which the captains and subalterns are named is not to affect their relative rank, which has been hitherto but imperfectly settled owing to the perplexity of promotions in the State quotas conformably to the late Confederation. G9 WASHINGTON. United States, September 29, 1789. Ge7itlcmen of the Senate: Having been yesterday informed by a joint committee of both Houses of Congress that they had agreed to a recess to commence this day and to continue until the first Monday of January next, I take the earliest opportunity of acquainting you that, considering how long and laborious this session has been and the reasons which I presume have produced this resolution, it does not appear to me expedient to recommend any measures to their consideration at present, or now to call your attention, gentlemen, to any of those matters in my department which require your advice and consent and yet remain to be dispatched. GO WASHINGTON. United States, September 2g, 1789. Gentlemen of the House of Representatives: Having been yesterday informed by a joint committee of both Houses of Congress that they had agreed to a recess to commence this day and to continue until the first Monday of January next, I take the earliest opportunity of acquainting you that, considering how long and laborious this session has been and the reasons which I presume have produced this resolution, it does not appear to me expedient to recommend any measures to their consideration at present. Go WASHINGTON. 56 Mt-'ssages and Pafycrs of the President PROCLAMATION. A NATIONAL THANKSGIVING. [Ftiim Sjvirks's Wnsliington, Vol. XII, p. 119.] Wlicrcns it ir. the duty of all nations to acknowledge the providence of Alinii^hty Coil, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor; and Whereas lK>th Houses of Congress have, by their joint committee, requestc(i me ' ' to recommend to the people of the United States a day of public thanksgiving and prayer, to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God, especially by affording them an opportimity peaceably to establish a form of government for their safety and happineas: " Now. therefore, I do recommend and assign Thursday, the 26th day of November next, to be devoted by the people of these States to the ser^-ice of that great and glorious Being who is the beneficent author of all the good that was, that is, or that will be; that we may then all unite in rendering unto Him our sincere and humble thanks for His kind care and protection of the people of this country previous to their becoming a nation; for the signal and manifold mercies and the favor- able interpositions of His providence in the course and conclusion of the late war; for the great degree of tranquillity, union, and plenty which we have since enjoyed; for the peaceable and rational manner in which we have been enabled to establish constitutions of government for our safet3' and happiness, and particularly the national one now lately insti- tuted; for the civil and religious liberty with w^hich we are blessed, and the means we have of acquiring and diffusing useful knowledge; and, in general, for all the great and various favors which He has been pleased to confer upon us. And also that we may then unite in most humbly offering our pray- ers and supplications to the great Lord and Ruler of Nations, and beseech Him to pardon our national and other trangressions; to enable us all, whether in public or private stations, to perform our several and rela- tive duties properly and punctually ; to render our National Government a blessing to all the people by constantly being a Government of wise, just, and constitutional laws, discreetly and faithfully executed and obeyed; to protect and guide all sovereigns and nations (especially such as have shown kindness to us), and to bless them with good govern- ments, peace, and concord; to promote the knowledge and practice of true religion and virtue, and the increase of science among them and us; and, generally, to grant unto all mankind such a degree of temporal prosperity as He alone knows to be best. Given under my hand, at the city of New York, the 3d day of October, ^* ^- ^789. G9 WASHINGTON. George Washington 557 FIRST ANNUAL ADDRESS. United States, January 8, 1790. Fellow-Citisens of the Senate and House of Representatives: I embrace with great satisfaction the opportunity which now presents itself of congratulating you on the present favorable prospects of our public affairs. The recent accession of the important State of North Carolina to the Constitution of the United States (of which official infor- mation has been received), the rising credit and respectability of our country, the general and increasing good will toward the Government of the Union, and the concord, peace, and plenty with which we are blessed are circumstances auspicious in an eminent degree to our national prosperity. In resuming your consultations for the general good you can not but derive encouragement from the reflection that the measures of the last session have been as satisfactory to your constituents as the novelty and difficulty of the work allowed you to hope. Still further to realize their expectations and to secure the blessings which a gracious Providence has placed within our reach will in the course of the present important session call for the cool and deliberate exertion of your patriotism, firmness, and wisdom. Among the many interesting objects which will engage your attention that of providing for the common defense will merit particular regard. To be prepared for war is one of the most effectual means of preser\dng peace. A free people ought not only to be armed, but disciplined; to which end a uniform and well-digested plan is requisite ; and their safety and interest require that they should promote such manufactories as tend to render them independent of others for essential, particularly military, supplies. The proper establishment of the troops which may be deemed indis- pensable will be entitled to mature consideration. In the arrangements which may be made respecting it it will be of importance to conciliate the comfortable support of the officers and soldiers with a due regard to economy. There was reason to hope that the pacific measures adopted with regard to certain hostile tribes of Indians would have relieved the inhabitants of our Southern and Western frontiers from their depredations, but you will perceive from the information contained in the papers which I shall direct to be laid before you (comprehending a communication from the Commonwealth of Virginia) that we ought to be prepared to afford protection to those parts of the Union, and, if necessary, to punish aggressors. The interests of the United States require that our intercourse with 58 Aft'ssni^rs and Papers of thr Prcsidmfs other nations should be facilitated 1)n- such jMovisions as will enable me to fultiU my duty in that resiKx^t in the manner which circinnstances may render most conducive to the public good, and to this end that the couiix.'ns;itions to he made to the persons who may be employed should, according to the nature of their appointments, be defined by law, and a competent fund designated for defraying the expenses incident to the conduct of our foreign affairs. \'arious considerations also render it expedient that the terms on which foreigners may be admitted to the rights of citizens should be speedily ascertained by a uniform rule of naturalization. Unifonuity in the currency, weights, and measures of the United States is an object of great importance, and will, I am persuaded, be duly attended to. The advancement of agriculture, commerce, and manufactures by all proper means will not, I trust, need recommendation; but I can not forbear intimating to you the expediency of giving effectual encourage- ment as well to the introduction of new and useful iiiventions from abroad as to the exertions of skill and genius in producing them at home, and of facilitating the intercourse between the distant parts of our country by a due attention to the post-office and post-roads. Nor am I less persuaded that you will agree with me in opinion that there is nothing which can better deserve your patronage than the pro- motion of science and literature. Knowledge is in ever>' country the surest basis of public happiness. In one in which the measures of gov- ernment receive their impressions so immediately from the sense of the community as in ours it is proportionably essential. To the security of a free constitution it contributes in various ways — by convincing those who are intrusted with the public administration that every" valuable end of government is best answered, by the enlightened confidence of the people, and by teaching the people themselves to know and to value their own rights; to discern and provide against invasions of them; to distin- guish between oppression and the necessary exercise of lawful authority; between burthens proceeding from a disregard to their convenience and those resulting from the inevitable exigencies of society; to discriminate the spirit of liberty from that of licentiousness — cherishing the first, avoiding the last — and uniting a speedy but temperate vigilance against encroachments, with an inviolable respect to the laws. Whether this desirable object will be best promoted by affording aids to seminaries of learning already established, by the institution of a national imiversity, or by any other expedients will be well worthy of a place in the deliberations of the Legislature. Gentlemen of the House of Representatives: I saw with peculiar pleasure at the close of the last session the resolution entered into by you expressive of your opinion that an ade- George Washington 59 qnate provision for the support of the pubHc credit is a matter of high iniportauce to the national honor and prosperity. In this sentiment I entirely concur ; and to a perfect confidence in your best endeavors to devise such a provision as will be truly consistent with the end I add an equal reliance on the cheerful cooperation of the other branch of the Legislature. It would be superfluous to specify inducements to a meas- ure in which the character and permanent interests of the United States are so obviously and so deeply concerned, and which has received so explicit a sanction from your declaration. Gentlemen of the Senate a7id House of Representatives: I have directed the proper officers to lay before you, respectively, such papers and estimates as regard the affairs particularly recommended to your consideration, and necessary to convey to you that information of the state of the Union which it is my duty to afford. The welfare of our countr>^ is the great object to which our cares and efforts ought to be directed, and I shall derive great satisfaction from a cooperation with you in the pleasing though arduous task of insuring to our fellow-citizens the blessings which they have a right to expect from a free, efficient, and equal government. G9 WASHINGTON. ADDRESS OF THE SENATE TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. The President of the United States. Sir: We, the Senate of the United States, return you our thanks for your speech delivered to both Houses of Con,gress. The accession of the State of North Carolina to the Constitution of the United States gives us much pleasure, and we offer you our congratulations on that event, which at the same time adds strength to our Union and affords a proof that the more the Constitution has been considered the more the good- ness of it has appeared. The information which we have received, that the measures of the last session have been as satisfactory to our constitu- ents as we had reason to expect from the difficulty of the work in which we were engaged, will afford us much consolation and encouragement in resuming our deliberations in the present session for the public good, and every exertion on our part shall be made to realize and secure to our country those blessings which a gracious Providence has placed within her reach. We are persuaded that one of the most effectual means of preserving peace is to be prepared for war, and our attention shall be directed to the objects of common defense and to the adoption of such plans as shall appear the most likely to prevent our dependence on other 6o Afrssat^rs nud Papers ofthr Presidents countries ror cssentiul suppliLS. In the arrangements to be made respect- ing the establishment of such trcx)ps as may be deemed indispensable we shall with pleasure provide for the comfortable support of the officers and soldiers, with a due regard tt) economy. We regret that the pacific measures adopted by Government with regard to certain hostile tribes of Indians have not been attended with the beneficial effects toward the inhabitants of our Southern and Western frontiers which we had reason to hope; and we shall cheerfully cooperate in providing the most effectual means for their protection, and, if necessary, for the punishment of aggressors. The uniformity of the currency and of weights and meas- ures, the introduction of new and useful inventions from abroad and the exertions of skill and genius in producing them at home, the facili- tating the communication between the distant parts of our country by means of the post-office and post-roads, a provision for the support of the Department of Foreign Affairs, and a uniform rule of naturalization, by which foreigners may be admitted to the rights of citizens, are objects which shall receive such early attention as their respective importance requires. Literature and science are essential to the preservation of a free constitution; the measures of Government should therefore be cal- culated to strengthen the confidence that is due to that important truth. Agriculture, commerce, and manufactures, forming the basis of the wealth and strength of our confederated Republic, must be the frequent subject of our deliberation, and shall be advanced by all proper means in our power. Public credit being an object of great importance, we shall cheerfully cooperate in all proper measures for its support. Proper attention shall be given to such papers and estimates as you may be pleased to lay before us. Our cares and efforts shall be directed to the welfare of our country, and we have the most perfect dependence upon your cooperating with us on all occasions in such measures as will insure to our fellow-citizens the blessings which they have a right to expect from a free, efficient, and equal government, January ii, 1790. REPLY OF THE PRESIDENT. Gentlemen: 1 thank you for your address, and for the assurances which it contains of attention to the several matters suggested by me to j'our consideration. Relying on the continuance of your exertions for the public good, I anticipate for our country the salutary effects of upright and prudent cotinsels. G9 WASHINGTON. January 14, 1790. George Washington 6i ADDRESS OF THE HOUSE OP REPRESENTATIVES TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. Sir: The Representatives of the people of the United States have taken into consideration your speech to both Houses of Congress at the opening of the present session. We reciprocate your congratulations on the accession of the State of North Carolina, an event which, while it is a testimony of the increasing good will toward the Government of the Union, can not fail to give additional dignity and strength to the American Republic, already rising in the estimation of the world in national character and respectability. The information that our measures of the last session have not proved dissatisfactory to our constituents affords us much encouragement at this juncture, when we are resuming the arduous task of legislating for so extensive an empire. Nothing can be more gratifying to the Representatives of a free people than the reflection that their labors are rewarded by the approbation of their fellow-citizens. Under this impression we shall make every exer- tion to realize their expectations, and to secure to them those blessings which Providence has placed within their reach. Still prompted by the same desire to promote their interests which then actuated us, we shall in the present session diligently and anxiously pursue those measures which shall appear to us conducive to that end. We concur with you in the sentiment that agriculture, commerce, and manufactures are entitled to legislative protection, and that the promo- tion of science and literature will contribute to the security of a free Government; in the progress of our deliberations we shall not lose sight of objects so worthy of our regard. The various and weighty matters which you have judged necessary to recommend to oar attention appear to us essential to the tranquillity and welfare of the Union, and claim our early and most serious consideration. We shall proceed without delay to bestow on them that calm discussion which their importance requires. We regret that the pacific arrangements pursued with regard to certain hostile tribes of Indians have not been attended with that success which we had reason to expect from them. We shall not hesitate to concur in such further measures as may best ob\'iate any ill effects which might be apprehended from the failure of those negotiations. Your approbation of the vote of this House at the last session respect- ing the provision for the public creditors is very acceptable to us. The proper mode of carrying that resolution into effect, being a subject in which the future character and happiness of these States are deeply involved, will be among the first to deserve our attention. The prosperity of the United States is the primary object of all our deliberations, and we cherish the reflection that every measure which we Ct2 Afrssni^rs and Papers of the P}Tsidrfits may ndopt for its advancoiuent will not only receive your cheerful con- currence, but will at the s;une time derive from your cooperation addi- tional efficacy, in insuring to our fellow-eiti/ens the blessings of a free, etVicient, and eiiual i^overument. Januakv u, 1790. REPLY OF TITK TRKSTDKNT. Gkktlkmkn: I receive with pleasure the assurances j'ou give me that you will diligently and anxiously pursue such measures as shall appear to you conducive to the interest of your constituents, and that an early and serious consideration will be given to the various and weighty matters reconnnended by me to your attention. I have full confidence that your deliberations will continue to be directed by an enlightened and virtuous i:eal for the happiness of our countr>'. G9 WASHINGTON. January 14, 1790. SPECIAL MEwSSAGKS. Unttkd States, January it, 1790. Gentlemen of the Senate: Ha\nng advised with 3^011 upon the terms of a treaty to be offered to the Creek Nation of Indians, I think it proper 3'ou should be informed of the result of that business previous to its coming before you in your legislative capacity. I have therefore directed the Secretary' for the Department of War to lay before you my instructions to the commis- sioners and their report in consequence thereof. The apparently critical state of the Southern frontier will render it expedient for me to communicate to both Houses of Congress, with other papers, the whole of the transactions relative to the Creeks, in order that they may be enabled to form a judgment of the measures which the case may require. GO WASHINGTON. UniTKD States, January it, ijqo. Gentlemen of the House of Representatives: I have directed Mr. Lear, my private secretar>% to lay before you a copy of the adoption and ratification of the Constitution of the United States by the State of North Carolina, together with a copy of a letter from His Excellency Samuel Johnston, president of the convention of said State, to the President of the United States. George Washington 63 The originals of the papers which are herewith transmitted to you will be lodged iu the office of the Secretary of State. Go WASHINGTON. UNITKr) StaTKS, January 12, 1790. Gentlemen of ihe Senate and House of Representatives: I lay before you a statement of the Southwestern frontiers and of the Indian Department, which have been submitted to me by the Secretary for the Department of War. I conceive that an unreserved but confidential communication of all the papers relative to the recent negotiations with some of the Southern tribes of Indians is indispensably requisite for the information of Con- gress. I am persuaded that they will effectually prevent either transcripts or publications of all such circumstauces as might be injurious to the public interests. GO WASHINGTON. Unitrd States, January 21, 1790. Gentlemen of the Senate and House of Representatives: The Secretary for the Department of War has submitted to me certain principles to serve as a plan for the general arrangement of the militia of the United States. Conceiving the subject to be of the highest importance to the welfare of our country and liable to be placed in various points of view, I have directed him to lay the plan before Congress for their information, in order that they may make such use thereof as they may judge proper. G9 WASHINGTON. United States, /awwarj' 25, 1790. Gcntlcmc7i of the Senate and House of Representatives: I have received from His Excellencj' John E. Howard, governor of the ; State of Maryland, an act of the legislature of Maryland to ratify certain I articles in addition to and amendment of the Constitution of the United j States of America, proposed hy Congress to the legislatures of the several i States, and have directed my secretary to lay a copy of the same before i you, together with the copy of a letter, accompanying the above act, from I his excellency the governor of Maryland to the President of the United I States. The originals will be deposited in the office (jf the Secretary of State. , G9 WASHINGTON. 64 Afessa^es and Papers of Ihc Prfsidctils United STATKS, Jauuary 2S, 1790. Gentlrmrn of the Sniatc and House of Representatives: 1 have directed my secretary to lay before you the copy of an act of the lej^ishilure of Rlunle Island and Providence Plantations entitled "An act for callinj:: a convention to take into consideration the Constitution pro^xxscd for the United vStates, passed on the 17th day of September, A. I"). 17S7, by the General Convention held at Philadelphia," together with the copy of a letter, accompanying said act, from His Excellency John Collins, governor of the State of Rhode Island and Providence Plantations, to the President of the United States. The originals of the foregoing act and letter will be deposited in the ofTice of the Secretary of State. Gy WASHINGTON. UniTKD States, February I, 1790. Gentlemen of the Senate and House of Representatives: I have recciv'cd from His Excellency Alexander Martin, governor of the State of North Carolina, an act of the general assembly of that State entitled ' 'An act for the purpose of ceding to the United States of America certain western lands therein described," and have directed my secretary to lay a copy of the same before you, together with a copy of a letter, accompanying said act, from His Excellency Governor Martin to the President of the United States. The originals of the foregoing act and letter will be deposited in the office of the Secretary of State. GO WASHINGTON. United States, February p, 1790. Gentlemen of the Senate! You will perceive from the papers herewith delivered, and which arc enumerated in the annexed list, that a difference subsists between Great Britain and the United States relative to the boundary line between our eastern and their territories. A plan for deciding this difference was laid before the late Congress, and whether that or some other plan of a like kind would not now be eligible is submitted to your consideration. In my opinion, it is desiral)le that all questions between this and other nations be speedily and amicably settled, and in this instance I think it advisable to postpone any negotiations on the subject until I shall be informed of the result of your deliberations and receive your advice as to the propositions most proper to be offered on the part of the United States. As I am taking measures for learning the intentions of Great Britain respecting the further detention of our posts, etc. , I am the more solicit- George Washington 65 ous that the business now submitted to you may be prepared for negotia- tion as soon as the other importaut affairs which engage your attention will permit. G9 WASHINGTON. UniTKD States, February 15, 1790. Gentlemen of the Senate and House of Representatives: I have directed my secretary to lay before you the copy of a vote of the legislature of the State of New Hampshire, to accept the articles proposed in addition to and amendment of the Constitution of the United States of America, except the second article. At the .same time will be delivered to you the copy of a letter from his excellency the president of the State of New Hampshire to the President of the United States. The originals of the above-mentioned vote and letter will be lodged in the ofl&ce of the Secretary of State. G9 WASHINGTON. United State??, February 18, 1790. Gentlemen of the Senate: By the mail of last evening I received a letter from His Excellency John Hancock, governor of the Commonwealth of Massachusetts, inclos- ing a resolve of the senate and house of representatives of that Common- wealth and sundry documents relative to the eastern boundary of the United States. I have directed a copj' of the letter and resolve to be laid before j^ou. The documents which accompanied them being but copies of some of the papers which were delivered to you with my communication of the 9th of this month, I have thought it unnecessary to la}' them before 3'ou at this time. They will be deposited in the office of the Secretary of State, together with the originals of the above-mentioned letters and resolve. G9 WASHINGTON. United States, March 8, 1790. Gentlemen of the Senate and House of Representatives: I have received from His Excellency Joshua Clayton, president of the State of Delaware, the articles proposed by Congress to the legislatures of the several States as amendments to the Constitution of the United States, which articles were transmitted to him for the consideration of the legislature of Delaware, and are now returned with the following resolutions annexed to them, viz: The general assembly of Delaware having taken into their consideration the above 66 Aff'ssas^rs and Papers of the Presidents jiniciiilmcnts, projxtsc*! by Conj^rcss to the respective legislatures of the several States, Rfsolx't'dy That the first article he ]H)sti)<)neil; KiTsolved, That the general asseinhly do ajrrce to the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, c'eventh, and twelfth articles, and we do hereby assent to, ratify, and confirm the s;inie as ]>art of the Constitution of the United States. In testimony wlicrcof we have caused the great seal of the State to be hereunto aflixed this 2Sth ilay of January, A. D. 1790, and in the fourteenth year of the iude- jx-ndence of the Delaware State. Signed by order of council. GRORGE MITCHELL, Speaker. Signed by order of the house of a.s.sembly. JEHU DAVIS, Speaker. I have directed a copy of the letter which accompanied the said articles, from His Excellency Joshua Clayton to the President of the United States, to be laid before you. The before-nieiitioued articles and the original of the letter will be lodged in the office of the Secretary of State. GO WASHINGTON. United States, March i6, 1790. Gentlemen of the Senate and House of Representatives: I have directed my secretary to lay before you the copy of an act and the form of ratification of certain articles of amendment to the Constitu- tion of the United States by the legislature of the State of Pennsylvania, together with the copy of a letter which accompanied the said act, from the speaker of the house of assembly of Pennsylvania to the President of the United States. The originals of the above will be lodged in the office of the Secretary of State. G9 WASHINGTON, United StatEvS, April /, ijqo. Gentlemen of the Senate and House of Represe^itatives: I have directed my private secretary' to lay before you a cop}' of the adoption by the legislature of South Carolina of the articles proposed by Congress to the legislatures of the several States as amendments to the Constitution of the United States, together with the copy of a letter from the governor of the State of South Carolina to the President of the United States, which have lately come to my hands. The originals of the foregoing will be lodged in the office of the Secretary of State. GO WASHINGTON. u"*. WuvH kuauadllu v^cv-wl. ctvvUv^nivUtw I't Uu\.l lvauuudiV.(i (hj. tilt SivjillYt^- Lit) CiU\:c>\s -- avt. cvNnu>i^Uvut*.s icUivlx uitudiitUi \>»utk cus s\UiaU*n «»>iWi( i". iv oi" Hii '' u'uu 'HiuhvivxCi Uvounl'aiv^. 3>i Sue iv oi Molt o^ LVuiiOj ^^^^^UU| i^O(.( awiC tr o>\^x(cv^^c m>v\ (c CfwltwHt and- cerv\fttvrv A^ -^|s>iliflA> (,- ,\\ tU\n v-'i m.xl ui.u Ua«i t^; U^uw^ mvuh Usiuv-inti ivnd Hlfauei ^ avui It Uvi iiYval >nU>' . ; . "- U\v itia\utfii< i-.uil St(.ivnvt vutcwi>, khuIv O/Vtot/ WASHINGTON'S FIRST THANKSGIVING PROCLAMATION. ..s Vc »uvu Uu c^ulov^cvncv • .^ tu. (awns. U^ ^^c^ ubusv.u^ iUr. una ius>»k A - U rv>uUT V\\is CovwUtk^ ^^a^tc uwd w^n u Sit|t o/vvct jiire- cl sclnivUi oMit >ti{-^uixlv< tv^ui. U^i^H ivuU |\>\uUu U- iiujuvYl uK U^^ -a koK*. ^/ ^ .'iL /L- f'r^*--^^ 4 /^. ?/.^<- ^-7^ George Washington 67 United States, April 5, 1790. Gentlemen of the Senate and House of Representatives: I have directed my private secretary to lay before you copies of three acts of the legislature of the State of New York, which have been trans- mitted to me by the governor thereof, viz: ' 'An act declaring it to be the duty of the sheriffs of the several counties within this State to receive and safe keep such prisoners as shall be committed under the authority of the United States." ' 'An act for vesting in the United States of America the light-house and the lauds thereunto belonging at Sandy Hook." "An act ratifying certain articles in addition to and amendment of the Constitution of the United States of America, proposed by Congress, ' ' A copy of a letter accompanying said acts, from the governor of the State of New York to the President of the United States, will at the same time be laid l)efore you, and the originals be deposited in the office of the Secretary of State. G9 WASHINGTON. United States, May 31, 1790. Gentlemen of the Senate: Mr. de Poiery served in the American Army for several of the last years of the late war as secretary to Major- General the Marquis de I^afayette, and might probably at that time have obtained the commis- sion of captain from Congress upon application to that body. At present he is an officer in the French national guards, and solicits a brevet com- mission from the United States of America, I am authorized to add, that while the compliance will involve no expense on our part, it will be particularly grateful to that friend of America, the Marquis de Lafayette. I therefore nominate M, de Poiery to be a captain by brevet. G9 WASHINGTON. United States, June i, 1790. Gentlemen of the Senate and House of Rep7-esentatives: Having received official information of the accession of the State of Rhode Island and Providence Plantations to the Constitution of the United States, I take the earliest opportunity of communicating the same to you, with my congratulations on this happy event, which unites under the General Government all the States which were originally confeder- ated, and have directed my secretary to lay before you a copy of the letter from the president of the convention of the State of Rhode Island to the President of the United States, M P-voi. 1-4 "^ WASHINGTON. 68 Mtssa^ts and Paprrs of the Presidents Unitki") Statks,///w<'' //, Typo. Cnttlnnm of I he Sfnatc nfid House of Represcjitativcs: I have diroctctl my secretaiy to lay before you a copy of the ratification of the aiueiuhnents to the Constitution of the United vStates by the vState of North Carohna. together with an extract from a letter, accompanying said ratification, from the gt)vernor of the State of North Carolina t(j the President of the United States. G9 WASHINGTON. United States, y7' constitutional preliminarj' has been obser\'ed, we assure you of our disposition to concur in gi\nng the requisite sanc- tion to the admission of Kentucky as a distinct member of the Union; in doing which we shall anticipate the happy effects to be expected from the sentiments of attachment toward the Union and its present Govern- ment which have been expressed by the patriotic inhabitants of that district. While we regret that the continuance and increase of the hostilities and depredations which have distressed our Northwestern frontiers .should have rendered offensive measures necessary, we feel an entire confidence in the sufficiency of the motives which have produced them and in the wisdom of the dispositions which have been concerted in pursuance of the powers vested in you, and whatever may have been the event, we shall cheerfully concur in the provisions which the expedition that has been undertaken may require on the part of the Legislature, and in any other which the future peace and safety of our frontier settlements may call for. The critical posture of the European powers will engage a due portion of our attention, and we shall be ready to adopt any measures which a prudent circumspection may suggest for the preserv^ation of the blessings George Washington ^"J of peace. The navigation and the fisheries of the United States are objects too interesting not to inspire a disposition to promote them by- all the means which shall appear to us consistent with their natural progress and permanent prosperity. Impressed with the importance of a free intercourse with the Mediter- ranean, we shall not think any deliberations misemployed which may conduce to the adoption of proper measures for removing the impedi- ments that obstruct it. The improvement of the judiciary system and the other important objects to which you have pointed our attention will not fail to engage the consideration they respectively merit. In the course of our deliberations upon every subject we shall rely upon that cooperation which an undiminished zeal and incessant anxiety for the public welfare on your part so thoroughly insure; and as it is our anxious desire so it shall be our constant endeavor to render the established Government more and more instrumental in promoting the good of our fellow-citizens, and more and more the object of their attach- ment and confidence. December io, 1790. REPLY OF THE PRESIDENT. Gentlemen: These assurances of favorable attention to the subjects I have recommended and of entire confidence in my views make the impression on me which I ought to feel. I thank you for them both, and shall continue to rely much for the success of all our measures for the public good on the aid they will receive from the wisdom and integ- rity of your councils. GO WASHINGTON, December 13, 1790. address of the house of representatives to george washington, president of the united states. Sir: The Representatives of the people of the United States have taken into consideration your address to the two Houses at the opening of the present session of Congress. We share in the satisfaction inspired by the prospects which continue to be so auspicious to our public affairs. The blessings resulting from the smiles of Heaven on our agriculture, the rise of public credit, with the further advantages promised by it, and the fertility of resources which are found so little burdensome to the community, fully authorize our mutual congratulations on the present occasion. Nor can we learn with- out an additional gratification that the energy of the laws for providing adequate revenues have been so honorably seconded by those classes of citizens whose patriotism and probity were more immediately concerned. 7^"^ Affssagi-s attd Papers of the Presidents Tlic succc.'is of the loan opened in Holland, tinder the disadvantages of the present moment, is the more important, as it not only denotes the cvnifiilcnce already placed in the United States, but as the effect of a judicious application of that aid will still further illustrate the solidity of the foundation on which the public credit rests. The preparatory steps taken by the vState of Virginia, in concert with the district of Kentucky, toward the erection of the latter into a distinct member of the Union exhibit a liberality mutually honorable to the parties. We ."^hall bestow on this important subject the favorable consid- eration which it merits, and, with tlie national policy which ought to govern our decision, .shall \\o\. fail to mingle the affectionate .sentiments which are awakened by those expressed on behalf of our fellow-citizens of Kentucky. Whilst we regret the necessity which has produced offensive hostili- ties against some of the Indian tribes northwest of the Ohio, we sympa- thize too nuich with our Western brethren not to behold with ajjprobation the watchfulness and vdgor which have been exerted by the executive authority for their protection, and which we trust will make the aggres- .sors sensible that it is their interest to merit by a peaceable behavior the friendship and humanity which the United States are always ready to extend to them. The encouragement of our owm navigation has at all times appeared to us highly important. The point of view under which you have recom- mended it to us is strongly enforced by the actual state of things in Europe. It will be incumbent on us to consider in w^hat mode our com- merce and agriculture can be best relieved from an injurious dependence on the navigation of other nations, which the frequency of their wars renders a too precarious resource for conveying the productions of our country- to market. The present state of our trade to the Mediterranean seems not less to demand, and will accordingly receive, the attention which you have recommended. Having already concurred in establishing a judiciary system which opens the doors of justice to all, without distinction of persons, it will be our disposition to incorporate every improvement which experience may suggest. And we shall consider in particular how far the uniformity which in other ca.ses is found convenient in the administration of the General Government through all the States may be introduced into the forms and rules of executing .sentences i.ssuing from the Federal courts. The proper regulation of the jurisdiction and functions which may be exercised by consuls of the United States in foreign countries, with the provisions stipulated to those of His Most Christian Majesty established here, are subjects of too much consequence to the public interest and honor not to partake of our deliberations. We shall renew our attention to tlie establishment of the militia and George Washington 79 the other subjects unfinished at the last session, and shall proceed in them with all the dispatch which the magnitude of all and the difficulty of some of them will allow. Nothing has given us more satisfaction than to find that the revenues heretofore established have proved adequate to the purposes to which they were allotted. In extending the provision to the residuary objects it will be equally our care to secure sufiiciency and punctuality in the payments due from the Treasury of the United States. We shall also never lose sight of the policy of diminishing the public debt as fast as the increase of the public resources will permit, and are particularly sensible of the many considerations which press a resort to the auxiliary resource furnished by the public lands. In pursuing every branch of the weighty business of the present ses- sion it will be our constant study to direct our deliberations to the public welfare. Whatever our success ma}^ be, we can at least answer for the fervent love of our country, which ought to animate our endeavors. In your cooperation we are sure of a resource which fortifies our hopes that the fruits of the established Government will justify the confidence which has been placed in it, and reconnnend it more and more to the affection and attachment of our fellow-citizens. Dece;mbe;r ii, 1790. repivy of thk presidrnt. GknTlemein: The sentiments expressed in your address are entitled to my particular acknowledgment. Having no object but the good of our countr}^ this testimonj^ of appro- bation and confidence from its immediate Representatives must be among my best rewards, as the support of your enlightened patriotism has been among my greatest encouragements. Being persuaded that you will continue to be actuated by the same auspicious principle, I look forward to the happiest consequences from your deliberations during the present session. GO WASHINGTON. December 13, 1790. SPECIAL MESSAGES. United States, December 23, 1790. Gentlemen of the Senate and House of Representatives: It appearing by the report of the secretary of the government north- west of the Ohio that there are certain cases respecting grants of land within that territory which require the interference of the I^egislature of So Mcssaq^fs aud Papers of the Presidents the United States, I liavc directed a copy of said report and the papers therein referred to to De laid before you, together with a copy of the report of the Secretary uf State upou the same subject. G9 WASHINGTON. United States, December jo, lygo. Gentlemen of the Senate and House of Representatives: I lay before you a report of the Secretary of State on the subject of the citizens of the United States in captivity at Algiers, that you may provide on their behalf what to you shall seem most expedient. GO WASHINGTON. United States, fanuary j, lypi. Geyitleyyien of the Senate and House of Representatives: I lay before you a copy of an exemplified cop3'^ of an act passed by the legislature of the State of New Jersey for vesting in the United States of America the jurisdiction of a lot of land at vSandy Hook, in the county of Monmouth, and a copy of a letter which accompanied said act, from the governor of the State of New Jersey to the President of the United States GO WASHINGTON. United States, fayuiary ly, 17 91. Gentlemen of the Senate aytd House of Represeyitatives: I lay before you an ofiicial statement of the appropriation of $10,000, granted to defray the contingent expenses of Government by an act of the 26th March, 1790. A copy of two resolutions of the legislature of Virginia, and a petition of sundry officers and assignees of oflScers and soldiers of the Virginia line on continental establishment, on the subject of bounty lands allotted to them on the northwest side of the Ohio; and A copy of an act of the legislature of Maryland to empower the wardens of the port of Baltimore to levy and collect the duty therein mentioned. GO WASHINGTON. United States, fanuary 77, 17 91. Gentlemen of the Senate: I lay before you a letter from His Most Christian Majesty, addressed to the President and Members of Congress of the United States of America. G9 WASHINGTON. George Washington 81 To our very dear fricndx and allies, the President and Members of the General Con- gress of the United States of North America. Very Dear Great Friends and Alues : We have received the letter by which you inform us of the new mark of confidence that you have shown to Mr. Jefferson, and which puts a period to his appointment of minister plenipotentiary at our Court. The manner in which he conducted during his residence with us has merited our esteem and entire approbation, and it is with pleasure that we now give him this testimony of it. It is with the most sincere pleasure that we embrace this opportunity of renewing these assurances of regard and friendship which we feel for the United States in general and for each of them in particular. Under their influence we pray God that He will keep you, very dear friends and allies, under His holy and beneficent protection. Done at Paris this nth September, 1790. Your good friend and ally, LOUIS. MONTMORIN. [seal.] The United States of North America. United States, fanuary ip, 1791. Gcntle77ien of the Sciiatc: I lay before you a representation of the charge d'affaires of France, made by order of his Court, on the acts of Congress of the 20th of July, 1789 and 1790, imposing an extra tonnage on foreign vessels, not except- ing those of that country, together with the report of the Secretary of State thereon, and I recommend the same to your consideration, that I may be enabled to give to it such answer as may best comport with the justice and the interests of the United States. G9 WASHINGTON. documents. January 18, 1791. The Secretary of State having received from the charg^ d'affaires of France a note on the tonnage payable by French vessels in the ports of the United States, has had the same under his consideration, and thereupon makes the following report to the President of the United States : The charge d'affaires of France, by a note of the 13th of December, represents, by order of his Court, that they consider so much of the acts of Congress of July 20, 1789 and 1790, as imposes an extraordinary tonnage on foreign vessels without excepting those of France, to be in contravention of the fifth article of the treaty of amity and commerce between the two nations ; that this would have authorized on their part a proportional modification in the favors granted to the American naviga- tion, but that his Sovereign had thought it more conformable to his principles of friendship and attachment to the United States to order him to make representations thereon, and to ask in favor of French vessels a modification of the acts which impose an extraordinary tonnage on foreign vessels. The Secretary of State, in giving in this paper to the President of the United States, thinks it his duty to accompany it with the following observations : The third and fovulh articles of the treaty of amity and commerce between France and the United States subject the vessels of each nation to pay in the ports of the other only such duties as are paid by the most favored nation, and give them Afi'ssaj^rs aud Papers of the Presidents rcciprocnlly iH tlu- priviUgos ami t-xotiiptioiis in navigation ami commerce which are given l»y either to the most favored nations. Had the cotitracting parties stoppert«5 Vexonptiott d-ift'ssi/s est iioutmcmctit covipris,'' etc., "7'« Ihe above exemption is particularly cotnpriseil, the imposition of icxd .sols per ton establi.shed in France on foreign vessels." Here, then, is at once an express declaration that the exemption from the duty of UX1 .sols is iovtpriscd in the third and fourth articles; that is to say, it was one of the exemptions enjoyed by the most favored nations, and as such extended to us by those articles. If the exemption spoken of in this first member of the fifth article was comprised in the third and fourth articles, as is expressly declared, then the reservation by France out of that exemption (which makes the second member of the same article) was also comprised ; that is to say, if the whole was comprised, the part was comprised. And if this reservation of France in the second member was comprised in the third and fourth articles, then the counter reservation by the United States (which constitutes the third and last member of the .same article) was also comprised, because it is but a corresponding portion of a similar whole on our part, which had been comprised by the same terms with theirs. In short, the whole article relates to a particular duty of loo .sols, laid by some antecedent law of France on the vessels of foreign nations, relinquished as to the most favored, and consequently to us. It is not a new and additional stipulation, then, but a declared application of the stipulations comprised in the preceding articles to a particular case by way of greater caution. The doctrine laid down generally in the third and fourth articles, and exemplified specially in the fifth, amounts to this: "The vessels of the most favored nations coming from foreign ports are exempted from the duty of loo sols; therefore you are exempted from it by the third and fourth articles. The vessels of the most favored nations coming coastwise pay that duty; therefore you are to pay it by the third and fourth articles. We .shall not think it unfriendly in you to lay a like duty on coasters, because it will be no more than we have done ourselves. You are free also to lay that or any other duty on vessels coming from foreign ports, provided they apply to all other nations, even the most favored. We are free to do the same under the same restriction. Our exempting you from a duty which the most favored nations do not pay does not exempt you from one which they do pay. ' ' In this view, it is evident that the fifth article neither enlarges nor abridges the stipulations of the third and fourth. The effect of the treaty would have been precisely the same had it been omitted altogether ; consequently it may be truly .said that the reservation by the United States in this article is completely useless. And it may be added with equal truth that the equivalent reservation by France is completely useless, as well as her previous abandonment of the same duty, and, in short, the whole article. Each party, then, remains fre« to raise or lower its tonnage, provided the change operates on all nations, even the most favored. Without undertaking to affirm, we may obviously conjecture that this article has been inserted on the part of the United States from an overcaution to guard, nom- mement, by name, against a particular aggrievance, which they thought they could never be too well secured against ; and that has happened which generally hap- pens — doubts have been produced by th'^ ''Oo great number of words used to prevent doubt. I George Washington 8^ II. The Court of France, however, understands this article as intended to intro- duce something to which the preceding articles had not reached, and not merely as an application of them to a particular case. Their opinion seems to be founded on the general rule in the construction of instruments, to leave no words merely useless for which any rational meaning can be found. They say that the reservation by the United States of a right to lay a duty equivalent to that of the loo sols, reserved by France, would have been completely useless if they were left free by the preceding articles to lay a tonnage to any extent whatever ; consequently, that the reservation cf a part proves a relinquishment of the residue. If some meaning, and such a one, is to be given to the last member of the article, some meaning, and a similar one, must be given to the corresponding member. If the reservation by the United States of a right to lay an equivalent duty implies a relinquishment of their right to lay any other, the reservation by France of a right to continue the specified duty to which it is an equivalent must imply a relinquishment of the right on her part to lay or continue any other. Equivalent reservations by both must imply equivalent restrictions on both. The exact reciprocity stipulated in the preceding articles, and which pervades every part of the treaty, insures a counter right to each party for every right ceded to the other. Let it be further considered that the duty called tonnage in the United States is in lieu of the duties for anchorage, for the support of buoys, beacons, and light-houses, to guide fhe mariner into harbor and along the coast, which are provided and supported at the expense of the United States, and for fees to measm-ers, weighers, gangers, etc. , who are paid by the United States, for which articles, among many others (light-house money excepted), duties are paid by us in the ports of France under their specific names. That Government has hitherto thought these duties consistent with the treaty, and consequently the same duties under a general instead of specific names, with us, must be equally consistent with it. It is not the name, but the thing, which is essential. If we have renounced the right to lay any port duties, they must be understood to have equally renounced that of either laying new or continuing the old. If we ought to refund the port duties received from their vessels since the date of the act of Congress, they should refund the port duties they have received from our vessels since the date of the treaty, for nothing short of this is the reciprocity of the treaty. If this construction be adopted, then each party has forever renounced the right of laying any duties on the vessels of the other coming from any foreign port, or more than loo sols on those coming coastwise. Could this relinquishment be confined to the two contracting parties alone, the United States would be the gainers, for it is well known that a much greater number of American than of French vessels are employed in the commerce between the two countries; but the exemption once conceded by the one nation to the other becomes immediately the property of all others who are on the footing of the most favored nations. It is true that those others would be obliged to yield the same compensation, that is to sa}^, to receive our vessels duty free. "Whether we should gain or lose in the exchange of the measure with them is not easy to say. Another consequence of this construction will be that the vessels of the most favored nations paying no duties will be on a better footing than those of natives which pay a moderate duty; consequently either the duty on these also must be given up or they will be supplanted by foreign vessels in our own ports. The resource, then, of duty on vessels for the purposes either of revenue or regula- tion will be forever lost to both. It is hardly conceivable that either party looking forward to all these consequences would see their interest in them. III. But if France persists in claiming this exemption, what is to be done? The claim, indeed, is couched in mild and friendly terms ; but the idea leaks out that a refusal would authorize them to modify proportionally the favors granted by the S4 Afrssa^rs and Paprrs ofihe Prrsfdrvts same article to our navigation. I'erhajjs they may do what we should feel much more severely, they may turn their eyes to the favors granted us by their arrets of December 29, 17S7, and December 7, 1 7SS, which hang on their will alone, inicounected with tlie treaty. Those arrets, among other advantages, admit our whale oils to the exclusion of that of all otlier foreigners. And this monopoly prociu-es a vent for sevcti-lwelfths of the prcnluce of that fishery, which experience has taught us could fiml no other market. Near two-thirds of the produce of our cod fisheries, too, have lately found a free vent '\\\ the ctilonies of l-'rance. This, indeed, has been an irreg- ularity growing out of the anarchy reigning in those colonies. Yet the demands of the colonists, even of tlie Government party among them ( if an auxiliary dis- position can be excited by some marks of friendship and distinction on our part), may p.'rhaps produce a constitutional concession to them to procure their provisions at the cheapest market ; tliat is to say, at ours. Considering the value of the interests we have at stake and considering the small- ness of difference between foreign and native tonnage on French vessels alone, it might perhaps be thought advisable to make the sacrifice asked, and especially if it can be so done as to give no title to other the most favored nations to claim it. If the act should put French vessels on the footing of those of natives, and declare it to be in consideration of the favors granted lis by the arrets of December 29, 17S7, and December 7, 17SS (and perhaps this would satisfy them), no nation could then demand the same favor without offering an equivalent compensation. It might strengthen, too, the tenure by which those arrets are held, which must be precarious so long as they are gratuitous. It is desirable in many instances to exchange mutual advantages by legislative acts rather than by treaty, because the former, though understood to be in consideration of each other, and therefore greatly respected, yet when thej^ become too incon- venient can be dropped at the will of either party; whereas stipulations by treaty are forever irrevocable but by joint consent, let a change of circumstances render them ever so burdensome. On the whole, if it be the opinion that the first construction is to be insisted on as ours, in opposition to the second urged by the Court of France, and that no relaxation is to be admitted, an answer shall be given to that Court defending that construction, and explaining in as friendly terms as possible the difficulties opposed to the exemp- tion they claim. 2. If it be the opinion that it is advantageous for us to close with France in her interpretation of a reciprocal and perpetual exemption from tonnage, a repeal of so much of the tonnage law will be the answer. 3. If it be thought better to waive rigorous and nice discussions of right and to make the modification an act of friendship and of compensation for favors received, the passage of such a bill will then be the answer. TH: JEFFERSON. [Translation.] L. G. Otto to the Secretary of State. Philadelphia, December t^, ^790. Sir: During the long stay you made in France you had opportunities of being satisfied of the favorable dispositions of His Majesty to render permanent the ties that united the two nations and to give stability to the treaties of alliance and of commerce which form the basis of this union. These treaties were so well main- tained by the Congress formed under the ancient Confederation that they thought it their duty to interpose their authority whenever any laws made by individual States appeared to infringe their stipulations, and particularly in 1785, when the States of New Hampshire and of M assachusetts had iruposad an extraordinary tonnage on I George Washington ^5 foreign vessels without exempting those of the French nation. The reflections that I have the honor to address to you in the subjoined note being founded on the same principles, I flatter myself that they will merit on the part of the Government of the United States the most serious attention. I am, with respect, etc,, L. G. OTTO. [Translation.] L. G. Otto to the Secretary of State, Phii,adei.phia, December /j, ijgo. Note. — The underwritten, charg^ d'affaires of France, has received the express order of his Court to represent to the United States that the act passed by Congress the 2oth July, 1789, and renewed the 20th July of the present year, which imposes an extraordinary tonnage on foreign vessels vnthout excepting French vessels, is directly contrary to the spirit and to the object of the treaty of commerce which unites the two nations, and of which His Majesty has not only scrupulously observ^ed the tenor, but of which he has extended the advantages by many regulations very favorable to the commerce and navigation of the United States. By the fifth article of this treaty the citizens of these States are declared exempt from the tonnage duty imposed in France on foreign vessels, and they are not subject to that duty but in the coasting business. Congress has reserved the privilege of e&X.s.h\\sh.\ng^a duty equivalent to this last, a stipulation founded on the state in which matters were in America at the time of the signature of the treaty. There did not exist at that epoch any duty on tonnage in the United States. It is evident that it was the nonexistence of this duty and the motive of a perfect reciprocity stipulated in the preamble of the treaty that had determined the King to grant the exemption contained in the article fifth; and a proof that Congress had no intention to contravene this reciprocity is that it only reserves a privilege of estab- lishing on the coasting business a duty equivalent to that which is levied in France. This reservation would have been completely useless if by the words of the treaty Congress thought themselves at liberty to lay any tonnage they should think proper on French vessels. The undersigned has the honor to observe that this contravention of the fifth article of the treaty of commerce might have authorized His Majesty to modify proportionately the favors granted by the same article to the American navigation ; but the King, always faithful to the principles of friendship and attachment to the United States, and desirous of strengthening more and more the ties which subsist so happily between the French nation and these States, thinks it more conformable to these views to order the undersigned to make representations on this subject, and to ask in favor of French vessels a modification of the act which imposes an extra- ordinary tonnage on foreign vessels. His Majesty does not doubt but that the United States will acknowledge the justice of this claim, and will be disposed to restore things to the footing on which they were at the signature of the treaty of the 6th February, 1778. L. G, OTTO. [Translation.) L. G. Otto to the Secretary of State. New York, January 8, 1791. His Excellency M. Jefeerson, Secretary of State. Sir : I have the honor herewith to send you a letter from the King to Congress, and one which M. de Montmorin has written to yourself. You will find therein the 86 Mt'ssagi's an if Papers of the Presidents sincere sentiments with \vlii«.h yim have inspired our Government, and the regret of the minister in not having a more near relation of correspondence with you. In these every jK^rsoii who has had the advantage of knowing you in France participates. At the s;ime time, it gives me pain, sir, to be obliged to announce to you that the complaints of our merchants on the subject of the tonnage duty increase, and that tliey have excited not only the attention of the King but that of several depart- ments of the Kingdom. I have received new orders to request of the United States a decision on this matter and to solicit in favor of the aggrieved merchants the restitution of the duties which have already been paid. I earnestly beg of you, sir, not to lose sight of an object which, as I have already had the honor to tell you verballv, is of the greatest importance for cementing the future commercial con- nections between the two nations. In more particularly examining this question you will perhaps find that motives of convenience are as powerful as those of justice to engage the United States to give to His Majesty the satisfaction which he requires. At least twice as many American vessels enter the ports of France as do those of France the ports of America. The exemption of the tonnage of duty, then, is evidently less advanta- geous for the French than for the navigators of the United States. Be this as it may, I can assure you, sir, that the delay of a decision in this respect by augmenting the just complaints of the French merchants will only augment the difficulties. I therefore beg of you to enable me before the sailing of the packet, which will take place toward the last of this mouth, to give to my Court a satisfactory answer. I have the honor to be, etc., L. G. OTTO. United StaTKS, Jamiary 2^, rypT. Gentlemen of the Senate and House of Representatives: I lay before you a statement relative to the frontiers of the United States, which has been submitted to me by the Secretary for the Depart- ment of War. I rely upon your wisdom to make such arrangements as may be essen- tial for the preservation of good order and the effectual protection of the frontiers. GO WASHINGTON. United States, fanuary 24., 17 pi. Gentlemen of the Senate and House of Representatives: In execution of the powers with which Congress were pleased to invest me by their act entitled "An act for establishing the temporary and permanent seat of Government of the United States," and on mature consideration of the advantages and disadvantages of the several posi- tions within the limits prescribed by the said act, I have by a proclama- tion bearing date this day (a copy of which is herewith transmitted) directed commissioners, appointed in pursuance of the act, to survey and limit a part of the territory of 10 miles square on both sides of the river Potomac, so as to comprehend Georgetown, in Maryland, and extend to the f^astern Branch, George Washington Z^ I have not by this first act given to the said territory the whole extent of which it is susceptible in the direction of the river, because I thought it important that Congress should have an opportunity of con- sidering whether by an amendatory law they would authorize the location of the residue at the lower end of the present, so as to comprehend the Eastern Branch itself and some of the country on its lower side, in the State of Maryland, and the town of Alexandria, in Virginia. If, however, they are of opinion that the Federal territory should be bounded by the water edge of the Eastern Branch, the location of the residue will be to be made at the upper end of what is now directed. I have thought best to await a survey of the territory before it is decided on what particular spot on the northeastern side of the river the public buildings shall be erected. Gy WASHINGTON, United State.*?, January 26, 1791. Gentlemen of the Scyiatc and House of Representatives: I lay before you the copy of a letter from the President of the National Assembly of France to the President of the United States, and of a decree of that Assembly, which was transmitted with the above-mentioned letter. G9 WASHINGTON. United States, January 27, lygi. Gentlemen of the Senate and House of Representatives: In order that you may be fully informed of the situation of the fron- tiers and the prospect of hostility in that quarter, I lay before you the intelligence of some recent depredations, received since my message to you upon this subject of the 24th instant. GO WASHINGTON. United States, February p, lypr. Gentlemen of the Senate and House of Representatives: I have received from the governor of Vermont authentic documents, expressing the consent of the legislatures of New York and of the Terri- tory of Vermont that the said Territory shall be admitted to be a distinct member of our Union; and a memorial of Nathaniel Chipman and Lewis R. Morris, commissioners from the said Territory, praying the consent of Congress to that admission, by the name and style of the State of Vermont, copies of which I now lay before Congress, with whom the Constitution has vested the object of these proceedings. Q9 WASHINGTON, 88 Messages and Papers of the Presidents United States, February //, 17 91. Gentlftncn of the Senate and House of Representatives: Soon after I was called to the administratiou of the Government I found it important to come to an understanding with the Court of London on several points interesting to the United States, and particularly to know whether they were disposed to enter into arrangements by mutual consent which might fix the commerce between the two nations on prin- ciples of reciprocal advantage. For this purpose I authorized informal conferences with their ministers, and from these I do not infer any dispo- sition on their part to enter into any arrangements merely commercial. I have thought it proper to give you this information, as it might at some time have iuflueuce on matters under your consideration. G9 WASHINGTON. United States, February 14., 17 91. Gentlemen of the Senate: \ Conceiving that in the possible event of a refusal of justice on the part of Great Britain we should stand less committed should it be made to a private rather than to a public person, I employed Mr. Gouverneur Morris, who was on the spot, and without giving him any definite char- acter, to enter informally into the conferences before mentioned. For your more particular information I lay before you the instructions I gave him and those parts of his communications wherein the British ministers appear either in conversation or by letter. These are two letters from the Duke of Leeds to Mr. Morris, and three letters of Mr. Morris gi\dng an account of two conferences with the Duke of Leeds and one with him and Mr. Pitt. The sum of these is that they declare without scruple they do not mean to fulfill what remains of the treaty of peace to be fulfilled on their part (by which we are to understand th** deliver}' of the posts and payment for property' carried off) till perform- ance on our part, and compensation where the delay has rendered the performance now impracticable; that on the subject of a treaty of con-r merce they avoided direct answers, so as to satisfy Mr. Morris they did not mean to enter into one unless it could be extended to a treaty of alliance offensive and defensive, or unless in the event of a rupture wilh Spain. As to the sending a minister here, they made excuses at the first con- ference, seemed disposed to it in the second, and in the last express an intention of so doing. Their views being thus sufficiently ascertained, I have directed Mr, Morris to discontinue his communications with them. G9 WASHINGTON. George Washington 89 United States, February 18, 1791. Gentlemen of the Senate: The aspect of affairs in Europe during the last summer, and especially between Spain and England, gave reason to expect a favorable occasion for pressing to accommodation the unsettled matters between them and us. Mr. Carmichael, our charge d'affaires at Madrid, having been long absent from his country, great changes having taken place in our circum- stances and sentiments during that interval, it was thought expedient to send some person, in a private character, fully acquainted with the present state 01 things here, to be the bearer of written and confidential instructions to him, and at the same time to possess him in full and frequent conversations of all those details of facts and topics of argument which could not be conveyed in writing, but which would be necessary to enable him to meet the reasonings of that Court with advantage. Colonel David Humphreys was therefore sent for these purposes. An additional motive for this confidential mission arose in the same quarter. The Court of lyisbon had on several occasions made the most amicable advances for cultivating friendship and intercourse with the United States. The exchange of a diplomatic character had been inform- ally, but repeatedly, suggested on their part. It was our interest to meet this nation in its friendly dispositions and to concur in the exchange proposed. But my wish was at the same time that the character to be exchanged should be of the lowest and most economical grade. To this it was known that certain rules of long standing at that Court would pro- duce obstacles. Colonel Humphreys was charged with dispatches to the prime minister of Portugal and with instructions to endeavor to arrange this to our views. It happened, however, that previous to his arrival at I^isbon the Queen had appointed a minister resident to the United States. This embarrassment seems to have rendered the difficulty completely insurmountable. The minister of that Court in his conferences with Colonel Humphreys, professing every wish to accommodate, yet expresses his regrets that circumstances do not permit them to concur in the grade of charge d'affaires, a grade of little privilege or respectability by the rules of their Court and held in so low estimation with them that no proper character would accept it to go abroad. In a letter to the Sec- retary of State he expresses the same sentiments, and announces the appointment on their part of a minister resident to the United States, and the pleasure with which the Queen will receive one from us at her Court. A copy of his letter, and also of Colonel Humphreys's giving the details of this transaction, will be delivered to you. On consideration of all circumstances I have determined to accede to the desire of the Court of Lisbon in the article of grade. I am aware that the consequences will not end here, and that this is not the only instance in which a like change may be pressed. But should it be necessary 9° Afi'ssao-rs and Papers of the Prcsidc7its to yield elsewhere also, 1 shall think it a less evil than to disgust a goveniiuent so friendly and so interesting to us as that of Portugal. I do not mean that theehange of grade shall render the mission more expensive. I have therefore nominated David Humphreys minister resident from the United States to Her Most Faithful Majesty the Queen of Portugal. GO WASHINGTON. United States, February 22, 17 91. Gcntlemeyi of the Seriate: I will proceed to take measures for the ransom of our citizens in capti\aty at Algiers, in conformity with your resolution of advice of the I St instant, so soon as the moneys necessary shall be appropriated by the Legislature and shall be in readiness. The recognition of our treaty with the new Emperor of Morocco requires also pre\'ious appropriation and provision. The importance of this last to the liberty and property of our citizens induces me to urge it on your earhest attention. G9 WASHINGTON. United States, February 23, 1791. Gentlemeyi of the Senate: Information having been received from Thomas Auldjo, who was appointed vice-consul of the United States at Cowes, in Great Britain, that his commission has not been recognized by that Government because it is a port at which no foreign consul has yet been received, and that it has been intimated to him that his appointment to the port of Poole and parts nearer to that than to the residence of any other consul of the United States would be recognized and his residence at Cowes not -noticed, I have therefore thought it expedient to nominate Thomas Auldjo to be vice-consul for the United States at the port of Poole, in Great Britain, and such parts within the allegiance of His Britannic Majesty as shall be nearer thereto than to the residence of any other consul or vice-consul of the United States within the same allegiance. I also nominate James Yard, of Pennsylvania, to be consul for the United States in the island of vSanta Cruz and such other parts within the allegiance of His Danish Majesty as shall be nearer thereto than to the residence of any other consul or vice-consul of the United States within the same allegiance. GO WASHINGTON. United States, March 4, 17 91. Gentlemen of the Senate : The act for the admission of the vState of Vermont into this Union having fixed on this as the day of its admission, it was thought that this would also be the first day ou which any officer of the Union might George Washington 91 legally perform any act of authority relating to that State. I therefore required your attendance to receive nominations of the several officers necessar}^ to put the Federal Government into motion in that State * For this purpose I nominate Nathaniel Chipman to be judge of the dis- trict of Vermont ; Stephen Jacobs to be attorney for the United States in the district of Vermont; L,ewis R. Morris to be marshal of the district of Vermont, and Stephen Keyes to be collector of the port of Allburgh, in the State of Vermont. ^^ WASHINGTON United States, March 4., 1791. Gentlemen of the Senate: Pursuant to the powers Vested in me by the act entitled ' ' An act repealing after the last day of June next the duties heretofore laid upon distilled spirits imported from abroad and laying others in their stead, and also upon spirits distilled within the United States, and for appro- priating the same," I have thought fit to divide the United States into the following districts, namely: The district of New Hampshire, to consist of the State of New Hamp- shire; the district of Massachusetts, to consist of the State of Massachu- setts; the district of Rhode Island and Providence Plantations, to consist of the State of Rhode Island and Providence Plantations; the district of Connecticut, to consist of the State of Connecticut; the district of Ver- mont, to consist of the State of Vermont; the district of New York, to consist of the State of New York ; the district of New Jersey, to consist of the State of New Jersey; the district of Pennsylvania, to consist of the State of Pennsylvania; the district of Delaware, to consist of the State of Delaware; the district of Maryland, to consist of the State of Maryland; the district of Virginia, to consist of the State of Virginia; the district of North Carolina, to consist of the State of North Carolina; the district of South Carolina, to consist of the State of South Carolina; and the dis- trict of Georgia, to consist of the State of Georgia. And I hereby nominate as supervisors of the said districts, respectively, the following persons, viz: For the district of New Hampshire, Joshua Wentworth; for the dis- trict of Massachusetts, Nathaniel Gorham; for the district of Rhode Island and Providence Plantations, John S. Dexter; for the district of Connecticut, John Chester; for the district of Vermont, Noah Smith; for the district of New York, William S. Smith; for the district of New Jersey, Aaron Dunham; for the district of Pennsylvania, George Clynier; for the district of Delaware, Henry I^atimer; for the district of Maryland, George Gale; for the district of Virginia, Edward Carrington; for the district of North Carolina, William Polk; for the district of South Caro- lina, Daniel Stevens; for the district of Georgia, John Mathews. GO WASHINGTON. ♦ For proclamation convening Senate in extraordinary session see p. 571 93 Aft\ss(7ofs and Papers of the Presidents PROCLAMATIONS. [l-rnm a hrnndside in the archives of tlie Department of State.] Bv Tin-: President of the United States of America. A PROCLAMATION. Whereas the general assembly of the State of Maryland, by an act passeil on the 23d day of December, A. D. 1788, intituled "An act to cede to Congress a district of 10 miles square in this State for the seat of the Govcnnnent of the ITnited States," did enact that the Representatives of the said State in the House of Representatives of the Congress of the United States, appointed to assemble at New York on the first Wednes- day of March then next ensuing, should be, and the}^ were thereby, authorized and required on the behalf of the said State to cede to the Congress of the United States any district in the said State not exceeding ID miles square which the Congress might fix upon and accept for the seat of Government of the United States; And the general assembly of the Commonwealth of Virginia, by an act passed on the 3d day of December, 1789, and intituled "An act for the cession of 10 miles square, or any lesser quantity, of territory within this State to the United States in Congress assembled, for the permanent seat of the General Government," did enact that a tract of country not exceeding 10 miles square, or any lesser quantity, to be located within the limits of the said State, and in any part thereof, as Congress might by law direct, should be, and the same was thereby, forever ceded and relin- quished to the Congress and Government of the United States, in full and absolute right and exclusive jurisdiction, as well of soil as of per- sons residing or to reside thereon, pursuant to the tenor and effect of the eighth section of the first article of the Constitution of Government of the United States; And the Congress of the United vStates, by their act passed the i6th day of July, 1790, and intituled "An act for establishing the temporary and permanent seat of the Government of the United States, ' ' authorized the President of the United States to appoint three commissioners to survey under his direction and by proper metes and bounds to limit a district of territory, not exceeding 10 miles square, on the river Potomac, at some place between the mouths of the Eastern Branch and Connogo- cheque, which district, so to be located and limited, was accepted by the said act of Congress as the district for the permanent seat of the Gov- ernment of the United States: Now, therefore, in pursuance of the powers to me confided, and after duly examining and weighing the advantages and disadvantages of the several situations within the limits aforesaid, I do herebj' declare and make known that the location of one part of the said district of 10 miles square shall be found by running four lines of experiment in the George Washington 93 following manner, that is to say: Running from the court-house of Alex- andria, in Virginia, due southwest half a mile, and thence a due south- east course till it shall strike Hunting Creek, to fix the beginning of the said four lines of experiment. Then beginning the first of the said four lines of experiment at the point on Hunting Creek where the said southeast course shall have struck the same, and runniivg the said first line due northwest 10 miles; thence the second line into Maryland due northeast 10 miles; thence the third line due southeast 10 miles, and thence the fourth line due south- west 10 miles to the beginning on Hunting Creek. And the said four lines of experiment being so run, I do hereby declare and make known that all that part within the said four hues of experiment which shall be within the State of Maryland and above the Eastern Branch, and all that part within the same four lines of experi- ment which shall be within the Commonwealth of Virginia and above a hue to be run from the point of land forming the upper cape of the mouth of the Eastern Branch due southwest, and no more, is now fixed upon and directed to be surveyed, defined, limited, and located for a part of the said district accepted by the said act of Congress for the permanent seat of the Government of the United States (hereby expressly reserv- ing the direction of the survey and location of the remaining part of the said district to be made hereafter contiguous to such part or parts of the present location as is or shall be agreeable to law). And I do accordingly direct the said commissioners, appointed agree- ably to the tenor of the said act, to proceed forthwith to run the said fines of experiment, and the same being run, to sui-vey and by proper metes and bounds to define and limit the part within the same which is hereinbefore directed for immediate location and acceptance, and theieof to make due report to me under their hands and seals. In testimony whereof I have caused the seal of the United States to be alfixed to these presents and signed the same with my hand. r -] Done at the city of Philadelphia, the 24th day of January, A. D. 1791, and of the Independence of the United States the fifteenth. qo WASHINGTON. By the President: Th: Jefferson. [From a broadside In the archives of the Department of State.] By the President op the United States of America, a proci.amation. Whereas it hath been represented to me that James O' Fallon is levy- ing an armed force in that part of the State of Virginia which is called Kentucky, disturbs the public peace, and sets at defiance the treaties of the United States with the Indian tribes, the act of Congress intituled 04 Messages a>id Papers of the Presidents "All act to reguUite trade and intercourse with the Indian tribes," and my proclamations oi the 14th and 26th days of August last founded thereon; and it is my earnest desire that those who have incautiously associated themselves with the said James O' Fallon may be warned of their danger, I have therefore thought fit to publish this proclamation, hereby declaring that all persons violating the treaties and act aforesaid shall be prosecuted with the utmost rigor of the law. And I do, moreover, require all officers of the United States whom it may concern to use theit best exertions to bring to justice any persons offending in the premises. In testimony whereof I have caused the seal of the United vStates to be affixed to these presents and signed the same with my hand. P 1 Done at the city of Philadelphia, the 19th day of March, A. D. 1 79 1, aud of the Independence of the United vStates the fifteenth. qo WASHINGTON. By the President: Th: Jefferson. [From the Washington Papers (Executive Proceedings), vol. 20, p. 191.] By the President of the United States of America, a proclamation. Whereas by a proclamation bearing date the 24th day of January of this present year, and in pursuance of certain acts of the States of Marj^- land and Virginia and of the Congress of the United States, therein mentioned, certain lines of experiment were directed to be run in the neighborhood of Georgetown, in Maryland, for the purpose of determin- ing the location of a part of the territory of 10 miles square for the per- manent seat of the Government of the United States, and a certain part was directed to be located within the said lines of experiment on both sides of the Potomac and above the limit of the Eastern Branch pre- scribed by the said act of Congress; And Congress by an amendatory act. passed on the 3d day of the present month of March have given further authority to the President of the United States ' ' to make any part of the territor}^ below the said limit and above the mouth of Hunting Creek a part of the said district, so as to include a convenient part of the Eastern Branch and of the lands lying on the lower side thereof, and also the town of Alexandria' ' : Now, therefore, for the purpose of amending and completing the loca- tion of the whole of the said territory of 10 miles square in conformity with the said amendatory act of Congress, I do hereby declare and make known that the whole of the said territory shall be located and included within the four lines following, that is to say: Beginning at Jones's Point, being the upper cape of Hunting Creek, in Virginia, and at an angle in the outset of 45 degrees west of the north, George Washington 95 and running in a direct line lo miles for the first line ; then beginning again at the same Jones's Point and running another direct line at a right angle with the first across the Potomac lo miles for the second line; then from the termination of the said first and second lines run- ning two other direct lines of lo miles each, the one crossing the Eastern Branch aforesaid and the other the Potomac, and meeting each other in a point. And I do accordingly direct the commissioners named under the authority of the said first-mentioned act of Congress to proceed forth- with to have the said four lines run, and by proper metes and bounds defined and limited, and thereof to make due report imder their hands and seals; and the territory so to be located, defined, and limited shall be the whole territory accepted by the said acts of Congress as the district for the permanent seat of the Government of the United States. In testimony whereof I have caused the seal of the United States to be affixed to these presents and signed the same with my hand, r -1 Done at Georgetown aforesaid, the 30th day of March, A. D. 1 79 1, and of the Independence of the United States the fifteenth. GO WASHINGTON. THIRD ANNUAL ADDRESS. United States, October 2^, 1791. Fellow-Citizens of the Senate a7id of the House of Represeyitatives: I meet you upon the present occasion with the feelings which are naturally inspired by a strong impression of the prosperous situation of our common country, and by a persuasion equally strong that the labors of the session which has just commenced will, under the guidance of a spirit no less prudent than patriotic, issue in measures conducive to the stability and increase of national prosperity. Numerous as are the providential blessings which demand our grateful acknowledgments, the abundance with which another year has again rewarded the industry of the husbandman is too important to escape recollection. Your own observations in your respective situations will have satisfied you of the progressive state of agriculture, manufactures, commerce, and navigation. In tracing their causes you will have remarked with particular pleasure the happy effects of that revival of confidence, public as well as private, to which the Constitution and laws of the United [States have so eminently contributed; and you will have observed with no less interest new and decisive proofs of the increasing reputation and .1/, .».w/i,vA art J Piipcrs of the Presidents <\K-w <'i tiir nalion. Hut you ijcvcrthcless cat) not fail to derive satis- fiictiiiti fnun the iHmfirmatioii of these circumstances which will he dis- doMd in the several oflicial couununicatious that will he- made to you in the ' f your dclil>en»tions. T . -ultM-riptions to the Hank of the United vStates, which com- pletctt Ihc sum alK>wec subscril)ed in a single day, is among the ■- ' ■ - and pleasing evidences which present themselves, not only of - e in the Oovenunent, hut of resource in the connnunity. In I ho interval of your recess due attention has been paid to the execu- tion i>f the different objects which were specially provided for b)- the laws and rv>olutions of the last session. Among the most imiwrtant of these is the defense and security of the Westenj frontiers. To accomplish it on the most humane principles was a primary wish. Accordingly, at the .same time that treaties have been provisionally concluded and other i)roix?r means used to attach the wavering and to ctmfinii in their friendship the well-disposed tribes of Indians, effectual meiusures have been adopted to make these of a hostile description sensi- ble that a pacification was desired upon terms of moderation and justice. Those measures having proved unsuccessful, it became necessary to couN-ince the refractory of the power of the United States to punish their depredations. Offensive operations have therefore been directed, to be conducted, however, as consistently as possible with the dictates of humanity. Some of these have Ijeen crowned with full success and others are yet depending. The expeditions which have been completed were carried on under the authority and at the expense of the United States by the militia of Kentucky, whose enterprise, intrepidity, and good conduct are cntitlemaiiicil in the several acts on that subject, a ilistriot i>t lo miles square for the permanent seat of the Government of the l^nittil v^tutes has heeii fixed and announced by proclamation, which district will compreheml lands on IkHIi sides of the river Potomac ami the towns of Alexandria and Georgetown. A city has also been laid out aRTwably lo a plan whieli will be placed before Congress, and as thcix* is a i>rus|x>ct. favored by the rate of sales which have already taken place, of ample fumls for carrying on the necessary public build- ings, there is every exjK*ctation of their due progress. The cDMipletion of the census of the inhabitants, for which provision was nuule by law, has l)een duly notified (excepting one instance in which the return has been informal, and another in which it has been oniittetl or mi.scarried), and the returns of the officers who were charged with this duty, which will be laid before you, will give you the pleasing assurance that the present population of the United States borders on 4,000,000 persons. It is proper also to inform you that a further loan of 2,500,000 florins has been completed in Holland, the terms of which are similar to those of the one last announced, except as to a small reduction of charges. Another, on like terms, for 6,000,000 florins, had been set ou foot under circumstances that assured an immediate completion, Gcntlancn of the Senate: Two treaties which have been provisionally concluded with the Chero- kees and Six Nations of Indians will be laid before you for your con- sideration and ratification. Gentlemen of the House of Representatives* In entering upon the discharge of your legislative trust you must anticipate with pleasure that many of the difficulties necessarily incident to the first arrangements of a new government for an extensi\^e country have been happily surmounted by the zealous and judicious exertions of your predecessors in cooperation with the other branch of the Legisla- ture. The important objects which remain to be accomplished will, I am persuaded, be conducted upon principles equally comprehensive and cfiually well calculated for the advancement of the general weal. The time limited for receiving subscriptions to the loans proposed by the act making provision for the debt of the United States having expired, statements from the proper department will as soon as possible apprise you of the exact result. ICnough, however, is known already t(j afford an assurance that the views of that act have been substantially fulfilled. The subscription in the domestic debt of the United States has embraced by far the greatest proportion of that debt, affording at the same time proof of the general satisfaction of the public creditors George Washington 99 with the system which has been proposed to their acceptance and of the spirit of accommodation to the convenience of the Government with which the}' are actuated. The subscriptions in the debts of the respec- tive States as far as the provisions of the law have permitted may be said to be yet more general. The part of the debt of the United States which remains unsubscribed will naturally engage your further deliberations. It is particularly pleasing to me to be able to announce to you that the revenues which have been established promise to be adequate to their objects, and may be permitted, if no unforeseen exigency occurs, to supersede for the present the necessity of any new burthens upon our constituents. An object which will claim your early attention is a provision for the current service of the ensuing year, together with such ascertained demands upon the Treasury as require to be immediately discharged, and such casualties as may have arisen in the execution of the public business, for which no specific appropriation may have yet been made; of all which a proper estimate will be laid before you. Gentlcnie?i of the Senate and of the House of Representatives : I shall content myself with a general reference to former communica- tions for several objects upon which the urgency of other affairs has hitherto postponed any definitive resolution. Their importance will recall them to your attention , and I trust that the progress already made in the most arduous arrangements of the Government will afford you leisure to resume them with advantage. There are, however, some of them of which I can not forbear a more particular mention. These are the miUtia, the post-office and post-roads, the mint, weights and measures, a provision for the sale of the vacant lands of the United States. The first is certainly an object of primary importance whether viewed in reference to the national security to the satisfaction of the community or to the preser\'ation of order. In connection with this the estabHshment of competent magazines and arsenals and the fortification of such places as are peculiarly important and \nilnerable naturally, present themselves to consideration. The safety of the United States under divine protec- tion ought to rest on the basis of systematic and solid arrangements, exposed as little as possible to the hazards of fortuitous circumstances. The importance of the post-office and post-roads on a plan sufficiently liberal and comprehensive, as they respect the expedition, safety, and facility of communication, is increased by their instrumentality in diffus- ing a knowledge of the laws and proceedings of the Government, which, while it contributes to the security of the people, serves also to guard them against the effects of misrepresentation and misconception. The establishment of additional cross posts, especially to some of the important M P— voi, 1—5 Aff'suij^fs and Papt'rs of the Presidents plants in Ihc Western nml Northern parts of the Union, can not fail to be of mulcrial nlility. The ilistirilors in the existing cnrroncy, and especially the scarcity of small change, a s^-arcity so iKvuliarly distressing to the poorer classes, Strongly nxt>inn)end the carr>-ing into immediate effect the resolution alrxnidy entercnl into concerning the establishment of a mint. Measures have Ux-n taken pursuant to that resolution for procuring some of the mo^t necessary' artists, together with the requisite apparatus. An mnformity in the weights and measures of the country is among the important o])jects submitted to you by the Constitution, and if it can be derivetl from a standard at once invariable and universal, nnist be no less honorable to the public councils than conducive to the public convenience. A provision for the sale of the vacant lands of the United States is particularly urged, among other reasons, by the important considerations that tlicy are pledged as a fund for reimbursing the public debt; that if timely and judiciously applied they may save the necessity of burthen- ing our citizens with new taxes for the extinguishment of the principal-, and that lx;ing free to discharge the principal but in a limited proportion, no opportunity ought to be lost for availing the public of its right. G9 WASHINGTON. ADDRESS OF THE SENATE TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. The PRESIDENT OF THE UNITED STATES. Sir: The Senate of the United States have received with the highest satisfaction the assurances of public prosperity contained in your speech to both Houses. The multipUed blessings of Providence have not escaped our notice or failed to excite our gratitude. The benefits which flow from the restoration of public and private confidence are conspicuous and important, and the pleasure with which we contemplate them is heightened by your assurance of those further communications which shall confirm their existence and indicate their source. \^Tiile we rejoice in the success of those miUtary operations which have been dirc-cted against the hostile Indians, we lament wnth you the necessity that has produced them, and we participate the hope that the present prospect of a general peace on terms of moderation and justice may be wTought into complete and permanent effect, and that the meas- ures of Goveniment may equally embrace the security of our frontiers and the general interests of humanity, our solicitude to obtain which will insure our zealous attention to an object so warmly espoused by the prin- ciples of Ixfuevolence and so highly interesting to the honor and welfare of the nation. George Washington ifJi The several subjects which you have particularly recommended and those which remain of former sessions will engage our early considera- tion. We are encoura jd to prosecute them with alacrity and steadiness by the belief that they will interest no passion but that for the general welfare, by the assurance of concert, and by a view of those arduous and important arrangements which have been already accomplished. We observe, sir, the constancy and activity of your zeal for the public good. The example will animate our efforts to promote the happiness of our country. October 28, ^791. REPLY OF THE PRESIDENT. Gentlemen: This manifestation of your zeal for the honor and the happiness of our country derives its full value from the share which your deliberations have already had in promoting both. I thank j^ou for the favorable sentiments with which you view the part I have borne in the arduous trust committed to the Government of the United States, and desire you to be assured that all my zeal will continue to second those further efforts for the public good which are insured by the spirit iu which you are entering on the present session. G9 WASHINGTON. October 31, 1791. ADDRESS OF THE HOUSE OF REPRESENTATIVES TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. Sir: In receiving your address at the opening of the present session the House of Representatives have taken an ample share in the feelings inspired by the actual prosperity and flattering prospects of our country, and whilst with becoming gratitude to Heaven we ascribe this happi- ness to the true source from which it flows, we behold with an animating pleasure the degree in which the Constitution and laws of the United States have been instrumental in dispensing it. It yields us particular satisfaction to learn the success with which the different important measures of the Government have proceeded, as well those specially pro\'ided for at the last session as those of preceding date. The safety of our Western frontier, in which the lives and repose of so many of our fellow-citizens are involved, being peculiarly interest- ing, your communications on that subject are proportionally grateful to us. The gallantry and good conduct of the militia, whose sen'ices were called for, is an honorable confirmation of the efl&cacy of that precious resource of a free state, and we anxiously wish that the consequences of their successful enterprises and of the other proceedings to which you have referred may leave the United States free to pursue the most J*^-^ xMtssai^cs and Papers of the Presidents benevolent policy toward the unhappy and deluded race of people in our neighlx^rhoixl. The amount of the populaion of the United States, determined by the returns of the census, is a source of the most pleasing reflections whether it W. \'iev.-ed in relation to our national safety and respectability or as a proof of that felicity in the situation of our country which favors so unexampled a rapidity in its growth. Nor ought any to be insensible to the adtlitional motive suggested by this important fact to perpetuate the free Govenament established, with a wise administration of it, to a portion of the earth which promises such an increase of the number which is to enjoy those blessings within the limits of the United States. We shall proceed with all the respect due to your patriotic recommen- dations and with a deep sense of the trust committed to us by our fellow-citizens to take into consideration the various and important matters falling within the present session; and in discussing and decid- ing each we shall feel ever^^ disposition whilst we are pursuing the public welfare, which must be the supreme object with all our constituents, to accommodate as far as possible the means of attaining it to the senti- ments and wishes of every part of them. October 27, 1791. reply of the president. Gentlemen: The pleasure I derive from an assurance of your attention to the objects I have recommended to you is doubled b}' your concurrence in the testimony I have borne to the prosperous condition of our public affairs. Relying on the sanctions of your enlightened judgment and on your patriotic aid, I shall be the more encouraged in all my endeavors for the public weal, and particularly in those which may be required on my part for executing the salutary measures I anticipate from your present deUberations. G9 WASHINGTON. October 28, 1791. SPECIAL MESSAGES. United States, October 26, 17 91. Gentlemen of the Senate and of the House of Representatives: I lay before you copies of the follov/ing acts, which have been trans- mitted to me during the recess of Congress, viz: An act passed by the legislature of New Hampshire for ceding to the United States the fort and light-house belonging to the said State. An act of the legislature of Pennsylvania ratifying ou behalf of said George Washington 103 State the first article of amendment to the Constitution of the United States as proposed by Congress; and An act of the legislature of North Carolina granting the use of the jails within that State to the United States. GO WASHINGTON. United States, October 26, 17 91. Gentlemen of the Senate: I have directed the Secretary of War to lay before you for your consid- eration all the papers relative to the late negotiations with the Cherokee Indians, and the treaty concluded with that tribe on the 2d day of July last by the superintendent of the southern district, and I request your advice whether I shall ratify the same. I also lay before you the instructions to Colonel Pickering and his conferences with the Six Nations of Indians. The.se conferences were for the purpose of conciliation, and at a critical period, to withdraw those Indians to a greater distance from the theater of war, in order to prevent their being involved therein. It might not have been necessary to have requested your opinion on this business had not the commissioner, with good intentions, but incau- tiously, made certain ratifications of lands unauthorized by his instruc- tions and unsupported by the Constitution. It therefore became necessary to disavow the transaction explicitly in a letter written by my orders to the governor of New York on the i7tla of August last. The speeches to the Complanter and other Seneca chiefs, the instruc- tions to Colonel Proctor, and his report, and other messages and directions are laid before j^ou for your information and as evidences that all proper lenient measures preceded the exercise of coercion. The letters to the chief of the Creeks are also laid before you, to evince that the requisite steps have been taken to produce a full compliance with the treaty made with that nation on the 7th of August, 1790. GO WASHINGTON. United States, October 27, 1791. Gentlemen of the Senate and of the Hotise of Representatives: I lay before you a copy of a letter and of sundry documents which I have received from the governor of Pennsylvania, respecting certain persons who are said to have fled from justice out of the State of Penn- sylvania into that of Virginia, together with a report of the Attorney- General of the United States upon the same subject. I have received from the governor of North Carolina a copy of an act of the general assembly of that State, authorizing him to convey to the United States the right and jurisdiction of the said State over i acre of 104 ^ft'ss^i,>^fs and Papers of the Presidents laiul in Oocacock Islaiul ami lo acres on the Cape Island, within the said State, for the pnrix)se of erectini; Hi;ht-houses thereon, together with the deed of the governor in pursnancc thereof and the original conveyances made to the v^tate \i\ the individnal i)roprietors, which original convey- ances contain conditions that the light-house on Occacock shall be built l)efore the ist day of January, 1801, and that on the Cape Island before the 8th day of October, 1800. And I have caused these several papers to l)e deiK)sited in the office of the Secretary of State. A statetnent of the returns of the enumeration of the inhabitants of the Ihiited States which have been received will at this time be laid before you. GO WASHINGTON. United States, October 2y, 17 91. Gmtlcmcn of the Senate mid of the House of Representatives: I have directed the Secretary of War to lay before you, for your infor- mation, the reports of Brigadier- General Scott and lyieutenant-Colonel Commandant Wilkinson, the ofl&cers who commanded the two expedi- tions against the Wabash Indians in the months of June and August last, together with the instructions by virtue of which the said expedi- tions were undertaken. When the operations now depending shall be terminated, the reports relative thereto shall also be laid before you. GO WASHINGTON. United States, October ji, 1791. Gentlemen of the Senate and of the House of Representatives: I send you herewith the arrangement which has been made by me, pursuant to the act entitled "An act repealing after the last day of June next the duties heretofore laid upon distilled spirits imported from abroad and laying others in their stead, and also upon spirits distilled within the United States, and for appropriating the same, ' ' in respect to the subdivision of the several districts created by the said act into surv^eys of inspection, the appointment of officers for the same, and the assignment of compensations. GO WASHINGTON. United States, November 7, 17 91. Gentlemen of the Senate and of the House of Represeyitatives: I received yesterday from the judge of the district of South Carolina a letter, inclosing the presentments of the grand jury to him, and stating the causes which have prevented the return of the census from that district, copies of which are now laid before you. G9 WASHINGTON. George Washington 105 United States, November to, 1791. Gentlemen 0/ the Senate and of the House 0/ Representatives: The resolution passed at the last session of Congress, requesting tlie President of the United States to cause an estimate to be laid before Congress at their next session of the quantity and situation of the lauds not claimed by the Indians nor granted to nor claimed by any of the citizens of the United States within the territory ceded to the United States by the State of North Carolina and within the territory of the United States northwest of the river Ohio, has been referred to the Secretary of State, a copy of whose report on that subject I now lay before you, together with the copy of a letter accompanying it. GO WASHINGTON. Uniteb States, November 11, ly^i. Gentlemen of the Senate and of the House of Representatives: I have received from the governor of Virginia a resolution of the general assembly of that Commonwealth, ratifying the first article of the amendments proposed by Congress to the Constitution of the United States, a copy of which and of the letter accompanying it I now lay before you. Sundry papers relating to the purchase by Judge Symmes of the lands on the Great Miami having been communicated to me, I have thought it proper to lay the same before you for your information on that subject. G9 WASHINGTON. United States, December 12, 17 91- Gentlemen of the Senate and of the Ho2ise of Representatives: It is with great concern that I communicate to you the information received from Major- General St. Clair of the misfortune which has befallen the troops under his command. Although the national loss is considerable according to the scale of the event, 3^et it may be repaired without great difficulty, excepting as to the brave men who have fallen on the occasion, and who are a subject of public as well as private regret. A further communication will shortly be made of all such matters as shall be necessary to enable the Legislature to judge of the future measures which it may be proper to pursue. GO WASHINGTON. United States, December ij, 17 91. Gentlemen of the Senate and of the House of Representatives: I place before you the plan of a city that has been laid out within the district of 10 miles square, which was fixed upon for the permanent seat of the Government of the United States. G9 WASHINGTON. io6 Messages and Papers of the Presidents United States, December 20, T'jgr. Gentlemen of the Senate and of the House of Rcprcseyitativcs: 1 lay lx?fore you the copy of a letter which I have received from the govenior of the Commonwealth of Pennsylvania, and of sundry documents which accompanied it, relative to a contract for the purchase of a certain tract of land boundinj; on Lake Erie, together with a copy of a report of the Secretary of State ou the same subject. GO WASHINGTON. United States, December jo, 17 91. Gentlemen of the Senate and of the Hotisc of Representatives: I lay before yo\x a copy of the ratification by the Commonwealth of Virginia of the articles of amendment proposed by Congress to the Constitution of the United States, and a copy of a letter which accom- panied said ratification from the governor of Virginia. GO WASHINGTON. United States, fanuary 11, 1792. Gentlem£7i of th^: Senate: I lay before you the following report, which has been made to me by the Secretar>' of State : December 22, 1791. The Secretary of State reports to the President of the United States that one ol the commissioners of Spain, in the name of both, has lately communicated to him verbally, by order of his Cotxrt, that His Catholic Majesty, apprised of our solicitude to have some arrangements made respecting our free navigation of the river Missis- sippi and the use of a port thereon, is ready to enter into treaty thereon at Madrid. The Secretary of State is of opinion that this overture should be attended to without delay, and that the proposal of treating at Madrid, though not vi'hat might have been desired, should yet be accepted, and a commission plenipotentiary made out for the purpose. That Mr. Carmichael, the present chargd d'affaires of the United States at Madrid, from the local acquaintance which he must have acquired with persons and circum- stances, would be an useful and proper member of the commission, but that it would be useful also to join with him some person more particularly acquainted with the circumstances of the navigation to be treated of. That the fund appropriated by the act providing the means of intercom-se between the United States and foreign nations will insufficiently furnish the ordinary and regular demands on it, and is consequently inadequate to the mission of an additional commissioner express from hence. That therefore it will be advisable on this account, as well as for the sake of dispatch, to constitute some one of the ministers of the United States in Europe, jointly with Mr. Carmichael, commissioners plenipotentiary for the special purpose of negotiating and concluding with any person or persons duly authorized by His Catholic Majesty a convention or treaty for the free navigation of the river Missis- sippi by the citizens of the United States under such accommodations with respect to a port and other circiunstauces as laay render the said navigation practicable. George Washington 107 useful, and free from dispute, saving to the President and Senate their respective rights as to the ratification of the same, and that the said negotiation be at Madrid, or such other place iu Spain as shall be desired by His Catholic Majesty. TH: JEFFERSON. In consequence of the communication from the Court of Spain, as stated in the preceding report, I nominate Wilhani Carmichael, present charge d'affaires of the United States at Madrid, and WilHam Short, present charge d'affaires of the United States at Paris, to be commis- sioners plenipotentiary for negotiating and concluding with any person or persons who shall be duly authorized by His Catholic Majesty a con- vention or treaty concerning the navigation of the river Mississippi by the citizens of the United States, saving to the President and Senate their respective rights as to the ratification of the same. GQ WASHINGTON. United States, January 11, 1792. Gentlemen of the Senate and of the House of Representatives: I lay before you, in confidence, two reports, made to me by the Secre- tary for the Department of War, relatively to the present state of affairs on the Western frontiers of the United States. In these reports the causes of the present war with the Indians, the measures taken by the Executive to terminate it amicably, and the mili- tary preparations for the late campaign are stated and explained, and also a plan suggested of such further measures on the occasion as appear just and expedient. I am persuaded, gentlemen, that yoti will take this important subject into your immediate and serious consideration, and that the result of your deliberations will be the adoption of .such wise and efl&cient measures as will reflect honor on our national councils and promote the welfare of our country. GO WASHINGTON. United States, January 18, 1792. Gentlemen of the Senate and of the House of Representatives: I lay before you a copy of an exemplified copy of an act of the legisla- ture of Vermont, ratifying on behalf of that State the articles of amend- ment proposed by Congress to the Constitution of the United States together with a copy of a letter which accompanied said ratification. G9 WASHINGTON. United States, January 18, 1792. Gentlemen of the Senate: I lay before you the communications of a deputation from the Chero- kee Nation of Indians now in this city , and I request your advice whether i<^ Mrssai^es and Papirs of the Presidents an additional article shall be uuule to the Cherokee treaty to the follow- ing effect, \.o wit : That the sum to be paid annually by the United States to the Cher- okee Nation of Indians in consideration of the relinquishment of lands as stated in the treaty made with them t)n the 2d day of July, 1791, shall be 51,500 instead of "pi ,000 mentioned in the said treaty. GO WASHINGTON. United StKfES, Ja7tuary 2j , 1792. Geritlnficn of the Senate and of the House of Representatives: Having received from the governor of Virginia a letter, inclosing a resolution of the general assembly of that State and a report of a com- mittee of the House of Delegates respecting certain lands located by the officers and soldiers of the Virginia line under the laws of that State, and since ceded to the Chickasaw Indians, I lay copies of the same before you, together with a report of the Secretary of State on this subject. GO WASHINGTON. United States, February 8, 1792. Ge?itlemen of the Senate and of the House of Represeiitatives: An article of expense having occurred in the Department of Foreign Affairs for which no provision has been made by law, I lay before you a letter from the Secretary of State explaining the same, in order that you may do thereon what you shall find to be right. GO WASHINGTON. United States, March 3, 1792. Gentlemen of the Senate and of the House of Representatives: I lay before you a copy of a return of the number of inhabitants in the district of South Carolina as made to me by the marshal thereof, and a copy of a letter which accompanied said return. GO WASHINGTON. United States, March 5, 1792. Gentlemen of the Senate and of the House of Represe?itatives: Knowing the friendly interest you take in whatever may promote the happiness and prosperity of the French nation, it is with pleasure that I lay before you the translation of a letter which I have received from His Most Christian Majesty, announcing to the United States of America his acceptance of the constitution presented to him by his nation. GO WASHINGTON, George Washington 109 Very Dear Great I'riends and Allies: We make it our duty to inform you that we have accepted the constitution which has been presented to us in the name of the nation, and according to which France will be henceforth governed. We do not doubt that you take an interest in an event so important to our Kingdom Hud to us, and it is with real pleasure we take this occasion to renew to you assur- ances of the sincere friendship we bear you. Whereupon we pray God to have yon, very dear great friends and allies, in His ju.st and holy keeping. Written at Paris the 19th of September, 1791. Your good friend and ally, LOUIS. MONTMORIN. The Unitkd States of North America. United States, March 6, 1792. Gentleme7i of the Senate: I lay before you the following report, which has been submitted to me by the Secretary of State: January 10, 1792. The Secretary of State having received information that the merchants and mer- chandise of the United States are subject in Copenhagen and other ports of Denmark to considerable extra duties, from which they might probably be relieved by the presence of a consul there — Reports to the President of the United States that it would be expedient to name a consul to be resident in the port of Copenhagen; that he has not been able to find that there is any citizen of the United State? residing there; that there is a certain Hans Rudolph Saaby, a Danish subject and merchant of that place, of good character, of wealth and distinction, and well qualified and disposed to act there for the United States, who would probably accept the commission of consul; but that that of vice- consul, hitherto given by the President to foreigners in ports where there was no proper American citizen, would probably not be accepted because in this, as in some other ports of Europe, usage has established it as a subordinate grade. And that he is therefore of the opinion that the said Hans Rudolph Saaby should be nominated consul of the United States of America for the port of Copenhagen and such other places within the allegiance of His Danish Majesty as shall be nearer to the said port than to the residence of any other consul or vice-consul of the United States within the same allegiance. TH: JEFFERSON. With a view to relieve the merchants and merchandise of the United States from the extra duties to which they are or may be subjected in the ports of Denmark, I have thought it for the interest of the United States that a consul be appointed to reside at Copenhagen. I therefore nominate Hans Rudolph Saaby, a Danish subject and merchant of Copenhagen, to be consul for the United States of America at the port of Copenhagen and for such other places within the allegiance of His Danish Majesty as shall be nearer to the said port than to the residence of any other consul or vice-consul of the United States within the same allegiance. G9 WASHINGTON. 1 1'-* Mtssa^rs and Papers of the Presidents Unitkd States, March 7, 1792. Gefi/letum of the Soiatc: I submit to >-oiir consideration the report of the Secretary of State, which accompanies this, stating the reasons for extending the negotia- tion proposed at Madrid to the subject of commerce, and explaining, mider the form of instructions to the commissioners lately appointed to that Court, the principles on which commercial arrangements with Spain might, if desired on her part, be acceded to on ours ; and I have to request your decision whether you will advise and consent to the extension of the powers of the connnissioners as proposed, and to the ratification of a treaty which shall conform to those instructions should they enter into such a one with that Court. G9 WASHINGTON. March 7, 1792. The Secrctar}* of State having understood from communications with the commis- sioners of His Catholic Majesty, subsequent to that which he reported to the President on the 22d of December last, that though they considered the navigation of the Mississippi as the principal object of negotiation between the two countries, yet it was expected by their Court that the conferences would extend to all the mat- ters which were under negotiation on the former occasion with Mr. Gardoqui, and particularly to some arrangements of commerce, is of opinion that to renew the conferences on this subject also, since they desire it, will be but friendly and respect- ful, and can lead to nothing without our own consent, and that to lefuse it might obstruct the settlement of the questions of navigation and boundary; ^nd therefore reports to the President of the United States the following observations and instruc- tions to the commissioners of the United States appointed to negotiate with the Court of Spain a treaty or convention relative to the navigation of the Mississippi, which observations and instructions he is of opinion should be laid before the Senate of the United States, and their decision be desired whether they will advise and consent that a treaty be entered into by the commissioners of the United States with Spain conformably thereto. After stating to oux commissioners the foundation of our rights to navigate the Mississippi and to hold our southern boundary at the thirty-iirst degree of latitude, and that each of these is to be a sine qua non, it is proposed to add as follows: On the former conferences on the navigation of the Mississippi, Spain chose to blend with it the subject of commerce, and accordingly specific propositions thereon passed between the negotiators. Her object then was to obtain our renunciation of the navigation and to hold out commercial arrangements perhaps as a lure to us. Perhaps, however, she might then, and may now, really set a value on commercial arrangements with us, and may receive them as a consideration for accommodating us in the navigation, or may wish for them to have the appearance of receiving a consideration. Commercial arrangements, if acceptable in themselves, will not be the less so if coupled with those relating to navigation and boundary'. We have only to take care that they be acceptable in themselves. There are two principles which may be proposed as the basis of a commercial treaty: First, that of exchanging the privileges of native citizens, or, second, those of the most favored nation. First. With the nations holding important possessions in America we are ready to exchange the rights of native citizens, provided they be extended through the whole possessions of both parties; but the propositions of Spain made on the former occa- George Washington m sion (a copy of which accompanies this) were that we should give their merchants, vessels, and productions the privileges of native merchants, vessels, and productions through the whole of our possessions, and they give the same to ours only in Spain and the Canaries. This is inadmissible, because unequal; and as we believe that Spain is not ripe for an equal exchange on this basis, we avoid proposing it. Second. Though treaties which merely exchange the rights of the most favored nations are not without all inconvenience, yet they have their conveniences also. It is an important one that they leave each party free to make what internal regulations they please, and to give what preferences they find expedient to native merchants, vessels, and productions ; and as we already have treaties on this basis with France, Holland, Sweden, and Prussia, the two former of which are perpetual, it will be but small additional embarrassment to extend it to Spain. On the contrary, we are sensible it is right to place that nation on the most favored footing, whether we have a treaty with them or not, and it can do us no harm to secure by treaty a reciprocation of the right. Of the four treaties before mentioned, either the French or the Prussian might be taken as a model ; but it would be useless to propose the Pru.ssiati, because we have already supposed that Spain would never consent to those articles which give to each party access to all the dominions of the other ; and without this equivalent we would not agree to tie our own hands so materially in war as would be done by the twenty-third article, which renounces the right of fitting out privateers or of capturing merchant vessels. The French treaty, therefore, is proposed as the model. In this, however, the following changes are to be made : We should be admitted to all the dominions of Spain to which any other foreign nation is or may be admitted. Article 5, being an exemption from a particular duty in France, will of course be omitted as inapplicable to Spain. Article 8 to be omitted as unnecessary with Morocco, and inefficacious and little honorable with any of the Barbary powers ; but it may furnish occasion to sound Spain on the project of a convention of the powers at war with the Barbary States to keep up by rotation a constant cruise of a given force on their coasts till they shall be compelled to renounce forever and against all nations their predatory practices. Perhaps the infidelities of the Algerines to their treaty of peace with Spain, tliough the latter does not choose to break openly, may induce her to subsidize us to cruise against them with a given force. Articles 9 and 10, concerning fisheries, to be omitted as inapplicable. Article 11. The first paragraph of this article respecting the droit d'aubaine to be omitted, that law being supposed peculiar to France. Article 17, giving asylum in the ports of either to the armed vessels of the other with the prizes taken from the enemies of that other, must be qualified as it is in the nineteenth article of the Prussian treaty, as the stipulation in the latter part of the article that ' ' no shelter or refuge shall be given in the ports of the one to such as shall have made prize on the subjects of the other of the parties" would forbid us, in case of a war between France and Spain, to give shelter in otur ports to prizes made by the latter on the former, while the first part of the article would oblige us to shelter those made by the former on the latter — a very dangerous covenant, and which ought never to be repeated in any other instance. Article 29. Consuls should be received at all the ports at which the vessels of either party may be received. Article 30, concerning free ports in Europe and America, free ports in the Spanish possessions in America, and particularly at The Havannah, are more to be desired than expected. It can therefore only be recommended to the best endeavors of the commissioners to obtain them. It will be something to obtain for our vessels, flour, etc., admission to those ports during their cleasure. In like manner, if they could 1 1 .' Missagfs and Papers of the P>€ si dents Jh' provailctl on to reestablish our right of cutting logwood iu the Bay of Campeachy on the fi>oting t)n which it stix)il before the treaty of 1763, it would be desirable and not endanger to us any contest with the Knglish, who by the revolution treaty are restrained to the southeastern parts of Yucatan. Article 31. The act of ratification on our part may require a twelvemonth from the date of the treaty, as the Senate meets regularly but once a year; and to return it to Madrid for cxihattiit' may require four months more. The treaty must not exceed years' duration, except the clauses relating to bouudan,' and the navigation of the ^Mississippi, which must be perpetual and final. Indeeil, these two subjects had better be in a separate instrument. There might have been mentioned a third species of arrangement — that of making special agreements on every special subject of commerce, and of settling a tariff of duty to be paid on each side on every particular article; but this would require in oiu- commissioners a very minute knowledge of our commerce, as it is impossible to foresee every proposition of this kind which luight be brought into discussion and to prepare them for it by information and instruction from hence. Our commerce, too, is as yet rather in a course of experiment, and the channels in which it will ultimately flow are not sufficiently known to enable us to provide for it by special agreement; nor have the exigencies of our new Government as yet so far developed themselves as that we can know to what degree we may or must have recourse to commerce for the purposes of revenue. No common consideration, therefore, ought to induce us as yet to arrangements of this kind. Perhaps nothing should do it with any nation short of the privileges of natives in all their possessions, foreign and domestic. It were to be wished, indeed, that some positively favorable stipulations respecting our grain, flour, and fish could be obtained, even on our giving reciprocal advantages to some of the commodities of Spain, say her wines and brandies ; but, First. If we quit the ground of the most favored nation as to certain articles for our convenience, Spain may insist on doing the same for other articles for her con- venience, and thus our commissioners will get themselves on the ground of a treaty 0/ detail, for which they will not be prepared. Second. If we grant favor to the wines and brandies of Spain, then Portugal and France will demand the same; and in order to create an equivalent Portugal may lay a duty on our fish and grain, and France a prohibition on our whale oils, the removal of which will be proposed as an equivalent. Thus much, however, as to grain and flour may be attempted. There has not long since been a considerable duty laid on them in Spain. This was while a treaty on the subject of commerce was pending between us and Spain, as that Court considers the matter. It is not generally thought right to change the state of things pending a treaty concerning them. On this consideration and on the motive of cultivating our friendship, perhaps the commissioners may induce them to restore this commodity to the footing on which it was on opening the conferences with Mr. Gardoqui, on the 26th day of July, 1785. If Spain says, ' ' Do the same by your tonnage on our ves« Is," the answer may be that "Our foreign tonnage affects Spain very little and other nations very much; whereas the duty on floxir in Spain affects us very much and other nations very little ; consequently there would be no equality in reciprocal relinquishment, as there had been none in the reciprocal innovation; and Spain, by insisting on this, would in fact only be aiding the interests of her rival nations, to ■whom we should be forced to extend the same indulgence. ' ' At the time of opening the conferences, too, we had as yet not erected any system, our Government itself being not yet erected. Innovation then was unavoidable on our part, if it be inno- vation to establish a system. We did it on fair and general ground, on ground favorable to Spain; but they had a system, and therefore innovation was avoidable on their part, TH: JEFFERSON. George Washington 113 ARTICI,KS PROPOSED BY DON DIEGO GARDOQUI TO BE INSERTED IN THE TREATY WITH THE UNITED STATES. First. That all commercial regulations affecting each other shall be founded in perfect reciprocity. Spanish merchants shall enjoy all the commercial privileges of native merchants in tlie United States, and American merchants shall enjoy all the commercial privileges of native merchants in the Kingdom of Spain and in the Canaries and other islands belonging to and adjacent thereto. The same privileges shall extend to their respective vessels and merchandise consisting of the manufac- tures and products of their respective countries. Second. Each party may establish consuls in the countries of the other (excepting such provinces in Spain into which none have heretofore been admitted, viz, Bilboa and Guipusca), with such powers and privileges as shall be ascertained by a par- ticular convention. Third. That the bona fide manufactures and productions of the United States (tobacco only excepted, which shall continue under its present regulation) may be imported in American or Spanish vessels into any parts of His INIajesty's European iominions and islands aforesaid in like manner as if they were the productions of ,^)pain, and, on the other hand, that the bona fide manufactures and productions of His Majesty's dominions may be imported into the United States in Spanish or American vessels in like manner as if they were the manufactures and productions of the said States. And further, that all such duties and imposts as may mutually be thought necessary to lay on them by either party shall be ascertained and regulated on principles of exact reciprocity by a tariff, to be formed by a convention for that purpose, to be negotiated and made within one year after the exchange of the rati- fication of this treaty ; and in the meantime that no other duties or imposts shall be exacted from each other's merchants and ships than such as may be payable by natives in lilce cases. Fourth. That inasmuch as the United States, from not having mines of gold and silver, may often Avant supplies of specie for a circulating medium, His Catholic Majesty, as a proof of his good ■will, agrees to order the masts and timber which may from time to time be wanted for his royal navy to be purchased and paid for in specie in the United States, prox-ided the said masts and timber shall be of equal quality and when brought to Spain shall not cost more than the like may there be had for from other countries. Fifth. It is agreed that the articles commonly inserted in other treaties of com- merce for mutual and reciprocal convenience shall be inserted in this, and that this treaty and every article and stipulation therein shall continue in full force for years, to be computed from the day of the date hereof. United States, March p, iyp2. Gentlanen of the Senate and of the House of Representatives: I now la}' before 3'ou a general account rendered by the bankers of the United States at Amsterdam of the payments they had made between the ist of July, 1790 and 1791, from the fund deposited in their hands for the purposes of the act providing the means of intercourse between the United States and foreign nations, and of the balance remaining in their hands, together with a letter from the Secretary of State on the subject. GO WASHINGTON. HI Messages and Papers of the Presidents United States, March 20, 1792. Genilcmcu of the Sntate ayid of the House of Representatives: The several acts wliioh have Ix^en passed relatively to the military establishment of the United States and the protection of the frontiers do not appear to have made pro\'ision for more than one brigadier-general. It is incumbent upon me to observe that, with a view merely to the organization of the troops designated by those acts, a greater number of ofhcers of that grade would, in my opinion, be conducive to the good of the public service. But an increase of the number becomes still more desirable in reference to a different organization which is contemplated, pursuant to the authority vested in me for that purpose, and which, besides other advantages expected from it, is recommended by considera- tions of economy. I therefore request that you will be pleased to take this subject into your early consideration and to adopt such measures thereon as you shall judge proper. G9 WASHINGTON. United States, March 23, 1792. Gentlemen of the Senate: At the conferences which Colonel Pickering had with the Five Nations at the Painted Post the last year ideas were then held out of introducing among them some of the primar>' principles of civilization, in conse- quence of which, as well as more firmly to attach them to the interests of the United States, they have been invited to the seat of the General Government. As the representation now here is respectable for its character and influence, it is of some importance that the chiefs should be well satisfied of the entire good faith and liberality of the United States. In managing the affairs of the Indian tribes generally it appears proper to teach them to expect annual presents, conditioned on the e\ndence of their attachment to the interests of the United States. The situation of the Five Nations and the present crisis of affairs would seem to render the extension of this measure to them highly judicious. I therefore request the advice of the Senate whether an article shall be stipulated with the Five Nations to the following purport, to wit: The United States, in order to promote the happiness of the Five Nations of Indians, ^^ill cause to be expended annually the amount of $1,500 in purchasing for them clothing, domestic animals, and implements of husbandry', and for encouraging useful artificers to reside in their villages. G9 WASHINGTON. April 13, 1792. Gentlemen of the Senate and of the House of Representatives: I have thought it proper to lay before you a communication of the i ith instant from the minister plenipotentiary of Great Britain to the Secre- George Washington 115 tary of State, relative to the commerce of the two countries, together with their explanator)' correspondence and the Secretary of State's letter to me on the subject, G^ WASHINGTON. United States, April 16, 1792. Gentlemen of the Senate and of the House of Representatives: I lay before you a copy of a letter from the judges of the circuit court of the United States held for the New York district, and of their opinion and agreement respecting the "Act to provide for the settlement of the claims of widows and orphans barred by the limitations heretofore estab- lished, and to regulate the claims to invalid pensions, ' ' G9 WASHINGTON. United StatEv*;, April 21, ijg2. Gentlemen of the Senate and of the House of Representatives: I lay before you the copy of a letter which I have received from the judges of the circuit court of the United States held for the Pennsylvania district relatively to the "Act to provide for the settlement of the claims of widows and orphans barred by the limitations heretofore established, and to regulate the claims to invaUd pensions. ' ' G9 WASHINGTON. United States, May 8, 1792. Gentlemen of the Senate: If the President of the United States should conclude a convention or treaty with the Government of Algiers for the ransom of the thirteen Americans in captivity there for a sum not exceeding $40,000, all expenses included, wall the Senate approve the same? Or is there any, and what, greater or lesser sum which they would fix on as the limit beyond which they would not approve the ransom? If the President of the United States should conclude a treaty with the Government of Algiers for the establishment of peace with them, at an expense not exceeding $25,000, paid at the signature, and a like sum to be paid annually afterwards during the continuance of the treaty, would the Senate approve the same ? Or are there any greater or lesser sums which they would fix on as the limits beyond which they would not approve of such treaty? G9 WASHINGTON. 1 16 Mesia^is iin^ per cent, with an allowance of 4 per cent in lieu of all charges, and the other two at Amsterdam, at the annual interest of 4 per cent, with an allowance of 5^ per cent in one case and of 5 per cent in the other in lieu of all charges. The rates of these loans and the circumstances under which they have been made are confirmations of the high state of our credit abroad. Among the objects to which these funds have been directed to be applied, the payment of the debts due to certain foreign officers, accord- ing to the provision made during the last session, has been embraced. Geyttlcmen of the House of Representatives: I entertain a strong hope that the state of the national finances is now sufficiently matured to enable you to enter upon a systematic and effectual arrangement for the regular redemption and discharge of the public debt, according to the right which has been reserved to the Government. No measure can be more desirable, whether viewed with an eye to its intrinsic importance or to the general sentiment and wish of the nation. Provision is likewise requisite for the reimbursement of the loan which has been made of the Bank of the United States, pursuant to the eleventh section of the act by which it is incorporated. In fulfilling the public stipulations in this particular it is expected a valuable saving will be made. Appropriations for the current service of the ensuing year and for such extraordinaries as may require provision will demand, and I doubt not will engage, your early attention. Gentlemen of the Senate and of the House of Representatives: I content myself with recalling your attention generally to such objects, not particularized in my present, as have been suggested in my former communications to j-ou. Various temporary laws will expire during the present session. Among these, that which regulates trade and intercourse with the Indian tribes will merit particular notice. The results of your common deliberations hitherto will, I trust; be productive of sohd and durable advantages to our constituents, such as, by conciliating more and more their ultimate suffrage, will tend to strengthen and confirm their attachment to that Constitution of Govern- ment upon which, under Divine Providence, materially depend their union, their safety, and their happiness. Still further to promote and secure these inestimable ends there is nothing which can have a more powerful tendency than the careful culti- vation of harmony, combined with a due regard to stability, in the pubUc councils. G9 WASHINGTON. I ^2 Messagi\^ aud Papers of the Presidents ADDRESS OF Till- SKNATE TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. The Pkesidknt ok tiik Unitkd States : Accept, sir, our grateful acknowledgments for your address at the opening of the present session. We participate with you in the satisfac- tion arising from the continuance of the general prosperity of the nation, but it is not without the most sincere concern that we are informed that the reiterated efforts which have been made to establish peace with the hostile Indians have hitherto failed to accomplish that desired object. Hoping that the measures still depending may prove more successful than those which have preceded them, we shall nevertheless concur in every necessary preparation for the alternative, and should the Indians on either side of the Ohio persist in their hostilities, fidelity to the Union, as well as affection for our fellow-citizens on the frontiers, will insure our decided cooperation in every measure which shall be deemed requisite for their protection and safety. At the same time that we avow the obligation of the Government to afford its protection to every part of the Union, we can not refrain from expressing our regret that even a small portion of our fellow-citizens in any quarter of it should have combined to oppose the operation of the law for the collection of duties on spirits distilled within the United States, a law repeatedly sanctioned by the authority of the nation, and at this juncture materially connected with the safety and protection of those who oppose it. Should the means already adopted fail in securing obedience to this law, such further measures as may be thought necessary to carry the same into complete operation can not fail to receive the approbation of the Legislature and the support of every patriotic citizen. It yields us particular pleasure to learn that the productiveness of the revenue of the present year will probably supersede the necessity of any additional tax for the service of the next. The organization of the government of the State of Kentucky being an event peculiarly interesting to a part of our fellow-citizens and con- ducive to the general order, affords us particular satisfaction. We are happy to learn that the high state of our credit abroad has been evinced by the terms on which the new loans have been negotiated. In the course of the session we shall proceed to take into consideration the several objects which you have been pleased to recommend to our attention, and keeping in view the importance of union and stability in the public councils, we shall labor to render our decisions conducive to the safety and happiness of our country. We repeat with pleasure our assurances of confidence in your Admin- istration and our ardent wish that your unabated zeal for the public good may be rewarded by the durable prosperity of the nation, and every ingredient of personal happiness. JOHN LANGDON, November 9, 1792. Presideyit pro tetnpore. George Washington 123 REPLY OF THE PRESIDENT. I derive much pleasure, gentlemen, from your very satisfactory address. The renewed assurances of your confidence in my Administration and the expression of your wish for my personal happiness claim and receive my particular acknowledgments. In my future endeavor for the public welfare, to which my duty may call me, I shall not cease to count upon the firm, enlightened, and patriotic support of the Senate. GO WASHINGTON. November 9, 1792. ADDRESS OF THE HOUSE OF REPRESENTATIVES TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. Sir: The House of Representatives, who always feel a satisfaction in meeting you, are much concerned that the occasion for mutual felicita- tion afforded by the circumstances favorable to the national prosperity should be abated by a continuance of the hostile spirit of many of the Indian tribes, and particularly that the reiterated efforts for effecting a general pacification with them should have issued in new^ proofs of their persevering enmitj' and the barbarous sacrifice of citizens who, as the messengers of peace, were distinguishing themselves by their zeal for the public service. In our deliberations on this important department of our affairs we shall be disposed to pursue every measure that may be dictated by the sincerest desire, on one hand, of cultivating peace and manifest- ing by everj^ practicable regulation our benevolent regard for the welfare of those misguided people, and b}- the duty we feel, on the other, to pro- vide effectually for the safety and protection of our fellow-citizens. While with regret we learn that symptoms of opposition to the law imposing duties on spirits distilled within the United States have mani- fested themselves, w^e reflect wdth consolation that they are confined to a small portion of our fellow-citizens. It is not more essential to the preservation of true liberty that a government should be alwa3^s ready to listen to the representations of its constituents and to accommodate its measures to the sentiments and wishes of everj^ part of them, as far as will consist with the good of the whole, than it is that the just authority of the laws should be steadfastly maintained. Under this impression everj^ department of the Government and all good citizens must approve the measures 5'ou have taken and the purpose you have formed to exe- cute this part of 3'our trust with firmness and energy; and be assured, sir, of everj^ constitutional aid and cooperation which may become requisite on our part. And we hope that, while the progress of con- tentment under the law in question is as obvious as it is rational, no particular part of the community may be permitted to withdraw from the general burthens of the country by a conduct as irreconcilable to national justice as it is inconsistent with public decency. I -'4 Mfssai^fs and Papers of the Presidents The productive state of the pnbHc revenue and the confirmation of the credit of tlie Ignited States abroad, evinced by the loans at Antwerp and Amsterdam, are communications the more gratifying as they enforce the obhgation to enter on systematic and effectual arrangements for dis- charging the public debt as fast as the conditions of it will permit, and we take pleasure in the opportunity to assure you of our entire concur- rence in the opinion that no measure can be more desirable, whether \'iewed with an eye to the urgent wish of the community or the intrinsic imjxjrtance of promoting so happy a change in our situation. The adoption of a constitution for the State of Kentucky is an event on which we join in all the satisfaction you have expressed. It may be considered as particularly interesting since, besides the immediate bene- fits resulting from it, it is another auspicious demonstration of the facility and success with which an enlightened people is capable of providing, by free and deliberate plans of government, for their own safety and happiness. The operation of the law establishing the post-office, as it relates to the transmission of newspapers, will merit our particular inquiry and attention, the circulation of political intelligence through these vehicles being justly reckoned among the surest means of preventing the degen- eracj' of a free government, as w^ell as of recommending every salutary public measure to the confidence and cooperation of all virtuous citizens. The several other matters w^hich 3'ou have communicated and recom- mended wall in their order receive the attention due to them, and our discussions will in all cases, we trust, be guided by a proper respect for harmony and stability in the public councils and a desire to conciliate more and more the attachment of our constituents to the Constitution, by measures accommodated to the true ends for which it was established. November 10, 1792. REPLY OF THE PRESIDENT. Gentlemen: It gives me pleasure to express to you the satisfaction which your address affords me. I feel, as I ought, the approbation you manifest of the measures I have taken and the purpose I have formed to maintain, pursuant to the trust reposed in me by the Constitution, the respect which is due to the laws, and the assurance which you at the same time give me of every constitutional aid and cooperation that may become requisite on your part. This is a new proof of that enlightened solicitude for the establishment and confirmation of public order which, embracing a zealous regard for the principles of true liberty, has guided the deliberations of the House of Representatives, a perseverance in which can alone secure, under the liviue blessing, the real and permanent felicity of our common country. G9 WASHINGTON. November 12, 1792, George Washington 125 SPECIAL MESSAGES. United States, November 7, 1^92. Gentlemen of the Senate and of the Iloiise of Representatives: In pursuance of the law, I now lay before you a statement of the admin- istration of the funds appropriated to certain foreign purposes, together with a letter from the Secretary of State explaining the same. I also lay before you a copy of a letter and representation from the Chief Justice and associate judges of the Supreme Court of the United States, stating the difficulties and inconveniences which attend the dis- charge of their duties according to the present judiciary system. A copy of a letter from the judges attending the circuit court of the United States for the North Carolina district in June last, containing their observations on an act, passed during the last session of Congress, entitled "An act to provide for the settlement of the claims of widows and orphans barred by the limitations heretofore established, and to regulate the claims to invalid pensions; " and A copy of the constitution formed for the State of Kentucky. GO WASHINGTON. United States, November p, iyp2. Gentlemen of the Senate and of the House of Representatives: I now lay before you a letter from the Secretary of State, covering the copy of one from the governor of Virginia, with the several papers therein referred to, on the subject of the boundary between that State and the territory of the United States south of the Ohio. It will remain wntli the Legislature to take such measures as it shall think best for settling the said boundary with that State, and at the same time, if it thinks proper, for extending the settlement to the State of Kentucky, between which and the same territory the boundary is as yet unde- termined. GO WASHINGTON. United States, November 22, 1792. Gentlemen of the Senate and of the Honse of Representatives: I send you herewith the abstract of a supplementary arrangement which has been made by me, pursuant to the acts of the 3d day of March, 1 79 1, and the 8th day of May, 1792, for raising a revenue upon foreign and domestic distilled spirits, in respect to the subdi\nsions and officers which have appeared to me necessary and to the allowances for their respective services to the supervisors, inspectors, and other officers of inspection, together with the estimates of the amount of compensations and charges. G9 WASHINGTON. 1^6 Aft'sstij^us anii Papo s of the Presidents U.NiTi';i) Statics, l^camber 6, 1792. Getitlevu-ti of the Scuatc and of Ihc House of Representatives: The several measures which have been pursued to induce the hostile Indian tribes north of the Ohio to enter into a conference or treaty with the United v^tates at which all causes of dilTerence might be fully under- stiHul and justly aiul amicably arranged have already been submitted to Ix'th Houses of Congress. The papers herewith sent will inform you of the result. GO WASHINGTON. United States, December 7, lygz. Gentlemen of tlie Senate and of tJie House of Representatives: I lay before you two letters, with their iuclosures, from the governor of the Southwestern territory, and au extract of a letter to him from the Department of War. These and a letter of the 9th of October last, which has been already communicated to j'ou, from the same Department to the governor, will shew in what manner the first section of the act of the last session which provides for calling out the militia for the repelling of Indian invasions has been executed. It remains to be considered by Congress whether in the present situation of the United States it be advisable or not to pursue any further or other measures than those which have been already adopted. The nature of the subject does of itself call for 3^our immediate attention to it, and I must add that upon the result of your delibera- tions the future conduct of the Executive will on this occasion materially depend. GQ WASHINGTON. United States, Jamiary 23, 1793. Gentlemen of the Senate and of the House of Representatives: Since my last communication to you on the subject of the revenue on distilled spirits it has been found necessary, on experience, to revise and amend the arrangements relative thereto in regard to certain surveys and the officers thereof in the district of North Carolina, which I have done accordingly in the manner following: First. The several counties of the said district originally and hereto- fore contained within the first, second, and third surveys have been allotted into and are now^ contained in two surveys, one of which (to be hereafter denominated the first) comprehends the town of Wilming- ton and the counties of Onslow, New Hanover, Brunswick, Robertson, Sampson, Craven, Jones, Lenox, Glascow, Johnston, and Wajme, and the other of which (to be hereafter denominated the Second) comprehends the counties of Kurrituck, Camden, Pasquotank, Perquimans, Chowan, Gates, Hartford, Tyrrel, Bertie, Carteret, Hyde, Beaufort, and Pitt. George Washington 127 Secondly. The several counties of the said district originally and here- tofore contained within the fifth survey of the district aforesaid has been allotted into and is contained in two surveys, one of which (to be here- after denominated the third) comprehends the counties of Mecklenburg, Rowan, Iredell, Montgomery, Guilford, Rockingham, Stokes, and vSurrey, and the other of which (to be hereafter denominated the fifth) compre- hends the counties of Lincoln, Rutherford, Burke, Buncombe, and Wilkes. Thirdly. The duties of the inspector of the revenue in and for the third survey as constituted above is to be performed for the present by the supervisor. Fourthly. The compensations of the inspector of the revenue for the first survey as above constituted are to be a salary of $250 per annum and commissions and other emoluments similar to those heretofore allowed to the inspector of the late first survey as it was originally constituted. Fifthly. The compensations of the inspector of the revenue for the second survey as above constituted are to be a salary of $100 per annum and the commissions and other emoluments heretofore allowed to the inspector of the late third survey as it was originally constituted. Sixthly. The compensations of the inspector of the revenue for the fifth survey as above constituted are to be a salary of $120 per annum and the commissions and other emoluments similar to those heretofore allowed to the inspector of the late fifth survey as it was originally constituted. G9 WASHINGTON. United States, Jamiary 25, 1793. Ge7itlcmen of the Senate and of the House of Represe^itatives: I lay before you an official statement of the expenditure to the year 1792 from the sum of $10,000, granted to defray the contingent expenses of Government by an act passed on the 26th of March, 1790. Also an abstract of a supplementary arrangement made in the district of North Carolina in regard to certain surv^eys to facilitate the execu- tion of the law laying a duty on distilled spirits. GO WASHINGTON. United States, February ij, 1793. Gentlemen of the Sejiate: I lay before 3'ou for your consideration and advice a treaty of peace and friendship made and concluded on the 27th day of September, 1792, by Brigadier- General Rufus Putnam, in behalf of the United States, with the Wabash and Illinois tribes of Indians, and also the proceedings attending the said treaty, the explanation of the fourth article thereof, and a map explanatory of the reservation to the French inhabitants and the general claim of the said Indians. I .'S Afrssni^'^t's atid Papers of the Presidents III connection Ailli this sul)JLCt I also lay before the Senate the copy of a paper which has been delivered by a man by the name of John Bap- tiste Mayee, \\\\o has accompanied the Wabash Indians at present in this city. It will appear by the certificate of Brigadier-General Putnam that the Wabash Indians disclaimed the validity of the said paper, excepting a certain tract upon the Wabash, as mentioned in the proceedings. The instructions to Brigcdier-General Putnam of the 2 2d of May, together with a letter to him of the 7th of August, 1792, were laid before the Senate on the 7th of November, 1792. After the Senate shall have considered this treaty, I request that they would give me their advice whether the same shall be ratified and con- firmed ; and if to be ratified and confirmed, whether it would not be proper, in order to prevent any misconception hereafter of the fourth article, to guard in the ratification the exclusive preemption of the United States to the lands of the said Indians. GO WASHINGTON. United States, February 18, 1793. Gentlemen of the Senate and of the House of Representatives: I now la}- before you a report and plat of the territory' of the United States on the Potomac as given in by the commissioners of that territory, together with a letter from the Secretary of State which accompanied them. These papers, being original, are to be again deposited with the records of the Department of State after having answered the purpose of your information. G9 WASHINGTON. United States, February ip, 1793. Gentlemen of the House of Represejitatives : It has been agreed on the part of the United States that a treaty or conference shall be held at the ensuing season with the hostile Indians northwest of the Ohio, in order to remove, if possible, all causes of differ- ence and to establish a solid peace with them. As the estimates heretofore presented to the House for the current year did not contemplate this object, it will be proper that an express provision be made by law as well for the general expenses of the treaty as to establish the compensation to be allowed the commissioners who shall be appointed for the purpose. I shall therefore direct the Secretary of War to lay before you an estimate of the expenses which may probably attend this measure. G9 WASHINGTON. George Washington 129 United States, February 2y, 1793. Gentlemen of the Senate and of the House of Representatives: I lay before you a copy of an exemplification of an act of the legislature of New York ceding to the United States the jurisdiction of certain lands on Montauk Point for the purpose mentioned in said act, and the copy of a letter from the governor of New York to the Secretary of State, which accompauied said exemplification. . G9 WASHINGTON. United States, February 28, 1793. Gmtlemen of the Senate: I was led by a consideration of the qualifications of William Patterson, of New Jersey, to nominate him an associate justice of the Supreme Court of the United States. It has since occurred that he was a member of the Senate when the law creating that office was passed, and that the time for which he was elected is not yet expired. I think it my duty, therefore, to declare that I deem the uomjination to have been null by the Coubtitutiou. G9 WASHINGTON. PROCLAMATIONS. [From Freneau's National Gazette of December 15, 1792.] By the President of the United States. Whereas I have received authentic information that certain lawless and wicked persons of the western frontier in the State of Georgia did lately invade, burn, and destroy a town belonging to the Cherokee Nation, although in amity with the United States, and put to death several Indians of that nation; and Whereas such outrageous conduct not only violates the rights of humanity, but also endangers the public peace, and it highly becomes the honor and good faith of the United States to pursue all legal means for the punishment of those atrocious offenders: I have therefore thought fit to issue this my proclamation, hereby exhorting all the citizens of the United States and requiring all the officers thereof, according to their respective stations, to use their utmost endeavors to apprehend and bring those offenders to justice. And I do moreover offer a reward of $500 for each and every cf the above-named persons who shall be so apprehended and brought to justice and shall be proved to have assumed or exercised any command or authority among the perpetrators of the crimes aforesaid at the time of committing the same. iJ^o Afessages and Papers of the Presidents 111 ksiiiuoiiy \vheiXH»t" 1 have causrd llio seal of the United States to be atlixctl to these j^reseiits, aiul si.mied the same with my haud. r n Done at the eitv of Philadelphia, the 12th day of December, [SKAI..J • A. 1). 1792, and of the ludepeudeuce of the United States the seventeenth. G9 WASHINGTON. By the President: Th: Jeffhrson. [From Annals of Conjjress, Second Congress, 666.] March i, 1793. The President of the United States to the President of the Senate: Certain matters touching the pubHc good requiring that the Senate shall be convened on Monday, the 4th instant, I have desired their attendance, as I do yours, by these presents, at the Senate Chamber, in Philadelphia, on that day, then and there to receive and deliberate on such communications as shall be made to you on my part. G9 WASHINGTON. SECOND INAUGURAL ADDRESS. IN THE CITY OF PHIIvADEI^PHIA, PA. Fellow-Citizens: I am again called upon by the voice of my country to execute the functions of its Chief Magistrate. When the occasion proper for it shall arrive, I shall endeavor to express the high sense I entertain of this distinguished honor, and of the confidence which has been reposed in me by the people of united America. Pre\-ious to the execution of any official act of the President the Con- stitution requires an oath of office. This oath I am now about to take, and in your presence : That if it shall be found during my administration of the Government I have in any instance violated willingly or knowingly the injunctions thereof, I may (besides incurring constitutional punish- ment) be subject to the upbraidings of all who are now witnesses of the present solemn ceremony. March 4, 1793. FIFTH ANNUAL ADDRESS. Philadelphia, December j, 1793. Fellow-Citizens of the Senate ayid of the House of Representatives: Since the commencement of the term for which I have been again called into office no fit occasion has arisen for expressing to ray fellow- citizens at large the deep and respectful sense which I feel of the renewed Geurgc Washington i,i testimony of public approbation. While on tlie one hand it awakened uiy gratitude for all those instances of afTectionate partiality with which I have l)cen honored by my country, on the other it could not prevent an earnest wish for that retirement from which no private consideration should ever have torn me. But influenced by the belief that my conduct would be estimated according to its real motives, and that the people, and the authorities derived from them, would support exertions having nothing personal for their object, I have obeyed the suffrage which com- mjtnded me to resume the Executive power; and I humbly implore that Beaig on whose will the fate of nations depends to crown with success oui' mutual endeavors for the general happiness. As soon as the war in Europe had embraced those powers with whom tlve United States have the most extensive relations there was reason to apprehend that our intercourse with them might be interrupted and our disposition for peace drawn into question by the suspicions too often entertained by belligerent nations. It seemed, therefore, to be my duty to admonish our citizens of the consequences of a contraband trade and of hostile acts to any of the parties, and to obtain by a declaration of the existing legal state of things an easier admission of our right to the immunities belonging to our situation. Under these impressions the proclamation which will be laid before you was issued. In this posture of affairs, both new and delicate, I resolved to adopt general rules \vhich should conform to the treaties and assert the privi- leges of the United States. These were reduced into a system, which will be conmiunicated to you. Although I have not thought myself at liberty to forbid the sale of the prizes permitted by our treaty of com- merce with France to be brought into our ports, I have not refused to cause them to be restored when they were taken within the protection of our territory, or by vessels commissioned or equipped in a warlike form within the limits of the United States. It rests with the wisdom of Congress to correct, improve, or enforce this plan of procedure; and it will probably be found expedient to extend the legal code and the jurisdiction of the courts of the United States to many cases which, though dependent on principles already recognized, demand some further provisions. Where individuals shall, within the United States, array themselves in hostility against an}^ of the powers at war, or enter upon military expedi- tions or enterprises within the jurisdiction of the United States, or usurp and exercise judicial authority within the United States, or where the penalties on \'iolations of the law of nations may have been indistinctly marked, or are inadequate — these offenses can not receive too early and close an attention, and require prompt and decisive remedies. Whatsoever those remedies may be, they will be well administered by the judiciar>% who possess a long-established course of investigation, effectual process, and officers in the habit of executing it. M P — vol. I — 6 1 3 J Messages and Papers of the Presidents In like iiifinncr, as several of the courts have doubted, under particular circumstances, their power to lilierate the vessels of a nation at peace, and even of a citizen of the United States, although seized under a false color of l)eing hostile property, and have denied their power to liberate certain captures within the protection of our territory, it would seem proper to regulate their jurisdiction in these points. But if the Executive is to be the resort in either of the two last-mentioned cases, it is hoped that he will be authorized by law to have facts ascertained by the courts when for his own information he shall request it. I can not recommend to your notice measures for the fulfillment of our duties to the rest of the world without again pressing upon you the necessity of placing ourselves in a condition of complete defense and of exacting from them the fulfillment of their duties toward us. 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 histor>^ 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. The documents which will be presented to you will shew the amount and kinds of arms and military stores now in our magazines and arsenals ; and yet an addition even to these supplies can not with prudence be neglected, as it would leave nothing to the uncertainty of procuring of warlike apparatus in the moment of public danger. Nor can such arrangements, with such objects, be exposed to the cen- sure or jealousy of the warmest friends of republican government. They are incapable of abuse in the hands of the militia, who ought to possess a pride in being the depositor}^ of the force of the Republic, and may be trained to a degree of energy equal to every militar>' exigency of the United States. But it is an inquir>' which can not be too solemnly pursued, whether the act "more effectually to provide for the national defense by establishing an uniform militia throughout the United States ' ' has organized them so as to produce their full effect ; whether your own experience in the several States has not detected some imperfections in the scheme, and whether a material feature in an improvement of it ought not to be to afford an opportunity for the study of those branches of the military art which can scarcely ever be attained by prac- tice alone. The connection of the United States with Europe has become extremely interesting. The occurrences which relate to it and have passed under the knowledge of the Executive will be exhibited to Congress in a sub- sequent communication. When we contemplate the war ou our frontiers, it may be truly afl&rmed George Washington 133 that every reasonable effort has been made to adjust the causes of dissen- sion witli the Inchans north of the Ohio. The instructions given to the commissioners evince a moderation and equity proceeding from a sincere love of peace, and a liberality having no restriction but the essential inter- ests and dignity of the United States. The attempt, however, of an ami- cable negotiation having been frustrated, the troops have marched to act offensively. Although the proposed treaty did not arrest the progress of military preparation, it is doubtful how far the advance of the season, before good faith justified active movements, may retard them during the remainder of the year. From the papers and intelligence which relate to this important subject you will determine whether the deficiency in the number of troops granted by law shall be compensated by succors of militia, or additional encouragements shall be proposed to recruits. An anxiety has been also demonstrated by the Executive for peace with the Creeks and the Cherokees. The former have been relieved with corn and with clothing, and offensive measures against them prohibited during the recess of Congress. To satisfy the complaints of the latter, prosecutions have been instituted for the violences committed upon them. But the papers which will be delivered to you disclose the critical footing on which we stand in regard to both those tribes, and it is with Congress to pronounce what shall be done. After they shall have provided for the present emergency, it will merit their most serious labors to render tranquillity with the savages permanent by creating ties of interest. Next to a rigorous execution of justice on the violators of peace, the establishment of commerce with the Indian nations in behalf of the United States is most likely to conciliate their attachment. But it ought to be conducted without fraud, without extor- tion, with constant and plentiful supplies, with a ready market for the commodities of the Indians and a stated price for what they give in payment and receive in exchange. Individuals will not pursue such a traffic unless they be allured by the hope of profit; but it will be enough for the United States to be reimbursed only. Should this rec- ommendation accord with the opinion of Congress, they will recollect that it can not be accomplished by any means yet in the hands of the Executive. Gentlemen of the House of Representatives: The commissioners charged with the settlement of accounts between the United States and individual States concluded their important func- tions within the time limited by law, and the balances struck in their report, which will be laid before Congress, have been placed on the books of the Treasury. On the I St day of June last an installment of 1,000,000 florins became payable on the loans of the United States in Holland. This was adjusted by a prolongation of the period of reimbursement in nature of a new 1 VI Afessn^rs and Papers of the Presidents Uiati at an interest of 5 per cent for the tenn of ten years, and the exj>enses of this operation were a commission of 3 per cent. The first instalhnent of the loan of $2,000,000 from the Bank of the United Stales has l)ccn paid, as was directed by law. F'or the second it is necessary that provision should be made. No jK-ouniary considcratit)n is more urgent than the regular redemption and discharge of the public debt. On none can delay be more injurious or an economy of time more valuable. The proiluctiveness of the public revenues hitherto has continued to equal the anticipations which were formed of it, but it is not expected to prove commensurate with all the objects which have been suggested. Some auxiliary provisions will therefore, it is presumed, be requisite, and it is hoped that these may be made consistently with a due regard to the convenience of our citizens, who can not but be sensible of the true wnsdom of encountering a small present addition to their contributions to ob\'iate a future accumulation of burthens. But here I can not forbear to recommend a repeal of the tax on the transportation of public prints. There is no resource so firm for the Government of the United States as the affections of the people, guided by an enlightened policy ; and to this primary good nothing can conduce more than a faithful representation of public proceedings, diffused without restraint throughout the United States. An estimate of the appropriations necessary for the current service of the ensuing year and a statement of a purchase of arms and military stores made during the recess will be presented to Congress. Gentlemen of the Senate and of the House of Representatives: The several subjects to which I have now referred open a wide range to your deUberations and involve some of the choicest interests of our common country. Permit me to bring to your remembrance the magni- tude of your task. Without an unprejudiced coolness the welfare of the Government may be hazarded ; without harmony as far as consists with freedom of sentiment its dignity may be lost. But as the legislative proceedings of the United States will never, I trust, be reproached for the want of temper or of candor, so shall not the public happiness languish from the want of my strenuous and warmest cooperation. GQ WASHINGTON. ADDRESS OF THE SENATE TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. The PrEvSidrnt of the United States: Accept, sir, the thanks of the Senate for yoMx speech delivered to both Houses of Congress at the opening of the session. Your reelection to the Chief Magistracy of the United States gives us sincere pleasure. We ( George Washington 135 consider it as an event every way propitious to the happiness of our country, and your compliance with the call as a fresh instance of the patriotism which has so repeatedly led you to sacrifice private inchnation to the public good. In the unanimity which a second time marks this important national act we trace with particular satisfaction, besides the distinguished tribute paid to the virtues and abilities which it recog- nizes, another proof of that just discernment and constancy of sentiments and views which have hitherto characterized the citizens of the United States. As the European powers with whom the United States have the most extensive relations were involved in war, in which we had taken no part, it seemed necessary that the disposition of the nation for peace should be promulgated to the world, as well for the purpose of admon- ishing our citizens of the consequences of a contraband trade and of acts hostile to any of the belligerent parties as to obtain by a declaration of the existing legal state of things an easier admission of our right to the immunities of our situation. We therefore contemplate with pleasure the proclamation by you issued, and give it our hearty approbation. We deem it a measure well timed and wise, manifesting a watchful solicitude for the welfare of the nation and calculated to promote it. The several important matters presented to our consideration will, in the course of the session, engage all the attention to which they are respectively entitled, and as the public happiness will be the sole guide of our deliberations, we are perfectly assured of receiving your strenuous and most zealous cooperation. JOHN ADAMS, Vice-President of the United States and President of the Senate. Decembbk 9, 1793. REPLY OF THE PRESIDENT. Genti^emkn: The pleasure expressed by the Senate on my reelection to the station which I fill commands my sincere and warmest acknowl- edgments. If this be an event \vhich promises the smallest addition to the happiness of our country, as it is my duty so shall it be my study to realize the expectation. The decided approbation which the proclamation now receives from your House, by completing the proofs that this measure is considered as manifesting a vigilant attention to the welfare of the United States, brings with it a peculiar gratification to my mind. The other important subjects which have been communicated to you will, I am confident, receive a due discussion, and the result will, I trust, prove fortunate to the United States. G9 WASHINGTON. December 10, 1793. 136 Messages and Papers of the Presidents ADDRESS OF THE HOUSE OF REPRESENTATIVES TO GEORGE WASlIlMVrON. PRESIDENT OF THE UNITED STATES. Sir: The Rcprcseiilalives of the ]>eople of the United States, in meet- ing you for the first time since you have been again called by an unani- mous suffrage to your present station, find an occasion which they embrace with no less sincerity than promptitude for expressing to you their con- gratulations on so distinguished a testimony of public approbation, and their entire confidence in the pvuity and patriotism of the motives which ha\'e produced this obedience to the voice of yoiur country. It is to \-irtues which have commanded long and universal reverence and serv- ices from which have flowed great and lasting benefits that the tribute of praise may be paid without the reproach of flatterj^ and it is from the same sources that the fairest anticipations may be derived in favor of the public happiness. The United States having taken no part in the war which had em- braced in Europe the powers with whom they have the most extensive relations, the maintenance of peace was justly to be regarded as one of the most important duties of the Magistrate charged with the faithful execu- tion of the laws. We accordingly witness with approbation and pleasure the vigilance with which you have guarded against an interruption of that blessing by your proclamation admonishing our citizens of the conse- quences of illicit or hostile acts toward the belligerent parties, and pro- moting by a declaration of the existing legal state of things an easier admission of our right to the immunities belonging to our situation. The connection of the United States with Europe has evidently become extremely interesting. The communications which remain to be exhib- ited to us will no doubt assist in giving us a fuller view of the subject and in guiding our deliberations to such results as may comport with the rights and true interests of our country. We learn with deep regret that the measures, dictated by love of peace, for obtaining an amicable termination of the afflicting war on our frontiers have been frustrated, and that a resort to offensive measures should have again become necessar>^ As the latter, however, must be rendered more satisfactor}' in proportion to the soUcitude for peace manifested by the former, it is to be hoped they will be pursued under the better auspices on that account, and be finally crowned with more happy success. In relation to the particular tribes of Indians against whom offensive measures have been prohibited, as well as on all the other important subjects which you have presented to our view, we shall bestow the attention which they claim. We can not, however, refrain at this time from particularly expressing our concurrence in your anxiety for the regular discharge of the public debts as fast as circumstances and events will permit and in the polic}^ of removing any impediments that may be fotmd in the way of a faithful representation of public proceedings George Washington 137 throughout the United States, being persuaded with you that on no sub- ject more than the former can delay be more injurious or an economy of time more valuable, and that with respect to the latter no resource is so firm for the Government of the United States as the affections of the people, guided by an enlightened policy. Throughout our deliberations we shall endeavor to cherish every senti- ment which may contribute to render them conducive to the dignity as well as to the welfare of the United States ; and we join with you in imploring that Being on whose will the fate of nations depends to crown with success our mutual endeavors. DKCfiMBER 6, 1793. REPLY OF THE PRESIDENT. Gentlemen: I shall not affect to conceal the cordial satisfaction which I derive from the address of the House of Representatives. Whatsoever those services may be which you have sanctioned by your favor, it is a sufficient reward that they have been accepted as they were meant. For the fulfillment of your anticipations of the future I can give no other assurance than that the motives which you approve shall continue unchanged. It is truly gratifying to me to learn that the proclamation has been considered as a seasonable guard against the interruption of the public peace. Nor can I doubt that the subjects which I have recommended to your attention as depending on legislative provisions will receive a discussion suited to their importance. With every reason, then, it may be expected that your deliberations, under the divine blessing, will be matured to the honor and happiness of the United States. G9 WASHINGTON. December 7, 1793. SPECIAL MESSAGES. United States, December 5, 17^3, Gentlemen of the Senate and of the House of Represefitatives: As the present situation of the several nations of Europe, and espe- cially of those with which the United States have important relations, can not but render the state of things between them and us matter of interesting inquiry to the Legislature, and may indeed give rise to deHb- erations to which they alone are competent, I have thought it my duty to communicate to them certain correspondences which have taken place. The representative and exectrtive bodies of France have manifested generally a friendly attachment to this country; have given advantages to i.;"^ Afrssai^es and Papers of the Presidents our commerce and iiavi,u:atiou, and have made overtures for placinj^ these advantages on permanent ground. A decree, however, of the National Assembly subjecting vessels laden with i^ovisions to be carried into their ports and making enemy goods lawful prize in the vessel of a friend, contrary to our treaty, though revoked at one time as to the United States, has been since extended to their vessels also, as has been recently stated to us. Representations on this subject will be immediately given in charge to our minister there, and the result shall be communicated to the Legislature. It is with extreme concern I have to inform you that the proceedings of the person whom they have unfortunately appointed their minister plenipotentiary here have breathed nothing of the friendly spirit of the nation which sent him. Their tendenc}^ on the contrary, has been to involve us in war abroad and discord and anarchy at home. So far as his acts or those of his agents have threatened our immediate commit- ment in the war, or flagrant insult to the authority of the laws, their effect has been counteracted b)^ the ordinary' cognizance of the laws and by an exertion of the powers confided to me. Where their danger was not imminent they have been borne with from sentiments of regard to his nation, from a sense of their friendship toward us, from a conviction that they would not suffer us to remain long exposed to the action of a person who has so little respected our mutual dispositions, and, I will add, from a reliance on the firmness of my fellow-citizens in their prin- ciples of peace and order. In the meantime I have respected and pursued the stipulations of our treaties according to what I judged their true sense, and have withheld no act of friendship which their affairs have called for from us, and which justice to others left us free to perform. I have gone farther. Rather than employ force for the restitution of certain vessels which I deemed the United States bound to restore, I thought it more advisable to satisfy the parties by avowing it to be my opinion that if restitution were not made it would be incumbent on the United States to make compensation. The papers now communicated will more particularly^ apprise you of these transactions. The vexations and spoliation understood to have been committed on our vessels and commerce b}' the cruisers and officers of some of the bellig- erent powers appear to require attention. The proofs of these, however, not having been brought forward, the descriptions of citizens supposed to have suffered were notified that, on furnishing them to the Executive, due measures would be taken to obtain redress of the past and more effec- tual provisions against the future. Should such documents be furnished, proper representations will be made thereon, with a just reliance on a redress proportioned to the exigency of the case. The British Government having undertaken, by orders to the com- manders of their armed vessels, to restrain generally our commerce in com and other provisions to their own ports and those of their friends, George Washington ^39 the instructions now communicated were immediately forwarded to our minister at that Court. In the meantime some discussions on the vSub- ject took place l)etween him and them. These are also laid Ijefore you, and I may expect to learn the result of his special instructions in time to make it known to the Legislature during their present session. Very early after the arrival of a British minister here mutual explana tions on the inexecution of the treaty of peace were entered into with that minister. These are now laid before you for your information. On the subjects of mutual interest between this country and Spain negotiations and conferences are now depending. The public good requirhig that the present state of these should be made known to the Legislature in confidence only, they shall be the subject of a separate and subsequeut commuuicatiou. GO WASHINGTON. United States, December i6, lygs. Gentlemen of the Senate and of the Hoiise of Representatives: The situation of affairs in Europe in the course of the year 1790 hav- ing rendered it possible that a moment might arrive favorable for the arrangement of our unsettled matters with Spain, it was thought proper to prepare our representative at that Court to avail us of it. A confiden- tial person was therefore dispatched to be the bearer of instructions to him, and to supply, by verbal communications, any additional information of which he might find himself in need. The Government of France was at the same time applied to for its aid and influence in this nego- tiation. Events, however, took a turn which did not present the occasion hoped for. About the close of the ensuing year I was informed through the rep- resentatives of Spain here that their Government would be willing to renew at Madrid the former conferences on these subjects. Though the transfer of scene was not what w^ould have been desired, 3'et I did not think it important enough to reject the proposition, and therefore, with the advice and consent of the Senate, I appointed commissioners pleni- potentiary for negotiating and concluding a treaty with that country on the several subjects of boundar}^ navigation, and commerce, and gave them the instructions now communicated. Before these negotiations, however, could be got into train the new troubles which had arisen in Europe had produced new combinations among the powers there, the effects of which are but too \'isible in the proceedings now laid before you. In the meantime some other points of discussion had arisen with that country, to wit, the restitution of property escaping into the territories of each other, the mutual exchange of fugitives from justice, and, above all. the mutual interferences with the Indians lying between us. I had 1 •] o Aft ssa^^fs and Papers of the Pre si den ts the best reason to believe that the hostihties threatened and exercised by the Soutlierii Indians on onr lH)rder were excited by the agents of that Govennncnt. Representations were thereon directed to be made by onr connnissioners Xo the Spanish Government, and a proposal to culti- vate with i::(.x)d faith the peace of each other with those people. In the meantime corresponding suspicions were entertained, or pretended to be entertained, on their part of like hostile excitements by our agents to disturb their peace with the same nations. These were brought forward by the representatives of Spain here in a style which could not fail to produce attention. A claim of patronage and protection of those Indians was asserted; a mediation between them and us by that sovereign assumed; their boundaries with us made a subject of his interference, and at length, at the very moment when these sa^^ages were committing daily inroads upon our frontier, we were informed by them that ' ' the continuation of the peace, good harmony, and perfect friendship of the two nations was very problematical for the future, unless the United States should take more convenient measures and of greater energy than those adopted for a long time past." If their previous correspondence had worn the appearance of a desire to urge on a disagreement, this last declaration left no room to evade it, since it could not be conceived we would submit to the scalping knife and tomahawk of the savage without any resistance. I thought it time, therefore, to know if these were the views of their sovereign, and dis- patched a special messenger with instructions to our commissioners, which are among the papers now communicated. Their last letter gives us reason to expect very^ shortly to know the result. I must add that the Spanish representatives here, perceiving that their last communication had made considerable impression, endeavored to abate this by some sub- sequent professions, which, being also among the communications to the Legislature, they will be able to form their own conclusions. G9 WASHINGTON. United States, December i6, ijgs. jcntlemen of the Senate and of the House of Represeyitatives: I lay before you a report of the Secretary of State on the measures .vhich have been taken on behalf of the United States for the purpose of obtaining a recognition of our treaty with Morocco and for the ransom of our citizens and establishment of peace with x\lgiers. While it is proper our citizens should know that subjects wdiich so much concern their interest and their feelings have duly engaged the attention of their Legislature and Executive, it would still be improper that some particulars of this communication should be made known. The confidential conversation stated in one of the last letters sent here- with is one of these. I>>th justice and poHcy require that the source George Washington ^4^ of that information sliould remain secret. So a knowledge of the sums meant to have bev. ;i given for peace and ransom might have a disadvan- tageous influence on future proceedings for the same objects. G9 WASHINGTON. United States, December 2j, 1793. Genilemen of the Senate and of the Ho2cse of Represeyitatives: Since the communications which were made to you on the affairs of the United States with Spain and on the truce between Portugal and Algiers some other papers have been received, which, making a part of the same subjects, are now communicated for your information. GO WASHINGTON. United States, December jo, 1793. Gentlemen of the Senate and of the House of Representatives: I lay before you, for your consideration, a letter from the Secretary of State, informing me of certain impediments which have arisen to the coinage of the precious metals at the Mint, as also a letter from the same oiG&cer relative to certain advances of money which have been made on public account. Should you think proper to sanction what has been done, or be of opinion that anything more shall be done in the same way, you will judge whether there are not circumstances which would render secrecy expedient. G9 WASHINGTON. United States, fanuary 7, 1794.. Gentlemen of the Senate and of the House of Representatives: Experience has shewn that it would be useful to have an ofl&cer par- ticularly charged, under the direction of the Department of War, with the duties of receiving, safe-keeping, and distributing the public supplies in all cases in which the laws and the course of service do not devolve them upon other officers, and also with that of superintending in all cases the issues in detail of supplies, with power for that purpose to bring to account all persons intrusted to make such issues in relation thereto. An establishment of this nature, by securing a regular and punctual accountability for the issues of public supplies, would be a great guard against abuse, would tend to insure their due application and to give public satisfaction on that point. I therefore recommend to the consideration of Congress the expediency of an establishment of this nature, under such regulations as shall appear to them advisable. G9 WASHINGTON. »4- Messages and Papers of the Presidents UnitKD '^TM^v.s, January 20, 1794. Grntlenioi of the Senate and of the House of Representatives: Having already laid before you a letter of the i6th of August, 1793, from the Secretary of State to our minister at Paris, stating the conduct and urging the recall of the minister plenipotentiary of the Republic of France, I now connniniicate to you that his conduct has been unequivo- cally disappro\cd, and that the strongest assurances have been given that his recall should be expedited without delay. G9 WASHINGTON. United States, January 21, 1794.. Gc7itlemen of the Senate and of the House of Representatives: It is with satisfaction I announce to you that the alterations which have been made by law in the original plan for raising a duty on spirits distilled within the United States, and on stills, cooperating with better information, have had a considerable influence in ob\4ating the difficul- ties which have embarrassed that branch of the public revenue. But the obstacles which have been experienced, though lessened, are not yet entirely surmounted, and it would seem that some further legislative provisions may usefully be superadded, which leads me to recall the attention of Congress to the subject. Among the matters which may demand regulation is the effect, in point of organization, produced by the separation of Kentucky from the State of Virginia, and the situation with regard to the law of the territories northwest and southwest of the Ohio. The laws respecting light-house establishments require, as a condition of their permanent maintenance at the expense of the United States, a complete cession of soil and jurisdiction. The cessions of different States having been qualified with a reservation of the right of ser\dng legal process within the ceded jurisdiction are understood to be inconclusive as annexing a qualification not consonant with the terms of the law. I present this circumstance to the view of Congress, that they may judge whether any alteration ought to be made. As it appears to be conformable with the intention of the ' ' ordinance for the government of the territorj^ of the United States northwest of the river Ohio," although it is not expressly directed that the laws of that territory should be laid before Congress, I now transmit to you a copy of such as have been passed from July to December, 1792, inclusive, being the last which have been received by the Secretary of State. GO WASHINGTON. United States, January jo, 1794.. Gentlemen of the Senate and of the House of Representatives: Communications have been made to Congress during the present session with the intention of affording a full view of the posture of affairs George Washington i43 on the Southwestern frontiers. By the information which has lately been laid before Congress it appeared that the difficulties with the Creeks had been amicabl)' and happily terminated ; but it will be perceived with regret by the papers herewith transmitted that the tranquillity has, unfor- tunately, been of short duration, owing to the murder of several friendly Indians by some lawless white men. The condition of things in that quarter requires the serious and imme- diate consideration of Congress, and the adoption of such wise and vigorous laws as will be competent to the preservation of the national character and of the peace made under the authority of the United States with the several Indian tribes. Experience demonstrates that the existing legal provisions are entirely inadequate to those great objects. GP WASHINGTON. United States, February 7, 1794.. Gentlemen of the Senate and of the House of Represe7itatives: I transmit to you an act and three ordinances passed by the government of the territory of the United States south of the river Ohio on the 13th and 2ist of March and the 7th of May, 1793, and also certain letters from the minister plenipotentiary of the French Republic to the Secretary of State, inclosing dispatches from the general and extraordinary commission of Guadaloupe. GQ WASHINGTON. United States, February ip, 1794. Gentlemen of the Senate and of the House of Representatives: I lay before j'ou the copy of a letter which I have received from the Chief Justice and associate justices of the Supreme Court of the United States, and, at their desire, the representation mentioned in the said letter, pointing out certain defects in the judiciary system. GO WASHINGTON. United States, February 24, 1794. Gentlemen of the Senate and of the House of Represe7itatives: The extracts which I now lay before you, from a letter of our min- ister at London, are supplementary to some of my past communications, and will appear to be of a confidential nature. I also transmit to you copies of a letter from the Secretary of State to the minister plenipotentiary of His Britannic Majesty, and of the answer thereto, upon the subject of the treaty between the United States and Great Britain, together with the copy of a letter from Messrs. Carmichael and Short, relative to our affairs with Spain, which letter is connected with a former confidential message. Qo WASHINGTON. 114 Messages and Papers of the Presidents United States, February 26, lyp/f. Centlemnt of the Senntc: I have caused the correspondence which is the subject of your reso- hition of the 24th day of January last to be laid before nie. After an examination of it I directed copies and translations to be made, except in those particulars which, in my judgment, for public considerations, ought not to be communicated. These copies and translations are now transmitted to the Senate; but the nature of them manifests the propriety of their being received as coufideutial. GO WASHINGTON. United States, March j, 1794.. Gentlemen of the Senate and of the Hoiise of Represe7iiatives: I transmit to 3'ou an extract from a letter of Mr. Short, relative to our affairs with Spain, and copies of two letters from our minister at lyisbon, VNnth their inclosures, containing intelligence from Algiers. The whole of these communications are made in confidence, except the passage in Mr. Short's letter which respects the Spanish convoy, GO WASHINGTON. United States, March 5, 1794. Gentlemen of the Senate and of the House of Representatives: The Secretary of State ha\dng reported to me upon the several complaints which have been lodged in his ofl&ce against the vexations and spoliations on our commerce since the commencement of the Euro- pean war, I transmit to you a copy of his statement, together with the documents upon which it is founded. GO WASHINGTON. United States, March 18, 1794.. Gentlemen of the Senate and of the House of Representatives: The minister plenipotentiary of the French Republic ha\dng requested an advance of money, I transmit to Congress certain documents relative to that subject. GO WASHINGTON. United States, March 28, 17 94-. Gentlemen of the Seyiate and of the House of Representatives: In the execution of the resolution of Congress bearing date the 26th of March, 1794, and imposing an embargo, I have requested the governors of the several States to call forth the force of their militia, if it should be necessary, for the detention of vessels. This power is conceived to be incidental to an embargo. George Washtngton 145 It also deserves the attetitioxi of Congress how far the clearances from one district to another, under the law as it now stands, may give rise to evasions of the embargo. As one security the collectors have been instructed to refuse to receive the surrender of coasting licenses for the purpose of taking out registers, and to require bond from registered vessels bound from one district to another, for the delivery of the cargo within the United States. It is not understood that the resolution applies to fishing vessels, although their occupations lie generally in parts beyond the United States. But without further restrictions there is an opportunity of their privileges being used as means of eluding the embargo. All armed vessels possessing public commissions from any foreign power (letters of marque excepted) are considered as not liable to the embargo. These circumstances are transmitted to Congress for their consideration. GO WASHINGTON. United States, April 4, 1794.. Gentlemen of the Senate and of the House of Represe^itatives: I lay before you three letters from our minister in London, advices concerning the Algerine mission from our minister at Lisbon and others, and a letter from the minister plenipotentiary of the French Repubhc to the Secretary of State, with his answer. G9 WASHINGTON. United States, April 13, 1794.. Gentlemen of the Senate and of the House of Representatives: I lay before you a letter from the minister plenipotentiary of His Britannic Majesty to the Secretary of State; a letter from the secretary of the territory south of the river Ohio, inclosing an ordinance and proc- lamation of the governor thereof; the translation of so much of a peti- tion of the inhabitants of Post Vincennes, addressed to the President, as relates to Congress, and certain dispatches lately received from our com- missioners at Madrid. These dispatches from Madrid being a part of the business which has been hitherto deemed confidential, they are forwarded tinder that view. GO WASHINGTON. United States, April 16, 1794. Gentlemen of the Senate: The communications which I have made to you during your present session from the dispatches of our minister in London contain a serious aspect of our affairs with Great Britain. But as peace ought to be pur- sued with unremitted zeal before the last resource, which has so often 14^^ Afcssa^^es and Papers of the Presidents betMi tho scourge of nations, and can not fail to check the advanced pros- jx^rity of the Ignited States, is contemplated, I have thought proper to nominate, and do hereby nominate, John Jay as envoy extraordinary of the United States to His Uritannic Majesty. My confidence in our minister plenipotentiary in London continues midiminished. But a mission like this, while it corresponds with the solenuiity of the occasion, will announce to the world a solicitude for a friendly adjustment of our complaints and a reluctance to hostility. Going immediateh' from the United States, such an envoy wnll carry with him a full knowledge of the existing temper and sensibihty of our countr>', and will thus be taught to vindicate our rights with firmness and to cultivate peace with sincerity. GP WASHINGTON. United States, May 12, 1794. Gentlemen of the Senate ayid of the House of Representatives: As the letter which I forwarded to Congress on the 15th day of April last, from the minister plenipotentiary of His Britannic Majesty to the Secretary of State, in answer to a memorial of our minister in London, related to a very interesting subject, I thought it proper not to delay its communication. But since that time the memorial itself has been received in a letter from our minister, and a reply has been made to that answer by the Secretary of State. Copies of them are therefore now transmitted. I also send the copy of a letter from the governor of Rhode Island, inclosing an act of the legislature of that State empowering the United States to hold lands within the same for the purpose of erecting fortifica- tions, and certain papers concerning patents for the donation lands to the ancient settlers of Vincennes upon the Wabash. GO WASHINGTON. United States, May 20, 1794.. Gentlemen of ike S-nate and of the House of Representatives: In the communications which I have made to Congress during the present session relative to foreign nations I have omitted no opportunity of testifying my anxiety to preserve the United States in peace. It is peculiarly, therefore, my duty at this time to lay before you the present state of certain hostile threats against the territories of Spain in our neighborhood. The documents which accompany this message develop the measures which I have taken to suppress them, and the intelligence which has been lately received. It will be seen from thence that the subject has not been neglected; that every power vested in the Executive on such occasions has been George Washington 147 exerted, and that there was reason to beheve that the enterprise pre- lected against the Spanish dominions was rehnquished. Ikit it appears to have been revived upon principles which set public. Older at defiance and place the peace of the United States in the discre- tion of unauthorized individuals. The means already deposited in the different departments of Government are shewn by experience not to be adequate to these high exigencies, although such of them as are lodged in the hands of the Executive shall continue to be used with promptness, energy, and decision proportioned to the case. But I am impelled by the position of our public affairs to recommend that provision be made for a stronger and more vigorous opposition than can be given to such hostile movements under the laws as they now stand. GP WASHINGTON. United States, May 21, 1794. Gentlemen of the Senate and bf the House of Representatives: I lay before you in confidence sundry papers, by which you will per- ceive the .state of affairs between us and the Six Nations, and the proba- ble cause to which it is owing, and also certain information whereby it would appear that some encroachment was about to be made on our territory by an officer and party of British troops. Proceeding upon a supposition of the authenticity of this information, although of a private nature, I have caused the representation to be made to the British min- ister a copy of which accompanies this message. It can not be necessary to comment upon the very serious nature of such an encroachment, nor to lurge that this new state of things suggests the propriety of placing the United States in a posture of effectual preparation for an event which, notwithstanding the endeavors making to avert it, may by circumstances beyond our control be forced upon us. GO WASHINGTON. United States, May 26, 1794.. Gentlemen of the Senate and of the House of Representatives: The commissioners of His Catholic Majesty having communicated to the Secretary of State the form of a certificate without which the vessels of the United States can not be admitted into the ports of Spain, I think it proper to lay it before Congress. GO WASHINGTON. United States, May 27, 1794.. Gentlemen of the Senate: The Executive Provisory Council of the French Republic having requested me to recall Gouverneur Morris, our minister plenipotentiary in France, I have thought proper, in pursuance of that request, to recall i.fS Afessa^es and Papers of the Presidents him. I therefore nominate James Monroe, of Virginia, as minister plenip>oteutiar>' of the United States to the said Repubhc. I also nominate William Short, now minister resident for the United States with Their High Mightinesses the States-General of the United Netherlands, to l^ minister resident for the United States to His Catholic Majesty, in the room of Wilham Carmichael, who is recalled. GO WASHINGTON. United States, June 2, 1794. Gentleman of the Seyiatc and of the House of Representatives: I send you certain communications, recently received from Georgia, which materially change the prospect of affairs in that quarter, and seem to render a war with the Creek Nations more probable than it has been at any antecedent period. While the attention of Congress will be directed to the consideration of measures suited to the exigency, it can not escape their observation that this intelligence brings a fresh proof of the insufficiency of the existing provisions of the laws toward the effectual cultivation and preservation of peace with our Indian neighbors. GO WASHINGTON. PROCLAMATIONS. [From a broadside in the archives of the Department of State.] By the President of the United States of America. A PROCLAMATION. Whereas it appears that a state of war exists between Austria, Prus- sia, Sardinia, Great Britain, and the United Netherlands of the one part and France on the other, and the duty and interest of the United States require that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial toward the belligerent powers: I have therefore thought fit by these presents to declare the dispo- sition of the United States to observ^e the conduct aforesaid toward those powers respectively, and to exhort and warn the citizens of the United States carefully to avoid all acts and proceedings whatsoever which may in any manner tend to contravene such disposition. And I do hereby also make known that whosoever of the citizens of the United States shall render himself liable to punishment or forfeiture under the law of nations by committing, aiding, or abetting hostilities against any of the said powers, or by carrying to any of them those arti- cles which are deemed contraband by the modern usage of nations, will not receive the protection of the United States against such punishment George Washington I49 or forfeiture; and further, that I have given instructions to those officers to whom it l>elongs to cause prosecutions to he instituted against all per- sons \vho shall, within the cognizance of the courts of the United States, violate the law of nations with respect to the powers at war, or any of them. In testimony whereof I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. [seal.] Done at the city of Philadelphia, the 22d day of April, 1793, and of the Independence of the United States of America the seventeenth. G9 WASHINGTON. By the President: Th: Jefferson. By the President of the United States of America. A PROCLAMATION. Whereas I have received information that certain persons, in violation of the laws, have presumed, under color of a foreign authority, to enlist citizens of the United States and others within the State of Kentucky, and have there assembled an armed force for the purpose of invading and plundering the territories of a nation at peace with the said United States; and Whereas such unwarrantable measures, being contrary to the laws of nations and to the duties incumbent on every citizen of the United States, tend to disturb the tranquillity of the same, and to involve them m the calamities of war; and Whereas it is the duty of the Executive to take care that such crimi- nal proceedings should be suppressed, the offenders brought to justice, and all good citizens cautioned against measures likely to prove so per- nicious to their countrj' and themselves, should they be seduced into similar infractions of the laws: I have therefore thought proper to issue this proclamation, hereby solemnly warning every person, not authorized by the laws, against enlisting any citizen or citizens of the United States, or levying troops, or assembling any persons within the United States for the purposes aforesaid, or proceeding in any manner to the execution thereof, as they will answer for the same at their peril; and I do also admonish and require all citizens to refrain from enlisting, enrolling, or assembling themselves for such unlawful purposes and from being in anywise con- cerned, aiding, or abetting therein, as they tender their own welfare, inasmuch as all lawful means will be strictly put in execution for secur- ing obedience to the laws and for punishing such dangerous and daring violations thereof. 15" Afrssa^rs and Papers of the Presidents Atul I do moreover eh;ir>;e aiul reciuire all courts, magistrates, and other otVioers whom it ma>- concern, according- t(^ then- respective duties, to exert the powers in them severally vested to prevent and suppress all such unlawful assemblages and proceedings, and, to bring to condign punishment those who may have been guilty thereof, as they regard the due authority of Govennueut and the peace and welfare of the United States. In testimony whereof I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. [seal.] Done at the city of Philadelphia, the 24th day of March, 1794, and of the Independence of the United States of America the eighteenth. GO WASHINGTON. By the President: Edm: Randol,ph. [From Annals of Congress, Fourth Congress, second session, 2796.] By the President of the United States of America. A PROCLAMATION. Whereas combinations to defeat the execution of the laws laying duties upon spirits distilled within the United States and upon stills have from the time of the commencement of those laws existed in some of the western parts of Pennsylvania; and Whereas the said combinations, proceeding in a manner subversive equally of the just authority of government and of the rights of individ- uals, have hitherto effected their dangerous and criminal purpose by the influence of certain irregular meetings whose proceedings have tended to encourage and uphold the spirit of opposition by misrepresentations of the law^s calculated to render them odious; by endeavors to deter those who might be so disposed from accepting ofl&ces undfr them through fear of public resentment and of injury to person and property, and to compel those who had accepted such offices by actual violence to sur- render or forbear the execution of them; by circulating vindictive men- aces against all those who should otherwise, directly or indirectly, aid in the execution of the said laws, or who, yielding to the dictates of con- science and to a sense of obligation, should themselves comply therewith; by actually injuring and destroying the property of persons who were understood to have so complied; by inflicting cruel and humiliating pun- ishments upon private citizens for no other cause than that of appear- ing to be the friends of the laws; by intercepting the public officers on the highways, abusing, assaulting, and otherwise ill treating them; by going to their houses in the night, gaining admittance by force, taking away their papers, and committing other outrages, employing for th^^se George Washington 15^ unwarrantable purposes the aj^ency of armed banditti disguised in such manner as for the most part to escape discovery; and Whereas the endeavors of the Legislature to obviate objections to the said laws l)y lowering the duties and by other alterations conducive to the convenience of those whom they immediately affect (though they have given satisfaction in other quarters), and the endeavors of the executive officers to conciliate a compliance with the laws by explana- tions, by forbearance, and even by particular accommodations founded on the suggestion of local considerations, have been disappointed of their effect l)y the machinations of persons whose industry to excite resistance has increased with every appearance of a disposition among the people to relax in their opposition and to acquiesce in the laws, insomuch that many persons in the said western parts of Pennsylvania have at length been hardy enough to perpetrate acts which I am advised amount to treason, being overt acts of levying war against the United States, the said persons having on the i6th and 17th July last past proceeded in arms (on the second day amounting to several hundreds) to the house of John Neville, inspector of the revenue for the fourth survey of the district of Pennsylvania; having repeatedly attacked the said house with the persons therein, wounding some of them; having seized David Lenox, marshal of the district of Pennsylvania, who previous thereto had been fired upon while in the execution of his duty by a party of armed men, detaining him for some time prisoner, till for the preservation of his life and the obtaining of his liberty he found it necessary to enter into stipula- tions to forbear the execution of certain official duties touching processes issuing out of a court of the United States; and having finally obliged the said inspector of the said revenue and the said marshal from consider- ations of personal safety to fly from that part of the country, in order, by a circuitous route, to proceed to the seat of Government, avowing as the motives of these outrageous proceedings an intention to prevent by force of arms the execution of the said laws, to oblige the said inspector of the revenue to renounce his said office, to withstand by open \dolence the lawful authority of the Government of the United States, and to compel therebj^ an alteration in the measures of the Legislature and a repeal of the laws aforesaid; and Whereas by a law of the United States entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insur- rections, and repel invasions," it is enacted "that whenever the laws of the United States shall be opposed or the execution thereof obstructed in any State by combinations too powerful to be suppressed by the ordi- nary course of judicial proceedings or hy the powers vested in the marshals by that act, the same being notified by an associate justice or the district judge, it shall be lawful for the President of the United States to call forth the militia of such State to suppress such combinations and to cause the laws to be duly executed* And if the miUtia of a State where such ^5- Messages and Papers of the Presidents combinations may happen shall refuse or be insufheient to suppress the same, it shall be lawful for the President, if the Legislature of the United States shall woX. be in session, to call forth and emploj'' such numbers of the militia of any other State or States most convenient thereto as may be necessary; and the use of the militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the .com- mencement of the ensuing session: Provided ahvays, That whenever it may be necessary in the judgment of the President to use the military force hereby directed to be called forth, the President shall forthwith, and pre\nous thereto, b}' proclamation, command such insurgents to disperse and retire peaceably to their respective abodes within a limited time ; ' ' and Whereas James Wilson, an associate justice, ou the 4th instant, by writing under his hand, did from evidence which had been laid before him notify to .me that "in the counties of Washington and Allegany, in Pennsylvania, laws of the United States are opposed and the execution thereof obstructed by combinations too powerful to be suppressed by the ordinary course of judicial proceedings or by the powers vested in the marshal of that district; " and Whereas it is in my judgment necessary under the circumstances of the case to take measures for calling forth the militia in order to suppress tlie combinations aforesaid, and to cause the laws to be duly executed; and I have accordingly determined so to do, feeling the deepest regret for the occasion, but withal the most solemn conviction that the essential interests of the Union demand it, that the ver}^ existence of Government and the fundamental principles of social order are materially involved in the issue, and that the patriotism and firmness of all good citizens are seriously called upon, as occasions may require, to aid in the effectual suppression of so fatal a spirit: Wherefore, and in pursuance of the proviso above recited, I, George Washington, President of the United States, do hereby command all per- sons being insurgents as aforesaid, and all others whom it may concern, on or before the ist day of September next to disperse and retire peace- ably to their respective abodes. And I do moreover warn all persons whomsoever against aiding, abetting, or comforting the perpetrators of the aforesaid treasonable acts, and do require all oflScers and other citi- zens, according to their respective duties and the laws of the land, to exert their utmost endeavors to prevent and suppress such dangerous proceedings. In testimony whereof I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. [seal.] Done at the city of Philadelphia, the 7th day of August, 1 794, and of the Independence of the United States of America the nineteenth. GP WASHINGTON. By the President: Edm; Randolpf George Washington 153 [Prom Aunals of Congress, Third Congress, 1413.] By the President of the United States of America. A PROCI.AMATION. Whereas from a hope that the combinations against the Constitution and laws of the United States in certain of the western counties of Penn- sylvania would yield to time and reflection I thought it sufficient in the first instance rather to take measures for calling forth the militia than immediately to embody them, but the moment is now come when the overtures of forgiveness, with no other condition than a submission to law, have been only partially accepted; when every form of conciliation not inconsistent with the being of Government has been adopted without effect; when the well-disposed in those counties are unable by their influence and example to reclaim the wicked from their fury, and are compelled to associate in their own defense; when the proffered lenity has been perversely misinterpreted into an apprehension that the citizens will march with reluctance; when the opportunity of examining the serious consequences of a treasonable opposition has been employed in propagating principles of anarchy, endeavoring through emissaries to alienate the friends of order from its support, and inviting its enemies to perpetrate similar acts of insurrection; when it is manifest that vio- lence would continue to be exercised upon every attempt to enforce the laws; when, therefore. Government is set at defiance, the contest being whether a small portion of the United States shall dictate to the whole Union, and, at the expense of those who desire peace, indulge a desperate ambition: Now, therefore, I, George Washington, President of the United States, in obedience to that high and irresistible duty consigned to me by the Constitution ' ' to take care that the laws be faithfully executed, ' ' deplor- ing that the American name should be sullied by the outrages of citizens on their own Government, commiserating such as remain obstinate from delusion, but resolved, in perfect reliance on that gracious Providence which so signally displays its goodness towards this country, to reduce the refractory to a due subordination to the law, do hereby declare and make known that, with a satisfaction which can be equaled only b}^ the merits of the militia summoned into service from the States of New Jersey, Pennsylvania, Maryland, and Virginia, I have received intelligence of their patriotic alacrity in obeying the call of the present, though painful, ^^et commanding necessity; that a force which, according to every reasonable expectation, is adequate to the exigency is already in motion to the scene of disaffection ; that those who have confided or shall confide in the protection of Government shall meet full succor under the standard and from the arms of the United States; that those who, having offended against the laws, have since entitled themselves 1 54 Messages and Papers of the Presidents to iiulcmnity will bo Ireatcd with the iiuxst liberal good faith if they shall not have forfeitetl their claim b>- any sui)sequent conduct, and that instrnctions arc given aoemilingly. And I i\o moreover exhort all individuals, ofTicers, aud bodies of men to couteniplate with abhorrence the measures leading directly or indi- rectly to those crimes which produce this resort to military coercion; to check in their respective spheres the efforts of misguided or designing men to substitute their misrepresentation in the place of truth aud their discontents in the place of stable government, and to call to mind that, as the people of the United States have been permitted, under the Divine favor, in perfect freedom, after solemn deliberation, and in an enlight- ened age, to elect their own government, so will their gratitude for this , inestimable blessing be best distinguished by firm exertions to maintain the Constitution and the laws. And, lastly, I again warn all persons whomsoever and wheresoever not to abet, aid, or comfort the insurgents aforesaid, as they will answer the contrary at their peril; and I do also require all oflScers and other citi- zens, according to their several duties, as far as may be in their power, to bring under the cognizance of the laws all offenders in the premises. In testimony whereof I have caused the seal of the United States of America to be affixed to these presents, aud signed the same with my hand. • [seal.] Done at the city of Philadelphia, the 25th day of Septem- ber, 1794, and of the Independence of the United States of America the nineteenth. G9 WASHINGTON. By the President: Edm: Randolph. SIXTH ANNUAL ADDRESS. United States, November rp, 1^94.. Fellow-Citizens of the Senate and of the House of Representatives: When we call to mind the gracious indulgence of Heaven by which the American people became a nation; when we survey the general pros- perity of our country, and look forward to the riches, power, and happi- ness to which it seems destined, with the deepest regret do I announce to you that during your recess some of the citizens of the United States have been found capable of an insurrection. It is due, however, to the character of our Government and to its stability, which can not be shaken by the enemies of order, freely to unfold the course of this event. During the session of the year 1790 it wa^ expedient to exercise the legislative power granted by the Constitution of the United States ' * to George Washington ^ i55 lay and collect excises." In a majority of the States scarcely an objec- tion was heard to this mode of taxation. In some, indeed, alarms were at first conceived, until they were banished by reason and patriotism. In ,the four western counties of Pennsylvania a prejudice, fostered and imbittered by the artifice of men who labored for an ascendency over the will of others by the guidance of their passions, produced symptoms of riot and violence. It is well known that Congress did not hesitate to examine the complaints which were presented, and to relieve them as far as justice dictated or general convenience would permit. But the impres- sion which this moderation made on the discontented did not correspond with what it deserved. The arts of delusion were no longer confined to the efforts of designing individuals. The veiy forbearance to press prosecutions was misinterpreted into a fear of urging the execution of the laws, and associations of men began to denounce threats against the officers employed. From a belief that by a more formal concert their operation might be defeated, certain self-created societies assumed the tone of condemnation. Hence, while the greater part of Pennsylvania itself were conforming themselves to the acts of excise, a few counties were resolved to frustrate them. It was now perceived that every expec- tation from the tenderness which had been hitherto pursued was unavail- ing, and that further delay could only create an opinion of impotency or irresolution in the Government. Legal process was therefore deHvered to the marshal against the rioters and delinquent distillers. No sooner was he understood to be engaged in this duty than the vengeance of armed men was aimed at his person and the person and property of the inspector of the revenue. They fired upon the marshal, arrested him, and detained him for some time as a prisoner. He was obliged, by the jeopardy of his life, to renounce the service of other process on the west side of the Allegheny Mountain, and a deputation was afterwards sent to him to demand a surrender of that which he had served. A numerous body repeatedly attacked the house of the inspector, seized his papers of oflSce, and finally destroyed by fire his buildings and whatsoever they contained. Both of these ofiicers, from a just regard to their safety, fled to the seat of Government, it being avowed that the motives to such outrages were to compel the resignation of the inspector, to withstand by force of arms the authority of the United States, and thereby to extort a repeal of the laws of excise and an alteration in the conduct of Government. Upon the testimony of these facts an associate justice of the Supreme Court of the United States notified to me that "in the counties of Wash- ington and Allegheny, in Pennsylvania, laws of the United States were opposed, and the execution thereof obstructed, by combinations too pow- erful to be suppressed by the ordinary course of judicial proceedings or by the powers vested in the marshal of that district." On this call, momentous in the extreme, I sought and weighed what might best 15^'^ Afe'ssaji^fs and Papers of the Presidents suKine the crisis. On the one hund the judioiarj^ was pronounced to be stripped of its capacity to enforce the laws; crimes which reached the very existence of serial order were perpetrated without control ; the friends of Ooveniinent were insulted, abused, and overawed into silence or an apparent acquiescence ; and to yield to the treasonable fury of so small a portion of the United States would be to violate the fundamental principle of our Constitution, which enjoins that the will of the majority shall prevail. On the other, to array citizen against citizen, to publish the dishonor of such excesses, to encounter the expense and other embar- rassments of so distant an expedition, w^ere steps too delicate, too closely intenvoven with many affecting considerations, to be lightly adopted. I postponed, therefore, the summoning the militia immediately into the field, but I required them to be held in readiness, that if my anxious endea\-ors to reclaim the deluded and to convince the malignant of their danger should be fruitless, mihtary force might be prepared to act before the season should be too far advanced. My proclamation of the yth of August last was accordingly issued, and accompanied by the appointment of commissioners, who were charged to repair to the scene of insurrection. They were authorized to confer with any bodies of men or individuals. They were instructed to be candid and explicit in stating the sensations which had been excited in the Executive, and his earnest wish to avoid a resort to coercion ; to represent, however, that, without submission, coercion 7nust be the resort ; but to invite them, at the same time, to return to the demeanor of faithful citizens, by such accommodations as lay within the sphere of Executive power. Pardon, too, was tendered to them by the Govern- ment of the United States and that of Pennsylvania, upon no other condition than a satisfactory assurance of obedience to the laws. Although the report of the commissioners marks their firmness and abilities, and must unite all virtuous men, by shewing that the means of conciliation have been exhausted, all of those who had committed or abetted the tumults did not subscribe the mild form which was proposed as the atonement, and the indications of a peaceable temper were neither sufficiently general nor conclusive to recommend or warrant the further suspension of the march of the miUtia. Thus the painful alternative could not be discarded. I ordered the militia to march, after once more admonishing the insurgents in mv proclamation of the 25th of September last It was a task too difficult to ascertain with precision the lowest degree of force competent to the quelling of the insurrection. From a respect, indeed, to economy and the ease of ray fellow-citizens belonging to the militia, it would have gratified me to accomplish such an estimate. My very reluctance to ascribe too much importance to the opposition, had its extent been accurately seen, would have been a decided inducement to the smallest efficient numbers. In this uncertainty, therefore, X put into George Washington 157 motion 15,000 men, as being an army which, according to all human calculation, would be prompt and adequate in every view, and might, perhaps, by rendering resistance desperate, prevent the effusion of blood. Quotas had been assigned to the States of New Jersey, Pennsylvania, Maryland, and Virginia, the governor of Pennsylvania having declared on this occasion an opinion which justified a requisition to the other States. As commander in chief of the militia when called into the actual serv- ice of the United States, I have visited the places of general rendezvous to obtain more exact information and to direct a plan for ulterior move- ments. Had there been room for a persuasion that the laws were secure from obstruction; that the civil magistrate was able to bring to justice such of the most culpable as have not embraced the proffered terms of amnesty, and may be deemed fit objects of example; that the friends to peace and good government were not in need of that aid and countenance which they ought always to receive, and, I trust, ever will receive, against the vicious and turbulent, I should have caught with avidity the opportunity of restoring the militia to their families and homes. But succeeding intelligence has tended to manifest the necessity of what has been done, it being now confessed by those who were not inclined to exaggerate the ill conduct of the insurgents that their malevolence was not pointed merely to a particular law, but that a spirit inimical to all order has actuated many of the offenders. If the state of things had afforded reason for the continuance of my presence with the army, it would not have been withholden. But every appearance assuring such an issue as will redound to the reputation and strength of the United States, I have judged it most proper to resume my duties at the seat of Government, leaving the chief command with the governor of Virginia. Still, however, as it is probable that in a commotion like the present, whatsoever may be the pretense, the purposes of mischief and revenge may not be laid aside, the stationing of a small force for a certain period in the four western counties of Pennsylvania will be indispensable, whether we contemplate the situation of those who are connected with the execu- tion of the laws or of others who may have exposed themselves by an honorable attachment to them. Thirty days from the commencement of this session being the legal limitation of the employment of the militia. Congress can not be too early occupied with this subject. Among the discussions which may arise from this aspect of our affairs, and from the documents which will be submitted to Congress, it will not escape their observ^ation that not only the inspector of the revenue, but other officers of the United States in Pennsylvania have, from their fidelity in the discharge of their functions, sustained material injuries to their property. The obligation and policy of indemnifying them are strong and obvious. It may also merit attention whether policy will not enlarge this provision to the retribution of other citizens who, though not 15S Messages and Papers of the Presidents inuler the ties of office, may have sulTeretl damage by their penerons exertions for upholdiii}; the Constitution and the laws. The amount, even if all the injured were included, would not he great, and on future emergencies the Government would be amply repaid by the influence of an example that he who incurs a loss in its defense shall find a recom- pense iu its liberality. While there is cause to lament that occurrences of this nature should have disgraced the name or interrupted the tranqtiillity of any part of our community, or should have diverted to a new application any portion of the plablic resources, there are not wanting real and substantial conso- lations for the misfortune. It has demonstrated that our prosperity rests on solid foundations, by furnishing an additional proof that my fellow^ citizens understand the true principles of government and liberty; that they feel their inseparable union; that notwithstanding all the devices which have been used to sway them from their interest and dutj', they are now as ready to maintain the authority of the laws against licentious invasions as they were to defend their rights against usurpation. It has been a spectacle displaying to the highest advantage the value of repub- lican government to behold the most and the least w^ealthy of our citizens standing in the same ranks as private soldiers, preeminently distinguished by being the army of the Constitution — undeterred by a march of 300 miles over rugged mountains, by the approach of an inclement season, or by any other discouragement. Nor ought I to omit to acknowledge the efficacious and patriotic cooperation which I have experienced from the chief magistrates of the States to which my requisitions have been addressed. To every description of citizens, indeed, let praise be given. But let them persevere in their affectionate vigilance over that precious depository of American happiness, the Constitution of the United States. Let them cherish it, too, for the sake of those w^ho, from every clime, are daily seeking a dwelling in our land. And when in the calm moments of reflection they shall have retraced the origin and progress of the insur- rection, let them determine whether it has not been fomented by com- binations of men who, careless of consequences and disregarding the unerring truth that those who rouse can not always appease a civil con- vulsion, have disseminated, from an ignorance or perversion of facts, suspicions, jealousies, and accusations of the w^hole Government. Having thus fulfilled the engagement which I took when I entered into office, "to the best of my ability to preserve, protect, and defend the Constitution of the United States," on you, gentlemen, and the people by whom you are deputed, I rely for support. In the arrangements to which the possibility of a similar contingency will natturally draw your attention it ought not to be forgotten that the militia laws have exhibited such striking defects as could not have been supplied but by the zeal of our citizens. Besides the extraordinary George Washington 159 expense and wa=t2. which are not the least of the defects, every appeal to those laws is attended with a doubt on its success. The devising and establishing of a well-regulated militia would be a genuine ;:ource of legislative honor and a perfect title to public grati- tude. I therefore entertain a hope that the present session will not pass without carrying to its full energy the power of organizing, arming, and disciplining the militia, and thus providing, in the language of tlie Con- stitution, for calling them forth to execute the laws "of the Union, sup- press insurrections, and repel invasions. As auxiliary to the state of our defense, to which Congress can never too frequently recur, they will not omit to inquire whether the fortifica- tions which have been already licensed by law be commensurate with our exigencies. The intelligence from the army under the command of General Wayne is a happy presage to our military operations against the hostile Indians north of the Ohio. From the advices which have been forwarded, the advance which he has made must have damped the ardor of the savages and weakened their obstinacy in waging war against the United States. And yet, even at this late hour, when our power to punish them can not be questioned, we shall not be unwilling to cement a lasting peace upon terms of candor, equity, and good neighborhood. Toward none of the Indian tribes have overtures of friendship been spared. The Creeks in particular are covered from encroachment by the interposition of the General Government and that of Georgia. From a desire also to remove the discontents of the Six Nations, a settlement meditated at Presque Isle, on Lake Erie, has been suspended, and an agent is now endeavoring to rectify any misconception into which they may have fallen. But I can not refrain from again pressing upon your deliberations the plan which I recommended at the last session for the improvement of harmony with all the Indians within our limits by the fixing and conducting of trading houses upon the principles then expressed. Gentlemen of the Hotise of Representatives: The time which has elapsed since the commencement of our fiscal measures has developed our pecuniary resources so as to open the way for a definite plan for the redemption of the public debt. It is believed that the result is such as to encourage Congress to consummate this work without delaj'. Nothing can more promote the permanent welfare of the nation and nothing would be more grateful to our constituents. Indeed, whatsoever is unfinished of our system of public credit can not be bene- fited by procrastination; and as far as may be practicable we ought to place that credit on grounds which can not be disturbed, and to prev^ent that progressive accumulation of debt which must ultimately endanger all governments. i6o Afrssa^^es and Papers of the Presidents An estimate of the necessary appropriations, inckiding the expenditures into which we have been driven by the insurrection, will be submitted to Congress. Gentlemen of the Senate and of the House of Representatives. The Mint of the I'nitcd States has entered upon the coinage of the precious metals, and considerable sums of defective coins and bullion have been lodged with the Director by individuals. There is a pleasing prospect that the institution will at no remote day realize the expectation which was originally formed of its utility. In subsequent communications certain circumstances of our intercourse with foreign nations will be transmitted to Congress. However, it may not be unseasonable to announce that my policy in our foreign transac- tions has been to cultivate peace with all the world ; to observ-e treaties with pure and absolute faith ; to check every deviation from the line of impartiality ; to explain what may have been misapprehended and correct what may have been injurious to an}^ nation, and having thus acquired the right, to lose no time in acquiring the ability to insist upon justice being done to ourselves. Let us unite, therefore, in imploring the Supreme Ruler of Nations to spread his hol}^ protection over these United States ; to turn the machina- tions of the wicked to the confirming of our Constitution ; to enable us at all times to root out internal sedition and put invasion to flight ; to perpetuate to our country that prosperity which His goodness has already conferred, and to verif}^ the anticipations of this Government being a safeguard to human rights. G9 WASHINGTON. ADDRESS OF THE SENATE TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. Sir: We receive with pleasure your speech to the two Houses of Con- gress. In it we perceive renewed proofs of that vigilant and paternal concern for the prosperity, honor, and happiness of our country which has uniformly distinguished your past Administration. Our anxiety arising from the licentious and open resistance to the laws in the western counties of Pennsylvania has been increased by the pro- ceedings of certain self -created societies relative to the laws and adminis- tration of the Government; proceedings, in our apprehension, founded in political error, calculated, if not intended, to disorganize our Government, and which, by inspiring delusive hopes of support, have been influential in misleading our fellow-citizens in the scene of insurrection. In a situation so delicate and important the lenient and persuasive measures which you adopted merit and receive our affectionate approba- tion. These failing to procure their proper effect, and coercion having George Washington i6i become inevitable, we have derived the highest satisfaction from the enlightened patriotism and animating zeal with which the citizens of New Jersey, Pennsylvania, Maryland, and Virginia have rallied around the standard of Government in opposition to anarchy and insurrection. Our warm and cordial acknowledgments are due to you, sir, for the wisdom and decision with which you arrayed the militia to execute the public will, and to them for the disinterestedness and alacrity with which they obeyed your summons. The example is precious to the theory of our Government, and confers the brightest honor upon the patriots who have given it. We shall readily concur in such further provisions for the security of internal peace and a due obedience to the laws as the occasion manifestly requires. The effectual organization of the militia and a prudent attention to the fortifications of our ports and harbors are subjects of great national importance, and, together with the other measures you have been pleased to recommend, will receive our deliberate consideration. The success of the troops under the command of General Wayne can not fail to produce essential advantages. The pleasure with which we acknowledge the merits of that gallant general and army is enhanced by the hope that their victories will lay the foundation of a just and durable peace with the Indian tribes. At a period so momentous in the affairs of nations the temperate, just, and firm policy that you have pursued in respect to foreign powers has been eminently calculated to promote the great and essential interest of our country, and has created the fairest title to the public gratitude and thanks. JOHN ADAMS, Vice-President of the United States and President of the Senate. November 21, 1794. REPIvY OF THE PRESIDENT. Gentlemen: Among the occasions w^hich have been afforded for expressing my sense of the zealous and steadfast cooperation of the Senate in the maintenance of Government, none has yet occurred more forcibly demanding my unqualified acknowledgments than the present. Next to the consciousness of upright intentions, it is the highest pleas- ure to be approved by the enlightened representatives of a free nation. With the satisfaction, therefore, which arises from an unalterable attach- ment to public order do I learn that the Senate discountenance those proceedings which would arrogate the direction of our affairs without any degree of authority derived from the people. It has been more than once the lot of our Government to be thrown into new and delicate situations, and of these the insurrection has not i(')3 Messages and Papers of the Presidents Ixvti the least innxirtant. Having been compelled at length to lay aside my repugnance to resort to anns, I derive nntch happiness from l)eing confinned by your judgment in the necessity* of decisive measures, and from the support of my fellow-citizens of the militia, who were the patri- otic instruments of that necessity. With such demonstrations of affection for our Constitution; with an adequate organization of the militia; with the establishment of necessar>' fortifications; with a continuance of those judicious and spirited exer- tions which have brought victor>^ to our Western army; with a due atten- tion to public credit, and an unsullied honor toward all nations, we may meet, under every assurance of success, our enemies from within and from without. GO WASHINGTON. November 22, 1794. ADDRESS OF THE HOUSE OF REPRESENTATIVES TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. Sir : The House of Representatives, calling to mind the blessings enjoyed b}- the people of the United States, and especially the happiness of living under constitutions and laws which rest on their authority alone, could not learn with other emotions than those you have expressed that any part of our fellow-citizens should have shewn themselves capable of an insurrection. And we learn with the greatest concern that any mis- representations whatever of the Government and its proceedings, either by individuals or combinations of men, should have been made and so far credited as to foment the flagrant outrage which has been committed on the laws. We feel with you the deepest regret at so painful an occur- rence in the annals of our countr>\ As men regardful of the tender inter- ests of humanity, we look with grief at scenes which might have stained our land with civil blood ; as lovers of public order, we lament that it has suffered so flagrant a %'iolation ; as zealous friends of republican gov- ernment, we deplore every occasion which in the hands of its enemies may be turned into a calumny against it. This aspect of the crisis, however, is happily not the only one which it presents. There is another, which yields all the consolations which you have drawn from it. It has demonstrated to the candid world, as well as to the American people themselves, that the great body of them everywhere are equally attached to the luminous and vital principle of our Constitution, which enjoins that the will of the majority shall prevail ; that they understand the indissoluble union between true liberty and regular government ; that they feel their duties no less than they are watchful over their rights ; that they will be as ready at all times to crush licentiousness as they have been to defeat usurpation. In a word, that they are cap , of carrying into execution that noble plan of self-govemment which they have chosen as the guaranty of their own I George Washington 163 happiness and the asyhim for that of all, from every clime, who may wish to unite their destiny with ours. These are the just inferences flowing from the promptitude with which the summons to the standard of the laws has been obeyed, and from the sentiments which have been witnessed in every description of citizens in every quarter of the Union. The spectacle, therefore, when viewed in its true light, ma}' well be afl&rmed to display in equal luster the vir- tues of the American character and the value of republican government. All must particularly acknowledge and applaud the patriotism of that portion of citizens who have freely sacrificed everything less dear than the love of their country to the meritorious task of defending its happiness. In the part which you have yourself borne through this d^licate and distressing period we trace the additional proofs it has afforded of your solicitude for the public good. Your laudable and successful endeavors to render lenity in executing the laws conducive to their real energy, and to convert tumult into order without the effusion of blood, form a par- ticular title to the confidence and praise of your constituents. In all that may be found necessary' on our part to complete this benevolent purpose, and to secure the ministers and friends of the laws against the remains of danger, our due cooperation will be afforded. The other subjects which you have recommended or communicated, and of which several are peculiarly interesting, will all receive the atten- tion which they demand. We are deeply impressed with the importance of an effectual organization of the militia. We rejoice at the intelligence of the advance and success of the army under the command of General Wayne, whether we regard it as a proof of the perseverance, prowess, and superiority of our troops, or as a happy presage to our military operations against the hostile Indians, and as a probable prelude to the establish- ment of a lasting peace upon terms of candor, equity, and good neigh- borhood. We receive it with the greater pleasure as it increases the probability of sooner restoring a part of the public resources to the desir- able object of reducing the public debt. We shall on this, as on all occasions, be disposed to adopt any meas- ures which may advance the safety and prosperity of our country'. In nothing can we more cordially unite with you than in imploring the Supreme Ruler of Nations to multiply his blessings on these United States; to guard our free and happy Constitution against every machina- tion and danger, and to make it the best source of public happiness, by verifying its character of being the best safeguard of human rights, November 28, 1794. reply of the president. Gentlemen; I anticipated with confidence the concurrence of the House of Representatives in the regret produced by the insurrection. Every effort ought to be used to discountenance what has contributed to M P— vol, 1—7 i])roaehes to such a situation of thini;s shoukl he cheeked by the vii^ilant and duly admonished patri- otism of our fellow-citizens than that the evil should increase until it l)eci>mes necess;iry to crush it by the strens^th of their arm. I am happy that the part which I have myself borne on this occasior receives the approbation of your House. For the discharge of a consti- tutional duty it is a suflRicient reward to me to be assured that you will unite in consummating what remains to be done. I feel also great satisfaction in learning that the other subjects which I have connnunicated or reconnnended will meet with due attention ; that you are deeply impressed with the importance of an effectual orgau- izatioii of the militia, and that the advance and success of the army under the command of General Waj^ne is regarded by j'ou, no less than mj-self, as a proof of the perseverance, prowess, and superiority of our troops. GP WASHINGTON. November 29, 1794. SPECIAL MESSAGES. United States, N'ovejnber 21, 1794.. Gentlemen of the Senate and of the House of Represeiitatives: I lay before Congress copies of a letter from the governor of the State of New York and of the exemplification of an act of the legislature thereof ratifying the amendment of the Constitution of the United States proposed by the Senate and House of Representatives at their last session, respecting the judicial power. GO WASHINGTON. United States, November 21, 1794. Gentlemen of the Senate: In the negotiation between the United States and His Catholic Majesty I have received satisfactory proofs of attention and ability exerted in behalf of the United States to bring it to a happj^ and speedy issue. But it is probable that by complying with an intimation made to the Secretary of State by the commissioners of His Catholic Majesty much further delay in concluding it may be prevented. Notwithstanding, therefore, I retain full confidence in our minister resident at Madrid, who is charged with powers as commissioner plenipotentiary^ I nominate Thomas Pinckney to be envoy extraordinary of the United States to George Washington 165 Ills Catholic Majesty, for the purpose of negotiating of and concerning the navigation of the river Mississippi, and such other matters relative to the confines of their territories, and the intercourse to be had thereon, as the nnitual interests and general harmony of neighboring and friendly nations require should be precisely adjusted and regulated, and of and concerning the general commerce between the United States and the kingdoms and dominions of his said Catholic Majest3\ It is believed that by his temporary absence from London in the dis- charge of these new functions no injury will arise to the United States, I also nominate : John Miller Russell, of Massachusetts, to be consul of the United States of America for the port of St. Petersburg, in Russia, and for such other places as shall be nearer to the said port than to the residence of any other consul or vice-consul of the United States within the same alle- giance ; Joseph Pitcairn, of New York, to be vice-consul of the United States of America at Paris, vice Alexander Duvernet, superseded ; and Nathaniel Brush, of Vermont, to be super^asor for the United States in the district of Vermont, \'ice Noah Smith, who has resigned. G9 WASHINGTON. United States, November 2^, 1794.. Gentle77ien of the Senate and of the House of Representatives: I lay before you a statement of the troops in the service of the United States, which has been submitted to me by the Secretary of War. It will rest with Congress to consider and determine whether further induce- ments shall be held out for entering into the mihtar>^ ser\dce of the United States in order to complete the estabhshment authorized by law. GO WASHINGTON. United States, December ly, 1794.. Getitlemen of the Senate and of the House of Representatives: I lay before Congress copies of the journal of the proceedings of the executive department of the government of the United States south of the river Ohio to the ist of September, 1794. GO WASHINGTON. United States, December jo, 1794., Gentlemen of the Senate and of the House of Representatives: I lay before yon a report, made to me by the Secretary of War, respect- ing the frontiers of the United States. The disorders and the great expenses which incessantly arise upon the frontiers are of a nature and *^agnitude to excite the most serious considerations. i(,() Aft'ssai^-rs and Papers of the Presidents I feci a coufideuce that Congress will devise such constitutional and efficient measures as shall be equal to the great objects of preserving our treaties with the Indian tribes and of affording an adequate protection to our frontiers. G9 WASHINGTON Unitrd States, January 2, 1795. Gentlemen of the Senate: A spirit of discontent, from several causes, arose in the early part of the present year among the Six Nations of Indians, and particularly on the ground of a projected settlement by Pennsylvania, at Presque Isle, upon Lake Erie. The papers upon this point have already been laid before Congress. It was deemed proper on my part to endeavor to tranquillize the Indians by pacific measures. Accordingly a time and place was appointed at which a free conference should be had upon all the causes of discontent, and an agent was appointed with the instruc- tions of which No. I, herewith transmitted, is a copy. A numerous assembly of Indians was held in Canandaigua, in the State of New York the proceedings whereof accompany this message, marked No. 2. The two treaties, the one wdth the Six Nations and the other with the Oneida, Tuscorora, and Stockbridge Indians dwelling in the country of the Oneidas, which have resulted from the mission of the agent, are herewith laid before the Senate for their consideration and advice. The original engagement of the United States to the Oneidas is also sent herewith, GO WASHINGTON. United States, January s, 1795. Gentlemen of the Senate and of the House of Representatives: I lay before Congress copies of acts passed by the legislatures of the States of Vermont, Massachusetts, and New York, ratifying the amend- ment proposed by the Senate and House of Representatives at their last session to the Constitution of the United States respecting the judicial power thereof. The minister of the French Republic having communicated to the Secretary of State certain proceedings of the committee of public safety respecting weights and measures, I lay these also before Congress. The letter from the governor of the Western territory, copies of which are now tran.smitted, refers to a defect in the judicial system of that territor>' deserving the attention of Congress. The necessary absence of the judge of the district of Pennsylvania upon business connected with the late insurrection is stated by him in George Washington 167 a letter of which T forward copies to have produced certain interrup- tions in the judicial proceedings of that district which can not be removed without the iuterpositiou of Congress. GO WASHINGTON. United States, February 4., 1795. Gentlemen of the Senate and of the Ho2ise of Represe^itatives: I lay before Congress, for their consideration, a letter from the Secre- tary of State upon the subject of a loan which is extremely interesting and urgent. G9 WASHINGTON. United States, February ij, 1795. Gentlemen of the Senate and of the House of Representatives: I transmit to Congress copies of a letter from the governor of the State of New Hampshire and of an act of the legislature thereof ' ' rati- fying the article proposed in amendment to the Constitution of the United States respecting the judicial power." I also lay before Congress copies of a letter from the governor of the State of North Carolina and of an act of the legislature thereof ceding to the United States certain lands upon the conditions therein mentioned. GO WASHINGTON. United States, February 17, 1795. Gentlemen of the Senate and of the House of Represe^itatives: I have received copies of two acts of the legislature of Georgia, one passed on the 28th day of December and the other on the 7th day of Januar}'- last, for appropriating and selling the Indian lands within the territorial limits claimed by that State. These copies, though not oflS- cially certified, have been transmitted to me in such a manner as to leave no room to doubt their authenticity. These acts embrace an object of such magnitude, and in their consequences may so deeply affect the peace and welfare of the United States, that I have thought it necessary now to lay them before Congress. In cojifidence, I also forward copies of several documents and papers received from the governor of the Southwestern territory. By these it seems that hostilities with the Cherokees have ceased, and that there is a pleasing prospect of a permanent peace with that nation ; but from all the communications of the governor it appears that the Creeks, in small parties, continue their depredations, and it is uncertain to what they may finally lead. The several papers now communicated deserve the immediate attention of Congress, who will consider how far the subjects of them may require their cooperation. G9 WASHINGTON. luS Afrsseii^rs and Pnfx'rs of the Presidents I'NiTKl* v^TATKS, I-'cbniarv ^j^ , 1795- Gentlemen of the Senate and of ttie J louse of Representatives: I communicate to Congress copies of a letter from the governor of the State of Georgia and of an act of the legislature thereof "to ratify the resolution of Congress explanatory of the judicial power of the United States. ' ' 09 WASHINGTON. United States, February 2S, 1795. Gentlemen of the Senate and of the House of Representatives: In my first communication to Congress during their present session I ga\-e them reason to expect that ' ' certain circumstances of our intercourse with foreign nations ' ' would be transmitted to them. There was at that time every assurance for believing that some of the most important of our foreign affairs would have been concluded and others considerably matured before they should rise. But notwithstanding I have waited until this moment, it has so happened that, either from causes unknown to me or from events which could not be controlled, I am yet unable to execute my original intention. That I may, however, fulfill the expecta- tion given as far as the actual situation of things will in my judgment permit, I now, in eoiijidence, lay before Congress the following general statement: Our minister near the French Republic has urged compensation for the injuries which our commerce has sustained from captures by French cruisers, from the nonfulfillment of the contracts of the agents of that RepubHcwith our citizens, and from the embargo at Bordeaux. He has also pressed an allowance for the mone}^ voted by Congress for relieving the inhabitants of St. Domingo. It affords me the highest pleasure to inform Congress that perfect harmony reigns between the two Republics, and that those claims are in a train of being discussed with candor and of being amicably adjusted. So much of our relation to Great Britain may depend upon the result of our late negotiations in London that until that result shall arrive I can not undertake to make any communication upon this subject. After the negotiation with Spain had been long depending unusual and unexpected embarrassments were raised to interrupt its progress. But the commissioner of His Catholic Majesty near the United States having declared to the Secretary of State that if a particular accommoda- tion should be made in the conducting of the business no further delay would ensue, I thought proper, under all circumstances, to send to His Catholic Majesty an envoy extraordinary specially charged to bring to a conclusion the discussions which have been formerly announced to Congress. The friendship of Her Most Faithful Majesty has been often manifested George Washington i*^9 In checking the passage of the Algerine corsairs into the Atlantic Ocean. She has also furnished occasional convoys to the vessels of the United States, even when bound to other ports than her own. We may there- fore promise ourselves that, as in the ordinary course of things few causes can exist for dissatisfaction between the United States and Portu- gal, so the temper with which accidental difficulties will be met on each side will speedily remove them. Between the Executive of the United States and the Government of the United Netherlands but little intercourse has taken place during the last year. It may be acceptable to Congress to learn that our credit in Holland is represented as standing upon the most respectable footing. Upon the death of the late Emperor of Morocco an agent was dis- patched to renew with his successor the treaty which the United State? had made with him. The agent, unfortunately, died after he had reached Europe in the prosecution of his mission. But until latel)'' it was impossi- ble to determine with any degree of probability who of the competitors for that Empire would be ultimately fixed in the supreme power. Although the measures which have been since adopted for the renewal of the treaty have been obstructed by the disturbed situation of Amsterdam, there are good grounds for presuming as yet upon the pacific disposition of the Emperor, in fact, toward the United States, and that the past miscarriage will be shortly remedied. Congress are already acquainted with the failure of the loan attempted in Holland for the relief of our unhappy fellow-citizens in Algiers. This subject, than which none deserves a more affectionate zeal, has constantly commanded my best exertions. I am happy, therefore, in being able to say that from the last authentic accounts the Dey was disposed to treat for a peace and ransom, and that both would in all probability have been accomplished had we not been disappointed in the means. Nothing which depends upon the Executive shall be left undone for carrying into immediate effect the supplementary act of Congress. G9 WASHINGTON. United States, March 2, 1795. Gentlemen of the Senate and of the House of Representatives: It appears from the information which I have lately received that it may be probably necessary to the more successful conduct of our affairs on the coast of Barbary that one consul should reside in Morocco, another in Algiers, and a third in Tunis or Tripoli. As no appointment for these offices will be accepted without some emolument annexed, I submit to the consideration of Congress whether it may not be advisable to authorize a stipend to be allowed to two consuls for that coast in addition to the one already existing. 09 WASHINGTON. i/*^' Messdi^rs and Paptrs of (he Prcsiiicnts Unitkd States, March 2, 1795. Gcnllcfncn of the Scualc and of the House of Representatives: I transmit to ycni ci)]nos of a letter fro mi the governor of the State of Delaware and of an act inclosed " declariuv; the assent of that vState to an ameudmeut thcreiu mentioned to the Cons'.itutiou of the United States. ' G9 WASHINGTON. Unitkd Statks, June S, 1795. -^ Gentleynen of the Senate: In pursuance of my nomination of John Jay as envoy extraordinary to His Britannic Majesty on the 16th day of April, 1794, and of the advice and consent of the Senate thereto on the 19th, a negotiation was opened in London. On the 7th of March, 1795, the treaty resulting therefrom was delivered to the Secretary of State. I now transmit to the Senate that treaty and other documents connected with it. They will, therefore, in their wisdom decide whether they will advise and consent that the said treaty be made between the United States and His Britannic Majesty. GO WASHINGTON. United States, /««t" that ixrniption, the jrrcat •legree of internal lranc|nilht\' we ha\e enjoyed, the recent confnination of that tranquilUty by the snppressivMi of an insurrection which so wan- tonly threatened it, the hapi>y conrsL of onr public affairs in general, the unexampled prosperity i)f all classes of our citizens, are circumstances which pcxniliarly mark our situation wnth indications of the Divine beneficence toward us. In such a state of things it is in an especial manner our duty as a people, with devout reverence and affectionate gratitude, to acknowledge our many and great obligations to Almighty God and to implore Him to continue and confirm the blessings we experience. Deeply penetrated with this sentiment, I, George Washington, Presi- dent of the United States, do recommend to all religious societies and denominations, and to all persons whomsoever, within the United States to set apart and obser\'e Thursday, the 19th day of February next, as a day of public thanksgiving and prayer, and on that day to meet together and render their sincere and hearty thanks to the Great Ruler of Nations for the manifold and signal mercies which distinguish our lot as a nation, particularly for the possession of constitutions of govern- ment which unite and by their union establish liberty with order; for the preser\^ation of our peace, foreign and domestic; for the seasonable control which has been given to a spirit of disorder in the suppression of the late insurrection, and generally, for the prosperous course of our affairs, public and private; and at the same time humbly and fervently to beseech the kind Author of these blessings graciously to prolong them to us; to imprint on our hearts a deep and solemn sense of our obliga- tions to Him for them; to teach us rightly to estimate their immense value; to preserve us from the arrogance of prosperity , and from hazard- ing the advantages we enjoy by delusive pursuits; to dispose us to merit the continuance of His favors by not abusing them; by our gratitude for them, and by a correspondent conduct as citizens and men; to render this country more and more a safe and propitious asylum for the unfortu- nate of other countries; to extend among us true and useful knowledge; to diffuse and establish habits of sobriety, order, morality, and piety, and finally, to impart all the blessings we possess, or ask for ourselves, to the whole family of mankind. lu testimony whereof I have caused the seal of the United States of America to be aflSxed to these presents, and signed the same with my hand. [seal.] Done at the city of Philadelphia, the ist day of January 1795, and of the Independence of the United States of Americ6 the nineteenth. G9 WASHINGTON. By the President: £dm: Randoi«PH. George Washington > i73 [From Sparks's Washington, Vol. XII, p. 134.J PROCLAMATION. /I Whereas the commissioners appointed by the President of the United States to confer with tlie citizens in tlie western counties of Pennsyh'ania during the late insurrection which prevailed therein, by their act and agreement bearing date the 2d day of September last, in pursuance of the powers in them vested, did promise and engage that, if assurances of submission to the laws of the United States should be bona fide given by the citizens resident in the fourth survey of Pennsylvania, in the manner and within the time in the said act and agreement specified, a general pardon should be granted on the lotli day of July then next ensuing of all treasons and other indictable offenses against the United States committed within the said survey before the 2 2d day of August last, excluding therefrom, nevertheless, every person w4io should refuse or neglect to subscribe such assurance and engagement in manner afore- said, or who should after such subscription violate the same, or willfully obstruct or attempt to obstruct the execution of the acts for raising a revenue on distilled spirits and stills, or be aiding or abetting therein; and Whereas I have since thought proper to extend the said pardon to all persons guilty of the said treasons, misprisions of treasons, or other- wise concerned in the late insurrection w'ithin the sur\'ey aforesaid who have not since been indicted or convicted thereof, or of any other offense against the United States: Therefore be it known that I, George Washington, President of the said United States, have granted, and by these presents do grant, a full, free, and entire pardon to all persons (excepting as is hereinafter excepted) of all treasons, misprisions of treason, and other indictable offenses against the United States committed within the fourth sun^ey of Pennsylvania before the said 2 2d day of August last past, excepting and excluding therefrom, nevertheless, every person who refused or neglected to give and subscribe the said assurances in the manner afore- said (or having subscribed hath violated the same) and now standeth indicted or convicted of any treason, misprision of treason, or other offense against the said United States, hereb}' remitting and releasing unto all persons, except as before excepted, all penalties incurred, or sup- posed to be incurred, for or on account of the premises. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed, this loth day of July, [seal.] a. D. 1795, and the twentieth year of the Independence of the said United States. G9 WASHINGTON. 174 Messages and Papers of the Presidents SEVENTH ANNUAL ADDRESS. United States, Decembers, 1793. Fello7v-Cifi=rns of the Sctiafe and of the House of Representatives: I trust I do uot deceive myself when I indulge the persuasion that I have never met you at any period when more than at the present the situation of our public affairs has afforded just cause for mutual congrat- ulation, and for inviting you to join with me in profound gratitude to the Author of all Good for the numerous and extraordinary blessings we enjoy. The termination of the long, expensive, and distressing war in which U'e have been engaged with certain Indians northwest of the Ohio is placed in the option of the United States by a treaty which the com- mander of our army has concluded provisionally with the hostile tribes in that region. In the adjustment of the terms the satisfaction of the Indians was deemed an object worth)' no less of the policy than of the liberality of the United States as the necessary basis of durable tranquillity. The object, it is beUeved, has been fully attained. The articles agreed upon will immediatel)^ be laid before the Senate for their consideration. The Creek and Cherokee Indians, who alone of the Southern tribes had annoyed our frontiers, have lately confirmed their preexisting trea- ties with us, and were gi\nng evidence of a sincere disposition to carry them into effect by the surrender of the prisoners and property they had taken. But we have to lament that the fair prospect in this quarter has been once more clouded by wanton murders, which some citizens of Georgia are represented to have recently perpetrated on hunting parties of the Creeks, which have again subjected that frontier to disquietude and danger, which will be productive of further expense, and may occa- sion more effusion of blood. Measures are pursuing to prevent or miti- gate the usual consequences of such outrages, and with the hope of their succeeding at least to avert general hostility. A letter from the Emperor of Morocco announces to me his recognition of our treaty made with his father, the late Emperor, and consequently the continuance of peace with that power. With peculiar satisfaction I add that information has been received from an agent deputed on our part to Algiers importing that the terms of the treaty with the Dey and Regency of that country had been adjusted in such a manner as to authorize the expectation of a speed}^ peace and the restoration of our unfortunate fellow-citizens from a grievous captivity. The latest advices from our envoy at the Court of Madrid give, more- over, the pleasing information that he had received assurances of a speedy and satisfactory conclusion of his negotiation. While the event depend- George tVashington i75 in^ upon unadjusted j^nrliculars can not be regarded as ascertained, it is agreeable to cherish the expectation of an issue which, securing amicably very essential interests of the United States, will at the same time lay the foundation of lasting harmony with a power whose friendship we have uniformly and sincerely desired to cultivate. Though not before officially disclosed to the House of Representatives, you, gentlemen, are all appri.sed that a treaty of amity, commerce, and navigation has been negotiated with Great Britain, and that the Senate have advised and consented to its ratification upon a condition which excepts part of one article. Agreeably thereto, and to the best judgment I was able to form of the public interest after full and mature delibera- tion, I have added my sanction. The result on the part of His Britannic Majesty is unknown. When received, the subject will without delay be placed before Congress. This interesting summary of our affairs with regard to the foreign powers between whom and the United States controversies have sub- sisted, and with regard also to those of our Indian neighbors with whom we have been in a state of enmity or misunderstanding, opens a wide field for consoling and gratifying reflections. If by prudence and mod- eration on every side the extinguishment of all the causes of external discord which have heretofore menaced our tranquillity, on terms com- patible with our national rights and honor, shall be the happy result, how firm and how precious a foundation will have been laid for acceler- ating, maturing, and establishing the prosperity of our country. Contemplating the internal situation as well as the external relations of the United States, we discover equal cause for contentment and satis- faction. While many of the nations of Europe, with their American dependencies, have been involved in a contest unusually bloody, exhaust- ing, and calamitous, in which the evils of foreign war have been aggra- vated by domestic convulsion and insurrection; in which many of the arts most useful to society have been exposed to discouragement and decay; in which scarcity of subsistence has imbittered other sufferings; while even the anticipations of a return of the blessings of peace and repose are alloyed by the sense of hea\^ and accumulating burthens, which press upon all the departments of industry and threaten to clog the future springs of government, our favored country, happy in a striking contrast, has enjoyed general tranquillity — a tranquillity the rriore sat- isfactory because maintained at the expense of no duty. Faithful to ourselves, we have violated no obligation to others. Our agriculture, commerce, and manufactures prosper beyond former example, the moles- tations of our trade (to prevent a continuance of which, however, very pointed remonstrances have been made) being overbalanced by the aggre- gate benefits which it derives from a neutral position. Our population advances with a celerity which, exceeding the most sanguine calculations, proportionally augments our strength and resources, and guarantees our 17" Messages and Papers of the Presidents future security. Every part of the Union displays indications of rapid ami various improvement; and with burthens so light as scarcely to be j^erceived. with resources fully adequate to our present exigencies, with governments founded on the genuine principles of rational liberty, and with mild and wholesome laws, is it too much to say that our country exhibits a sj->ectacle of national happiness never surpassed, if ever before equaled ? Placed in a situation ever^' way so auspicious, motives of commanding force impel us, with sincere acknowledgment to Heaven and pure love to our country-, *-^ unite our efforts to preser\-e, prolong, and improve our immense advantages. To cooperate with you in this desirable work is a fervent and favorite wish of my heart. It is a valuable ingredient in the general estimate of our w^elfare that the part of our country which was lately the scene of disorder and instur- rection now enjoys the blessings of quiet and order. The misled have abandoned their errors, and pay the respect to our Constitution and laws which is due from good citizens to the public authorities of the society. These circumstances have induced me to pardon generally the offenders here referred to, and to extend forgiveness to those who had been adjudged to capital punishment. For though I shall always think it a sacred duty to exercise with firmness and energy the constitutional powers with which I am vested, yet it appears to me no less consistent with the public good than it is with my personal feelings to mingle in the operations of Gov- ernment every degree of moderation and tenderness which the national justice, dignity, and safety may permit. Gentlemen: Among the objects which will claim your attention in the course of the session, a review of our military establishment is not the least important. It is called for by the events which have changed, and may be expected still further to change, the relative situation of our fron- tiers. In this review you will doubtless allow due weight to the consid- erations that the questions between us and certain foreign powers are not yet finally adjusted, that the war in Eiurope is not yet terminated, and that our Western posts, when recovered, will demand provision for garrisoning and securing them. A statement of our present military force wall be laid before you by the Department of War. With the re\'iew of our Army establishment is naturally connected that of the militia. It wnll merit inquiry what imperfections 'n the existing plan further experience may have unfolded. The subject is of so much moment in my estimation as to excite a constant solicitude that the con- sideration of it may be renewed until the greatest attainable perfection shall be accomplished. Time is wearing away some advantages for forwarding the object, while none better deserves the persevering atten- tion of the public councils. While we indulge the satisfaction which the actual condition of our George Washington 177 Western borders so well authorizes, it is necessary that we should not lose sight of an important truth which continually receives new confirmations, namely, that the provisions heretofore made with a view to the protec- tion of the Indians from the violences of the lawless part of our frontier inhabitants are insufficient. It is demonstrated that these violences can now be perpetrated with impunity, and it can need no argument to prove that xniless the murdering of Indians can be restrained by bringing the murderers to condign punishment, all the exertions of the Government to prevent destructive retaliations by the Indians will prove fruitless and all our present agreeable prospects illusory. The frequent destruction of innocent women and children, who are chiefly the victims of retalia- tion, must continue to shock humanity, and an enormous expense to drain the Treasury of the Union. To enforce upon the Indians the observance of justice it is indispensable that there shall be competent means of rendering justice to them. If these means can be devised by the wisdom of Congress, and especially if there can be added an adequate provision for supplying the necessities of the Indians on reasonable terms (a measure the mention of which I the more readily repeat, as in all the conferences with them they urge it with soUcitude), I should not hesitate to entertain a strong hope of rendering our tranquillity permanent. I add with pleasure that the probability even of their civilization is not diminished by the experiments which have been thus far made under the auspices of Government. The accomplishment of this w^ork, if practicable, will reflect undecaying luster on our national character and administer the most grateful consolations that virtuous minds can know. Gentlemeyi of the House of Representatives: The state of our revenue, with the sums which have been borrowed and reimbursed pursuant to different acts of Congress, will be submitted from the proper Department, together with an estimate of the appropria- tions necessary to be made for the service of the ensuing year. Whether measures may not be advisable to reenforce the provision for the redemption of the public debt will naturally engage your examination. Congress have demonstrated their sense to be, and it were superfluous to repeat mine, that whatsoever will tend to accelerate the honorable extinction of our public debt accords as much with the true interest of our country as with the general sense of our constituents. Gentlemen of tJie Se7iate and of tJie House of Represeyitatives: The statements which will be laid before you relative to the Mint will shew the situation of that institution and the necessity of some further legislative provisions for carrying the business of it more completely into effect, and for checking abuses which appear to be arising in particular quarters, 17S Afessnj^es and Papers of the Presidents Tlio i)roKrcss w\ pro\nding materials for the frigates and in building^ thcni. the state of the fortifications of our harbors, the measures which ha\-e lH?en pursued for ol>taining proper sites ft)r arsenals and for replen- ishing; our magazines with military stores, and the steps which have been taken toward the execution of the law for opening a trade with the Indians will likewise be presented for the information of Congress. Temi^rate discussion of the important subjects which may arise in the course of the session and nuitual forbearance where there is a difference of opinion are too obvious and necessary for the peace, happiness, and welfare of our country to ueed any recommeudation of mine. G9 WASHINGTON. ADDRESS OF THE SENATE TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. Sir : It is with peculiar satisfaction that we are informed by your speech to the two Houses of Congress that the long and expensive war m which we have been engaged with the Indians northwest of the Ohio is in a situation to be finally terminated; and though we view with con- cern the danger of an interruption of the peace so recently confirmed with the Creeks, we indulge the hope that the measures that you have adopted to prevent the same, if followed by those legislative provisions that justice and humanity equally demand, will succeed in laying the foundation of a lasting peace with the Indian tribes on the Southern as well as on the Western frontiers. The confirmation of our treaty with Morocco, and the adjustment of a treaty of peace with Algiers, in consequence of which our captive fel- low-citizens shall be delivered from slavery, are events that will prove no less interesting to the public humanity than they will be important in extending and securing the navigation and commerce of our country. As a just and equitable conclusion of our depending negotiations with Spain will essentially advance the interest of both nations, and thereby cherish and confirm the good imderstanding and friendship which we h^ve at all times desired to maintain, it will afford us real pleasure to receive an early confirmation of our expectations on this subject. The interesting prospect of our affairs with regard to the foreign powers between whom and the United States controversies have sub- sisted is not more satisfactory than the review of our internal situation. If from the former we derive an expectation of the extinguishment of all the causes of external discord that have heretofore endangered our tranquillity, and on terms consistent with our national honor and safety, in the latter we discover those numerous and widespread tokens of prosperity which in so peculiar a manner distinguish our happy country. Circumstances thus every way auspicious demand our gratitude and sincere acimowledgmeuts to Almighty God, and require that ,ve should George Washington i79 unite onr efforts in imitation of your enlightened, firm, and persevering example to establish and preserve the peace, freedom, and prosperity of onr country. The objects which you have recommended to the notice of the Legisla- ture will in the course of the session receive our careful attention, and with a true zeal for the public welfare we shall cheerfully cooperate in every measure that shall appear to us best calculated to promote the same. JOHN ADAMS, Vice-President of the United States and President of the Senate. December ii, 1795. reply of the president. Gentlemen : With real pleasure I receive your address, recognizing the prosperous situation of our public affairs, and giving assurances of your careful attention to the objects demanding legislative considera- tion, and that with a true zeal for the public welfare you will cheerfully cooperate in every measure which shall appear to you best calculated to promote the same. But I derive pecuhar satisfaction from your concurrence with me in the expressions of gratitude to Almighty God, which a review of the auspi- cious circumstances that distinguish our happy country have excited, and I trust the sincerity of our acknowledgments will be evinced by a union of efforts to estabUsh and preserve its peace, freedom, and prosperity. G9 WASHINGTON. December 12, 1795. address of the house of representatives to george washington, president of the united states. The President of the United States. Sir: As the Representatives of the people of the United States, we can not but participate in the strongest sensibility to every blessing which they enjoy, and cheerfully join with you in profound gratitude to the Author of all Good for the numerous and extraordinary blessings which He has conferred on our favored country. A final and formal termination of the distressing war which has rav- aged our Northwestern frontier will be an event which must afford a satisfaction proportionate to the anxiety with which it has long been sought, and in the adjustment of the terms we perceive the true policy of making them satisfactory to the Indians as well as to the United States as the best basis of a durable tranquillity. The disposition of such of the Southern tribes as had also heretofore annoyed our frontier is another prospect in our situation so important to the interest and happiness of the United States that it is much to be lamented that any clouds shotild lixj Afrssaj^^e's and Papers of the Prcstdcnts he thn)\vii over it, more especially by excesses on the i)art of om own citizens. While our })opnlation is advancing with a celerit}' which exceeds the most s;uiguinc calculations; while every part of the United States displays indications of rapid and various improvement; while we are in the enjoy ment of protection and security by mild and wholesome laws, admin- istered by govennnents founded on the genuine principles of rational liberty, a secure foundation will be laid for accelerating, maturing, and establishing the prosperitj- of our country if, by treaty and amicable negotiation, all those causes of external discord which heretofore men- aced our tranquillit}- shall be extinguished on terms compatible with our national rights and honor and with our Constitution and great commer- cial interests. Among the various circumstances in our internal situation none can be viewed with more satisfaction and exultation than that the late scene of disorder and insurrection has been completely restored to the enjoy- ment of order and repose. Such a triumph of reason and of law is worthy of the free Government under which it happened, and was justly to be hoped from the enlightened and patriotic spirit which pervades and actuates the people of the United States. In contemplating that spectacle of national happiness which our country exhibits, and of which you, sir, have been pleased to make an interesting summary, permit us to acknowledge and declare the very great share which 3our zealous and faithful services have contributed to it, and to express the affectionate attachment which we feel for your character. The several interesting subjects which you recommend to our consid- eration will receive every degree of attention which is due to them; and whilst we feel the obligation of temperance and mutual indulgence in all our discussions, we trust and pray that the result to the happiness and welfare of otu: country may correspond with the pure affection we bear to it. December i6, 1795. REPLY OF THE PRESIDENT. Gentlemen: Coming as you do from all parts of the United States, I receive great satisfaction from the concurrence of 5'our testimonj'^ in the justness of the interesting summary of our national happiness which, as the result of my inquiries, I presented to your view. The sentiments we have mutually expressed of profound gratitude to the soiurce of those numerous blessings, the Author of all Good, are pledges of our obhgations to unite our sincere and zealous endeavors, as the instruments of Divine Providence, to preserve and perpetuate them. Accept, gentlemen, my thanks for your declaration that to my agency you ascribe the enjoyment of a great share of these benefits. So far as my George Washington iSi services contribute to the happiness of my country, the acknowledgment thereof by my fellow-citizens and their affectionate attachment will ever prove an abundant reward. 09 WASHINGTON. Dkckmbkk 17, 1795- SPECIAL MESSAGES. United States, December p, lypS- Gentlemen of the Senate: I lay before you, for your consideration, a treaty of peace which has been negotiated by General Wayne, on behalf of the United States, with all the late hostile tribes of Indians northwest of the river Ohio, together with the instructions which were given to General Wayne and the pro- ceedings at the place of treaty. G9 WASHINGTON. United States, December 21, 1795. Gejitlemen of the Senate: Herewith I transmit, for your information and consideration, the origi- nal letter from the Emperor of Morocco, recognizing the treaty of peace and friendship between the United States and his father, the late Emperor, accompanied with a translation thereof, and various documents relating to the negotiation by which the recognition was effected. G9 WASHINGTON. United States, famiary 4, ryg6. Gentlemen of the Se7iate and of the House of Represe?itatives: A letter from the minister plenipotentiary of the French Republic, received on the 22d of the last month, covered an address, dated the 2ist of October, 1794, from the committee of public safety to the Repre- sentatives of the United States in Congress, and also informed me that he was instructed by the committee to present to the United States the colors of France. I thereupon proposed to receive them last Friday, the first day of the new 3'ear, a day of general joy and congratulation. On that day the minister of the French Republic delivered the colors, with an address, to which I returned an answer. By the latter Congress will see that I have informed the minister that the colors will be deposited with the archives of the United States. But it seemed to me proper previously to exhibit to the two Houses of Congress these iS: Messages and Papers of the Presidents evidences of the contitmeil friendship of the French RepnbUc, together with the sentiments expressed by nie on the occasion in behalf of the^ United States. They arc herewith communicated. GO WASHINGTON. United Statks, January S, 1796. Gentlemen of the Seriate and of the House of Representatives: I transmit to you a memorial of the commissioners appointed by virtue of an act entitled "An act for establishing the temporary and perma- nent seat of the Government of the United States," on the subject of the public buildings under their direction. Since locating a district for the permanent seat of the Government of the United States, as heretofore announced to both Houses of Congress, I have accepted the grants of money and of land stated in the memorial of the commissioners. I have directed the buildings therein mentioned to be commenced on plans which I deemed consistent with the liberality of the grants and proper for the purposes intended. I have not been inattentive to this important business intrusted by the Legislature to v^y care. I have viewed the resources placed in my hands, and observed the manner in which they have been applied. The progress is prett}^ fully detailed in the memorial from the commissioners, and one of them attends to give further information if required. In a case new and arduous, like the present, difl&culties might naturally be expected. Some have occurred, but they are in a great degree sur- mounted, and I have no doubt, if the remaining resources are properly cherished, so as to prevent the loss of property by hasty and numerous sales, that all the buildings required for the accommodation of the Gov- ernment of the United States may be completed in season without aid from the Federal Treasury. The subject is therefore recommended to the consideration of Congress, and the result will determine the measures which I shall cause to be pursued with respect to the property remaining unsold. GO WASHINGTON. United States, January 29, 1796. Gentlemen of the Senate and j/tlie House of Representatives: J I send herewith for ths information of Congress: First. An act of the legislature of the State of Rhode Island, ratifying an amendment to the Constitution of the United States to prevent suits in certain cases against a State. Second. An act of the State of North Carolina making the Hke rati- fication. Third. An act of the State of North Carolina, assenting to the purchase by the United States of a suf&cient quantity of land on Shell Castle George Washington 1S3 Island for the purpose of erecting a beacon thereon, and ceding the juris- diction thereof to the United States. Fourth. A copy from the journal of proceedings of the governor in his executive department of the territory of the United States northwest of the river Ohio from July i to December 31,1 794. Fifth. A copy from the records of the executive proceedings of the same governor from January i to June 30, 1795; and Sixth and seventh. A copy of the journal of the proceedings of the governor in his executive department of the territory of the United States south of the river Ohio from September i, 1794, to September i, 1795- Eighth. The acts of the first and second sessions of the general assembly of the same territory. G9 WASHINGTON. United States, January ^p, ly^S. Gentlemen of the Senate and of the House of Representatives: In pursuance of the authority vested in the President of the United States by an act of Congress passed the 3d of March last, to reduce the weights of the copper coin of the United States whenever he should think it for the benefit of the United States, provided that the reduction should not exceed 2 pennyweights in each cent, and in the like propor- tion in a half cent, I have caused the same to be reduced since the 27th of last December, to wit, i pennyweight and 16 grains in each cent, and in the like proportion in a half cent; and I have given notice thereof by proclamation. By the letter of the judges of the circuit court of the United States, held at Boston in June last, and the inclosed application of the under- keeper of the jail at that place, of which copies are herewith transmitted, Congress will perceive the necessity of making a suitable provision for the maintenance of prisoners committed to the jails of the several States under the authority of the United States. GO WASHINGTON. United States, February 2^ 1796. Gentlemen of the Senate and of the House of Representatives: I transmit herewith the copj^ of a letter, dated the 19th of December last, from Governor Blount to the Secretary of War, stating the avowed and daring designs of certain persons to take possession of the lands belonging to the Cherokees, and which the United States have by treaty solemnly guaranteed to that nation. The injustice of such intrusions and the mischievous consequences which must necessarily result there- from demand that effectual provision be made to prevent them. G9 WASHINGTON. 1S4 Messages and Papers of the Presidents United States, February 75, 1796. Gentlemen of the Senate: Herewith I tninsmit, for your consideration and advice, a treaty of peace and amity, concluded on the 5th day of last September by Joseph Donaldson, jr., on the part of the United States, with the Dey of Algiers, for himself, his Divan, and his subjects. The instructions and other necessary pai)ers relative to this negotia^' tiou are also scut herewith, for the information of the Senate. G9 WASHINGTON, United State.s, February 26^ ^796. Gentlemen of the Senate: I send herewith the treaty concluded on the 27th of October last between the United States and Spain by their respective pltuipoten- tiories. The comnuinications to the Senate referred to in my message of the i6th of December, 1793, contain the instructions to the comniissioners of the United States, Messrs. Carmichael and Short, and various details relative to the negotiations with Spain. Herewith I transmit copies of the documents authorizing Mr. Pinckuey, the envoy extraordinary from the United States to the Court of Spain, to conclude the negotiation agreeably to the original instructions above mentioned, and to adjust the claims of the United States for the spoliations committed by the armed vessels of His Catholic Majesty on the commerce of our citizens. The numerous papers exhibiting the progress of the negotiation under the conduct of Mr. Pinckney, being in the French and Spanish lan- guages, will be communicated to the Senate as soon as the translations which appear uecebijary shall be completed. 09 WASHINGTON. United StatEvS, March i, 1796. Gcfitlcmen of the Senate and of the House of Representatives: The treaty of amity, commerce, and navigation concluded between the United States of America and His Britannic Majesty having been duly ratified, and the ratifications ha\-ing been exchanged at London on the 28th day of October, 1795, I have directed the same to be pro- mulgated, and herewith trausmit a copy thereof for the information of Congress. G9 WASHINGTON. United States, March 8, 1796. Gentlemen of the Senate and of the House of Representatives: I send herewith, for the information of Congress, the treaty concludefj between the United States and the Dey and Regency of Algiers. G9 WASHINGTON. George Washington 185 Unitkd Statks, March 75, 1796. Gcntlcmcji of the Senate a/id of tJic House of Representatives: By the niuth section of the act entitled "An act to provide a naval armament" it is enacted "that if a peace shall take place between the United States and the Regency of Algiers, that no further proceedings be had luider this act." The peace which is here contemplated having taken place, it is incum- bent upon the Executive to suspend all orders respecting the building of the frigates, procuring materials for them, or preparing materials already obtained, which may be done without intrenching upon contracts or agree- ' ments made and entered into before this event. i But inasmuch as the lo.ss which the public would incur might be consid- I erable from dissipation of workmen, from certain works or operations j being suddenly dropped or left unfinished, and from the derangement I in the whole system consequent upon an immediate suspension of all I proceedings under it, I have therefore thought advisable, before taking I such a step, to submit the subject to the Senate and House of Representa- ; fives, that such measures may be adopted in the premises as may best ' comport with the public interest, I GP WASHINGTON. United States, Mxrch 2s, 1796. Gentlemen of the Senate and of the House of Represe7itatives: I send herewith, for your information, the translation of a letter from the minister plenipotentiary of the French Republic to the Secretary of State, announcing the peace made by the Republic with the Kings of Prussia and Spain, the Grand Duke of Tuscany, and the L,andgrave of Hesse Cassel, and that the republican constitution decreed by the National Convention had been accepted by the people of France and was in operation. I also send you a copy of the answer given by my direc- tion to this communication from the French minister. My sentiments therein expressed I am persuaded will harmonize with yours and with those of all my fellow-citizens. G9 WASHINGTON. I United States, March 2^, Tyg6. : Gentlemen of the House of Representatives: I send herewith a copy of the treaty of friendship, limits, and navi- gation, concluded on the 27th of October last, between the United : States and His Cathohc Majesty. This treaty has been ratified by me ; agreeably to the Constitution, and the ratification has been dispatched for ! Spain, where it will doubtless be immediately ratified by His Catholic ! Majesty. , Si ) Afrssao^rs and Pnprrs of thr Prcsidrnts This early oMUinunkMtion of the Itcaly with vSpain has become neces- s.iiy Ixxause it is stipulaUd in the third article that commissioners for running the binnular\- line lietween the territory of the United States and the Spanish eoliMiies of luist and West Florida shall meet at the Natchez Ix-'fore the expiration of six months from the ratification; and as that period will nndoubtedly arrive before the next meeting of Congress, the House vill see the necessity of making provision in their present session for the object here mentioned. It will also be necessary to pro\nde for the expense to be incurred in executing the twenty-first article of the treaty, to enable our fellow-citizens to obtain with as little delay as passible compensation for the losses they have sustained by the capture of their vessels and cargoes by the subjects of His CathoUc Majesty during the late war between France and Spain. Estimates of the moneys necessary to be provided for the purposes of this and several other treaties with foreign nations and the Indian tribes will be laid before you by the proper Department. G9 WASHINGTON. United States, March jo, 1796. To the House of Representatives of the United States: With the utmost attention I have considered 3^our resolution of the 24th instant, requesting me to lay before yotn House a copj^ of the instructions to the minister of the United States w^ho negotiated the treaty with the King of Great Britain, together with the correspondence and other docu- ments relative to that treaty, excepting such of the said papers as any existing negotiation may render improper to be disclosed. In deliberating upon this subject it was impossible for me to lose sight of the principle which some have avowed in its discussion, or to avoid extending my views to the consequences which must flow from the admission of that principle. I trust that no j)art of my conduct has ever indicated a disposition to withhold any information which the Constitution has enjoined upon the President as a duty to give, or which could be required of him by either House of Congress as a right; and with truth I affirm that it has been, as it will continue to be while I have the honor to preside in the Gov- ernment, my constant endeavor to harmonize wdth the other branches thereof so far as the trust delegated to me by the people of the United States and my sense of the obligation it imposes to "preserv^e, protect, and defend the Constitution ' ' will permit. The nature of foreign negotiations requires caution, and their success must often depend on secrecy; and even w^hen brought to a conclusion a full disclosure of all the measures, demands, or eventual concessions which may have been proposed or contemplated would be extremely impoUtic; for this might have a pernicious influence on future negotia- George Washington 187 tioiis, or produce immediate inconveniences, perhaps danger and mischief, in relation to other i)owers. The necessity of such caution and secrecy was one cogent reason for vesting the power of making treaties in the President, with the advice and consent of the Senate, the principle on which that body was formed confining it to a small numljer of members. To admit, then, a right in the House of Representatives to demand and to have as a matter of course all the papers respecting a negotiation with a foreign power would be to establish a dangerous precedent. It does not occur that the inspection of the papers asked for can be relative to any purpose under the cognizance of the House of Repre- sentatives, except that of an impeachment, which the resolution has not expressed. I repeat that I have no disposition to withhold any infor- mation which the duty of my station will permit or the public good shall require to be disclosed; and, in fact, all the papers affecting the negotiation with Great Britain were laid before the Senate when the treaty itself was communicated for their consideration and advice. The course which the debate has taken on the resolution of the House leads to some observations on the mode of making treaties under the Constitution of the United States. Having been a member of the General Convention, and knowing the principles on which the Constitution was formed, I have ever entertained but one opinion on this subject; and from the first establishment of the Government to this moment my conduct has exemplified that opinion — that the power of making treaties is exclusively vested in the President, by and with the advice and consent of the Senate, provided two-thirds of the Senators present concur; and that every treaty so made and promul- gated thenceforward became the law of the land. It is thus that the treaty-making power has been understood by foreign nations, and in all the treaties made with them xve have declared and they have believed that, when ratified by the President, wdth the advice and consent of the Senate, they became obligatory. In this construction of the Constitution every House of Representatives has heretofore acquiesced, and until the pres- ent time not a doubt or suspicion has appeared, to my knowledge, that this construction was not the true one. Naj^, the^' have more than acqui- esced; for till now, without controverting the obligation of such treaties, they have made all the requisite provisions for carrying them into effect. There is also reason to believe that this construction agrees with the opinions entertained by the State conventions when they were deliber- ating on the Constitution, especially by those who objected to it becaus* there was not required in commercial treaties the consent of two-thirdi of the whole number of the members of the Senate instead of two-thirds of the Senators present, and because in treaties respecting territorial and certain other rights and claims the concurrence of three-fourths of the whole number of the members of both HoUvSes, respectively, was not made necessary. iSS Mfssagcs a fid Papers of the Presidents It is a fact acclared b}- the General Convention and universally under- stootl that the Constitution of the United States was the result of a spirit of amity ami nuitual concession; and it is well known that under this influence the smaller States were admitted to an equal representation in the Senate with the larger States, and that this branch of the Govern- ment was invested with great powers, for on the equal participation of those ixiwcrs the sovereignty and pohtical safety of the smaller States were deemed essentially to depend. If other proofs than these and the plain letter of the Constitution itself be necessary to ascertain the point urlder consideration, they may be found in the journals of the General Convention, which I have deposited in the office of the Department of State. In those journals it will appear that a proposition was made "that no treaty should be binding on the United States which was not ratified by a law," and that the proposition was explicitly rejected. As, therefore, it is perfectly clear to my understanding that the assent of the House of Representatives is not necessary to the validity of a treaty; as the treaty with Great Britain exhibits in itself all the objects requiring legislative provision, and on these the papers called for can throw no light, and as it is essential to the due administration of the Government that the boundaries fixed by the Constitution between the different departments should be preserved, a just regard to the Consti- tution and to the duty of my ofi&ce, under all the circumstances of this case, forbids a compHance with your request, GO WASHINGTON. United States, March ji, iyg6. Gentlemen of the Senate: The treaty of amity, commerce, and navigation between the United States and Great Britain requiring that commissioners should be appointed to fix certain boundaries between the territories of the contracting par- ties, and to ascertain the losses and damages represented to have been sustained by their respective citizens and subjects, as set forth in the fifth, sixth, and seventh articles of the treaty, in order to carry those articles into execution I nominate as commissioners on the part of the United States: For the purpose mentioned in the fifth article, Henry Knox, of Massa- chusetts; For the purpose mentioned in the sixth article, Thomas Fitzsimons, of Pennsylvania, and James Innes, of Virginia; and For the purposes mentioned in the seventh article, Christopher Gore, of Massachusetts, and WiUiam Pinckney, of Maryland. G9 WASHINGTON. George Washington iS'i Unitku States, April h^ lyt/i. Genlh'nioi of Ihc Senalc and of Ihc House of Ki'pn'sentatiz'ts: By an act of Congress passed on the 26th of May, 1790, it was declared that the inlial)itants of the territory of the United States south of the river Ohio should enjoy all the privileges, benefits, and advantages set forth in the ordinance of Congress for the government of the territory of the United States northwest of the river Ohio, and that the government of the said territory south of the Ohio should Ix; similar to that which was then exercised in the territory northwest of the Ohio, except so far as was other^vise provided in the conditions expressed in an act of Con- gi-ess passed the 2d of April, 1790, entitled "An act to accept a cession of the claims of the State of North Carolina to a certain district of western territory." Among the privileges, benefits, and advantages thus secured to the inhabitants of the territory south of the river Ohio appear to "be the right of forming a i)ermanent constitution and State government, and of admis- sion as a State, by its Delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatever, when it should have therein 60.000 free inhabitants; provided the con- stitution and government so to be formed should be republican, and in conformity to the principles contained in the articles of the said ordinance. As proofs of the several requisites to entitle the territory south of the river Ohio to l)e admitted as a State into the Union, Governor Blount has transmitted a return of the enumeration of its inhabitants and a printed copy of the constitution and form of government on which they have agreed, which, with his letters accompanying the same, are here- with laid before Congress. G9 WASHINGTON. UxiTED States, April 28, 1796. Gentlemeyi of the Senate and of the House of Represeyitatives: Herewith I lay before you a letter from the Attorney-General of the United States, relative to compensation to the attorneys of the United States in the several districts, which is recommended to your consider- ation. GO WASHINGTON. United States, May 2, 1796. Ge^ttlemen of the Senate: Some time last year Jeremiah Wadsworth was authorized to hold a treaty with the Cohnaw^aga Indians, styling themselves the Seven Nations of Canada, to enable the State of New York to extinguish, by purchase, a claim which the said Indians had set up to a parcel of land \y\ng within that State. The negotiation having issued without effecting its object, t^*^ Afe'ssaj^f'S ami Pcj^rrs o/fJir Prrsidents antrar of Nrw York h;ivinv; txsK-tl a renewal of the nctrotintion, atul tho IiuUaiis having eomo forward with an appHcatioii on the same subject. I now nominate Jeremiah Wadsvvorth to be a commissioner to hoUl a treaty with the Cohnawaga IiuHans, styHno^ themselves the Seven Nations of Canada, for the puri)ose of enabling the State of New York to extinguish the aforesaid claim. GO WASHINGTON. United States, May 5, 1796. GmtUtnrn of the Srnate: I lay lx?fore you, for your consideration and advice, an explanatory article proposed to be added to the treaty of amity, commerce, and navi- Katit>n lx.'tween the United States and Great Britain, together with a copy of the full power to the Secretary of State to negotiate the same. GO WASHINGTON. United States, May 25, 1796. Gmilevien of the Smate and of the House of Representatives: The measures now in operation for taking possession of the posts of Detroit and Michilimackinac render it proper that provision should be made for extending to these places and any others alike circumstanced the ci\-il authority of the Northwestern Territory\ To do this will require an expense to defray which the ordinary salaries of the governor and secretary of that Territory appear to be incompetent. The forming of a new county, or new counties, and the appointment of the various ofiScers, which the just exercise of government must require, will oblige the governor and secretary to visit those places, and to spend considerable time in making the arrangements necessary for introducing and establi.shing the Government of the United States. Congress will consider what provision will in this case be proper. GO WASHINGTON. United States, May 28, 1796. Gentlemen of the Senate and of the Hotise of Representative s: The extraordinary expenses to be incurred in the present year in sup- porting our foreign intercourse I find will require a provision beyond the ordinary appropriation and the additional $20,000 already granted. I have directed an estimate to be made, which is sent herewith, and will exhibit the deficiency for which an appropriation appears to be necessary. G9 WASHINGTON. George Washington ^9^ EIGHTH ANNUAL ADDRESS. United States, December 7, 17^6. Fellow- Citizens 0/ the Senate and of the House of Representatives: lu recurring to the internal situation of our country since I had last the pleasure to address you, I find ample reason for a renewed expression of that gratitude to the Ruler of the Universe which a continued series of prosperity has so often and so justly called forth. The acts of the last session which required special arrangements have been as far as circumstances would admit carried into operation. Measures calculated to insure a continuance of the friendship of the Indians and to presence peace along the extent of our interior frontier have been digested and adopted. In the framing of these care has been taken to guard on the one hand our advanced settlements from the preda- tory incursions of those unruly individuals who can not be restrained by their tribes, and on the other hand to protect the rights secured to the Indians by treaty — to draw them nearer to the civilized state and inspire them with correct conceptions of the power as well as justice of the Government. The meeting of the deputies from the Creek Nation at Colerain, in the State of Georgia, which had for a principal object the purchase of a par- cel of their land by that State, broke up without its being accomplished, the nation having previous to their departure instructed them against making any sale. The occasion, however, has been improved to confirm by a new treaty with the Creeks their preexisting engagements with the United States, and to obtain their consent to the establishment of trading houses and military posts within their boundar}-, by means of which their friendship and the general peace may be more effectually secured. The period during the late session at which the appropriation was passed for carrying into effect the treaty of amity, commerce, and naviga- tion between the United States and His Britannic Majesty necessarily pro- crastinated the reception of the posts stipulated to be delivered beyond the date assigned for that event. As soon, however, as the Governor- General of Canada could be addressed with propriety on the subject, arrangements were cordially and promptly concluded for their evacuation, and the United States took possession of the principal of them, comprehending Oswego, Niagara, Detroit, Michilimackinac, and Fort Miami, where such repairs and additions have been ordered to be made as appeared indispensable. The commissioners appointed on the part of the United States and of Great Britain to determine which is the river St. Croix mentioned in the treaty of peace of 1783, agreed in the choice of Egbert Benson, esq., of New York, for the third commissioner. The whole met at St. Andrews, •« Passamaquoddy Bay, in the beginning of October, and directed surveys UJ3 Mt'ssnj^i's and Papers of the Presidents to Iv made of the rivers in dispute; but deoniiug it impracticable to have these sun-e-s coiupleted i)efore the next year, they adjourned to meet at Ikxston in Augiist. 1797. for the final decision of the question. Other eiMnuiissioners appointed on the part of the United States, nj^To-.-ably to the seventh article of the treaty with Great Britain, relative to captures and condenniation of vessels and other property, met the com- missioners of His Hritannic >hijesty in London in August last, when John Tnnnbnll. estj., was chosen by lot for the fifth commissioner. In OctolKT following the board were to proceed to business. As yet there has been no coniiniuiication of ctnnmissioners on the part of Great Britain to unite with those who have been appointed on the part of the United States for carrying into effect the sixth article of the treaty. The treat}- with Spain required that the commissioners for running the iKinndary line l)etween the territory of the United States and His Catholic Majesty's provinces of East and West Florida should meet at the Natchez before the expiration of six mouths after the exchange of the ratifica- tions, which was effected at Aranjuez on the 25th day of April; and the troops of His Catholic Majesty occupying any posts within the limits of the United States were within the same period to be withdrawn. The com- missioner of the United States therefore commenced his journey for the Natchez in September, and troops were ordered to occupy the posts from which the Spanish garrisons should be withdrawn. Information has been recently received of the appointment of a commissioner on the part of His Catholic Majesty for running the boundary line, but none of any appointment for the adjustment of the claims of our citizens whose ves- sels were captured by the armed vessels of Spain. In pursuance of the act of Congress passed in the last session for the protection and relief of American seamen, agents w^ere appointed, one to reside in Great Britain and the other in the West Indies. The effects of the agency in the West Indies are not 5'et fully ascertained, but those which have been communicated afford grounds to believe the measure will be beneficial. The agent destined to reside in Great Britain declin- ing to accept the appointment, the business has consequently devolved on the minister of the United States in London, and will command his attention until a new ugent shall be appointed. After many delays and disappointments arising out of the European war, the final arrangements for fulfilling the engagements made to the Dey and Regency of Algiers will in all present appearance be crowned with success, but under great, though inevitable, disadvantages in the pecuniary transactions occasioned by that war, which will render further provision necessary. The actual liberation of all our citizens who were prisoners in Algiers, while it gratifies every feeling heart, is itself an earnest of a satisfactory termination of the whole negotiation. Measures are in operation for effecting treaties with the Regencies of Tunis and TripoU. George Washington '93 To an active exttrn;il commerce cup protection of a naval force is indispensable. This is nianifest with 'egard to wars in which a State is itself a party. Bnt besides this, it is in our own experience that the most sincere neutrality is not a sufficient guard against the depredations of nations at war. To secure respect to a neutral flag requires a naval force organized and ready to vindicate it from insult or aggression. This may even pre>'ent the necessity of going to war by discouraging bellig- erent powers from connnittiug such violations of the rights of the neutral party as may, first or last, leave no other option. From the best infor- mation I have been able to obtain it would seem as if our trade to the Mediterranean without a protecting force will always be insecure and our citizens exposed to the calamities from which numbers of them have but just been relieved. These considerations invite the United States to look to the means, and to set about the gradual creation of a navy. The increasing progress of their navigation promises them at no distant period the requisite sup- ply of seamen, and their means in other respects favor the undertaking. It is an encouragement, likewise, that their particular situation will give weight and influence to a modcrat: naval force in their hands. Will it not, then, be advisable to begin without delay to provide and lay up the materials for the bi^ilding and equipping of ships of war, and to proceed in the work by degrees, in proportion as our resources shall render it practicable without inconvenience, so that a future war of Europe may not find our commerce in the same unprotected state in which it was found by the present ? Congress have repeatedly, and not without success, directed their atten- tion to the encouragement of manufactures. The object is of too much consequence not to insure a continuance of their efforts in every way which shall appear eligible. As a general rule, manufactures on public ac- count are inexpedient; but where the state of things in a country leaves little hope that certain branches of manufacture will for a great length of time obtain, when these are of a nature essential to the furnishing and equipping of the public force in time of war, are not establishments for procuring them on public account to the extent of the ordinary demand for the public ser\'ice recommended by strong considerations of national policy as an exception to the general rule ? Ought our country to remain in such cases dependent on foreign supply, precarious because liable to be interrupted? If the necessary article should in 4;his mode cost more in i time of peace, will not the security and independence thence arising form an ample compensation ? Establishments of this sort, commensurate only with the calls of the public sei^dce in time of peace, will in time of war easih' be extended in proportion to the exigencies of the Government, and may even perhaps be made to yield a surplus for the supply of our citizens at large, so as to mitigate the privations from the interruption of their trade. If adopted, the plan ought to exclude all those branches io-» Afrssnjrrs and Papers of the Presidents \s\\w\\ .nv UuMily. «>r liki-ly s(m>ii 1.» 1)c, estalilishcd in the country, in orilcr that there nuiy Ik; no danger of interference with pursuits of indi- vidual industry. It will not 1k« iloubted that with reference either to individual or national welfare agriculture is of primary importance. In proportion as nations advance in jK)pulation and other circumstances of maturity this truth Uvomes more apparent, and renders the cultivation of the soil more and more an object of pulilic patronage. Institutions for promoting it grow up, sui){x)rted by the public purse; and to w^hat object can it be detlicateti with greater propriety ? Among the means which have been employetl to this end none have been attended with greater success than the establishment of boards (composed of proper characters) charged with ctillecting and diffusing information, and enabled by premiums and small l^ecunian,' aids to encourage and assist a spirit of discovery and improve- ment. This species of establishment contributes doubly to the increase of improvement by stimulating to enterprise and experiment, and by draw- ing to a common center the results every^where of individual skill and obser\'ation, and spreading them thence over the whole nation. Kxpe- rience accordingly has shewn that they are very cheap instruments of immense national benefits. I have heretofore proposed to the consideration of Congress the expe- diency of establishing a national university and also a militar>^ academy. The desirableness of both these institutions has so constantly increased with ever}' new view I have taken of the subject that I can not omit the opportunity of once for all recalling your attention to them. The a.ssembly to which I address myself is too enlightened not to be fully sensible how much a flourishing state of the arts and sciences con- tributes to national prosperity and reputation. True it is that our country, much to its honor, contains many semi- naries of learning highly respectable and useful; but the funds upon w^hich they rest are too narrow to command the ablest professors in the different departments of liberal knowledge for the institution contemplated, though they would be excellent auxiliaries. Amongst the motives to such an institution, the assimilation of the principles, opinions, and manners of our countrymen by the common education of a portion of our youth from everj' quarter well deserves attention. The more homogeneous our citizens can be made in these particulars the greater will be our prospect of permanent union; and a primar>' object of such a national institution should be the education of our youth in the science of governnicjit. In a republic what spec'es of knowledge can be equally important and what duty more pressing on its legislature than to patronize a plan for communicating it to those n-ho are to be the future guardians cf the liberties of the country? The institution of a military academy is also recommended by cogent reasons. However pacific the general policy of a nation may be, it -?^r^f\] George fVas... never to he without an adequate stock of , ....._, .^ov.i^u . .lergencies. The first would impair the enerj^y of its character, and hoth would hazard its safety or expose it to greater evils when war could not be avoided ; liesides that, war might often not depend upon its own choice. In proportion as the observance of pacific maxims might exempt a nation from the necessity of practicing the rules of the military art ought to be its care in preserving and transmitting, by proper establish- ments, the knowledge of that art. Whatever argument may be drawn from particular examples superficially viewed, a thorough examination of the subject will evince +hat the art of war is at once comprehen -.' ve and complicated, that ;i demands iuumi ^reviou- .Au-ly , ...i.. iia the possession of it in its most improved and perfect state is always of great moment to t'e security of a nation. This, therefore, ought to be a serious care of e^-.i y government, and for this purpose an academy where a regular cour.*-; of instruction is given is an obvious expedient which different n'^.ions have successfully employed. The compensations to the officers of the United States in various in.stances, and in none more than in respect to the mo.st important stations, appear to call for legislative revision. The consequences of a defective provision are of serious import to the Government. If private wealth is to supply the defect of public retribution, it will greatl}' contract the .sphere within which the .selection of character for office is to be made, and will proportionally diminish the probability of a choice of men able as well as upright. Besides that, it would be repugnant to the vital principles of our Government virtually to exclude from public tnists .s and virtue unless accompanied by wealth. vVhile in our external relations .some serious inconveniences and embar- rassments have been overcome and others lessened, it is with much pain and deep regret I mention that circumstances of a verj' unwelcome nature have lately occurred. Our trade has suffered and is suffering extensive injuries in the West Indies from the cniisers and agents of the French Republic, and communications have been received from its minister here which indicate the danger of a further disturbance of our conunerce b}* its authority, and which are in other respects far from agreeable. It has been my constant, sincere, and earnest wish, in conformity with that of our nation, to maintain cordial harmony and a perfectly friendly understanding with that Republic. This wish remains unabated, and I shall persevere in the endeavor to fulfill it to the utmost extent of what shall be consistent with a just and indispensable regard to the rights and honor of our country; nor will I easily cease to cherish the expectation that a spirit of justice, candor, and friendship on the part of the Republic will eventually insure success. In pursuing this course, however, I can not forget what is due to the character of our Government and nation, or to a full and entire M P— vol, I— s •If-resixi commenced, and I can not omit the occasion to congratulate j'^ou and my country on the success of the experiment, nor to repeat mj^ fervent sup- phcations to the Supreme Ruler of the Universe and Sovereign Arbiter of Nations that His providential care may still be extended to the United vStates, that the virtue and happiness of the people may be preserved, and that the Governmeni: which they have instituted for the protection of their liberties may be perpetual. GO WASHINGTON. ADDRESS OF THE vSENATE TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. We thank you, sir, for your faithful and detailed exposure of the existing situation of our country, and we sincerely join in sentiments of gratitude to an overruling Providence for the distinguished share of George ]Vashington 197 public prosperity and private happiness which the people of the United States so peculiarly enjoy. We are fully sensible of the advantages that have resulted from the adoption of measures (which you have successfully carried into effect) to preserve peace, cultivate friendship, and promote civilization amongst the Indian tribes on the Western frontiers. Feelings of humanity and the most solid political interests equally encourage the continuance of this system. We observe with plca.surc that the delivery of the military posts lately occupied by the British forces within the territory of the United States was made with cordiality and promptitude as soon as circumstances would admit, and that the other provisions of our treaties with Great Britain and Spain that were objects of eventual arrangement are about being carried into effect with entire harmony and good faith. The unfortunate but unavoidable difficulties that opposed a timely compliance with the terms of the Algerine treaty are nuich to be lamented, as they may occasion a temporary suspension of the advantages to be derived from a .solid peace with that power and a perfect security from its predatory warfare. At the same time, the lively impressions that affected the public mind on the redemption of our captive fellow-citizens afford the most laudable incentive to our exertions to remove the remain- ing obstacles. We perfectly' coincide with you in opinion that the importance of our commerce demands a naval force for its protection against foreign insult and depredation, and our solicitude to attain that object will be always proportionate to its magnitude. The necessity of accelerating the establishment of certain useful manufactures by the intervention of legislative aid and protection and the encouragement due to agriculture by the creation of boards (composed of intelligent individuals) to patronize this primary pursuit of society are subjects which will readily engage our most serious attention. A national university may be converted to the most useful purposes. The science of legislation being so essentially dependent on the endow- ments of the mind, the public interests must receive effectual aid from the general diffusion of knowledge, and the United States will assume a more dignified station among the nations of the earth by the successful culti- vation of the higher branches of literature. A military academy may be likewise rendered equally important. To aid and direct the physical force of the nation by cherishing a military spirit, enforcing a proper sense of discipline, and inculcating a scientific system of tactics is consonant to the soundest maxims of public policy. Connected with and supported by such an establishment a well-regulated militia, constituting the natural defense of the country-, would prove the most effectual as well as economical preservative of peace. We can not but consider with serious apprehensions the inadequate n^ Afe'ssaj^es and Papers of the Presidents cx>ini»cnsations of llic iniblicoflkcrs, especially of those in the more impor- tant stations. It is not tnily ;i violation of the spirit of a pnblic contract, Init is an evil so extensive in its operation and so destructive in its conse- ijuenccs that \ve trust it will receive the most pointed legislative attention. We sincerely lament that, whilst the conduct of the United States has Kvn uniformly impressed with the character of equity, moderation, and love of iK-ace in the maintenance of all their foreign relationships, our traile should W i^o harassed by the cruisers and agents of the Republic of I'lance throughout the extensive dei^irtments of the West Indies. Whilst we :.re contident that no cause of complaint exists that could authori/.e an inlerrnplion t)f our tranquillity or disengage that Repuljlic from the bonds of amity, cemented by the faith of treaties, we can not but express our deepest regrets that official conununications have been made to >i>u indicating a more serious disturbance of our commerce. Although we cherish the expectation that a sense of justice and a con- sideration of our mutual interests will moderate their councils, we are not unmindful of the situation in which events may place us, nor unpre- pared to adopt that system of conduct which, compatible with the dignity of a resj->ectable nation, necessity may compel us to pursue. We cordially acquiesce in the reflection that the United States, under the oj-)eration of the Federal Government, have experienced a most rapid aggrandizement and prosperity as well political as commercial. Whilst contemplating the causes that produce this auspicious result, we nmst acknowledge the excellence of the constitutional system and the wisdom of the legislative provisions; but w^e should be deficient in gratitude and justice did we not attribute a great portion of these advan- tages to the virtue, firmness, and talents of your Administration, which have been conspicuously displayed in the most tr>'ing time and on the most critical occasions. It is therefore with the sincerest regret that we now receive an official notification of your intentions to retire from the public employments of your country. When we review the various scenes of your public life, so long and so suc- cessfully devoted to the most arduous .servaces, civil and military, as well during the struggles of the American Revolution as the convulsive periods of a recent date, we can not look forward to your retirement without our warmest affections and most anxious regards accompanying you, and without mingling with our fellow-citizens at large in the sincerest wishes for your personal happiness that sensibility and attachment can express. The most effectual consolation that can offer for the loss we are about to sustain arises from the animating reflection that the influence of your example will extend to your successors, and the United States thus continue to enjoy an able, upright, and energetic administration. JOHN ADAMS, Vice-President of the United States and Presidetit of the Senate, DECf.JSER lo, 1796. George Washington 199 REPLY OF THE PRESIDENT. GrnTI^KMEn: It affords me great satisfaction to find in your address a concurrence in sentiment with me on the various topics which I presented for your information and deUberatiou, and that the latter will receive from you an attention proportioned to their respective importance. For the notice you take of my public services, civil and military, and your kind wishes for my personal happiness, I beg you to accept my cordial thanks. Those services, and greater had J po.ssessed ability to render them, were due to the unanimous calls of my country, and its approbation is my abundant reward. When contemplating the period of my retirement, I saw virtuous and enlightened men among whom I relied on the discernment and patriotism of my fellow-citizens to make the proper choice of a successor — men who would require no influential example to insure to the United States ' ' an able, upright, and energetic administration." To such men I shall cheerfully yield the palm of genius and talents to ser\'e our common country ; but at the same time I hope I may be indulged in expressing the consoling reflection (which consciousness suggests), and to bear it with me to my grave, that none can serve it with purer intentions than I have done or with a more disinterested zeal. Gy WAvSHINGTON. Dkckmbbr 12, 1796. ADDRESS OF THE HOUSE OF REPRESENTATIVES TO GEORGE WASHINGTON, PRESIDENT OF THE UNITED STATES. Sir: The House of Representatives have attended to your communi- cation respecting the state of our country with all the sensibility that the contemplation of the subject and a sense of duty can inspire. "We are gratified by the information that measures calculated to insure a continuance of the friendship of the Indians and to maintain the tranquillity of the Western frontier have been adopted, and we indulge the hope that these, by impressing the Indian tribes with more correct conceptions of the justice as well as power of the United States, will be attended with success. While we notice with satisfaction the steps that you have taken in pursuance of the late treaties with several foreign nations, the liberation of our citizens who were prisoners at Algiers is a subject of peculiar felicitatioUo We shall cheerfully cooperate in any further measures that shall appear on consideration to be requisite. We have ever concurred with you in the most sincere and uniform disposition to preserve our neutral relations inviolate, and it is of course with anxiety and deep regret we hear that any interruption of our har- mony with the French Republic has occurred, for we feel with you and 3i)0 Affss<7XtS and Piiptrs of the Pusidrnts with our vXMistituciils the conliul an. I unabaVcil wish to maintain a per- fcv'lly friciuUy luulcrstatulin);- with that nation. Your endeavors to fulfill tlmt wish, ami hy all honorable means to preserve peace, and to restore that harmony and alTtvtion which have heretofore so happily subsisted U'twtx-n the French Republic and tlie United States, can not fail, there- fore. li> interest our attention. And while we participate in the full reliance yon have expresseil on the patriotism, self-respect, and fortitude of our countrymen, we cherish the pleasing hope that a nmtual spirit of justice and mtxleration will insure the success of your i)erseverance. The \arious subjects of your connnunication will respectively meet with the attention that is due to their importance. When we advert to the internal situation of the United States, we deem it equally natural and becoming to compare the present period with that immetliately antecedent to the operation of the Government, and to contrast it with the calamities in which the state of w^ar still involves several of the luirojjean nations, as the reflections deduced from both tend to justify as well as to excite a \varmer admiration of our free Con- stitution, and to exalt our minds to a more fervent and grateful sense of piety toward Almighty God for the beneficence of His providence, by which its administration has been hitherto so remarkably distinguished. And while we entertain a grateful conviction that your wise, firm, and jxitriotic Administration has been signally conducive to the success of the present form of government, we can not forbear to express the deep sen- sations of regret with which we contemplate your intended retirement from office. As no other suitable occasion may occur, we can not suffer the present to pass without attempting to disclose some of the emotions which it can not fail to awaken. The gratitude and admiration of your countrymen are still drawn to the recollection of those resplendent virtues and talents which were so eniinently instrumental to the achievement of the Revolution, and of which that glorious event will ever be the memorial. Your obedience to the voice of dut}' and your country when you quitted reluctantly a second time the retreat you had chosen and first accepted the Presidencj' afforded a new proof of the devotedness of your zeal in its service and an earnest of the patriotism and success which have characterized your Administra- tion. As the grateful confidence of the citizens in the virtues of their Chief Magistrate has essentially contributed to that success, we persuade ourselves that the millions whom we I'epresent participate with us in the anxious solicitude of the present occasion. Yet we can not \)Q. unmindful that your moderation and magnanimity, twice displayed by retiring from your exalted stations, afford examples no less rare and instructive to mankind than valuable to a republic. Although we are sen.sible that this event of itself completes the luster of a character already conspicuously unrivaled by the coincidence of Gcorire Washington 201 virtue, talents, success, aud puljlic estimation, yet we conceive we owe it to 3'ou, sir, and still more emphatically to ourselves and to our nation (of the language of whose hearts we presume to think ourselves at this moment the faithful interpreters) , to express the sentiments with which it is contemplated. The spectacle of a free and enlightened nation offering, by its Repre- sentatives, the tribute of unfeigned approbation to its first citizen, how- ever novel and interesting it may be, derives all its luster (a luster which accident or enthusiasm could not bestow, and which adulation would tar- nish) from the transcendent merit of which it is the voluntary testimony. May you long enjoy that liberty which is so dear to you, and to which your name will ever be so dear. May your own virtues aud a nation's prayers obtain the happiest sunshine for the decline of your days and the choicest of future blessings. For our country's sake, for the sake of republican liberty, it is our earnest wish that your example may be the guide of your successors, and thus, after being the ornament and safeguard of the present age, become the patrimony of our descendants. December 15, 1796. reply of the president. Gentlemen : To a citizen whose views were unambitious, who pre- ferred the shade and tranquillity of private life to the splendor and solici- tude of elevated stations, and whom the voice of duty and his country could alone have drawn from his chosen retreat, no reward for his public services can be so grateful as public approbation, accompanied by a con- sciousness that to render those services useful to that country has been his single aim; and when this approbation is expressed by the Representa- tives of a free and enlightened nation, the reward will admit of no addition. Receive, gentlemen, my sincere and affectionate thanks for this signal testi- mony that my services have been acceptable and useful to my country. The strong confidence of my fellow-citizens, while it animated all my actions, insured their zealous cooperation, which rendered those services successful . The virtue and wisdom of my successors, j oined with the patri- oti.sm and intelligence of the citizens who compose the other branches of Government, I firmly trust will lead them to the adoption of measures which, by the beneficence of Providence, will give stability to our system of government, add to its success, and secure to ourselves and to posterity that liberty which is to all of us so dear. While I acknowledge with pleasure the sincere and uniform disposition of the House of Representatives to preserve our neutral relations invio- late, and with them deeply regret any degree of interruption of our good understanding with the French Republic, I beg you, gentlemen, to rest assured that my endeavors will be earnest and unceasing by all honor- able means to preserve peace and to restore that harmony and affection Afrss(7C''< '^"'^ PtT/>rrs of the Pirsidcnts uhuh have licrcloforc so happily subsisted between our two nations; ami with you I cherish the pleasiuK^ hope that a mutual spirit of justice ami motler.ition will crown those endeavors with success. I shall cluvrfuUy concur in the beneficial measures which your delib- cnitJons shall mature on the various subjects demanding your attention; autl while directin^j your lalx)rs to advance the real interests of our ctnmtrv, you receive its blessinj^s. With perfect sincerity my individual wishes will K- t>fTered for your present aud future felicity. G9 WASHINGTON. Dkci-.mhi-. K i(>. 1790. SPECIAL IVIESSAGES. United St A.rTS^s,, January 4., 1797. Gentlemen of the Senate: I lay before >ou for your consideration a treaty which has been negotiated and concluded on the 29th day of June last by Benjamin Hawkins, Andrew Pickens, and George Clymer, commissioners on behalf of the United States, with the Creek Indians, together with the instruc- tions which were given to the said commissioners and the proceedings at the place of treaty. I submit also the proceedings and result of a treaty, held at the city of New York, on behalf of the State of New York, with certain nations or tribes of Indians denominating themselves the Seven Nations of Canada. G9 WASHINGTON. United States, January p, 1797. Gentlemen of the Senate and of the House of Representatives: Herewith I lay lx;fore you in confidence reports from the Departments of State and the Treasury, by which you will see the present situation of our affairs with the Dey aud Regency of Algiers. G9 WASHINGTON. United States, Jamiary ip, 1797. Gentlemett of the Senate and of the House of Representatives: At the opening of the present session of Congress I mentioned that some circumstances of an unwelcome nature had lately occurred in rela- tion to France; that our trade had suffered, and was suffering, extensive injuries in the West Indies from the cruisers and agents of the French Republic, and that communications had been received from its minister George Washington 203 here which indicated danger of a further disturbance of our commerce by its authority, and that were in other respects far from agreeable, but that I reserved for a special message a more particular communication on this interesting subject. This communication I now make. The complaints of the French minister embraced most of the transac- tions of our Government in relation to France from an early period of the present war, which, therefore, it was necessary carefully to review. A collection has been formed of letters and papers relating to those transactions, which I now lay before you, with a letter to Mr. Pinckney, our minister at Paris, containing an examination of the notes of the French minister and such information as I thought might be useful to- Mr. Pinckney in any further representations he might find necessary to be made to the French Government. The immediate object of his mis- sion was to make to that Government such explanations of the principles and conduct of our own as, by manifesting our good faith, might remove all jealousy and discontent and maintain that harmony and good under- standing with the French Republic which it has been my constant solici- tude to preserve. A government which required only a knowledge of the tndh to justify its measures could not but be anxious to have this fully and frankly displayed. GO WASHINGTON. United States, March 2, lygy. Gentlemen of the Senate: Application having been made to me to permit a treaty to be held with the Seneca Nation of Indians to effect the purchase of a parcel of their land under a preemption right derived from the State of Massachusetts and situated within the State of New York, and it appearing to me reasonable that such opportunity should be afforded, provided the nego- tiation shall be conducted at the expense of the applicant, and at the desire and with the consent of the Indians, always considering these as prerequisites, I now nominate Isaac Smith to be a commissioner to hold a treaty with the Seneca Nation for the aforesaid purpose. G9 WASHINGTON. VETO MESSAGE. United States, February 28, 1797. Gentlemen of the Hotise of Representatives: Having maturely considered the bill to alter and amend an act entitled "An act to ascertain and fix the military establishment of the United States," which was presented to me on the 2 2d day of this month, I now J04 Mfssa^^cs and Papers of the Presidents rrtum it to the House t>f Representatives, in w hich it originated, with njy objections : First. If the bill pxsscs into a law, the two companies of light dragoons will be from that moment Ugally out of sen-ice, though they will after- w-ariLs ct>ntinue actually in serv'ice; and for their ser\-ices during this intcrv-zil. namely, from the time of legal to the time of actual discharge, it will not Ik- lawful to pay them, unless some future provision be made by law. TliDUgh they may be discharged at the pleasure of Congress, in justice they ought to receive their pay, not only to the time of pa.ssiug the law. but at least to the time of their actual discharge. Secondly. It will be inconvenient and injurious to the public to dis- miss the light dragoons as soon as notice of ^he law can be conveyed to them, one of the companies having been lately destined to a necessary and important ser\'ice. Thirdly. The companies of light dmgoons consist of 126 noncommis- sionetl officers and privates, who are bound to ser\'e as dismounted dra- goons when ordered so to do. They have received in bounties about $2, OCX). One of them is completely equipped, and above half of the non- commissioned officers and privates have yet to .ser\-e more than one-third of the time of their enlistment; and besides, there will in the course of the year be a considerable deficiency in the complement of infantry intended to be continued. Under these circumstances, to discharge the dragoons does not seem to comport with economy. Fourthly. It is generally agreed that some cavalrj^ either militia or regular, will be necessary; and according to the best information I have been able to obtain, it is my opinion that the latter will be less expensive and more useful than the former in preserving peace between the frontier settlers and the Indians, and therefore a part of the mihtary establish- meiit should consist of cavalry. GO WASHINGTON, PROCLAMATION. [ From Senate Journal, vol. 2, p. 397.] March i, 1797. To the Vice-Presidevt and Senators of the United States, respectively. Sir: It appearing to me proper that the Senate of the United State; should be convened on Saturday, the 4th of March instant, 5'ou are desirec to attend in the Chamber of the Senate on that day, at 10 o'clock ir the forenoon, to receive any communications which the President of th*" United States may then lay before you touching their interests. GO WASHINGTON George Washington 205 FAREWELL ADDRESS. United States, September 17, 1796. Friends and Fellow- Citizens: The period for a new election of a citizen to administer the Executive Government of the United States being not far distant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolution I have formed to decline being considered among the number of those out of whom a choice is to be made. I beg you at the same time to do me the justice to be assured that this resolution has not been taken without a strict regard to all the con- siderations appertaining to the relation which binds a dutiful citizen to his country; and that in withdrawing the tender of service, which silence in my situation might imply, I am influenced by no diminution of zeal for your future interest, no deficiency of grateful respect for your past kindness, but am supported by a full conviction that the step is compati- ble with both. The acceptance of and continuance hitherto in the office to which your suffrages have twice called me have been a uniform sacrifice of inclination to the opinion of duty and to a deference for what appeared Vo be your desire. I constantly hoped that it would have been much earlier in my power, consistently with motives which I was not at liberty to disregard, to return to that retirement from which I had been reluc- tantly drawn. The strength of my inclination to do this previous to the last election had even led to the preparation of an address to declare it to you ; but mature reflection on the then perplexed and critical posture of our affairs with foreign nations and the unanimous advice of persons entitled to my confidence impelled me to abandon the idea. I rejoice that the state of your concerns, external as well as internal, no longer renders the pursuit of inclination incompatible with the sentiment of duty or propriety, and am persuaded, whatever partiality may be retained for my services, that in the present circumstances of our country you will not disapprove my determination to retire. The impressions with which I first undertook the arduous trust were explained on the proper occasion. In the discharge of this trust I will only say that I have, with good intentions, contributed toward the organization and administration of the Government the best exertions of which a very fallible judgment was capable. Not unconscious in the outset of the inferiority of my qualifications, experience in my own eyes, perhaps still more in the eyes of others, has strengthened the motives to diffidence of myself; and every day the increasing weight of years ao6 Afe-ssnj^t's and Pn/x-rs of the Presidents admonishes ino more ;uul more that the shaile of retirement is as neces- 9ar>' to "><■* '>-^ '^ ^^ ''^ '*^' welcome. Satisfied that if any circnmstances have i^iven iKvuUar vahie to my services they were temporary, I have the a>nst>hitiim to Ik-Hcvc that, while choice and prudence invite me to quit the jx^lilical s<-ene, patriotism iIdcs not forbid it. In Ux)kin>j forward to the moment which is intended to terminate the oanx-r of my jx^litical life my feelings do not permit me to .suspend the deep ackmnvle' department may be stamped wnth wisdom and virtue; that, in fine, the happiness of the people of these States, under the auspices of liberty, may be made complete by so careful a preser\'ation and so prudent a use of this blessing as will acquire to them the glory of recommending it to the applause, the affection, and adoption of every nation which is yet a stranger to it. Here, perhaps, I ought to .stop. But a solicitude for your welfare which can not end but with my life, and the apprehension of danger natural to that solicitude, urge me on an occasion like the present to offer to your solemn contemplation and to recommend to your frequent review some sentiments which are the result of much reflection, of no inconsiderable observation, and which appear to me all important to the permanency of your felicity as a people. These will be offered to yon with the more freedom as you can only see in them the disinterested warnings of a parting friend, who can possibly have no personal motive to bias his coun.sel. Nor can I forget as an encouragement to it your indul- gent reception of my sentiments on a former and not dissimilar occa.sion, Inter\voven as is the love of liberty with every ligament of your hearts, no recommendation of mine is necessary to fortify or confirm the attach- ment. George Washington 207 The unity of government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar in the edifice of your real independence, the support of your tranquillity at home, your peace abroad, of your safety, of your prosperity, of that very liberty which you so highly prize. But as it is easy to foresee that from different causes and from different quarters much pains will be taken, many artifices employed, to weaken in your minds the conviction of this truth, as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed, it is of infinite moment that you should properly estimate the immense value of your national iniiou to your collective and individual happiness ; that you should cherish a cordial, habitual, and immovable attachment to it ; accustoming yourselves to think and speak of it 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 dawn- ing of every attempt to alienate any portion of our country from the rest or to enfeeble the sacred ties which now link together the various parts. For this you have every inducement of sympathy and interest. Citizens by birth or choice of a common country, that country has a right to con- centrate your affections. The name of American, which belongs to you in your national capacity, must always exalt the just pride of patriotism more than any appellation derived from local discriminations. With slight .shades of difference, you have the same religion, manners, habits, and political principles. You have in a common cause fought and triumphed together. The independence and liberty you possess are the work of joint councils and joint efforts, of common dangers, sufferings, and successes. But these considerations, however powerfully they address themselves to your sensibility, are greatl}^ outweighed by those which apply more immediately to your interest. Here every portion of our country finds the most commanding motives for carefully guarding and preserving the union of the whole. The North, in an unrestrained intercourse with the Soxith, protected by the equal laws of a common government, finds in the productions of the latter great additional resources of maritime and commercial enterprise and precious materials of manufacturing industry. The South, in the same intercourse, benefiting by the same agency of the North, sees its agriculture grow and its commerce expand. Turning partly into its own channels the seamen of the North, it finds its particular navigation invigorated ; and while it contributes in different ways to nourish and increase the general mass of the national navigation, it looks forward to the protection of a maritime strength to which itself is unequally adapted. The East, in a like intercourse with the West, already finds, and in the 3t>8 Afi-ssaj^t's autf Pu/x^rs of the Pfcsidents pro>;ressivc impri>vciuciit of interior communications by land and water will more and more find, a valuable vent for the commodities which it brings from abroad or manufactures at home. The West derives from the East supplies retiuisite to its growth and comfort, and what is per- haps of still jiTcater conseciuence, it must of necessity owe the seaire enjoyment of indisi>ensable outlets for its own productions to the weight, influence, and the future maritime strength of the Atlantic vSide of the l^nion, directed by an indissoluble conununity of interest as 07ie nation. Any other tenure by which the West can hold this essential advantage, whether derived from its own separate strength or from an apostate and xnmatural connection with any foreign power, must be intrinsically pre- carious. While, then, ever>' part of our countr>' thus feels an immediate and jKirticular interest in union, all the parts combined can not fail to find in the united mass of means and efforts greater strength, greater resource, proportionably greater security from external danger, a less frequent interruption of their peace by foreign nations, and what is of inestimable value, they nmst derive from union an exemption from those broils and wars between themselves which so frequently afflict neighboring countries not tied together by the same governments, which their own rivalships alone would be sufficient to produce, but which opposite foreign alli- ances, attachments, and intrigues would stimulate and imbitter. CHence, likewise, they will avoid the necessity of those overgrown military estab- lishments which, under any form of government, are inauspicious to liberty, and which are to be regarded as particularly hostile to repub- lican liberty. In this sense it is that j'our union ought to be considered as a main prop of your liberty, and that the love of the one ought to endear to you the preser\^ation of the other. J These considerations speak a persuasive language to everj^ reflecting and virtuous mind, and exhibit the continuance of the union as a primary object of patriotic desire. Is there a doubt whether a common govern- ment can embrace so large a .sphere? L,et experience solve it. To listen to mere speculation in such a case were criminal. We are authorized to hope that a proper organization of the whole, with the auxiliary agency of governments for the respective subdivisions, will afford a happy issue to the experiment. It is well worth a fair and full experiment. With such powerful and obvious motives to union affecting all parts of our countr>', while experience shall not have demonstrated its impractica- bility, there will always be reason to distrust the patriotism of those who in any quarter may endeavor to weaken its bands. In contemplating the causes which may disturb our union it occurs as matter of serious concern that any ground should have been furnished for characterizing parties hy geographical discriminations — Northern and Southern, Atlantic and Western — whence designing men may endeavor to excite a belief that there is a real difiference of local interests and views. George Washington 209 One of the expedients of party to acquire influence within particular dis- tricts is to misrepresent the opinions and aims of other districts. You can not shield yourselves too much against the jealousies and heartburn- ings which spring from these misrepresentations; they tend to render alien to each other those who ought to be bound together by fraternal affection. The inhabitants of our Western country have lately had a useful lesson on this head. They have seen in the negotiation by the Executive and in the unanimous ratification by the Senate of the treaty with Spain, and in the universal satisfaction at that event throughout the United States, a decisive proof how unfounded were the suspicions propagated among them of a policy in the General Government and in the Atlantic States unfriendly to their interests in regard to the Mississippi. They have been witnesses to the formation of two treaties — that with Great Britain and that with Spain — which secure to them everything they could desire in respect to our foreign relations toward confirming their prosperity. Will it not be their wisdom to rely for the preserva- tion of these advantages on the union by which they were procured? Will they not henceforth be deaf to those advisers, if such there are, who would sever them from their brethren and connect them with aliens? To the efiicacy and permanency of your union a government for the whole is indispensable. No alliances, however strict, between the parts can be an adequate substitute. They must inevitably experience the infractions and interruptions which all alliances in all times have experi- enced. Sensible of this momentous truth, you have improved upon your first essay by the adoption of a Constitution of Government better calcu- lated than your former for an intimate union and for the eflScacious man- agement of )^our common concerns. This Government, the offspring of our own choice, uninfluenced and unawed, adopted upon full inves- tigation and mature deliberation, completely free in its principles, in the distribution of its powers, uniting security with energy, and containing within itself a provision for its own amendment, has a just claim to your confidence and your support. Respect for its authorit}^ compliance with its laws, acquiescence in its measures, are duties enjoined by the funda- mental maxims of true liberty. The basis of our political systems is the right of the people to make and to alter their constitutions of govern- ment. But the constitution which at any time exists till changed by an explicit and authentic act of the whole people is sacredly obligatory upon all. The very idea of the power and the right of the people to estab- lish government presupposes the duty of every individual to obey the established government. All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle and of fatal tendency. They serve to organize faction; to give it an 3,>, Aft'ssncf'! n*ti1 Papers of the Presidents nilitk i.il .iml exliaonliiiary force; to init in the place of the delegated will of llu' nalioii the will of a jxirty, t)fteti a small but artful and enterprising minority of the aMnnnuiity, and, according to the alternate triumphs of difTiTcnt lurties. to make the public administration the mirror of the iU-CT»ncerlcd and incongruous jirojects of faction rather than the organ of insistent and wholesome plans, digested b}- common counsels and nuxlifjcil by mutual interests. However aMubinations or associations of the above description may now and then answer ix:)pular ends, they are likely in the course of time an*l things to l>ecomc jxitent engines by which cunning, ambitious, and unprincipletl men will be enabled to subvert the power of the people, and to usurp for themselves the reins of government, destroying after- wards the ver>- engines which have lifted them to unjust dominion. Toward the preservation of your Government and the permanency of your present happy state, it is requisite not only that you steadily dis- countenance irregular oppositions to its acknowledged authority, but also that you resist with care the spirit of innovation upon its principles, however specious the pretexts. One method of assault may be to effect in the forms of the Constitution alterations which will impair the energy of the system, and thus to undermine what can not be directly over- thrown. In all the changes to which you may be invited remember that time and habit are at least as necessary to fix the true character of govennnents as of other human institutions; that experience is the surest standard by which to test the real tendency of the existing constitution of a countrj'; that facility in changes upon the credit of mere hypothesis and opinion exposes to perpetual change, from the endless variety of hypothesis and opinion; and remember especially that for the efiicient management of your common interests in a country so extensive as ours a government of as much A-igor as is consistent with the perfect security of lil)erty is indispensable. Liberty itself will find in such a government, with ix)wers properly distributed and adjusted, its surest guardian. It is, indeed, little else than a name where the government is too feeble to withstand the enterprises of faction, to confine each member of the society within the limits prescribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property. I have already intimated to you the danger of parties in the State, with particular reference to the founding of them on geographical dis- criminations. Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the spirit of party generally. This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under differ- ent .shapes in all governments, more or less stifled, controlled, or repressed; but in those of the popular form it is seen in its greatest rankness and is truly their worst enemy. George Washington 211 The alternate domination of one faction over another, sharpened by the spirit of revenge natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and per- manent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual, and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this dis- position to the purposes of his own elevation on the ruins of public liberty. Without looking forward to an extremity of this kind (which never- theless ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it. It serves always to distract the public councils and enfeeble the public administration. It agitates the comm,unity with ill-founded jealousies and false alarms ; kindles the animosity of one part against another ; foments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the govern- ment itself through the channels of party passion. Thus the policy and the will of one country are subjected to the policy and will of another. There is an opinion that parties in free countries are useful checks upon the administration of the government, and serve to keep alive the spirit of liberty. This within certain limits is probably true; and in gov- ernments of a monarchical cast patriotism may look with indulgence, if not with favor, upon the spirit of party ."S But in those of the popular char- acter, in governments purely elective, it is a spirit not to be encouraged. From their natural tendency it is certain there will always be enough of that spirit for every salutary purpose; and there being constant danger of excess, the effort ought to be b}^ force of public opinion to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume. L It is important, likewise, that the habits of thinking in a free country should inspire caution in those intrusted with its administration to con- fine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power and proneness to abuse it which predominates in the human heart is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and dis- tributing it into different depositories, and constituting each the guardian of the public weal against invasions by the others, has been evinced by experiments ancient and modern, some of them in our country and under our own eyes. To preserve them must be as necessary r: -• Affssai^rs and Papers of the Presidents a> lo uKslilulc llicm. If in the opinion of the people the distribution or nuxUfjcation of the constitutional pnvers Ix; in any particular \vrong, let it be cxirrcctetl by an amendment in the way which the Constitu- tion ilesi);nrttes. Hut let there be no change by usurpation; for though this in one instance may be the instrument of good, it is the customary wcajwn by which free governments are destroyed. The precedent must ahvavs greatly overbalance in permanent evil any partial or transient benefit which the use can at any tim*.- yield. Of all the disjx>sitious and habits which lead to political prosperity, religion ami morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness — these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to rcsjiect and to cherish them. A volume could not trace all their connections with private and public felicity. Let it simply be asked. Where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of inves- tigation in courts of justice? And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle. It is substantially true that virtue or morality is a necessary spring of popular government. The rule indeed extends with more or less force to every species of free government. Who that is a sincere friend to it can look with indifference upon attempts to shake the foundation of the fabric? Promote, then, as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should l>e enlightened. As a verj' important source of strength and security, cherish public credit. One method of preserving it is to use it as .sparingly as possible, avoiding occasions of expense by cultivating peace, but remembering al.so that timely disbursements to prepare for danger frequently prevent much greater disbursements to repel it; avoiding likewise the accumula- tion of debt, not only by shunning occasions of expense, but by vigorous exertions in time of peace to discharge the debts which unavoidable wars have occasioned, not ungenerously throwing upon posterity the burthen which we ourselves ought to bear. The execution of these maxims belongs to your representatives; but it is necessary that public opinion should cooperate. To facilitate to them the performance of their duty it is essential that you .should practically bear in mind that toward the pay- ment of debts there must be revenue; that to have revenue there must be taxes; that no taxes can be devised which are not more or less incon- venient and unpleasant; that the intrinsic embarrassment inseparable George Washington 213 frcm the selection of the proper objects (which is always a choice of difficulties) , ought to be a decisive motive for a candid construction of the conduct of the Government in making it, and for a spirit of acquiescence in the measures for obtaining revenue which the public exigencies may at any time dictate. Observe good faith and justice toward all nations. Cultivate peace and harmony with all. Religion and morality enjoin this conduct. And can it be that good policy does not equally enjoin it? It will be worthy of a free, enlightened, and at no distant period a great nation to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and benevolence. Who can doubt that in the course of time and things the fruits of such a plan would richly repay any temporary advantages which might be lost by a steady adherence to it ? Can it be that Providence has not connected the permanent felicity of a nation with its virtue? The experiment, at least, is recommended by every sentiment which ennobles human nature. Alas ! is it rendered impossible by its vices ? In the execution of such a plan nothing is more essential than that permanent, inveterate antipathies against pa? ticular nations and passion- ate attachments for others should be excluded, and that in place of them just and amicable feelings toward all should be cultivated. The nation which indulges toward another an habitual hatred or an habitual fond- ness is in some degree a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest. Antipathy in one nation against another disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable when accidental or trifling occasions of dispute occur. Hence frequent collisions, obstinate, envenomed, and bloody contests. The nation prompted by ill will and resentment sometimes impels to war the government contrary to the best calculations of policy. The gov- ernment sometimes participates in the national propensity, and adopts through passion what reason would reject. At other times it makes the animosity of the nation subservient to projects of hostility, instigated by pride, ambition, and other sinister and pernicious motives. The peace often, sometimes perhaps the liberty, of nations has been the victim. So, likewise, a passionate attachment of one nation for another pro« duces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter without adequate inducement or justification. It leads also to con- cessions to the favorite nation of privileges denied to others, which is apt doubly to injure the nation making the concessions by unnecessarily parting with what ought to have been retained, and by exciting jealousy, 314 Afrs.uTi^^f's and Pnpfrs of ihr Presidents 111 will. nn:x*s arc withhcKl; ami it jjivcs to ambitious, corrupted, or deluded citixctis (who devote themselves to the favorite nation) facility to betray or sacrifice the interests of their own country without odium, sometimes c\-vn with ixjpularity, Rildiny: with the appearances of a virtuous sense of obli>;ation. a cmnmendable ileference for jniblic opinion, or a laudable xcal for public );«kk1 the base or foolish compliances of ambitiou, corrup- tion, or infatuation. As avenues to foreign influence in innumerable wa5^=;, such attach- ments arc jxirticularly alarming to the truly enlightened and indejiend- ent ivitriot. How many opportunities do they afford to tamper with domestic factions, to jiractice the arts of seduction, to mislead public opinion, tt> influence or awe the public councils! Such an attachment of a small t)r weak toward a great and powerful nation dooms the former to l)e the satellite of the latter. Against the insidious wiles of foreign intluence ( I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the mo.st baneful foes of repul)lican govenunent. But that jealousy, to be useful, must be impartial, else it becomes the instrument of tiie very influence to be avoided, instead of a defense against it. Excessive partiality for one foreign nation and exces- sive dislike of another cause those whom they actuate to see danger only on one side, and ser\'e to veil and even second the arts of influence on the other. Real patriots who may resist the intrigues of the favorite are liable to l>ecome suspected and odious, while its tools and dupes u.surp the applause and confidence of the people to surrender their interests. The great rule of conduct for us in regard to foreign nations is, in extending our commercial relations to have with them as little political connection as possible. So far as we have already formed engageme-.^s let them lie fulfilled with perfect good faith. Here let us stop. Europe has a set of primary' interests which to us have none or a very remote relation. Hence she must be engaged in frequent controversies, the cau.ses of which are essentially foreign to our concerns. Hence, therefore, it mu.st be unwise in us to implicate ourselves by artificial ties in the ordinary' vicissitudes of her politics or the ordinary combinations and collisions of her friendships or enmities. Our detached and distant situation invites and enables us to pursue a different course. If we remain one people, under an efficient government, the period is not far off when w^e may defy material injury from external anno>'ance; when we may take such an attitude as will cause the neu- trality we may at any time resolve upon to be scrupulously respected; when Ixrlligerent nations, under the impossibility of making acquisitions upon us, will not lightly hazard the giving us provocation; when we may choose peace or war, as our interest, guided by justice, shaU counsel. Why forego the advantages of so peculiar a situation ? Why quit our George Washington 215 own to stand upon foreign ground? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor, or caprice? It is our true policy to steer clear of permanent alliances with any portion of the foreign world, so far, I mean, as we are now at liberty to do it; for let me not be understood as capable of patronizing infidelity to existing engagements. I hold the maxim no less applicable to public than to private affairs that honesty is always the best policy. I repeat, therefore, let those engagements be observed in their genuine sense. But in my opinion it is unnecessary and would be unwise to extend them. Taking care always to keep ourselves by suitable establishments on a respectable defensive posture, we may safely trust to temporary alliances for extraordinary emergencies. Harmony, liberal intercourse with all nations are recommended by policy, humanity, and interest. But even our commercial policy should hold an equal and impartial hand, neither seeking nor granting exclu- sive favors or preferences ; consulting the natural course of things ; dif- fusing and diversifying by gentle means the streams of commerce, but forcing nothing ; establishing with powers so disposed, in order to give trade a stable course, to define the rights of our merchants, and to enable the Government to support them, conventional rules of intercourse, the best that present circumstances and mutual opinion will permit, but tem- porary and liable to be from time to time abandoned or varied as expe- rience and circumstances shall dictate ; constantly keeping in view that it is folly in one nation to look for disinterested favors from another ; that it must pay with a portion of its independence for whatever it may accept under that character; that by such acceptance it may place itself in the condition of having given equivalents for nominal favors, and yet of being reproached with ingratitude for not giving more. There can be no greater error than to expect or calculate upon real favors from nation to nation. It is an illusion which experience must cure, which a just pride ought to discard. In offering to you, my countrymen, these counsels of an old and affec- tionate friend I dare not hope they will make the strong and lasting impres- sion I could wish — that they will control the usual current of the passions or prevent our nation from running the course which has hitherto marked the destiny of nations. But if I ma)' even flatter myself that they may be productive of some partial benefit, some occasional good — that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigue, to guard against the impostures of pretended patriotism — this hope will be a full recompense for the solicitude for your welfare by which they have been dictated. How far in the discharge of my official dutie; I have been guided by the principles which have been delineated the public records and other evidences of my conduct must witness to you and to thQ world* To j,f, Aftssaj^rs and Papers ofi/ir /Ycsit/rfifs myycU, ll»c iissurancx* of ni\ own conscience is that I have at least bclicvctl luysclf to l)c guiiled by them. In rvUilioti to the still snbsisting war in Huropc my proclamation of the 2Jd of April. 1793, is the index to my plan. Sanctioned by your approving voice and by that of your representatives in both Houses of CongTcsji. the spirit of that measure has continually governed me, unin- flucncvil by any attempts to deter or divert me from it After delilK'rate examination, with the aid of the best lights I could obtain, I was well satisfied that our country, under all the circumstances of the case, had a right to take, and was bound in duty and interest to lake, a neutral ix)sition. Having taken it, I determined as far as ihould deiienil u\xin me to maintain it with moderation, perseverance, and firmness. The considerations which respect the right to hold this conduct it is not necessiiry on this occasion to detail. I will only observe that, according to my understanding of the matter, that right, so far from being denied by any of the V)clligerent powers, has been virtually admitted by all. The duty of holding a neutral conduct may be inferred, without any- thing more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain inviolate the relations of peace and amity toward other nations. The inducements of interest for observing that conduct will best be referred to your own reflections and experience. With me a predomi- nant motive has been to endeavor to gain time to our country to settle and mature its yet recent institutions, and to progress without interrup- tion to that degree of strength and consistency which is necessary to give it, humanly speaking, the command of its own fortunes. Though in reviewing the incidents of my Administration I am uncon- scious of intentional error, I am nevertheless too sensible of my defects not to think it probable that I may have committed many errors. What- ever they may be, I fer\^ently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope that my country will never cease to view them with indulgence, and that, after forty-five years of my life dedicated to its service with an upright zeal, the faults of incompetent abilities will be consigned to oblivion, as myself must soon be to the mansions of rest. Relying on its kindness in this as in other things, and actuated by that fer\-ent love toward it which is so natural to a man who views in it the native soil of himself and his progenitors for several generations, I anticipate with pleasing expectation that retreat in which I promise myself to realize without alloy the sweet enjoyment of partaking in the midst of my fellow-citizens the benign influence of good laws under a free government — the ever-favorite object of my heart, and the happy reward, as I truiit, of our mutual cares, labors, and dangers. G9 WASHINGTON. John Adams March 4, 1797, to March 4, 1801 SEE VOLUME XL Volume eleven is not only an index to the other volumes, not only a key that unlocks the treasures of the entire publication, Ijut it is in itself an alphabetically arranged brief history or story of the great controlling events constituting the His- tory of the United States. Under its proper alphabetical classification the story is told of every great sub- ject referred to by any of the Presidents in their official Messages, and at the end of each story the official utterances of the Presidents themselves are cited upon the subject, so that you may readily turn to the page in the body of the work itself for this original information. Next to the possession of knowledge is the ability to turn at will to where knowledge is to be found. \^ l««i« Hi iMilfli* %o xci°o moiY bovsion* tlsi^oq Isiomo lUiW HOME AT QUINCY, MASSACHUSETTS, OF JOHN ADAMS With official portrait engraved from copy of •riginal In st»*l r 1908 By BUREAU OF NATIONAL LITERATURE AND ART John Adams John Adams was born on October 19 (old style), 1735, near Boston, Mass, , in the portion of the town of Braintree which has since been incor- porated as Quincy. He was fourth in descent from Henry Adams, who fled from persecution in Devonshire, England, and settled in Massachu- setts about 1 630. Another of his ancestors was John Adams, a founder of the Plymouth Colony in 1620. Entered Harvard College in 1751, and graduated therefrom four years later. Studied the law and taught school at Worcester; was admitted to the bar of Suffolk County in 1 758. In 1 768 removed to Boston, where he won distinction at the bar. In 1764 mar- ried Abigail Smith, whose father was Rev. William Smith and whose grandfather was Colonel Quincy, In 1770 was chosen a representative from Boston in the legislature of Massachusetts. In 1774 was a mem- ber of the Continental Congress, and in 1776 was the adviser and great supporter of the Declaration of Independence. The same year was a deputy to treat with Lord Howe for the pacification of the Colonies. He declined the offer of chief justice of Massachusetts. In December, 1777, was appointed a commissioner to France, and returned home in the sum- mer of 1779. He was then chosen a member of the Massachusetts con- vention for framing a State constitution. On September 29, 1779, was appointed by Congress minister plenipotentiary to negotiate a peace treaty with Great Britain. In 1781 was a commissioner to conclude treaties of peace with European powers. In 1783 negotiated with others a com- mercial treaty with Great Britain. Was one of the commissioners to sign the provisional treaty of peace with that nation November 30, 1782, and the definite treaty September 3, 1783. In 1784 remained in Hol- land, and in 1785 was by Congress appointed minister of the United States at the Court of Great Britain. He returned to his home in June, 1788. Was chosen Vice-President on the ticket with Washington, and on the assembling of the Senate took his seat as President of that body, at New York in April, 1789. Was reelected Vice-President in 1792. On the retirement of Washington in 1796 he was elected President, and was inaugurated March 4, 1797. He retired March 4, 1801, to his home at Quincy, Mass. In 18 16 was chosen to head the list of Presidential electors of his party in the State. Was a member of the State con- vention to revise the constitution of Massachusetts; was unanimously elected president of that convention, but declined it on account of his age. His wife died in 1818. On July 4, 1826, he died, and was buried at Quincy. 217 jiS Messnj^^i's nnd /\i/>t'rs of the l^rsideuts INAUGURAL ADDRESS. IN Till': CITY Ol" I'HlLADKLrillA, TA When it was first perceived, in early times, that no middle course for America remained iK'tween unlimited submission to a foreign legislature and a total imlepemlence of its claims, men of reflection were less appre- hensive i»f danger from the formidable power of fleets and armies they must tlclermine to resist than from those contests and dissensions which wouKl certainly arise concerning the forms of government to be instituted over the whole and over the parts of this extensive country. Relying, however, on the ])urity of their intentions, the justice of their cause, and the integrity and intelligence of the people, under an overruling Provi- dence which had so signally protected this country from the first, the representatives of this nation, then consisting of little more than half its I>rescnt numlx^r, not only broke to pieces the chains which were forging and the rod of iron that was lifted up, but frankly cut asunder the ties which had lx)und them, and launched into an ocean of uncertainty. The zeal and ardor of the people during the Revolutionary war, sup- jilying the place of government, commanded a degree of order sufiicient at least for the temporary preservation of society. The Confederatiou which was early felt to be necessary was prepared from the models of the Batavian and Helvetic confederacies, the only examples which remain with any detail and precision iu history, and certainly the only ones which the jjeople at large had ever considered. But reflecting on the striking difference in so many particulars between this country and those where a courier may go from the seat of government to the frontier in a single day, it was then certainly foreseen by some who assisted in Congress at the formation of it that it could not be durable. Negligence of its regulations, inattention to its recommendations, if not disolx;dience to its authority, not only in individuals but in States, soon api)eared with their melancholy consequences — universal languor, jealousies and rivalries of States, decline of navigation and commerce, di.scouragement of necessary manufactures, universal fall in the value of lands and their produce, contempt of public and private faith, loss of con- sideration and credit with foreign nations, and at length in discontents, animosities, combinations, partial conventions, and. insurrection, threat- ening some great national calamity. In this dangerous crisis the people of America were not abandoned by their u.sual good .sense, presence of mind, resolution, or integrity. Meas- ures were pursued to concert a plan to form a more perfect union, estab- lish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty. The John Adams 219 public disquisitions, discussions, and deliberations issued in the present happy Constitution of Government. Employed in the service of my country abroad during the whole course of these transactions, I first saw the Constitution of the United States in a foreign country. Irritated by no literary altercation, animated by no public debate, heated by no party animosity, I read it with great sat isf action, as the result of good heads prompted b}^ good hearts, as an experiment better adapted to the genius, character, situation, and rela- tions of this nation and country than any which had ever been proposed or suggested. In its general principles and great outlines it was con- formable to such a system of government as I had ever most esteemed, and in some States, my own native State in particular, had contributed to establish. Claiming a right of suffrage, in common with my fellow- citizens, in the adoption or rejection of a constitution which was to rule me and my posterity, as well as them and theirs, I did not hesitate to express my approbation of it on all occasions, in public and in private. It was not then, nor has been since, any objection to it in my mind that the Executive and Senate were not more permanent. Nor have I ever entertained a thought of promoting any alteration in it but such as the people themselves, in the course of their experience, should see and feel to be necessary or expedient, and by their representatives in Congress and the State legislatures, according to the Constitution itself, adopt and ordain. Returning to the bosom of ray country after a painful separation from it for ten years, I had the honor to be elected to a station under the new order of things, and I have repeatedly laid myself under the most serious obligations to support the Constitution. The operation of it has equaled the most sanguine expectations of its friends, and from an habitual atten- tion to it, satisfaction in its administration, and delight in its effects upon the peace, order, prosperity, and happiness of the nation I have acquired an habitual attachment to it and veneration for it. What other form of government, indeed, can so well deser\'e our esteem and love? There may be little solidit}^ in an ancient idea that congregations of men into cities and nations are the most pleasing objects in the sight of superior intelligences, but this is ver>^ certain, that to a benevolent human mind there can be no spectacle presented b}^ any nation more pleasing, more noble, majestic, or august, than an assembly like that which has so often been seen in this and the other Chamber of Congress, of a Gov- ernment in which the Executive authorit}^ as well as that of all the branches of the Legislature, are exercised by citizens selected at regular periods by their neighbors to make and execute laws for the general good. Can anything essential, anything more than mere ornament and deco- ration, be added to this by robes and diamonds? Can authority be more amiable and respectable when it descends from accidents or institutions 3 JO Mfssaf^cs and Papers of the Presidents cslablishcil 'n\ n-inolc amiiiuity lliaii wIku it sprinj;s fresh from the hearts nml judgments of an hinicst ami rnliKhtciiod ]ieople? For it is the jK-opU-only that arc represented. It is their power and majesty that is retUx-li.ll. antl only for their K^>od, in every legitimate government, uiuler whatever form it ma\- ai»pear. The existence of sncli a govern- ment as otirs for any length of time is a fnll i)roof of a general dissemi- lution of kni>\vledge and virtue throughout the whole body of the people. Ami wliat object or consideration more pleasing than this can be pre- senteil tt> the hinnan mind? If national pride is ever justifiable or excusiible it is when it springs, not from power or riches, grandeur or glor>-, hut from conviction of national iimoceuce, information, and benev- olence. In the midst of these pleasing ideas we should be unfaithful to ourselves if we shouUl e\er lose sight of the datiger to our liberties if anything par- tial or extraneous should infect the purity of our free, fair, virtuous, and indeiKMulent elections. If an election is to be determined by a majority of a single vote, and that can be procured by a party through artifice or corruption, the Government may be the choice of a party for its own ends, not of the nation for the national good. If that solitary suffrage can be obtained by foreign nations by flattery or menaces, by fraud or violence, by terror, intrigue, or venality, the Government may not be the choice of the American jK'ople, but of foreign nations. It may be foreign nations who govern us, and not we, the people, who govern ourselves; and can- did men will acknowledge that in .such cases choice would have little advantage to Ixjast of over lot or chance. Such is the amiable and interesting system of government (and .such are s^^me of the abuses to which it may be exposed) which the people of America have exhibited to the admiration and anxiety of the wise and virtuous of all nations for eight years under the administration of a citi- zen who, by a long course of great actions, regulated by prudence, justice, temperance, and fortitude, conducting a people inspired with the same virtues and animated with the same ardent patriotism and love of liberty to independence and peace, to increasing wealth and unexampled pros- perity, has merited the gratitude of his fellow-citizens, commanded the highest praises of foreign nations, and secured immortal glory with posterity. In that retirement which is his voluntary chv>ice may he long live to enjoy the delicious recollection of his services, the gratitude of mankind, the happy fruits of them to himself and the world, which are daily increasing, and that splendid prospect of the future fortunes of this country which is opening from year to year. His name may be .still a rampart, and the knowledge that he lives a bulwark, against all open or secret enemies of his country's peace. This example has been recom- mended to the imitation of his successors by both Houses of Congress and by the voice of the legislatures and the people throughout the nation. John Adams 221 On this subject it might become me be "^er to be silent or to speak with diffidence; but as something may be expected, the occasion, I hope, will be admitted as an apology if I venture to say that if a preference, upon principle, of a free republican government, formed upon long and serious reflection, after a diligent and impartial inquiry after truth; if an attach- ment to the Constitution of the United States, and a conscientious deter- mination to support it until it shall be altered by the judgments and wishes of the people, expressed in the mode prescribed in it; if a respect- ful attention to the constitutions of the individual States and a constant caution and delicacy toward the State governments; if an equal and impartial regard to the rights, interest, honor, and happine.ss of all the States in the Union, without preference or regard to a northern or south- ern, an eastern or western, position, their various political opinions on unessential points or their personal attachments; if a love of virtuous men of all parties and denominations; if a love of science and letters and a wish to patronize every rational effort to encourage schools, colleges, universities, academies, and every institution for propagating knowledge, virtue, and religion among all classes of the people, not only for their benign influence on the happiness of life in all its stages and classes, and of society in all its forms, but as the only means of preserving our Con- stitution from its natural enemies, the spirit of sophistry, the spirit of party, the spirit of intrigue, the profligacy of corruption, and the pesti- lence of foreign influence, which is the angel of destruction to elective governments; if a love of equal laws, of justice, and humanity in the interior administration; if an inclination to improve agriculture, com- merce, and manufactures for necessity, convenience, and defense; if a spirit of equity and humanity toward the aboriginal nations of America, and a disposition to meliorate their condition by inclining them to be more friendly to us, and our citizens to be more friendly to them; if an inflex- ible determination to maintain peace and inviolable faith with all nations, and that system of neutrality and impartiality among the belligerent powers of Europe which has been adopted by this Government and so solemnly sanctioned by both Houses of Congress and applauded by the legislatures of the States and the public opinion, until it shall be otherwise ordained b}^ Congress; if a personal esteem for the French nation, formed in a residence of seven years chiefly among them, and a sincere desire to preserve the friendship which has been so much for the honor and interest of both nations; if, while the conscious honor and integrity of the people of America and the internal sentiment' of their own power and energies must be preserved, an earnest endeavor to investigate every just cause and remove every colorable pretense of complaint; if an intention to pursue by amicable negotiation a reparation for the injuries that have been committed on the commerce of our fellow-citizens by whatever nation, and if success can not be obtained, to lay the facts before the Legislature, that they may consider what further measures the honor and Af,-ssaQfs nu,i Papers of the Presidents Jntorcst oi ilic (.'tovornuK-nt ami its coiisLHucnts demand; if a resolution to do juslicv as far as may ilcjKMid upMi me, at all times and to all nations, ami nmiiUain jvacc. friendship, and Unevolence with all the world; if an unshakci\ v-xMifulence in the hoiu)r, s^ irit, and resources of the Amer- ican iKt>j>lc. on which I have so often hazarded my all and never been dccciN-cd; if elcN-atetl ideas of the hip^h des'inies of this country and of my own duties toward it. founded on a knowledp^e of the moral principles and inlflkvtnal improvements of the peo])le deeply engraven on my mind in early life, and not obscured hut exalted by experience and age; and, witlj hiunble reverence, I feel it to be my duty to add, if a veneration for the religion i>f a jK-ople who profess and call themselves Christians, and a fixetl rest)lution to consider a decent respect for Christianity among the Ijcst reconunendations for the public service, can enable me in any degree tt) CT^niply with your wishes, it shall be my strenuous endeavor that this *agacious injunction of the two Houses shall not be without effect. With this great example before me, with the sense and spirit, the faith and honor, the duty and interest, of the same American people pledged to supjxjrt the Constitution of the United States, I entertain no doubt of its contimiance in all its energy, and my mind is prepared without hesi- tation to lay myself under the most solemn obligations to support it to the utmost of my power. And may that Being who is supreme over all, the Patron of Order, the Fountain of Justice, and the Protector in all ages of the world of virtuous liberty, continue His blessing upon this nation and its Gcvernment and give it all possible success and duration consistent with the ends of His proWdence. March 4, 1797. PROCLAMATION. [Prom Annals of Congress, Fifth Congress, Vol. I, 49.] By the President of the United States of. America. A proclamation. WTiereas the Constitution of the United States of America provides that the President may, on extraordinary occasions, convene both Houses of Congress; and Whereas an extraordinary occasion exists for convening Congress, and divers weighty matters claim their consideration: I have therefore thought it necessary to convene, and 1 do by these presents convene, the Congress of the United States of America at the city of Philadelphia, in the Commonwealth of Pennsylvania, on Monday, John Adams 223 the 15th day of May next, hereby requiring the Senators and Represent- atives in the Congress of the United States of America, and every of them, that, laying aside all other matters and cares, they then and there meet and assemble in Congress in order to consult and determine on such measures as in their wisdom shall be deemed meet for the safety and welfare of the said United States. In testimony whereof I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. [sEAi..] Done at the city of Philadelphia, the 25th day of March, A. D. 1797, and of the Independence of the United States of America the tweutv-first. JOHN ADAMS. By the President: Timothy Pickering, Secretary of State. SPECIAL SESSION MESSAGE. United States, May t6, 17 97. Gentlemen of the Senate and Gentlemen of the House of Representatives: The personal inconveniences to the members of the Senate and of the House of Representatives in leaving their families and private affairs at this season of the year are so obvious that I the more regret the extra- ordinary occasion which has rendered the convention of Congress indis- pensable. It would have afforded me the highest satisfaction to have been able to congratulate you on a restoration of peace to the nations of Europe whose animosities have endangered our tranquillity; but we have still abundant cause of gratitude to the Supreme Dispenser of National Bless- ings for general health and promising seasons, for domestic and social hap- piness, for the rapid progress and ample acquisitions of industrj' through extensive territories, for civil, pohtical, and religious liberty. While other states are desolated with foreign war or convulsed with intestine divisions, the United States present the pleasing prospect of a nation governed by mild and equal laws, generally satisfied with the possession of their rights, neither envying the advantages nor fearing the power of other nations, solicitous only for the maintenance of order and justice and the preserva- tion of liberty, increasing daily in their attachment to a system of gov- ernment in proportion to their experience of its utility, yielding a ready and general obedience to laws flowing from the reason and resting on the only solid foundation — the affections of the people J. '4 Af<'ssagrs and Papers of the Presidents It is withoxlrcmc rtxr^-'t Uiat I shall W obliKv^l to turn your thoughts to Dther ciRnunstanccs, which admonish us that some of these felicities may iu>t l)c lasting. Hut if the tide of our prosperity is full and a retlux conuucuciu>i, a vigilant circumsiK-ction becomes us, that we may meet our rcvcnvs with fortitude aud extricate ourselves from their cousequeuces with all the skill we jHxssess and all the efforts in our power. In Ki^>"K to Conj^ress information of the state of the Union and recom- mending to their consideration such measures as appear to me to be nec- essary or ex}Kniient, according to my constitutional duty, the causes aud the objects of the present extraordinary session will be explained. After the President of the United States received information that the French Govenunent had expressed serious discontents at some proceed- ings of the Govenunent of these States said to affect the interests of I'rance, he thought it expedient to send to that country a new minister, fully instructed to enter on such amicable discussions and to give such candid explanations as might happily remove the discontents and suspi- cions of the French Go\-ernment and vindicate the conduct of the United States. For this pur]X)se he selected from among his fellow-citizens a character whose integrity, talents, experience, and services had placed him in the rank of the most esteemed and respected in the nation. The direct object of his mission was expressed in his letter of credence to the French Republic, being "to maintain that good understanding which from the conunencement of the alliance had subsisted between the two nations, axid to efface unfavorable impressions, banish suspicions, and restore that cordiality which was at once the evidence and pledge of a friendly luiion." And his instructions were to the same effect, "faith- fully to represent the disposition of the Government and people of the United States (their disposition being one), to remove jealousies and obvi- ate complaints by shewing that they were groundless, to restore that mutual confidence which had been so unfortunately and injuriously impaired, and to explain the relative interests of both countries and the real sentiments of his own." A minister thus specially commissioned it was expected would have proved the instrument of restoring mutual confidence between the two Republics. The first step of the French Government corresponded with tliat expectation. A few days before his arrival at Paris the French minister of foreign relations informed the American minister then resident at Paris of the formalities to be observed by himself in taking leave, and by his successor preparatory to his reception. These formalities they oljser\-ed, and on the 9th of December presented oflScially to the minister of foreign relations, the one a copy of his letters of recall, the other a copy of his letters of credence. These were laid before the Executive Directory. Two days afterwards the minister of foreign relations informed the recalled American minister that the Executive Directory hud determined not to receive another min- John Adams 225 istcr plenipotentiary from the United States nntil after the redress of grievances demanded of the American Government, and which the French Repubhc had a right to expect from it. The American minister imme- diately endeavored to ascertain whether by refusing to receive him it was intended that he should retire from the territories of the French Republic, and verbal answers were given that such was the intention of the Directory. For his own justification he desired a written answer, but obtained none until toward the last of January, when, receiving notice in writing to quit the territories of the Republic, he proceeded to Amsterdam, where he proposed to wait for instruction from this Gov- ernment. During his residence at Paris cards of hospitality were refused him, and he was threatened with being subjected to the jurisdiction of the minister of police; but with becoming firmness he insisted on the protection of the law of nations due to him as the known minister of a foreign power. You will derive further information from his dispatches, which will be laid before you. As it is often necessary that nations should treat for the mutual advan- tage of their affairs, and especially to accommodate and terminate differ- ences, and as they can treat only by ministers, the right of embassy is well known and established by the law and usage of nations. The refusal on the part of France to receive our minister is, then, the denial of a right; but the refusal to receive him until we have acceded to their demands without discussion and without investigation is to treat us neither as allies nor as friends, nor as a sovereign state. With this conduct of the French Government it will be proper to take into view the public audience given to the late minister of the United States on his taking leave of the Executive Directory. The speech of the President discloses sentiments more alarming than the refusal of a min- ister, because more dangerous to our independence and union, and at the same time studiously marked with indignities toward the Government of the United States. It evinces a disposition to separate the people of the United States from the Government, to persuade them that they have different affections, principles, and interests froiii those of their fellow- citizens whom they themselves have chosen to manage their common concerns, and thus to produce divisions fatal to our peace. Such attempts ought to be repelled with a decision which shall convince France and the world that we are not a degraded people, humiliated under a colonial spirit of fear and sense of inferiority, fitted to be the miserable instruments of foreign influence, and regardless of national honor, char- acter, and interest. I should have been happy to have thrown a veil over these transactions if it had been possible to conceal them; but they have passed on the great theater of the world, in the face of all Europe and America, and with such circumstances of publicity and solemnity that they can not be dis- guised and will not soon be forgotten. They have inflicted a wound in M P — vox, 1--9 3i6 Aff-ssnj^fs and Pn/>rrs of the Presidents the Amciu.m l>ii-.ist. ll is m\ siiKcrc desire, however, that it may lie hctilctl. It is my MJKcre ilesire. ami in this 1 presume 1 eoneur with you and with our a>nstitucuts. to jireserve i>eaee and friendship with all nations; niul iK-licvinjj that neither the hi)ni>r nor the interest of the United States al>solutely fi^rhid the reix-tition i>f advanees for securing these desiral)le objivts with FraiKv. I shall institute a fresh attempt at negotiation, and shall not fail to promote and accelerate an accommodation on terms com- jxitihle with the rights, duties, interests, and honor of the nation. If we have aMumittol errors, and these can be demonstrated, we shall be willing to ct)rTe^-t theuK if we have done injuries, we shall be willing on conviction to reilrcss them; and ecjual measures of justice we have a right to expect from France and every other nation. The diplomatic intercourse between the United States and France being at present susjKMided, the Government has no means of obtaining official infonnation from that country'. Nevertheless, there is reason to believe that the F!)xecutive Directory passed a decree on the 2d of March last con- travening in part the treaty of amity and commerce of 1778, injurious to our lawful commerce and endangering the lives of our citizens. A copy of this decree will be laid before you. While we are endeavoring to adjust all our differences with France by amicable negotiation, the progress of the w^ar in Europe, the depredations on our commerce, the personal injuries to our citizens, and the general complexion of affairs render it my indispensable duty to recommend to your consideration effectual measures of defense. The commerce of the United States has become an interesting object of attention, whether we consider it in relation to the wealth and finances or the strength and resources of the nation. With a seacoast of near 2.000 miles in extent, opening a wide field for fisheries, navigation, and commerce, a great portion of our citizens naturally apply their industry and enterprise to these objects. Any serious and permanent injury to commerce would not fail to produce the most embarrassing disorders. To prevent it from being undermined and destroyed it is essential that it receive an adequate protection. The naval establishment must occur to every man who considers the injuries committed on our commerce, the insults offered to our citizens, and the description of vessels by which these abuses have been practiced. As the sufTerings of our mercantile and seafaring citizens can not be ascrilxrd to the omission of duties demandable, considering the neutral situation of our country, they are to be attributed to the hope of impu- nity arising from a supposed inability on our part to afford protection. To resist the consequences of such impressions on the minds of foreign nations and to guard against the degradation and servility which they must finally stamp on the American character is an important duty of Government. John Adatns 227 A naval power, next to the militia, is the natural defense of the United States. The experience of the last war would be sufficient to shew that a moderate naval force, such as would be easily within the present abili- ties of the Union, would have been sufficient to have baffled many for- midable transportations of troops from one State to another, which were then practiced. Our seacoasts, from their great extent, are more easily annoyed and more easily defended by a naval force than any other. With all the materials our country abounds; in skill our naval architects and navigators are equal to any, and commanders and seamen will not be wanting. But although the establishment of a permanent sy.stem of naval defense appears to be requisite, I am sensible it can not be formed so speedily and extensively as the present crisis demands. Hitherto I have thought proper to prev^ent the sailing of armed vessels except on voy- ages to the East Indies, where general usage and the danger from pirates appeared to render the permission proper. Yet the restriction has origi- nated solely from a wish to prevent collisions with the powers at war, contravening the act of Congress of June, 1794, and not from any doubt entertained by me of the policy and propriety of permitting our vessels to employ means of defense while engaged in a lawful foreign commerce. It remains for Congress to prescribe such regulations as will enable our seafaring citizens to defend themselves against violations of the law of nations, and at the same time restrain them from committing acts of hostility against the powers at war. In addition to this voluntary pro- vision for defense by individual citizens, it appears to me necessary to equip the frigates, and provide other vessels of inferior force, to take under convoy such merchant vessels as shall remain unarmed. The greater part of the cruisers whose depredations have been most injurious have been built and some of them partially equipped in the United States. Although an effectual remedy may be attended with difficult}^ yet I have thought it my duty to present the subject gener- ally to your consideration. If a mode can be devised by the wisdom of Congress to prevent the resources of the United States from being con- verted into the means of annoying our trade, a great evil will be prevented. With the same view, I think it proper to mention that some of our citi- zens resident abroad have fitted out privateers, and others have volun- tarily taken the command, or entered on board of them, and committed spoliations on the commerce of the United States. Such unnatural and iniquitous practices can be restrained only by severe punishments. But besides a protection of our commerce on the seas, I think it highly necessary to protect it at home, where it is collected in our most impor- tant ports. The distance of the United States from Europe and the well-known promptitude, ardor, and courage of the people in defense of their country happily diminish the probability of invasion. Neverthe- less, to guard against sudden and predatory incursious the situation of 3 j3 M<'ssagfs and Papers of the Ptesidcnts some of onr princiixil seaix)rts ilemauds >c)ur consideration. And as our ctxintn- Is vulncnihle in other interests Ixrsides those of its commerce, you will sc'riously dclilvnitc whether tlie means of general defense ought not to Iv incrvivscil hy an addiiion to the regular artillery and cavalry, and by arrangements for fonning a provisional army. With the same view, and as a measure which, even in a time of univer- &il iK*ace, ought not ti> l)e neglected. I recommend to your consideration a rcvisira of the laws for t>rgani/ing, anning, and disciplining the militia, to render that natural and safe defense of the country efl&cacious. Although it is very true that we ought not to involve ourselves in the political s>-stem of liurope, but to keep ourselves always distinct and Scivirate from it if we can, yet to effect this separation, early, punctual, and ctMitinual infonnation of the current chain of events and of the ptjlitical projects in contemplation is no less necessary than if we were ilirectly concerned in them. It is necessary, in order to the discovery of the efforts made to draw us into the vortex, in season to make preparations against them. However we may consider ourselves, the maritime and cinnmercial jxjwers of the world will consider the United States of America as fonning a weight in that balance of power in Europe which never can l)e forgotten or neglected. It would not only be against our interest, but it would be doing wTong to one-half of Europe, at least, if we should voluntarily throw ourselves into either scale. It is a natural policy for a nation that studies to be neutral to consult with other nations engaged in the same studies and pursuits. At the same time that measures might be pursued with this view, our treaties with Prussia and Sweden, one of which is expired and the other near expiring, might be renewed. Gentlemen of the House of Representatives: It is particularly your province to consider the state of the public finances, and to adopt such measures respecting them as exigencies shall be found to require. The preservation of public credit, the regular extin- guishment of the public debt, and a provision of funds to defray any extraordinar>' expenses will of course call for your serious attention. Although the imposition of new burthens can not be in itself agreeable, yet there is no ground to doubt that the American people will expect from you such measures as their actual engagements, their present secu- rity, and future interests demand. Gentlemen of the Senate and Gentlemen of the House of Representatives: The present situation of our country imposes an obhgation on all the departments of Government to adopt an exphcit and decided conduct. In my situation an exposition of the principles by which my Admini.stra- tioii will Ix: governed ought not to be omitted. It is imj>cjssible to conceal fnjm ourselves or the world what has been before observed, that endeavors have been employed to foster and estab- John Adams 229 Hsh a division between the Government and people of the United States. To invevStigate the causes which have encouraged this attempt is not neces- sary; but to repel; by decided and united councils, insinuations so derog- atory to the honor and aggressions so dangerous to the Constitution, union, and even independence of the nation is an indispensable duty. It must not be permitted to be doubted w^hether the people of the United States will support the Government established by their volun- tary consent and appointed by their free choice, or whether, by surren- dering themselves to the direction of foreign and domestic factions, in opposition to their own Government, they will forfeit the honorable sta- tion they have hitherto maintained. For myself, having never been indifferent to what concerned the inter- ests of my country, devoted the best part of my hfe to obtain and support its independence, and constantly witnessed the patriotism, fidelity, and perseverance of my fellow-citizens on the most trying occasions, it is not for me to hesitate or abandon a cause in which my heart has been so long engaged. Convinced that the conduct of the Government has been just and impartial to foreign nations, that those internal regulations which have been established by law for the preservation of peace are in their nature proper, and that they have been fairly executed, nothing will e-^'-er be done by me to impair the national engagements, to innovate upon prin- ciples which have been so deliberately and uprightly established,, or to surrender in any manner the rights of the Government. To enable me to maintain this declaration I rely, under God, with entire confidence on the firm and enlightened support of the National L,egislature and upon the virtue and patriotism of my fellow-citizens. JOHN ADAMS. ADDRESS OF THE SENATE TO JOHN ADAMS, PRESIDENT OF THE UNITED STATES. Sir: The Senate of the United States request you to accept theii acknowledgments for the comprehensive and interesting detail you have given in your speech to both Houses of Congress on the existing state of the Union. While we regret the necessity of the present meeting of the Legisla- ture, we wish to express our entire approbation of your conduct in con- vening it on this momentous occasion. The superintendence of our national faith, honor, and dignity being in a great measure constitutionally deposited with the Executive, we observe with singular satisfaction the vigilance, firmness, and prompti- tude exhibited by you in this critical state of our public affairs, and from thence derive an evidence and pledge of the rectitude and integrity of your Administration. And we are sensible it is an object of primary 330 Af(Ssa(^rs and Paftcrs of the 1 V isidcuts iininirtancotlK»t (.arh l>i,iinli of the {•<)\rnni\tMi( should adopt a language niul svstiMH of rondiut which shall be cool, jtisl, and dispassionate, hut finn. explicit, and dccitlcd. ^\■e are oiually desirous with you to preserve peace and friendship with all nations, and are happy to be informed that neither the lionor !u»r interests of the ITnited States forbid advances for securing those desirable objects by amicable negotiation with the French Republic. This metluxl of adjusting national differences is not only the most mild, but the most rational and humane, and with governments disposed to be just can seldom fail of success when fairly, candidly, and sincerely used. If we have connnitted errors and can be made sensible of them, we agree with you in opinion that we ought to correct them, and compensate the injuries which may have been consequent thereon; and we trust the French Republic will be actuated by the same just and benevolent prin- ciples of national policy. We do therefore most sincere!}' approve of your determination to pro- mote and accelerate an accommodation of our existing differences with that Republic by negotiation, on terms compatible with the rights, duties, interests, and honor of our nation. And you maj^ rest assured of our most cordial cooperation so far as it may become necessary in this pursuit. Peace and harmony with all nations is our sincere wish; but such being the lot of humanity that nations will not always reciprocate peaceable dispositions, it is our firm l^elief that effectual measures of defense will t«nd to inspire that national self-respect and confidence at home which is the unfailing source of respectability abroad, to check aggression and prevent war. While we are endeavoring to adjust our differences with the French Republic by amicable negotiation, the progress of the war in Kurope, the depredations on our commerce, the personal injuries to our citizens, and the general complexion of a£Fairs prove to us your vigilant care in recommending to our attention effectual measures of defense. Those which 3'ou recommend, whether they relate to external defense by permitting our citizens to arm for the purpose of repelling aggressions on their commercial rights, and by providing sea convo3'S, or to inter- nal defen.se by increasing the establishments of artillery and cavalry, by forming a provisional army, by re\'ising the militia laws, and fortifying more completely our ports and harbors, will meet our consideration under the influence of the same just regard for the security, interest, and honor of our country which dictated your recommendation. Practices so unnatural and iniquitous as those you state, of our own citizens converting their property and personal exertions into the means of annoying our trade and injuring their fellow-citizens, deserve legal severity commensurate with their turpitude. Although the Senate believe that the prosperity and happiness of our country does not depend on general and extensive political connections John Adams 231 with European nations, yet we can never lose sight of the propriety as well as necessity of enabling the Executive, Ijy sufficient and liberal sup- plies, to maintain and even extend our foreign intercourse as exigencies may require, reposing full confidence in the Executive, in whom the Constitution has placed the powers of negotiation. We learn with sincere concern that attempts are in operation to alienate the affections of our fellow-citizens from their Government. Attempts so wicked, wherever they exist, can not fail to excite our utmost abhor- rence. A government chosen by the people for their own safety and happiness, and calculated to secure both, can not lose their affections so long as its administration pursues the principles upon which it was erected; and your resolution to observe a conduct just and impartial to all nations, a sacred regard to our national engagements, and not to impair the rights of our Government, contains principles which can not fail to secure to your Administration the support of the National Legislature to render abortive every attempt to excite dangerous jealousies among us, and to convince the world that our Government and yot^r adminis- tration of it can not be separated from the affectionate support of every good citizen. And the Senate can not suffer the present occasion to pass without thus publicly and solemnly expressing their attachment to the Constitution and Government of their country; and as they hold them- selves responsible to their constituents, their consciences, and their God, it is their determination by all their exertions to repel every attempt to alienate the affections of the people from the Government, so highly inju- rious to the honor, safety, and independence of the United States. We are happy, since our sentiments on the subject are in perfect unison with yours, in this public manner to declare that we beUeve the conduct of the Government has been just and impartial to foreign nations, and that those internal regulations which have been estabHshed for the preser- vation of peace are in their nature proper and have been fairly executed. And we are equally happy in possessing an entire confidence in your abilities and exertions in your station to maintain untarnished the honor, preserve the peace, and support the independence of our country, to acquire and establish which, in connection with your fellow-citizens, has been the virtuous effort of a principal part of your life. To aid you in these arduous and honorable exertions, as it is our duty so it shall be our faithful endeavor ; and we flatter ourselves, sir, that the proceedings of the present session of Congress will manifest to the world that although the United States love peace, they will be independ- ent; that they are sincere in their declarations to be just to the French and all other nations, and expect the same in return. If a sense of justice, a love of moderation and peace, shall influence their councils, which we sincerely hope we shall have just grounds to expect, peace and amity between the United States and all uatioos will be preserved. .*iJ Aftssaj^e's tttui Piiprrs of the Presidents Hui if we art- st> uuloilinuitc as to experience injuries from any for- ci>r» inrnxT. nntl the ordinary nietluxls by which differences are amica- bly ad just etl U-t\veiMi nations shall l>e rejected, the determination "not to surrender in any matuier the rij::hts of the Government," l^eing so insci»niMy connected with the di>;nity, interest, and independence of our couulry, shall by us be steadily and inviolably supported. TH: JI-:FFERS0N. Vice-President of the United States and President of the Se?iate. May .\^. 1797. RKriA* OF TIIK TRRSIDENT. J/r. Via- President and Gentleincn of the Seiiate: It would be an affectation iu me to dissemble the pleasure I feel on receiving this kind address. My long experience of the wisdom, fortitude, and patriotism of the Sen- ate of the United States enhances in my estimation the value of those obliging expressions of your approbation of my conduct, which are a generous reward for the past and an affecting encouragement to constancy and perseverance in future. Our sentiments appear to be so entirely in unison that I can not but believe them to be the rational result of the understandings and the nat- ural feelings of the hearts of Americans in general on contemplating the present state of the nation. While such principles and affections prevail they wall form an indis- soluble bond of union and a sure pledge that our country has no essen- tial injur>' to apprehend from any portentous appearances abroad. In a humble reliance on Di\4ne Providence we may rest assured that while we reiterate with sincerity our endeavors to accommodate all our differ- ences with France, the independence of our country can not be diminished, its dignity degraded, or its glory tarnished by any nation or combination of nations, whether friends or enemies. JOHN ADAMS. May 24, 1797. address of the house of representatives to john adams, president of the united states. Sir : The interesting details of those events which have rendered the convention of Congress at this time indispensable (communicated in your speech to both Houses; has excited in us the strongest emotions. Whilst we regret the occasion, we can not omit to testify our approbation of the measure, and pledge ourselves that no considerations of private inconven- ience shall prevent on our part a faithful discharge of the duties to which we are called John Adams *33 We have constantly hojied that the nations of Europe, whilst desolated by foreign wars or convulsed by intestine divisions, would have left the United States to enjoy that peace and tranquillity to which the impartial conduct of our Government has entitled us, and it is now with extreme regret we find the measures of the French Republic tending to endanger a situation so desirable and interesting to our country. Upon this occasion we feel it our duty to express in the most explicit manner the sensations which the present crisis has excited, and to assure you of our zealous cooperation in those measures which may appear nec- essary for our security or peace. Although it is the earnest wi.sh of our hearts that peace may be main- tained with the French Republic and with all the world, yet we never will surrender those rights which belong to us as a nation; and whilst we view with satisfaction the wisdom, dignity, and moderation which have marked the measures of the Supreme Executive of our country in his attempt to remove by candid explanations the complaints and jealousies of France, we feel the full force of that indignity which has been offered our country in the rejection of its minister. No attempts to wound our rights as a sovereign State will escape the notice of our constituents. They will be felt with indignation and repelled with that decision v;hich shall convince the world that we are not a degraded people; that we can never submit to the demands of a foreign power without examination and without discussion. Knowing as we do the confidence reposed by the people of the United States in their Government, we cannot hesitate in expressing our indig- nation at any sentiments tending to derogate from that confidence. Such sentiments, wherever entertained, serve to evince an imperfect knowl- edge of the opinions of our constituents. An attempt to separate the people of the United States from their Government is an attempt to sep arate them from themselves; and although foreigners who know not the genius of our country may liave conceived the project, and foreign emissaries may attempt the execution, yet the united efforts of our fellow- citizens will convince the world of its impracticability. Sensibly as we feel the wound which has been inflicted by the trans- actions disclosed in your communications, yet we think with you that neither the honor nor the interest of the United States forbid the repeti- tion of advances for preserving peace; we therefore receive with the utmost satisfaction your information that a fresh attempt at negotiation will be instituted, and we cherish the hope that a mutual spirit of con- ciliation, and a disposition on the part of France to compensate for any injuries which may have been committed upon our neutral rights, and on the part of the United States to place France on grounds similar to those of other countries in their relation and connection with us (if any inequali- ties shall be found to exist), will produce an accommodation compatible with the engagements, rights, duties, and honor of the United States. 334 Aff-ssat^ts and Ptip^rs of the Presidents Fully, howcwr. impresscil with tlic imcvt taint y of the resnlt, we shall prcjiiirc to meet with tortitmlc any initavorahle events which may occur, and to extricate Durselves from tlieir oonsetiuenccs with all the skill we posjess ami all the etTorts in our {H)wer. Believing with you that the conduct of the Government has Ix-vn just ami impartial to foreign nations, that the laws f«)r the preservation of peace have been proper, and that they have Ikvu fairly executed, the Representatives of the jieople do not hesitate ti> declare that they will give their most cordial support to the extvution of princijiles so delil^erately and uprightly established. The manv interesting .subjects which you have recommended to our consideration, and which are .so strongly enforced by this momentous occasion, will receive every attention which their importance demands, and we tnist that, by the decided and explicit conduct which will govern our deliberations, every insinuation will be repelled which is derogatory to the honor and independence of our country. Permit us in ofTering this address to express our satisfaction at your promotion to the first office in the Government and our entire confidence that the preeminent talents and patriotism which have placed you in this distinguished situation vnW enable 3'ou to discharge its various duties with satisfaction to yourself and advantage to our common country. June 2, 1797. REPLY OF THE PRESIDENT. Mr. Speaker and Gentleineyi of the Hotise of Representatives: I receive with great satisfaction your candid approbation of the con- vention of Congress, and thank you for your assiu-ances that the inter- esting subjects recommended to j^our consideration shall receive the attention which their importance demands, and that your cooperation may be expected in those measures which may appear necessary for our security or peace. The declarations of the Representatives of this nation of their satisfac- tion at my promotion to the first office in this Government and of their confidence in my sincere endeavors to discharge the various duties of it with advantage to our common country have excited my most grateful sensibility. I pray you, gentlemen, to believe and to communicate such a.ssurance to our constituents that no event which I can foresee to be attainable by any exertions in the discharge of my duties can afford me so much cor- dial satisfaction as to conduct a negotiation with the French Republic to a removal of prejudices, a correction of errors, a dissipation of umbrages, an accommodation of all differences, and a restoration of harmony and affection to the mutual satisfaction of both nations. And whenever the John Adams 235 legitimate organs of intercourse shall be restored and the real sentiments of the two Governments can be candidly communicated to each other, although strongly impressed with the necessity of collecting ourselves into a manly posture of defense, I nevertheless entertain an encouraging confidence that a mutual spirit of conciliation, a disposition to compensate injuries and accommodate each other in all our relations and connections, will produce an agreement to a treaty consistent with the engagements, rights, duties, and honor of both nations. JOHN ADAMS. June 3, 1797. SPECIAL MESSAGES. United States, May 26, 1797. Ge7itlenien of the Senate: I lay before you, for your consideration and advice, a treaty of perpetual peace and friendship between the United States of America and the Bey and subjects of Tripoli, of Barbary, concluded at Tripoli on the 4th day of November, 1796. JOHN ADAMS. United States, May ji, 1797. Gentlemen of the Senate: I nominate General Charles Cotesworth Pinckney, of South Carolina, Francis Dana, chief justice of the State of Massachusetts, and General John Marshall, of Virginia, to be jointly and severalty envoys extraordi- nary and ministers plenipotentiary to the French Republic. After mature deliberation on the critical situation of our relations with France, which have long engaged my most serious attention, I have determined on these nominations of persons to negotiate with the French Republic to dissipate umbrages, to remove prejudices, to rectify errors, and adjust all differences by a treaty between the two powers. It is in the present critical and singular circumstances of great impor- tance to engage the confidence of the great portions of the Union in the characters employed and the measures which may be adopted. I have therefore thought it expedient to nominate persons of talents and integ- rity, long known and intrusted in the three great divisions of the Union, and at the .same time, to provide against the cases of death, absence, indis- position, or other impediment. <^o invest any one or more of them with full powers. JOHN ADAMS. 3\0 Messages and Papers of the Presidents Unitko Statics, Junf 12, 1797. GrnilrmfH 0/ thf Senatf and GniUnuoi of I he J louse of Representatives: I have rcccivcil infonnatioii from the conmiissiotier appointed oti the jurt of the Vnilcvl States, pursuant to the third article of our treaty with Siviin, that the rumiiu^' ami markiuj^ of the lx)undary line between the colonies of l%ast and West Floriila and the territory of the United States have Uvn ilelayed hy the ofhcers of His Catholic Majesty, and that they have dtvlart^l their intention to maintain his jurisdiction, and to suspend the withilrawinjx his trtx)ps from the military posts they occupy within the territi>n,- of the ITnited vStates until the two Governments shall, by negotiation, have settled the meaning of the second article respecting the withdniwing of the troops, garrisons, or settlements of either party in the territory of the other — that is, whether, when the vSpanish garri- stius withdraw, the>- are to leave the works standing or to demolish them — and until, by an additional article to the treaty, the real property of the inhabitants shall be secured, and, likewise, luitil the Spanish officers are sure the Indians will be pacific. The two first questions, if to be detennineil by negotiation, might be made subjects of discussion for years, and as no limitation of time can be prescribed to the other, a certainty in the opinion of the Spanish officers that the Indians will be pacific, it will be impossible to suffer it to remain an obstacle to the fulfillment of the treaty on the part of Spain. To remove the first diflSculty, I have determined to leave it to the discretion of the ofiicers of His Catholic Majesty when they withdraw his troops from the forts within the territory of the United States, either to leave the works standing or to demolish them ; and to remove the second I shall cause an assurance to be published and to be particularly communicated to the minister of His Catholic Majesty and to the gov- ernor of Louisiana that the settlers or occupants of the lands in question shall not Ik.* disturljed in their possessions by the troops of the United States, but, on the contrary, that they shall be protected in all their lawful claims; and to prevent or remove every doubt on this point it merits the consideration of Congress whether it will not be expedient immediately to pass a law giving positive assurances to those inhabitants who, by fair and regular grants or by occupancy, have obtained legal titles or equi- table claims to lands in that country prior to the final ratification of the treaty between the United States and Spain on the 25tli of April, 1796. This countr>' is rendered peculiarly valuable by its inhabitants, who are represented to amount to nearly 4,000, generally' well affected and much attached to the United States, and zealous for the establishment of a government under their authority. I therefore reconnnend to your consideration the expediency' of erecting a government in the district of the Natchez similar to that established for the territory northwest of the river Ohio, but with certain modifica- John Adams 237 tioiis relative to titles or claims of land, whether of individuals or com- pauies, or to claims of jurisdiction of any individual State. JOHN ADAMS. United States, June 22, 1797. Gentlemen of the Hoiise of Representatives: Immediately after I had received your resolution of the loth of June, requesting a report respecting the depredations committed on the com- merce of the United States since the ist of October, 1796, specifying the name of the vessel taken, where bound to or from, species of lading, the value (when it can be ascertained) of the vessel and cargo taken, and by what power captured, particularizing those which have been actually condemned, together with the proper documents to ascertain the same, I directed a collection to be made of all such information as should be found in the possession of the Government; in consequence of which the Sec- retary^ of State has made the report and the collection of documents which accompany this message, and are now laid before the House of Repre- sentatives in compliance with their desire. JOHN ADAMS. United St at-es, June 2j, 17 97. Gentlemen of the Senate and of the House of Represe7itatives: The Dey of Algiers has manifested a predilection for American-built vessels, and in consequence has desired that two vessels might be con- structed and equipped as cruisers according to the choice and taste of Captain O'Brien. The cost of two such vessels built with hve oak and cedar, and coppered, with guns and all other equipments complete, is estimated at $45,000. The expense of navigating them to Algiers may perhaps be compensated by the freight of the stores with which they may be loaded on account of our stipulations by treaty with the Dey. A comphance with the Dey's request appears to me to be of serious importance. He will repay the whole expense of building and equipping the two vessels, and as he has advanced the price of our peace with Tripoli, and become pledged for that of Tunis, the United States seem to be under peculiar obligations to provide this accommodation, and I trust that Congress will authorize the advance of money necessary for that purpose. It also appears to be of importance to place at Algiers a person as consul in whose integrity and abihty much confidence may be placed, to whom a considerable latitude of discretion should be allowed, for the interest of the United States in relation to their commerce. That country 3^ii Afrssnj^rs art if Papers of the Presidents b si> rrmote as to ivtulcr it iinpractKaUK' for the consul to ask atul receive instnutions ii\ sinMcii ciuer^cncics. He may sometimes fitul it necessary to make instant enj^ajL^ements for numey or its equivalent, to prevent grratcr cxixmiscs or more serious evils. We can hardly hope to escape occasions of tliscv>ntent proceedinj:: from the Regency or arising from the mJsi-xinducl or even the misfortunes of our commercial vessels navigat- ing in the Me'. I should confer on such a consul a superin- tending power over the consulates for the States of Tunis and Tripoli, especially in respect to pecuniary engagements, which should not be made without his approbation. While the present salar>- of $2,000 a year appears adequate to the consulates of Tunis and Tripoli, twice that sum probably will be requisite for Algiers. JOHN ADAMS. United States, July j, 17 gy. Gentlemen 0/ the Senate and Gentlcmc7i of the House of Representatives: The whole of the intelUgence which has for some time past been received from abroad, the correspondences between this Government and the ministers of the belligerent powers residing here, and the advices from the officers of the United States, civil and military, upon the frontiers all conspire to shew in a very strong light the critical situation of our countr>-. That Congress might be enabled to form a more perfect judg- ment of it and of the measures necessary to be taken, I have directed the proper officers to prepare such collections of extracts from the public correspondences as might afford the clearest information. The reports made to me from the Secretary of State and the Secretary of War, with a collection of documents from each of them, are now communicated to bfjth Houses of Congress. I have desired that the message, reports, and documents may be considered as confidential merely that the members of both Houses of Congress may be apprised of their contents before they should be made public. As soon as the two Houses shall have heard them, I shall submit to their discretion the publication of the whole, or any such parts of them as they shall judge necessary or expedient for the public good. JOHN ADAMS. John Adams 239 PROCLAMATION. By John Adams, thk Prksidrni" of the United States of America. A proclamation. Whereas an act of the Congress of the United States was passed on the 9th day of February, 1793, entitled "An act regulating foreign coins, and for other purposes," in which it was enacted "that foreign gold and silver coins shall pass current as money within the United States and be a legal tender for the payment of all debts and demands ' ' at the several and respective rates therein stated; and that "at the expiration of three years next ensuing the time when the coinage of gold and silver agreeably to the act intituled "An act establishing a mint and regulating the coins of the United States ' ' shall commence at the Mint of the United States (which time shall be announced by the proclamation of the President of the United States), all foreign gold coins and all foreign silver coins, except Spanish milled dollars and parts of such dollars, shall cease to be a legal tender as aforesaid: Now, therefore, I, the said John Adams, President of the United States, hereby proclaim, announce, and give notice to all whom it may concern that, agreeably to the act last above mentioned, the coinage of silver at the Mint of the United States commenced on the 15th day of October, 1794, and the coinage of gold on the 31st day of July, 1795; and that consequently, in conformity to the act first above mentioned, all foreign silver coins, except Spanish milled dollars and parts of such dollars, will cease to pass current as money within the United States and to be a legal tender for the payment of any debts or demands after the 15th day of October next, and all foreign gold coins will cease to pass current as money within the United States and to be a legal tender as aforesaid for the payment of any debts or demands after the 31st day of July, which will be A. D. 1798. In testimony whereof I have caused the seal of the United States to be aflSxed to these presents, and signed the same with my hand. [seal.] Done at Philadelphia, the 22d day of July, A. D. 1797, and of the Independence of the United States the twenty-second. JOHN ADAMS. By the President: Timothy Pickering, Secretary of State. a^o Mfssa^es and Papers of the Presidents l-IRST AXXI'AL ADDRESS. ITnitivD Statics, November 22^ J797- GeHtlnHfn of ihf Senate a)ui Cenilemen of the House of Representatives: I was fi>r stitne lime apprehensive that it would be necessary, on account of the contaKious sickness which afflicted the city of Philadelphia, to con- \*cnc the National I^j^islatnre at some other place. This measure it was tlesirahlc to avoid, Ixxrause it would occasion nuich public inconvenience and a considerable public expense and add to the calamities of the inhab- itants of this city, whose sufTerings must have excited the sympathy of all their fellow -citizens. Therefore, after taking measures to a.scertain the state and decline of the sickness, I postponed my determination, hav- itig h(^pcs, now hajipily realized, that, without hazard to the lives or health of the members, Congress might assemble at this place, where it was next by law to meet. I submit, however, to your consideration whether a power to postpone the meeting of Congress, without passing the time fixed by the Constitution upon such occasions, would not be a useful amendment to the law of 1794. Although I can not yet congratulate you on the reestablishment of peace in Europe and the restoration of 3ecunty to the persons and prop- erties of our citizens from injustice and violence at sea, we have, never- theless, abundant cause of gratitude to the source of benevolence and influence for interior tranquillity and personal securit}^ for propitious seasons, prosperous agriculture, productive fisheries, ? id general improve- ments, and, above all, for a rational spirit of civil and religious liberty and a calm but steady determination to support our sovereignty, as well as our moral and our religious principles, against all open and secret attacks. Our envoys extraordinary to the French Republic embarked — one in July, the other early in August — to join their colleague in Holland. I have received intelligence of the arrival of both of them in Holland, from whence they all proceeded on their journeys to Paris within a few days of the 19th of September. Whatever may be the result of this mis- sion, I tru.st that nothing will have been omitted on my part to conduct the negotiation to a successful conclusion, on such equitable terms as may 1^ compatible with the safety, honor, and interest of the United States. Nothing, in the meantime, will contribute so much to the preservation of peace and the attainment of justice as a manifestation of that energy and unanimity of which on many former occasions the people of the United States have given such memorable proofs, and the exertion of those resources for national defense which a beneficent Providence has kindly placed within their ixnver. It may be confidently asserted that nothing has occurred since tlie John Adams 341 adjournment of Congress which renders inexpedient those precautionary measures recommended by me to the consideration of the two Houses at the opening of your late extraordinary session. If that system was then prudent, it is more so now, as increasing depredations strengthen the reasons for its adoption. Indeed, whatever may be the issue of the negotiation with France, and whether the war in Europe is or is not to continue, I hold it most cer- tain that permanent tranquillity and order will not soon be obtained. The state of society has so long been disturbed, the sense of moral and religious obligations so much weakened, public faith and national honor have been so impaired, respect to treaties has been so diminished, and the law of nations has lost so much of its force, while pride, ambition, avarice, and violence have teen so long unrestrained, there remains no reasonable ground on which to raise an expectation that a commerce without protection or defense will not be plundered. The commerce of the United States is essential, if not to their exist- ence, at least to their comfort, their growth, prosperity, and happiness. The genius, character, and habits of the people are highly commercial. Their cities have been formed and exist upon commerce. Our agricul- ture, fisheries, arts, and manufactures are connected with and depend upon it. In short, commerce has made this country what it is, and it can not be destroyed or neglected without involving the people in poverty and distress. Great numbers are directly and solely supported by navigation. The faith of society is pledged for the preservation of the rights of com- mercial and seafaring no less than of the other citizens. Under this view of our affairs, I should hold myself guilty of a neglect of duty if I forbore to recommend that we should make every exertion to protect our com- merce and to place our country in a suitable postm-e of defense as the only sure means of preserving both. I have entertained an expectation that it would have been in my power at the opening of this session to have communicated to you the agreeable information of the due execution of our treaty with His Catholic Majesty respecting the withdrawing of his troops from our territory and the demarcation of the line of limits, but by the latest authentic intelli- gence Spanish garrisons were still continued within otu* country, and the running of the boundary line had not been commenced. These cir- cumstances are the more to be regretted as they can not fail to affect the Indians in a manner injurious to the United States. Still, however, indulging the hope that the answ^ers which have been given will remove the objections offered by the Spanish ofl&cers to the immediate execution of the treaty, I have judged it proper that we should continue in readi- ness to receive the posts and to run the line of limits. Further informa- tion on this subject will be communicated in the course of the session. In connection with this unpleasant state of things on our western frontier it is proper for me to mention the attempts of foreign agents to :^3 ATrssai^rs and Papers ofthf Presidents ahcnalc ihcaflcctions i»f the Indian nations and to excite them to actual hoeitihtics against the Unitetl States. Great activity has been exerted by th««?<' jvrstMis who have insituiatcil themselves anionj:: the Indian tril)es rcsithni; wiihiti the territory of tlie rnited States to influence them to transfer their afTivtions antl force to a foreign nation, to form them into a ctMifiileracy. anil prepare them for war against the United States. Although measures have l)een taken to counteract these infractions of our rights, to prevent Indian hostihtics, and to preserve entire their attach- ment to the United States, it is my duty to observe that to give a better effect to these measures and to obviate the consequences of a repetition of such practices a law pro\idiug adequate punishment for such offenses may Ix: necessan.'. The conunissioners appointed under the fifth article of the treaty of amity, commerce, and navigation between the United States and Great Britain to ascertain the river which was truly intended under the name of the river St. Croix mentioned in the treaty of peace, met at Passama- quoddy Bay in October, 1796, and viewed the mouths of the rivers in question and the adjacent shores and islands, and, being of opinion that actual surveys of both rivers to their sotu-ces were necessar}^ gave to the agents of the two nations instructions for that purpose, and adjourned to meet at Boston in August. They met, but the sur\'eys requiring more time than had been .supposed, and not being then completed, the com- missioners again adjourned, to meet at Providence, in the State of Rhode Island, in June next, when we may expect a final examination and decision. The commissioners appointed in pursuance of the sixth article of the treaty met at Philadelphia in May last to examine the claims of British subjects for debts contracted before the peace and still remaining due to them from citizens or inhabitants of the United States. Various causes have hitherto prevented any determinations, but the business is now resumed, and doubtless will be prosecuted without interruption. Several decisions on the claims of citizens of the United States for losses and damages sustained by reason of irregular and illegal captures or condemnations of their vessels or other property have been made by the commissioners in London comformably to the seventh article of the treaty. The sums awarded by the commissioners have been paid by the British Government. A considerable number of other claims, where costs and damages, and not captured property, were the only objects in question, have been decided by arbitration, and the sums awarded to the citizens of the United States have also been paid. The commi.ssioners appointed agreeably to the twenty-first article of our treaty with Spain met at Philadelphia in the summer past to exam- ine and decide on the claims of our citizens for losses they have sus- tained in consequence of their vessels and cargoes having been taken by the subjects of His Catholic Majesty during the late war betwee« John Adams 243 Spniii and France. Their sittings have been interrupted, but are now resntncd. The United States being obhgated to make compensation for the losses and damages sustained by British subjects, upon the award of the com- missioners acting under the sixth article of the treaty with Great Britain, and for the losses and damages vsustained by British subjects by reason of the capture of their vessels and merchandise taken within the limits and jurisdiction of the United States and brought into their ports, or taken by vessels originally armed in ports of the United States, upon the awards of the commissioners acting under the seventh article of the same treaty, it is necessary that provision be made for fulfilling these obligations. The numerous captures of American vessels by the cruisers of the French Republic and of some by those of Spain have occasioned consid- erable expenses in making and supporting the claims of our citizens before their tribunals. The sums required for this purpose have in divers instances been disbursed by the consuls of the United States. By means of the same captures great numbers of our seamen have been thrown ashore in foreign countries, destitute of all means of subsist- ence, and the sick in particular have been exposed to grievous sufferings. The consuls have in these cases also advanced moneys for their relief. For these advances they reasonably expect reimbursements from the United States. The consular act relative to seamen requires revision and amendment. The provisions for their support in foreign countries and for their return are found to be inadequate and ineffectual. Another provision seems nec- essary to be added to the consular act. Some foreign vessels have been discovered sailing under the flag of the United States and with forged papers. It seldom happens that the consuls can detect this deception, because they have no authority to demand an inspection of the registers and sea letters. Gentlemen of the House of Representatives.' It is my duty to recommend to your serious consideration those objects which by the Constitution are placed particularly within your sphere — the national debts and taxes. Since the decay of the feudal system, by which the public defense was provided for chiefly at the expense of individuals, the system of loans has been introduced, and as no nation can raise within the year by taxes sufficient sums for its defense and military operations in time of war, the sums loaned and debts contracted have necessarily become the sub- jects of what have been called funding systems. The consequences arising from the continual accumulation of public debts in other countries ought to admonish us to be careful to prevent their growth in our own. The national defense must be provided for as well as the support of :.\.\ Afrssnj^rs and Papers of thf Presidents Crt»vcnuncnt ; l»»t Ixtth sIiduKI K* accoinnlislu'd as iimcli as possible by iiunuHlialo taxc.N. ami as little as iH)Ssiblc by loans. The estimates for the sen-ice of the eusuiug year will by my direction be Uiiil l^efore you. GrntUmrti of the Senate and Genileynen of the House of Representatives: We are met together at a most interesting period. The situations of the principal jwwers of Europe are singular and portentous. Connected with .some by treaties and with all by commerce, no important event there can Ix.* indifTerent to us. Such circumstances call with peculiar imixtrtutiity not less for a disposition to unite in all those mea.sures on which the honor, safety, and prosperity of our country depend than for all the exertions of wisdom and firmness. In all such measures you may rely on my zealous and hearty concur- rence. JOHN ADAMS. ADDRESS OF THE SENATE TO JOHN ADAMS, PRESIDENT OF THE UNITED STATES. The President of the United States, Sir: The communications you thought proper to make in your speech to both Houses of Congress on the opening of their present session afford additional proofs of the attention, integrity, and firmness which have always marked your oflScial character. We can not but approve of the measures you had taken to ascertain the .state and decline of the contagious .sickness which has so lately afflicted the city of Philadelphia, and the plea.sing circumstance that Con- gress is now assembled at that place without hazard to the health of its members evinces the propriety of j'our having postponed a determination to convene the National Legislature at another place. We shall take into consideration the law of 1794 on this subject, and will readily concur in any amendment which may be deemed expedient. It would have given us much pleasure to have received your congratu- lations on the reestablishment of peace in Europe and the restoration of .security to the persons and property of our citizens from inju.stice and vio- lence at sea; but though these events, so desirable to our country and the world, have not taken place, yet we have abundant cause of gratitude to the Great Di.sposer of Human Events for interior tranquillity and personal security, for propitious .seasons, prosperous agriculture, productive fish- eries, and general improvement, and, above all, for a rational spirit of ci\'il and religious liberty and a calm but steady determination to support our sovereignty against all open and secret attacks. We learn with satisfaction that our envoys extraordinary to the French John Adams 245 Republic had safely arrived in Europe and were proceeding to the scene of negotiation, and whatever may be the result of the mission, we are perfectly satisfied that nothing on j^our part has been omitted which could in any way conduce to a successful conclusion of the negotiation upon terms compatible with the safety, honor, and interest of the United States; and we are fully convinced that in the meantime a manifestation of that unanimity and energy of which the people of the United States have given such memorable proofs and a proper exertion of those resources of national defense which we possess will essentially contribute to the preservation of peace and the attainment of justice. We think, sir, with you that the commerce of the United States is essen- tial to the growth, comfort, and prosperity of our country, and that the faith of society is pledged for the preservation of the rights of commercial and seafaring no less than of other citizens. And even if our negotia- tion with France should terminate favorably and the war in Europe cease, yet the state of society which unhappily prevails in so great a portion of the world and the experience of past times under better circumstances unite in warning us that a commerce so extensive and which holds out so many temptations to lawless plunderers can never be safe without protection; and we hold ourselves obliged by every tie of duty which binds us to our constituents to promote and concur in such measures of marine defense as may convince our merchants and seamen that their rights are not sacrificed nor their injuries forgotten. We regret that, notwithstanding the clear and explicit terms of the treaty between the United States and His Catholic Majesty, the Spanish garrisons are not yet withdrawn from our territory nor the running of the boundary line commenced. The United States have been faithful in the performance of their obligations to Spain, and had reason to expect a compliance equally prompt on the part of that power. We still, how- ever, indulge the hope that the convincing answers which have been given to the objections stated by the Spanish officers to the immediate execution of the treaty will have their proper effect, and that this treaty, so mutually beneficial to the contracting parties, will be finally observ^ed with good faith. We therefore entirely approve of your determinatiou to continue in readiness to receive the posts and to run the line of parti- tion between our territory and that of the King of Spain. Attempts to alienate the affections of the Indians, to form them into a confederacy, and to excite them to actual hostility against the United States, whether made by foreign agents or by others, are so injurious to our interests at large and so inhuman with respect to our citizens inhab- iting the adjacent territory as to deserve the most exemplary punishment, and we will cheerfully afford our aid in framing a law which may pre- scribe a punishment adequate to the commission of crimes so heinous. The several objects you have pointed out to the attention of the Legislature, whether they regard our internal or external relations, shall 3j^(\ Aft-ssairt's and Papers o/flir PitsidcHts receive from us that amsiilcnitioti which they merit, ami wo will readily cxmcur in all such measures as may be necessary either to enable us to lulhll our cURaj^ements at lu>me or to cause ourselves to be respected abroad; and at this portentous iktIoiI. when the powers of Europe with whoni we are connected by treaty or conunerce are in so critical a situa- tion, and when the conduct of some of those powers toward the United Slates is so hostile and menacing, the several branches of the Govern- ment are. in our opinion, called upon with peculiar importunity to unite, atul by union not only to devise and carry into effect those measures ou which tlic siifety and prosperity of our country depend, but also to unde- ceive those nations who, regarding us as a weak and divided people, have pursued systems of aggression inconsistent with a state of peace between iudc|xmdent nations. And, sir, we beg leave to assure you that we derive a singular consolation from the reflection that at such a time the executive part of our Government has been committed to your hands, for in your integrity, talents, aud firmness we place the most entire confidence. JACOB READ, President of the Senate pro tempore. NoVKMBKK 27, 1797. REPLY OF THE PRESIDENT. United States, November 28, 1797. Gentlemen of the Senate: I thank you for this address. When, after the most laborious inve-stigation and serious reflection, without ])artial considerations or personal motives, measures have been adopted or recommended, I can receive no higher testimony of their rectitude than the approbation of an assembly so independent, patriotic, and enlightened as the Senate of the United States. Nothing has afforded me more entire satisfaction than the coincidence of your judgment with mine in the opinion of the essential importance of our commerce and the absolute necessity of a maritime defense. What is it that has drawn to Europe the superfluous riches of the three other quarters of the globe but a marine? What is it that has drained the wealth of Europe itself into the coffers of tw^o or three of its principal commercial powers but a marine ? The world has furnished no example of a flourishing commerce with- out a maritime protection, and a moderate knowledge of man and his history will convince anyone that no such ])rodigy ever can arise. A mercantile marine and a military marine unist grow up together ; one can not long exist without the other. JOHN ADAMS. John Adams 247 ADDRESvS OF TIIR IIOTTSl': Ol'' Rlvi'RlvSl^NTATIVKS TO JOHN ADAMS, PRKSIDKNT OF TIIF UNITED STATES. Sir: While our sympathy is excited by the recent sufferings of the citizens of Philadelphia, we participate in the satisfaction which you are pleased to express that the duration of the late calamity was so limited as to render unnecessary the expense and inconvenience that would have been incident to the convention of Congress in another place; and we shall readily attend to every useful amendment of the law which contem- plates the event of contagious sickness at the seat of Government. In lamenting the increase of the injuries offered to the persons and property of our citizens at sea we gratefully acknowledge the contin- uance of interior tranquillity and the attendant blessings of which you remind us as alleviations of these fatal effects of injustice and violence. Whatever may be the result of the mission to the French Republic, your early and uniform attachment to the interest of our country, your important services in the struggle for its independence, and your unceas- ing exertions for its welfare afford no room to doubt of the sincerity of your efforts to conduct the negotiation to a successful conclusion on such terms as may be compatible with the safety, honor, and interest of the United States. We have also a firm reliance upon the energy and una- nimity of the people of these States in the assertion of their rights, and on their determination to exert upon all proper occasions their ample resources in providing for the national defense. The importance of commerce and its beneficial influence upon agricul- ture, arts, and manufactures have been verified in the growth and pros- perity of our country. It is essentially connected with the other great interests of the community; they must flourish and decline together; and while the extension of our navigation and trade naturally excites the jealousy and tempts the avarice of other nation^,, we are firmly per- suaded that the numerous and deserving class of citizens engaged in these pursuits and dependent on them for their subsistence has a strong and indisputable claim to our support and protection. The delay of the Spanish officers to fulfill the treaty existing with His Catholic Majesty is a source of deep regret. We learn, however, with satisfaction that you still indulge hopes of removing the objections which have been made to its execution, and that you have continued in readi- ness to receive the posts. Disposed to perform with fidelity our national engagements, nothing shall be wanting on our part to obtain the same justice from others which we exercise toward them. Our abhorrence can not be too strongly expressed of the intrigues of foreign agents to alienate the affections of the Indians and to rouse them to acts of hostility against the United States. No means in our power should be omitted of providing for the suppression of such cruel practices and for the adequate punishment of their atrocious authors. .48 Af^ssa^es ami Paprrs of the Presidents U|*i>M the other inlcu-stin>; suhjivts notuvd in yotir :ul(lross we shall txrstow the requisite attention. To preserve itn-iolal)le the i)uhlic faith by proviihu^ for the ihie excvution of our treaties, to iudeninify those who may have just ehiiujs to retribution upon the United States for expenses incurred in ilefending the property and relieving the neces- sities of our unfortunate fellow -citi/.eus, to guard against evasions of the laws inlende*! to sc\:ure achantages to the navigation of our ovni vessels, and especially to prevent by all possible means an luuiecessary accumu- lation of the public debt, are duties which we shall endeavor to keep iu view ami discharge with assiduity. We regard with great anxiety the singular and portentous situation of the i>rincipal ]K)wers of Kurope. It were devoutly to be wished that the Uniteil States, remote from this seat of war and discord, unambitious of concjuests, resixx^ting the rights of other nations, and desirous merely to avail themselves of their natural resources, might be permitted to behold the scenes which desolate that quarter of the globe with only those sym- pathetic emotions which are natural to the lovers of peace and friends of the human race. But we are led by events to associate with these feel- ings a sense of the dangers which menace our security and peace. We reh' upon your assurances of a zealous and hearty concurrence in such measures as may be necessary to avert these dangers, and nothing on our part shall be wanting to repel them which the honor, safety, and pros- perity of our country may require. November 28, 1797. REPLY OF THE PRESIDENT. United States, November 2q, rygy. Gentlemen of the Hovse of Rep7'eseyitatives: I receive this address from the House of Representatives of the United States with peculiar pleasure. Your approbation of the meeting of Congress in this city and of those other measures of the Executive authority of Government communicated in my address to both Houses at the opening of the session afford me great satisfaction, as the strongest desire of my heart is to give satisfac- tion to the people and their Representatives by a faithful discharge of my duty. The confidence you express in the sincerity of my endeavors and in the unanimity of the people does me much honor and gives me great joy. I rejoice in that harmony which appears in the sentiments of all the branches of the Government on the importance of our commerce and our obligations to defend it, as well as in all the other subjects recommended to your consideration, and sincerely congratulate you and our fellow citizens at large on this appearance, so auspicious to the honor, interest, and happiness of the nation. John Adams 249 SPECIAL MESSAGES. United States, December 6, 1797. Gentlemen of the Senate: Isaac Smith, esq., who was appointed, with the advice and consent of the Senate, to hold a treaty with the Seneca Nation of Indians, to super- intend the purchase of a parcel of their land under a right of preemption den'ved from the State of Massachusetts, and situated within the State of New York, having declined that service, Jeremiah Wadsworth, esq., was appointed during your recess to hold a treaty, which has terminated in a deed of bargain and sale, herewith submitted to your consideration. It being represented to me that the immediate investment in bank stock of the moneys which are to be the consideration of this deed might be attended with considerable loss to the Indians by raising the market price of that article, it is suggested whether it would not be expedient that the ratification should be made conclusive and binding on the par- ties only after the President shall be satisfied that the investment of the moneys has been made conformably to the intention of the treaty. JOHN ADAMS. United States, December ij, 1797. Gentlemen of the Senate and Gentlemen of the House of Representatives: I lay before you the copy of a letter from the judges of the Supreme Court of the United States, representing the inconvenience arising from altering the time of holding the circuit court for the State of Delaware from April to June, and desiring that the existing law may be altered by restoring the spring session of the circuit court in Delaware to the 27th ""^ ^P"^- JOHN ADAMS. United States, December jo, 1797. Gentlemen of the Senate and Gentlemen of the House of Representatives: In compliance with the desire of the two Houses of Congress, expressed in their resolution of the 2d of March, 1 797, that some speedy and effectual means might be adopted of obtaining information from the States of Con- necticut, New Jersey, Pennsylvania, Maryland, Virginia, Kentucky, Ten- nessee, and South Carolina whether they have ratified the amendment proposed by Congress to the Constitution concerning the suability of States, and if they have, to obtain proper evidences, measures have been taken and information and evidences obtained the particulars of which will appear in the report from the Secretary of State made by my direc- tion on the 28tli day of this month, and now presented to the two Houses for thdr consideration. ^^^^ ^^^^^ j^o Messa^Ci and J\iptrs of the Presidents ITniti:i) i^T\'t\\<., Jan nary j;, 179S. Gmtimten of the Senate and Gentlemen of the House of Representatives. • The StxTctary for the iVpartmciit of War on the 30th day of Deccm- Wx last mailc a representation to nic of the situation of affairs in his oftiee.Nvhieh I now transmit to the Senate and House of Representatives. aud recommend to their considerutiou uud decision. JOHN ADAMS. United States. Jatmary s, j^qS. Gentlemen of the Senate: The situation of affairs 1-)etween some of the citizens of the United States anil the Cherokee Indians has evinced the propriety of holding a treaty with that nation to extinguish by purchase their right to certain parcels of land and to adjust and settle other points relative to the .safety and conveniency of our citizens. With this view I nominate Fisher Ames, of Dedham, in the State of Massachusetts; Bushrod Washington, of Rich- mond, in the State of Virginia, and Alfred Moore, of North Carolina, to be commissioners of the United States with full powers to hold confer- ences and conclude a treaty with the Cherokee Nation of Indians for the purposes before mentioned. JOHN ADAMS. United Status, famiary S, 1798. Gentlemeri of the Senate and Gentlemen of the House of Representatives: I have now an opportunity of transmitting to Congress a report of the Secretary of State, with a copy of an act of the legislature of the State of Kentucky consenting to the ratification of the amendment of the Con- stitution of the United States proposed by Congress in their resolution of the 2d day of December, 1793, relative to the suability of States. This amendment, having been adopted by three- fourths of the several States, may now be declared to be a part of the Constitution of the United ^^^^^- JOHN ADAMS. United State.S, January //, 1798. Gentlemeii of the Senate and Gentlemen of the House of Represc7itatives: The situation of affairs between the United States and the Cherokee Indians having evinced the expediency of a treaty with that nation for the promotion of justice to them, as well as of the interests and conven- ience of our citizens, I have nominated and, by and with the advice and consent of the Senate, appointed commissioners to IkjIcI conferences and conclude a trcal\' as earl>' as the .sea.son of the year and the convenience of the parties will udmit. John Adams 251 As we know very well by experience such negotiations can not be car- ried on without considerable expenses, I reconiniend to your consider- ation the propriety of making an appropriation at this time for defraying such as may be necessary for holding and concluding a treat5^ That you may form your judgments with greater facility, I shall direct the proper officer to lay before you an estimate of such articles and expenses as may be thought indispensable. JOHN ADAMS. United St at-es, January 18, 1798. Gentlemen of the Senate and Gentlemen of the Hoiise of Representatives: A representation has been made to me by the judge of the Pennsylva- nia district of the United States of certain inconveniences and disagreeable circumstances which have occurred in the execution of the law passed on the 28th day of May, 1796, entitled "An act for the relief of persons imprisoned for debt," as well as of certain doubts which have been raised concerning its construction. This representation, together with a report of the Attorney- General on the same subject, I now transmit to Congress for their consideration, that if any amendments or explanations of that law should be thought advisable they may be adopted. JOHN ADAMS. United States, January 2j, lygS. Gentlemen of the Senate and Gentlenieyi of the Hoiise of Represeyitatives: At the commencement of this session of Congress I proposed in the course of it to communicate to both Houses further information concern- ing the situation of our affairs in the territories of the United States situ- ated on the Mississippi River and in its neighborhood; our intercourse with the Indian nations; our relations with the Spanish Government, and the conduct of their officers and agents. This information will be found in a report of the Secretary of State and the documents attending it, which I now present to the Senate and House of Representatives. JOHN ADAMS. United States, February 2, 1798. Gentlemen of the Senate ajid Gentle7nen of the House of Represeiitatives: I have received from our minister in I,ondon two acts of the Parliament of Great Britain, one passed on the 4th of July, 1797, entitled "An act for carrying into execution the treaty of amity, commerce, and naviga- tion concluded between His Majesty and the United States of America," the other passed on the 19th day of July, 1797, entitled "An act for Affssnj^fi: nntf Papers of thr Pt-rsideytts Trmilatin^ tlu' \xm\v t«» K- ratiitil on with the Uritish ])osscssions in India hy \\\v ships 111' nations in at.iity with His Majesty." These aets have siK'h ixmnections with the eotnniercial and ix)Utical interests of the United States that it is ])roiK'r they should 1)e conunnnicated to Congress. I have aecordingly transmitted copies of them with this message. JOHN ADAMS. UntTKD States, February 5, 1798. Gentlemen of the Seriate arid Gentlemeri of the House of Representatives: I have received a letter from His Excellency Charles Pinckney, esq., goveniorof the State of South Carolina, dated the 22d of October, 1797, inclosing a number of depositions of witnesses to several captures and outrages committed within and near the limits of the United States by a French privateer belonging to Cape Fran9ois, or Monte ^hristo, called the / 'ertitude or Fortitude, and commanded by a person of the name of Jordan or Jourdain, and particularly upon an English merchant ship named the Oraeabissa, which he first plundered and then burned, with the rest of her cargo, of great value, within the territory of the United States, in the harlx)r of Charleston, on the 17th day of October last, copies of which letter and depositions, and also of several other depositions relative to the same subject, received from the collector of Charleston, are here with communicated. Whenever the channels of diplomatical communication between the United States and France shall be opened, I shall demand satisfaction" for the insult and reparation for the injury. I have transmitted these papers to Congress not so much for the pur- pose of communicating an account of so daring a violation of the territory of the United States as to shew^ the propriety and necessity of enabling the Executive authority of Government to take measures for protecting the citizens of the United States and such foreigners as have a right to enjoy their ])eace and the protection of their laws within their limits in that as %vell as some other harbors which are equally exposed. JOHN ADAMS. ! United States, February 12, 1798. Gentlemen of the Senate and Gentlemen of the House of Representatives: In obedience to the law, I now present to both Houses of Congress my annual account of expenditures from the contingent fund during the year 1797, by which it appears that on the ist day of January last there remained in the Treasury a balance of ^15,494.24 subject to future dis- positions of Government, JOHN ADAMS. John Adajns, 253 United States, February 18, 1798. Gentlemen of the House of Representatives: In the report of the Secretary of State and the documents herewith transmitted will be found such information as is in our possession of the losses recovered by the citizens of the United States under the treaty made with Great Britain, which are now presented to the House of Rep- resentatives in compliance with their request in their resolution of the ist of this month. JOHN ADAMS. United State.s, February 20, 1798. Gentlemen of the Senate and Gentlemen of the House of Representatives: In obedience to the law of the United States of the 3d of March, 1797, entitled "An act authorizing an expenditure and making an appropria- tion for the prosecution of the claims of certain citizens of the United States for property captured by the belligerent powers," I submit to Congress the account exhibited to me by the Secretary of State with his report of the 17th of this month. JOHN ADAMS United States, February 21, 1798. Gentlemen of the Senate: Having received the original treaty concluded between the United States and the Government of Tunis, I lay it before the Senate of the United States whether they advise and consent to its ratification. JOHN ADAMS. United States, February 2j, 1798. Gentlemen of the Senate ayid Gentlemen of the House of Represe?ttatives: The inclosed memorial from the commissioners appointed under an act of the United States entitled "An act for establishing the temporary and permanent seat of the Government of the United States," representing the situation and circumstances of the city of Washington, I take this opportunity to present to both Houses of the I^egislature and recommend to their consideration. Alexander White, esq., one of those commis- sioners, is now in this city, and will be able to give to Congress, or any of their committees, any explanation or further information which the subject may require. ^^^^ ADAMS. United States, March s, 1798. Gentlemen of the Senate and Ge7itlemen of the House of Representatives: The first dispatches from our envoys extraordinary since their arrival at Paris were received at the Secretary of State's oflElce at a late hour last j^^ Aft'ssaj;es aujress and to the public, especially to the mercantile jxirt of our fellow-citizens, that I have thought it my dut)- to communi- cate ihciu to both Houses without loss of time. JOHN ADAMS. Unitkd Statks, March J2, 1798. Grntlnnrti of thf Senate: Insiiuiations havinj; l)ecn repeatedly made in the name of the Court of Sweilen of an inclination to renew the connection between the United States and that power, I sent, in the recess of the Senate, to our minister at lierlin a full power to negotiate that business, with such alterations as might Ix: agreeable to lx)th parties; but as that commission, if not renewed with the advice and consent of the Senate, will expire with the present session of Congress, I now nominate John Quincy Adams to be a com- missioner with full powers to negotiate a treaty of amity and commerce with His Majesty the Kiug of Sweden. JOHN ADAMS. United States, March 19, 1798. Gentlemen of the Senate and Gentlerneti of the House of Representatives: The dispatches from the envoys extraordinary of the United States to the French RepubUc, vi^hich w^ere mentioned in my message to both Houses of Congress of the 5th instant, have been examined and maturely considered. While I feel a satisfaction in informing you that their exertions for the adjustment of the diflferences between the two nations have been sincere and unremitted, it is incumbent on me to declare that I perceive no ground of expectation that the objects of their mission can be accompUshed on terms compatible with the safety, the honor, or the essential interests of the nation. This result can not with justice be attributed to any want of moderation on the part of this Government, or to any indisposition to forego second- ary interests for the preservation of peace. Knowing it to be my duty, j and beUeving it to be your wish, as well as that of the great body of the | people, to avoid by all reasonable concessions any participation in the contentious of Europe, the powers vested in our envoys were commen- surate with a liberal and pacific policy and that high confidence which might justly Ix; reposed in the abilities, patriotism, and integrity of the characters to whom the negotiation was committed. After a careful review of the whole .subject, with the aid of all the information I have received, I can discern nothing which could have insured or contributed to success tliat has been omitted on my part, and nothing further which John Adams 255 can be attemptccl consistently with maxims for wliicli onr coimtry has contended at every hazard, and which constitute the basis of our national sovereignty. Under these circumstances I can not forbear to reiterate the recom- mendations which have been formerly made, and to exhort you to adopt with promptitude, decision, and unanimity such measures as the ample resources of the country afford for the protection of our seafaring and commercial citizens, for the defense of any exposed portions of our terri- tory, for replenishing ovir arsenals, establishing foundries and military manufactures, and to provide such efl&cient revenue as will be necessary to defray extraordinary expenses and supply the deficiencies which may be occasioned by depredations on our commerce. The present state of things is so essentially different from that in which instructions were given to the collectors to restrain vessels of the United States from sailing in an armed condition that the principle on which those orders were issued has ceased to exist. I therefore deem it proper to inform Congress that I no longer conceive myself justifiable in continuing them, unless in particular cases where there may be reason- able ground of suspicion that such vessels are intended to be employed contrary to law. In all your proceedings it will be important to manifest a zeal, vigor, and concert in defense of the national rights proportioned to the danger with which they are threatened. TOHN ADAMS United States, April 3, 1798. Gentlemen of the Senate and Gentlemen of the House of Representatives: In compliance with the request of the House of Representatives ex- pressed in their resolution of the 2d of this month, I transmit to both Houses those instructions to and dispatches from the envoys extraordi- nary of the United States to the French Republic which were mentioned in my message of the 19th of March last, omitting only some names and a few expressions descriptive of the persons. I request that they may be considered in confidence until the members of Congress are fully possessed of their contents and shall have had opportunity to deliberate on the consequences of their publication, after which time I submit them to your wisdom. TOHN ADAMS \ United States, April 12, 1798. Gentlemen of the Senate: A treaty with the Mohawk Nation of Indians has by accident lain long neglected. It was executed under the authority of the Honorable Isaac Smith, a commissioner of the United States. I now submit it to the Senate for their consideration, TOHN AT3AMS Mfssa^cs and Papers of the Presidents Uniti:i> J^TsTt'S, 1f!K'icla Irilv (»f Indians have proposed to sell a part of their laiul ti> the s.»id State, atul that the lej^islatnre at their late session author- iwxl the purchase, and to accomplish this object the govenior has desired thai a commissioner may Vie apixjinted to hold a treaty with the Oneida trilv t»f Iiuli ins. at which the agents of the State of New York may agree with them on the tenns of the purchase. T therefore nominate Joseph Hopkins*)!!, esi]. , of l\Mi!!sylva!iia, to l)e the commissioner to hold a treaty Willi the buid Oucida tribe of ludiaus for the purpose alx)ve mentioned. JOHN ADAMS. United State.s, j7C7ie 2t, 1798. Gentlemen of the Senate and Gentlemen of the House of Representatives: While I congratulate you on the arrival of General Marshall, one of our late envoys extraordinary' to the French Republic, at a place of safety, where he is justly held in honor, I think it my duty to communicate to you a letter received by him from Mr. Gerry% the only one of the three who has not received his conge. This letter, together with another from the minister of foreign relations to him of the 3d of April, and his answer of the 4th, will shew the situation in which lie remains — ^his intentions and prospects. I presume that before this time he has received fresh instructions (a copy of which accompanies this message) to consent to no loans, and therefore the negotiation may be considered at an end. I will never send another minister to France without assurances that he will be received, respected, and honored as the representative of a great, free, jAJWerful, aud iudcpeudeut nation, JOHN ADAMS. United States, fune 27, 1798. Gentlemen of the Senate and Gentlemen of the House of Representatives: I have received a letter from His Excellency Thomas Mifflin, gov- ernor of Pennsylvania, inclosing some documents which I judge it my duty to lay before Congress without loss of time. As my opinion coincides entirely with that of his excellency the gov- ernor, I recommend the subject to the consideration of both Houses of Congress, whose authority alone appears to me adequate to the occasion. JOHN ADAMS. '•«SP>!!n»WW^ Uu,. 111. , :VvY-.«-t^ ,1,. I o.n, I . lU-dcv t( l.U 1. Ui u .. a .. . ■ :.'■ !«K Ucl lii'U .•., . I. .,u , il. ... , .1 , - ., U. , I. . , v.... >X(.i..V (..... til. ♦li^ . l.iU a..., 1 - ; CI. I . . , .,1 .luM. ,., .,, , (,.. .,,, .;i.. ■-. .. ,vi i^. .,'>.;>,.. .L ,.. i-.-l./ .. ., !l, il.-.l I ■ ^y,,o_... UU-\V i,,.ius va.,;,i S; ...,..(, :, - , . . .-i ; : ■: ,; ■ •.' -(^ ,',.>, I t.:- nu-utt) iiHllxnv ill. .li, i .;., . ,, . 1<-Y Ul. ji-.U* uvui ^'t u-.n^ lUl'l . I , . u.liu>vi( . .Ml. , llv, Ili.rUl ,tl>l- lA.ui ..-, ial.i i.'.uV- .V.I.. ill ' ' //v:''/'' .;/./,/ '/.'V. >.. ■i>«rV<,lu.-«. ■■/ COINAGE PROCLAMATION BY PRESIDENT JOHN ADAMS. John Adams 257 United States, July 2, 1798, Gentlemen of the Senate: I uominate George Washington, of Mount Vernon, to be L,ieu tenant- General and Commander in Chief of all the armies raised or to be raised in the United States. JOHN ADAMS. United StatEvS, Jidy ^j, lygS. Gentlemen of the Senate: A resolution of both Houses of Congress authorizing an adjournment on Monday, the i6th of this month, has been laid before me. Sensible of the severity of the service in so long a session, it is with great reluctance that I find myself obliged to offer any consideration which may operate against the inclinations of the members; but certain measures of Execu- tive authority which will require the consideration of the Senate, and which can not be matured, in all probability, before Monday or Tues- day, oblige me to request of the Senate that they would continue their session until Wednesday or Thursday. JOHN ADAMS. United States, July 77, 1798. Gentleynen of the Senate: Believing that the letter received this morning from General Washing- ton will give high satisfaction to the Senate, I transmit them a copy of it, and congratulate them and the public on this great event — the General's acceptance of his appointment as lyieutenant- General and Commander in Chief of the Army, JOHN ADAMS. Mount Vernon, Jtdy /j, lygS. John Adams, President of the United States. Dkar Sir: I had the honor, on the evening of the nth instant, to receive from the hands of the Secretary of War yonr favor of the 7th, announcing that you had, with the advice and consent of the Senate, appointed me "Lieutenant-General and Commander in Chief of all the armies raised or to be raised for the service of the United States." I can not express how greatly affected I am at this new proof of public confidence and the highly flattering manner in which you have been pleased to make the com- munication. At the same time I must not conceal from you my earnest wish that the choice had fallen upon a man less declined in years and better qualified to encounter the usual vicissitudes of war. You know, sir, what calculation I had made relative to the probable course of events on my retiring from office, and the determination I had consoled myself with of closing the remnant of my days in my present peaceful abode. You will therefore be at no loss to conceive and appreciate the sensations I must have experienced to bring my mind to any conclusion that would pledge me, at so late a period of life, to leave scenes I sincerely love to enter upon the boundless field of public action, incessant trouble, and high responsibility. M P— vol. I —10 J5S Aft-xsat^rx aftd Papers ofthr Presidents It WM not possible for \\w to remain ij;iioraiil of or iiulifTcrcnt to rccftrrtt transac- tion.*. The comhict t)f the Din-otory of lYaiice toward our country, Ihcir insidious huAtility to itsr.overnnietit, their various practices to withdraw the afTections of the pcopir fr\>m it, the evident tendency of their acts aiid those of their agents to coun- triuniY and invijionUe oi>iK)sition, their disregard of solemn treaties and the laws of luttionH, their war uixJti our defenseless commerce, their treatment of our ministers of pcttiT, and their demands amounting to tribute could not fail to excite in me cor- rrsponding sentiments with those my countrymen have so generally exjjressed in their affectionate aildresses to you. Believe me, sir, no one can more cordially mppr\)ve of the wise and prudent measures of your Administration. They ought to in.spiro universjd confidence, and will no doubt, combined with the stale of things, call frtnn Congress such laws and means as will enable you to meet the full force and extent of the crisis. Siiti.sfieil, therefore, that you have sincerely wished and endeavored to avert war, and cxhausteil to the last drop the cup of reconciliation, we can with pure hearts appeal to Heaven for the justice of our cause, and may confidently trust the final result to that kind Pro\-idence who has heretofore and so often signally favored the people of these I'nitcd States. Thinking in this manner, and feeling how incumbent it is upon every person, of everv description, to contribute at all times to his country's welfare, and especially in a moment like the present, when everjlhing we hold dear and sacred is so seriously threatened, I have finally determined to accept the commission of Commander in Chief of the annies of the United States, with the reserve only that I shall not be calletl into the field until the Army is in a situation to require my presence or it becomes indispensable by the urgency of circumstances. In making this reser\'atiou I beg it to be understood that I do not mean to with-> hold any assistance to arrange and organize the Army which you may think I can afford. I take tlie liberty also to mention that I must decline having my acceptance considered as drawing after it any immediate charge upon the public, or that I can receive any emoluments annexed to the appointment before entering into a situation to incur expense. The Secretary' of War being anxious to return to the seat of Government, I have detained him no longer than was necessary to a full comumnication upon the several points he had in charge. With verj" great respect and consideration, I have the honor to be, dear sir, yout mo:>t obedient and humble servant, G" WASHINGTON. PROCLAMATIONvS. By thic Prestdrnt of thk United States of America. A PROCLAMATION. A.s the safety atid prosperity of nations ultimately and essentially depend on the protection and the ble.ssiiig of Almighty God, and the national acknowledgment of this truth is not only an indispensable duty which the people owe to Him, but a duty whose natural influence is favorable to the promotion of that morality and piety without which social happiness can not exist nor the blessings of a free government be John Adams 259 ■enjoyed; and as this duty, at all times iucumbent, is so especially in sea- sons of difficulty or of danger, when existing or threatening calamities, Mie just judgments of God against prevalent iniquity, are a loud call to repentance and reformation; and as the United States of America are at present placed in a hazardous and afSictive situation by the unfriendly disposition, conduct, and demands of a foreign power, evinced by repeated refusals to receive our messengers of reconciliation and peace, by depre- dations on our commerce, and the infliction of injuries on very many of our fellow-citizens while engaged in their lawful business on the seas — under these considerations it has appeared to me that the duty of implor- ing the mercy and benediction of Heaven on our country demands at this time a special attention from its inhabitants. I have therefore thought fit to recommend, and I do hereby recom- mend, that Wednesday, the 9th day of May next, be observed throughout the United States as a day of solemn humiliation, fasting, and prayer; that the citizens of these States, abstaining on that day from their cus- tomary worldly occupations, offer their devout addresses to the Father of Mercies agreeably to those forms or methods which they have severally adopted as the most suitable and becoming; that all religious congrega- tions do, with the deepest humility, acknowledge before God the manifold sins and transgressions with which we are justly chargeable as individ- uals and as a nation, beseeching Him at the same time, of His infinite grace, through the Redeemer of the World, freely to remit all our offenses, and to incline us by His Holy Spirit to that sincere repentance and reformation which may afford us reason to hope for his inestimable favor and heavenly benediction; that it be made the subject of particular and earnest supplication that our country may be protected from all the dangers which threaten it; that our civil and religious privileges may be preserved inviolate and perpetuated to the latest generations; that our public councils and magistrates may be especially enlightened and directed at this critical period; that the American people may be united in those bonds of amity and mutual confidence and inspired with that vigor and fortitude by which they have in times past been so highly distinguished and by which they have obtained such invaluable advan- tages; that the health of the inhabitants of our land may be preserved, and their agriculture, commerce, fisheries, arts, and manufactures be blessed and prospered; that the principles of genuine piety and sound morality may influence the minds and govern the lives of every descrip- tion of our citizens, and that the blessings of peace, freedom, and pure religion may be speedily extended to all the nations of the earth. And finally, I recommend that on the said day the duties of humili- ation and prayer be accompanied by fervent thanksgiving to the Bestower of Every Good Gift, not only for His having hitherto protected and pre- served the people of these United States in the independent enjoyment of their religious and civil freedom, but also for having prospered them a6o Afessaj^es and Pnpers of the Presidents In rt womlerful projjTt^ss of |K>pul:Ui«Mi, and for confcrriug on them many and i;ri\U I'awrs conducive to tho happiness and i)rosperity of a nation. Givrjn under my hand aiul the seal of the United States of America, at rhiladeli)hia. this zyX day of March, A. D. 1798, and of the [SK.\i..J XuJi-jx^udcucc of the said States the twenty-second. JOHN ADAMS. Hy the 1 'resident: Timothy Pickkktng. Secretary of State. [Hroiu C. V. Aila-ns's Works of John Adnnis, Vol. IX, p. 170.] PROCl^AMATION. July 13, 1798. The citizen Joseph Philippe Ivetombe having heretofore produced to the President of the United States his commission as consul-general of the French Republic within the United States of America, and another ct-inunission as consul of the French Republic at Philadelphia; and, in like manner, the citizen Rosier having produced his commission as vice- consul of the French Republic at New York; and the citizen Arcambal having produced his commission as vice-consul of the P'rench Republic at Newport; and citizen Theodore Charles Mozard having produced his connnission as consul ' of the French Republic within the States of New Hampshire, Massachusetts, and Rhode Island; and the President of the United States having thereupon granted an exequatur to each of the French citizens above named, recognizing them in their respective consular offices above mer. iioned, and declaring them respectively free to exercise and enjoy such functions, powers, and privileges as are allowed to a consul-general, consuls, and vice-consuls of the French Republic by their treaties, conventions, and laws in that case made and provided; and the Congress of the United States, by their act passed the 7th day of July, 1798, having declared "that the United States are of right freed and exonerated from the stipulations of the treaties and of the consular convention heretofore concluded between the United States and France, and that the same shall not henceforth be regarded as legally obligatory on the Government or citizens of the United States," and by a former act, passed the' 13th day of May, 1798, the Congress of the United States having "suspended the commercial intercourse between the United States and France and the dependencies thereof," which commercial intercourse was the direct and chief object of the consular establishment; and Whereas actual hostilities have long been practiced on the commerce of the United States by the cruisers of the French Republic under the orders of its Government, which orders that Government refuses to re\*oke or relax; and hence it has become improper any longer to allow the consul-general, consuls, and vice-consuls of the French Republic John Adams 261 above named, or any of its consular persons or agents heretofore admitted in these United States, any longer to exercise their consular functions: These are therefore to declare that I do no longer recognize the said citizen Letonibe as consul-general or consul, nor the said citizens Rosier and Arcambal as vice-consuls, nor the said citizen Mozard as consul of the French Republic in any part of these United States, nor permit them or any other consular persons or agents of the French Republic heretofore admitted in the United States to exercise their functions as such; and I do hereby wholly revoke the exequaturs heretofore given to them respectively, and do declare them absolutely null and void from this day forward. In testimony whereof, etc. JOHN ADAMS. SECOND ANNUAL ADDRESS. United States, Decembers, 1798. Gentlemen of the Senate and Gentlemen of the House of Representatives: While with reverence and resignation we contemplate the dispensations of Divine Providence in the alarming and destructive pestilence with which several of our cities and towns have been visited, there is cause for grati- tude and mutual congratulations that the malady has disappeared and that we are again permitted to assemble in safetj^ at the seat of Govern- ment for the discharge of our important duties. But when we reflect that this fatal disorder has within a few years made repeated ravages in some of our principal seaports, and with increased malignancy, and when we consider the magnitude of the evils arising from the interruption of pub- lic and private business, whereby the national interests are deeply affected, I think it my duty to invite the Legislature of the Union to examine the expediency of establishing suitable regulations in aid of the health laws of the respective States; for these being formed on the idea that con- tagious sickness may be communicated through the channels of commerce, there seems to be a necessity that Congress, who alone can regulate trade, should frame a system which, while it may tend to preserve the general health, may be compatible with the interests of commerce and the safety of the revenue. While we think on this calamity and sympathize with the immediate sufferers, we have abundant reason to present to the Supreme Being our annual oblations of gratitude for a liberal participation in the ordinary blessings of His providence. To the usual subjects of gratitude I can not omit to add one of the first importance to our well-being and safety; I mean that spirit which has arisen in our country against the menaces and aggression of a foreign nation. A manly sense of national honor, dignity, j6a A/rs.un^rfs and Pitpcrs o/ihr Pfrsi'drfits ami iiuU"iKMulcn».v has ajiix-uutl which, if encouraged and invigorated bv every hranch of the (.lovernnieiit, will enable us to view undismayed the cntcqiriscs of any foreign iK)wer ami heconie the sure foundation of national prosjK-rity and glory. The iTJurse of the trans;ictions in relation to the United States and France which have come to my knowledge during your recess will be made the suhjtvt of a future conununication. That communication will con- firm the ultimate failure of the measures which have been taken by the Cioveniment of the United States toward an amicable adjustment of dif- fervnces with that }X)wer. You will at the same time perceive that the French ("iovernment apj^ears solicitous to impress the opinion that it is averse to a rupture with this country, and that it has in a qualified man- ner declaretl itself willing to receive a minister from the United vStates for the puqx>se of restoring a good imderstanding. It is unfortunate for professions of this kind that they should be expressed in terms which may countenance the inadmissible pretension of a right to prescribe the qualifications which a minister from the United States should possess, and that while France is asserting the existence of a disposition on her part to conciliate with sincerity the differences which have arisen, the sincerity of a like disposition on the part of the United States, of which so many demonstrative proofs have been given, should even be indirectly questioned. It is also worthy of obser\^atiou that the decree of the Directory alleged to be intended to restrain the depredations of French cmi.sers on our commerce has not given, and can not give, any relief. It enjoins them to conform to all the laws of France relative to crui.siug and prizes, while these laws are themselves the sources of the depredations of which we have .so long, so justly, and so fruitlessly complained. The law of France enacted in January last, w'hich subjects to capture and condemnation neutral vessels and their cargoes if any portion of the latter are of British fabric or produce, although the entire property belong to neutrals, instead of being rescinded has lately- received a confirma- tion by the failure of a proposition for its repeal. While this law, which is an unequivocal act of war on the commerce of the nations it attacks, continues in force tho.se nations can see in the French Government only a power regardless of their essential rights, of their independence and sovereignt}-; and if they possess the means they can reconcile nothing with their interest and honor but a firm resistance. Hitherto, therefore, nothing is discoverable in the conduct of France which ought to change or relax our measures of defense. On the con- trary', to extend and invigorate them is our true policy. We have no reason to regret that these measures have been thus far adopted and pursued, and in proportion as we enlarge our view of the portentous and incalculable situation of Europe we shall discover new and cogent motives for the full development of our energies and resources. But in demoustratiug by our conduct that we do not fear war in the John Adams 263 necessary protection of our rights and honor we shall give no room to infer that we abandon the desire of peace. An efficient preparation for war can alone insure peace. It is peace that we have uniformly and perseveringly cultivated, and harmony between us and France may be restored at her option. But to send another minister without more determinate assurances that he would be received would be an act of humiliation to which the United States ought not to submit. It must therefore be left with France (if she is indeed desirous of accommoda- tion) to take the requisite steps. The United States will steadily observe the maxims by which they have hitherto been governed. They will respect the sacred rights of embassy; and with a sincere disposition on the part of France to desist from hostility, to make reparation for the injuries heretofore inflicted on our commerce, and to do justice in future, there will be no obstacle to the restoration of a friendly intercourse. In making to you this declaration I give a pledge to France and the world that the Executive authority of this country still adheres to the humane and pacific policy which has invariably governed its proceedings, in conformity with the wishes of the other branches of the Government and of the people of the United States. But considering the late mani- festations of her policy toward foreign nations, I deem it a duty deliber- ately and solemnly to declare my opinion that whether we negotiate with her or not, vigorous preparations for war will be alike indispensable. These alone will give to us an equal treaty and insure its observance. Among the measures of preparation which appear expedient, I take the liberty to recall your attention to the naval establishment. The beneficial effects of the small naval armament provided under the acts of the last session are known and acknowledged. Perhaps no country ever expe- rienced more sudden and remarkable advantages from any measure of policy than we have derived from the arming for our maritime protection and defense. We ought without loss of time to lay the foundation for an increase of our Navy to a size sufficient to guard our coast and protect our trade. Such a naval force as it is doubtless in the power of the United States to create and maintain would also afford to them the best means of general defense by facilitating the safe transportation of troops and stores to every part of our extensive coast. To accomplish this impor- tant object, a prudent foresight requires that systematical measures be adopted for procuring at all times the requisite timber and other supplies. In what manner this shall be done I leave to your consideration. I will now advert, gentlemen, to some matters of less moment, but proper to be communicated to the National I^egislature. After the Spanish garrisons had evacuated the posts they occupied at the Natchez and Walnut Hills the commissioner of the United States commenced his observations to ascertain the point near the Mississippi which terminated the northernmost part of the thirty-first degree of north latitude. From thence he proceeded, to run the boundary line between 364 Afe-ss(7i^ws tifti/ Pij/)t-rs of the Presidents the UnitcKcther to the detnareation of the Hne. Rceent information ren- ders it jirokihle tliat the Sonthern Indians, either instigated to oppose the ilemarcation or jealous of the eonsequenees of sufTering white people to nm a line over lands to which the Indian title had not Ix^en extinguished, have ere this time sti>pixHl the progress of the commissioners; and con- sidering the mis«.-hiefs which may resitlt from continuing the demarcation in opjKisition to the will of the Indian tribes, the great expense attending it, and that the Uiundaries which the commissioners have actually estab- lisheil i>rol)ably extend at least as far as the Indian title has been extin- guishetl, it will jK-rhaps become expedient and necessary to suspend further proceedings by recalling our commissioner. The connnissioners appointed in pursuance of the fifth article of the treaty of amity, commerce, and navigation between the United vStates and His Britannic Majesty to determine what river was truly intended luider the name of the river St. Croix mentioned in the treaty of peace, and fonning a part of the boundary therein described, have finally decided that question. On the 25th of October they made their declaration that a river called Scoodiac, which falls into Passamaquoddy Bay at its north- westeni quarter, was the true St. Croix intended in the treaty of peace, as far as its great fork, where one of its streams comes from the westward and the other from the northward, and that the latter stream is the con- tinuation of the St. Croix to its source. This decision, it is understood, will preclude all contention among individual claimants, as it seems that the Scoodiac and its northern branch bound the grants of land which have l)een made by the respective adjoining Governments. A subordi- nate question, however, it has been suggested, still remains to ho. deter- mined. Between the mouth of the St. Croix as now settled and what is usually called the Bay of Fund}^ lie a number of valuable islands. The commissioners have not continued the boundary line through any channel of these islands, and unless the bay of Passamaquoddy be a part of the Bay of Fundy this further adjustment of boundary will be necessary. But it is apprehended that this will not te a matter of any difficulty. Such progress has been made in the examination and decision of cases of captures and condemnations of American vessels which were the sub- ject of the seventh article of the treaty of amity, commerce, and naviga- tion between the United States and Great Britain that it is supposed the commissioners will be able to bring their business to a conclusion in August of the ensuing year. The commissioners acting under the twenty-fifth article of the treaty Ijetween the United States and Spain have adjusted most of the claims of our citizens for losses sustained in consequence of their vessels and car- goes having been taken by the subjects of His Catholic Majesty during the late war between France and Spain, John Adams 265 Various circumstances have concurred to delay the execution of the law for augmenting the miUtary establishment, among these the desire of obtaining the fullest information to direct the best selection of officers. As this object will now be speedily accomplished, it is expected that the raising and organizing of the troops will proceed without obstacle and with effect. Gentlemen of the House of Representatives: I have directed an estimate of the appropriations which will be neces- sary for the service of the ensuing year to be laid before you, accom- panied with a view of the public receipts and expenditures to a recent period. It will afford you satisfaction to infer the great extent and solidity of the public resources from the prosperous state of the finances, notwithstanding the unexampled embarrassments which have attended commerce. When you reflect on the conspicuous examples of patriot- ism and liberahty which have been exhibited by our mercantile fellow- citizens, and how great a proportion of the public resources depends on their enterprise, you will naturally consider whether their convenience can not be promoted and reconciled with the security of the revenue ty a revision of the system by which the collection is at present regulated. During your recess measures have been steadily pursued for effecting the valuations and returns directed by the act of the last session, prelim- inary to the assessment and collection of a direct tax. No other delays or obstacles have been experienced except such as were expected to arise from the great extent of our country and the magnitude and novelty of the operation, and enough has been accomplished to assure a fulfill- ment of the views of the L,egislature. Ge?itleme7i of the Senate and Gentlemen of the House of Representatives: I can not close this address without once more adverting to our polit- ical situation and inculcating the essential importance of uniting in the maintenance of our dearest interests; and I trust that by the temper and wisdom of j'our proceedings and by a harmony of measures we shall secure to our country that weight and respect to which it is so justly entitled. jqjj^ ADAMS. ADDRESS OF THE SENATE TO JOHN ADAMS, PRESIDENT OF THE UNITED STATES. The President of thk Unitkd Statejs. Sir: The Senate of the United States join you in thanks to Almighty God for the removal of the late afflicting dispensations of His providence and for the patriotic spirit and general prosperity of our country. Sympa- thy for the sufferings of our fellow-citizens from disease and the impor- tant interests of the Union demand of the National I^egisiature a ready 366 Messages and Papers of the Presidents cooperation \%'ith the State govei tmicnts in the use of such means as seem best calculated to prevent the return of this fatal calamity. Althou>ih we have sincerely wished that an adjustment of our differ- ences with the Republic of France mi>;ht be effected on safe and honor- able terms, yet the infonnation you have given us of the ultimate failure of the negotiation has not suqiriscd us. In the general conduct of that Republic we ha\e seen a design of universal influence incompatible with the self-government and destructive of the independence of other States. In its conduct toward these ITnited States we have seen a plan of hostility pursued with unremitted constancy, equally disregarding the obligations of treaties and the rights of individuals. We have seen two embassies, formed for the purpose of mutual explanations and clothed with the most extensive and liberal powers, dismissed without recognition and even without a hearing. The Government of France has not only refused to repeal but has recently enjoined the observ^ance of its former edict resj-yecting merchandise of British fabric or produce the property of neu- trals, by which the interruption of our lawful commerce and the spolia- tion of the property of our citizens have again received a public sanction. These facts indicate no change of system or disposition; they speak a more intelligible language than professions of solicitude to avoid a rup- ture, however ardently made. But if, after the repeated proofs we have given of a sincere desire for peace, these professions should be accompa- nied by insiiuiations implicating the integrity with which it has been pursued; if, neglecting and passing by the constitutional and authorized agents of the Government, Ihey are made through the medium of indi- viduals without public character or authorit}'', and, above all, if theycarr>- with them a claim to prescribe the political qualifications of the minister of the United States to be employed in the negotiation, they are not enti- tled to attention or consideration, but ought to be regarded as designed to separate the people from their Government and to bring about by intrigue that w^hich open force could not effect. We are of opinion with 3'ou, sir, that there has nothmg 3'et been dis- covered in the conduct of France which can justify a relaxation of the means of defense adopted during the last session of Congress, the happy result of which is so strongly and generally marked. If the force by sea and land which the existing laws authorize should be judged inadequate to the public defense, we will perform the indispensable duty of bringing fonvard such other acts as will effectually call forth the resources and force of our country. A steady adherence to this wise and manly policy, a proper direction of the noble spirit cf patriotism which has ari.sen in our country, and which ought to be cherished and invigorated by every branch of the Government, will secure our liberty and independence against all open and secret attacks. We enter ou the business of the present session with an anxious solid- John Adams 267 tude for the public good, and shall bestow that consideration on tne several objects pointed out in your communication which they respec- tively merit. Your long and important services, your talents and firmness, so often displayed in the most trying times and most critical situations, afford a sure pledge of a zealous cooperation in every measure necessary to secure us justice and respect. JOHN I.AURANCE, President of the Senate pro tempore. December 11, 1798. reply of the president. December 12, 1798. To the Senate of the United States. Gentlemen: I thank you for this address, so conformable to the spirit of our Constitution and the established character of the Senate of the United States for wisdom, honor, and virtue. I have seen no real evidence of any change of system or disposition in the French Republic toward the United States. Although the officious interference of individuals without public character or authority is not entitled to any credit, yet it deserves to be considered whether that temer- ity and impertinence of individuals affecting to interfere in public affairs between France and the United States, whether by their secret corre- spondence or otherwise, and intended to impose upon the people and separate them from their Government, ought not to be inquired into and corrected. I thank you, gentlemen, for your assurances that you will bestow that consideration on the several objects pointed out in my communication which they respectively merit. If I have participated in that understanding, sincerity, and constancy which have been displayed by my fellow-citizens and countrymen in the most trying times and critical situations, and fulfilled my duties to them, I am happy. The testimony of the Senate of the United States in my favor is an high and honorable reward, which receives, as it merits, my grateful acknowledgments. My zealous cooperation in measures neces- sary to secure us justice and consideration may be always depended on. JOHN ADAMS. ADDRESS OF THE HOUSE OF REPRESENTATIVES TO JOHN ADAMS, PRESIDENT OF THE UNITED STATES. John Adams, PresideJit of the United States. Sir : The House of Representatives unite with you in deploring the effects of the desolating malady by which the seat of Government and 3(kS Affssagrs and Papers of the Presidents other parts of our couniry h.ue recently l)ecn visited. In calHtlj^ our attention to the fatality of its repeate thf Housf of Rrpirscntativ.'s of the United States of Amert'ia. Gkntu%mkn : My sincere acknowledgments are clue to the House of Representatives of the United States tor this excellent address so conso- nant to the character of representatives of a great and free people. The judgment and feelings of a nation, I believe, were never more truly cxjiressoil by their representatives than those of our constituents by your dtvidcHl declaration that with our means of defense our interest and honor ct^nmand us to reix.d a predatory warfare against the iniquestionable rights of neutral connnerce; that it becomes the United States to be as determined in resistance as they have Ijeen patient in suffering and con- descending in negotiation; that while those who direct the affairs of France persist in the enforcement of decrees so hostile to our essential rights their conduct forbids us to confide in any of their professions of amity; that an adequate naval force must be considered as an important object of national policy, and that, whether negotiations with France are resumed or not, vigorous preparations for war will be alike indispensable. The generous disdain j-ou so coolly and deliberately express of a reli- ance on foreign protection, wanting no foreign guaranty of our liberties, resolving to maintain our national independence against every attempt to desjxjil us of this inestimable treasure, will meet the full approbation of evcr>' sound understanding and exulting applauses from the heart of every faithful American. I thank you, gentlemen, for your candid approbation of my sentiments on the subject of negotiation and for the declaration of j-our opinion that the policy of extending and invigorating our measures of defense and the adoption with prudent foresight of such systematical measures as may be expedient for calling forth the energies of our country wherever the national exigencies may require, whether on the ocean or on our own territor>', will demand your sedulous attention. At the same time, I take the liberty to assure you it shall be my vigilant endeavor that no illusory professions shall seduce me into any abandon- ment of the rights which belong to the United States as a free and inde- pendent nation. ^^^^ ADAMS. SPECIAL MESSAGES. January 8, 1799. Gentlemen of the Hoiise of Representatives: In compliance with your desire expressed in your resolution of the 2d of this month, I lay before you an extract of a letter from George C. Moretou, acting consul of the United States at The Havannah, dated the John Adams 271 13th of November, 1798, to the Secretary of State, with a copy of a letter from him to ly. Tresevant and WilHam Timmous, esquires, with their answer. Although your request extends no further than such information as has been received, yet it may be a satisfaction to you to know that as soon as this intelligence was communicated to me circular orders were given by my direction to all the commanders of our vessels of war, a copy of which is also herewith transmitted. I also directed this intelligence and these orders to be communicated to His Britannic Majesty's envoy extraordinary and minister plenipotentiary to the United States and to our minister plenipotentiary to the Court of Great Britain, with instruc- tions to him to make the proper representation to that Government upon this subject. It is but justice to say that this is the first instance of misbehavior of any of the British officers toward our vessels of war that has come to my knowledge. According to all the representations that I have seen, the flag of the United States and their officers and men have been treated by the civil and military authority of the British nation in Nova Scotia, the West India islands, and on the ocean with uniform civility, polite- ness, and friendship. I have no doubt that this first instance of miscon- duct will be readily corrected. JOHN ADAMS. January 15, 1799. Gentlemen of the Senate: I transmit to you the treaty between the United States and the Chero- kee Indians, signed near Tellicoon the 2d day of October, 1798, for your consideration. I have directed the Secretary of War to lay before you the journal of the commissioners and a copy of their instructions. JOHN ADAMS. January 18, 1799. Gentlemen of the Senate and Gentlemen of the House of Representatives: The communication relative to our affairs with France alluded to in my address to both Houses at the opening of the session is contained in the sheets which accompany this. A report of the Secretary of State, con- taining some observations on them, will be sent to Congress on Monday. JOHN ADAMS. January 28, 1799. Gentlem,en of the Senate and Gentlemen of the House of Representatives: An edict of the Executive Directory of the French Republic of the 29th of October, 1798, inclosed in a letter from our minister plenipotentiary 37-* Aff'ssajyt^s and Pafk-rs of (he Presidents in LoiuUmof the i(>th of XuvcinlK.'r, is of so much iiiii>ortancc that it can uol be loo soou coiuiuuuicatcd to you and the public. JOHN ADAMS. February 6, 1799. CrHtlemen 0/ the Sniafe: In coiisc<|iicncc of intimations from the Court of Russia to our min- ister plcniiH>tcntiary at the Court of Great Britain of the desire of that ixnvcr to have a treaty of amity and conunerce with the United States, and that the negotiation might Ix; conducted in London, I nominate Rufns King, our minister j^lenipotentiary at the Court of Great Britain, to Iv a minister i^lenipotentiary for the special purpose of negotiating with any minister of equal rank and powers a treaty of amity and commerce bctwecu the United States and the Emperor of all the Russias. JOHN ADAMS. United States, February 75, 1799. Gentlemen of the House of Representatives: In piu-suance of the request in your resolve of yesterday, I lay before \-ou such information as I have received touching a suspension of the arret of the French Republic, communicated to your House by my mes- sage of the 28th of January last. But if the execution of that arret be suspended, or even if it were repealed, it should be remembered that the arret of the Executive Directory of the 2d of March, 1797, remains in force, the third article of which subjects, explicitly and exclusively, American seamen to be treated as pirates if found on board ships of the enemies of France. JOHN ADAMS. February 18, 1799. Gentlemen of the Senate: I transmit to you a document which seems to be intended to be a com- pliance with a condition mentioned at the conclusion of my message to Congress of the 21st of June last. Always disposed and ready to embrace every plausible appearance of probabihty of preserving or restoring tranquillity, I nominate William \'ans Murray, our minister resident at The Hague, to be minister pleni- potentiar>' of the United States to the French Republic. If the Senate shall advise and consent to his appointment, effectual care shall be taken in his instructions that he shall not go to France without direct and unequivocal assurances from the French Government, signified by their minister of foreign relations, that he shall be received in charac- John Adams 273 ter, shall enjoy the privileges attached to his character by the law of nations, and that a minister of equal rank, title, and powers shall be appointed to treat with him, to discuss and conclude all controversies between the two Republics by a new treaty. JOHN ADAMS. [Translation.] Paris, the 7th Vendemiaire of the jth Year of the French Republic^ One mid Indivisible. The Minister of Exterior Relations to Citizen Pichon, Secretary of Legation of the French Republic near the Batavian Republic: I have received successively. Citizen, your letters of the 22d. and 27th Fructidor [8th and 13th September]. They afford me more and more reason to be pleased with the measure you have adopted, to detail to me yoiur conversations with Mr. Murray. These conversations, at first merely friendly, have acquired consistency by the sanc- tion I have given to them by my letter of the nth Fructidor. I do not regret that you have trusted to Mr. Murray's honor a copy of my letter. It was intended for you only, and contains nothing but what is conformable to the intentions of Govern- ment. I am thoroughly convinced that should explanations take place with confidence between the two Cabinets, irritation would cease, a crowd of misunderstandings would disappear, and the ties of friendship would be the more strongly united as each party would discover the hand which sought to disunite them. But I will not conceal from you that your letters of the 2d and 3d Vendemiaire, just received, surprised me much. What Mr. Murray is still dubious of has been very explicitly declared, even before the President's message to Congress of the 3d Messidor [21st June] last was known in France. I had written it to Mr. Gerry, namely, on the 24th Messidor and 4th Thermidor; I did repeat it to him before he sat out. A whole paragraph of my letter to you of the nth Fructidor, of which Mr. Murray has a copy, is devoted to develop still more the fixed determination of the French Government. According to these bases, you were right to assert that whatever plenipotentiary the Government of the United States might send to France to put an end to the existing diiferences between the two countries would be undoubtedly received with the respect due to the representative of a free, independent, and powerful nation. I can not persuade myself, Citizen, that the American Government need any fiirther declarations from us to induce them, in order to renew the negotiations, to adopt such measures as would be suggested to them by their desire to bring the differences to a peaceable end. If misunderstandings on both sides have prevented former explana- tions from reaching that end, it is presumable that, those misunderstandings being done away, nothing henceforth will bring obstacles to the reciprocal dispositions. The President's instructions to his envoys at Paris, which I have only known by the copy given you by Mr. Mturray, and received by me the 21st Messidor [9th July], announce, if they contain the whole of the American Government's intentions, dis- positions which could only have added to those which the Directory has always entertained; and, notwithstanding the posterior acts of that Government, notwith- standing the irritating and almost hostile measures they have adopted, the Directory has manifested its perseverance in the sentiments which are deposited both in my correspondence with Mr. Gerry and in my letter to you of the nth Fructidor, and which I have hereinbefore repeated in the most explicit manner. Carry, therefore, Citizen, to Mr. Murray those positive expressions in order to convince him of our sincerity, and prevail upon him to transmit them to his Government. I presume, Citizen, that this letter will find you at The Hague; if not, I ask it may be sent back to you at Paris. Salute and fraternity, CH: MAU: TAIvI,EYRAND. 5-j.^ Aftisiij^'cs anJ Papers of the ficsidents Fkukiiaky 25, 1799. GfHtUmfn of iht Snuitf: The i»roix>silii>n of a fresh negotiation ^vith France in consequence of aiK-nncx-s nuule by the I'Vench Govertnnent has excited so j^eneral an allciuioii nntl st) much conversation as lo luive given occasion to many manifestations of the pubHc opinion, from which it appears to nic that a new nuxlification of the embassy will give more general satisfaction to Ihe Legislature ami to the nation, and perhaps better answer the purposes wc have in view. It is ui>on this supposition and witli this cxpeclation that I now nomi- nate Oliver I-illsworth, esq., Chief Justice of the United States; Patrick Henry, esq., late governor of Virginia, and William Vans Murray, esq., our minister resident at The Hague, to be envoys extraordinary and min- isters plenipotentiary to the French Republic, with full powers to discuss and settle by a treaty all controversies between the United States and France. It is not intended that the two former of these gentlemen shall embark for Kurope until they shall have received from the Executive Directory assurances, signified by their secretary of foreign relations, that they shall be received in character, that they shall enjoy all the prerogatives attached to that character by the law of nations, and that a minister or ministers of equal powers shall be appointed and commissioned to treat with them. JOHN ADAMS. March 2, 1799. Gcntlemat of the Senate and Gentlemen of the House of Representatives: Judging it of importance to the public that the Legislature should be informed of the gradual progress of their maritime resources, I transmit to Congress a statement of the vessels, with their tonnage, warlike force, and complement of men, to which commissions as private armed vessels have been issued since the 9th day of July last. JOHN ADAMS. PROCLAMATIONS. [From C. P. Adams's Works of John Adams, Vol. IX, p. 172.] proclamation. March 6, 1799. As no truth is more clearly taught in the Volume of Inspiration, nor any more fully demonstrated by the experience of all ages, than that a deep sense and a due acknowledgment of the governing providence of a Supreme Being and of the accountableness of men to Him as the searcher John Adams 275 of hearts and righteous distributer of rewards and punishments are con- ducive equally to the happiness and rectitude of individuals and to the well-being of communities; as it is also most reasonable in itself that men who are made capable of social acts and relations, who owe their improvements to the social state, and who derive their enjoyments from it, should, as a society, make their acknowledgments of dependence and obligation to Him who hath endowed them with these capacities and elevated them in the scale of existence by these distinctions; as it is likewise a plain dictate of duty and a strong sentiment of nature that in circumstances of great urgency and seasons of imminent danger earnest and particular supplications should be made to Him who is able to defend or to destroy; as, moreover, the most precious interests of the people of the United States are still held in jeopardy by the hostile designs and insidious acts of a foreign nation, as well as by the dissemination among them of those principles, subversive of the foundations of all religious, moral, and social obligations, that have produced incalculable mischief and misery in other countries; and as, in fine, the observance of special seasons for public religious .solemnities is happily calculated to avert the evils which we ought to deprecate and to excite to the per- formance of the duties which we ought to discharge by calling and fix- ing the attention of the people at large to the momentous truths already recited, by affording opportunity to teach and inculcate them by animat- ing devotion and giving to it the character of a national act: For these reasons I have thought proper to recommend, and I do hereby recommend accordingly, that Thursday, the 25th day of April next, be observed throughout the United States of America as a day of solemn humiliation, fasting, and prayer; that the citizens on that day abstain as far as may be from their secular occupations, devote the time to the sacred duties of religion in public and in private; that they call to mind our numerous offenses against the Most High God, confess them before Him with the sincerest penitence, implore His pardoning mercy, through the Great Mediator and Redeemer, for our past transgressions, and that through the grace of His Holy Spirit we may be disposed and enabled to yield a more suitable obedience to His righteous requisitions in time to come; that He would interpose to arrest the progress of that impiety and licentiousness in principle and practice so offensive to Himself and so ruinous to mankind; that He would make us deeply sensible that "righteousness exalteth a nation, but sin is a reproach to any people;" that He would turn us from our transgressions and turn His displeasure from us; that He would withhold us from unreasonable discontent, from disunion, faction, sedition, and insurrection; that He would preserve our country from the desolating sword; that He would save our cities and towns from a repetition of those awful pestilential visitations under which they have lately suffered so severely, and that the health of our inhabit- ants generally maybe precious in His sight; that He would favor us with 2-ju Affssa^es atid Papers of the Presidents fniilful seasons and so bless the labors of the husbandman as that there may Ix? fotxl in abundance for man and beast; that He would prosper our commerce, manufactures, and fisheries, and give success to the people in nil their lawful industry and enterprise; that He would smile on our col- leges, academies, schools, and seminaries of learning, and make them nurseries of sound sciencx\ morals, and religion; that He would bless all magistrates, from the highest to the lowest, give them the true spirit of their station, make them a terror to evil doers and a praise to them that do well; that He wmild preside over the councils of the nation at this critical ix^riod, enlighten them to a just discernment of the public inter- est, and save them from mistake, division, and discord; that He would make succeed our preparations for defense and bless our armaments be- laud and by sea; that He would put an end to the effusion of human blood ami the accumulation of human misery among the contending nations of the earth by disix)sing them to justice, to equity, to benevolence, and to peace; and that he would extend the blessings of knowledge, of true- liberty, and of pure and undefiled religion throughout the world. And I do also recommend that with these acts of humiliation, peni- tence, and prayer fervent thanksgiving to the Author of All Good Ijc united for the countless favors which He is still continuing to the people of the United States, and which render their condition as a nation emi nently happy when compared with the lot of others. Given, etc. JOHN ADAMS. By thk President of the United States of America, a proci.amation. Whereas combinations to defeat the execution of the laws for the valu- ation of lands and dwelling houses within the United States have existed in the counties of Northampton, Montgomery, and Bucks, in the State of Pennsylvania, and have proceeded in a manner subversive of the just authority of the Government, by misrepresentations, to render the laws odious, by deterring the public officers of the United States to forbear the execution of their functions, and by openly threatening their lives; and Whereas the endeavors of the well-affected citizens, as well as of the executive officers, to conciliate a compliance with those laws have failed of success, and certain persons in the county of Northampton aforesaid have been hardy enough to perpetrate certain acts which I am advised amount to treason, being overt acts of levying war against the United States, the .said persons, exceeding one hundred in number and armed and arrayed in a warlike manner, having, on the yth day of this pres- ent month of March, proceeded to the house of Abraham lyovering, in John Adams 277 the town of Bethlehem, and there compelled William Nichols, marshal of the United States in and for the district of Pennsylvania, to desist from the execution of certain legal process in his hands to be executed, and having compelled him to discharge and set at liberty certain per- sons whom he had arrested by virtue of criminal process duly issued for offenses against the United States, and having impeded and prevented the commissioner and the assessors, appointed in conformit)^ with the laws aforesaid, in the county of Northampton aforesaid, by threats and personal injury, from executing the said laws, avowing as the motives of these illegal and treasonable proceedings an intention to prevent by force of arms the execution of the said laws and to withstand by open violence the lawful authority of the Government of the United States; and Whereas by the Constitution and laws of the United States I am authorized, whenever the laws of the United States shall be opposed or the execution thereof obstructed in any State by combinations too pow- erful to be suppressed by the ordinary course of judicial proceedings or by the powers vested in the marshals, to call forth military force to sup- press such combinations and to cause the laws to be duly executed; and Whereas it is in my judgment necessary to call forth military force in order to suppress the combinations aforesaid and to cause the laws afore- said to be duly executed, and I have accordingly determined so to do, under the solemn conviction that the essential interests of the United States demand it: Wherefore I, John Adams, President of the United States, do hereby command all persons being insurgents as aforesaid, and all others whom it may concern, on or before Monday next, being the i8th day of this present month, to disperse and retire peaceably to their respective abodes; and I do moreover warn all persons whomsoever against aiding, abetting, or comforting the perpetrators of the aforesaid treasonable acts; and I do require all officers and others, good and faithful citizens, according to their respective duties and the laws of the land, to exert their utmost endeavors to prevent and suppress such dangerous and unlawful pro- ceedings. In testimon}^ whereof I have caused the seal of the United States of America to be afl&xed to these presents, and signed the same ^vith my hand. [seal.] Done at the city of Philadelphia, the 12th day of March, A. D. 1799, and of the Independence of the said United States of America the twenty-third. JOHN ADAMS. By the President: Timothy Pickering, Secretary of State. 378 Ji/cssa^t's and Papers of the Presidents IFrom 11 I'roiiildilc in the nrcliivts of Ihc Dciwirtiiuiit of Slntc] By thk Pkksident ok thk Unitkd vStatks ok America. A PROCLAMATION. Wliorcns bv nn net of the Conj^^rcss of the ITnitcd {States pfisserl the 9th dav t>f I'V'hiuary last, entitled "An act further to suspend the coni- n»ca-ial intercourse between the United States and France and th'j dependencies thereof," it is provided that at any time after the passing of this act it shall be lawful for the President of tlic United States, if he sliall deem it exi»edient and consistent with the interests of the United States, by his order to remit and discontinue for the time being the restraints and prohibitions by the said act imposed, either with respect to the French Republic or to any island, port, or place belonging to the said Republic with which a commercial intercourse may safely be renewetl, and also to revoke such order whenever, in his opinion, the interest of the United States shall require; and he is authorized to make proclamation thereof accordingly; and Wliereas the arrangements which have been made at St. Domingo for the safety of the commerce of the United States and for the admission of American vessels into certain ports of that island do, in my opinion, render it expedient and for the interest of the United States to renew a commercial intercourse with such ports: Therefore I, John Adams, President of the United States, by virtue of the powers vested in me by the above-recited act, do hereby remit and discontinue the restraints and prohibitions therein contained within the limits and under the regulations here following, to wit: 1 . It shall be lawful for vessels which have departed or may depart from the United States to enter the ports of Cape Francois and Port Republicain, formerly called Port-au-Prince, in the said island of St. Domingo, on and after the ist day of August next. 2. No vessel shall be cleared for any other port in St. Domingo than Cape Fran9ois and Port Republicain. 3. It shall be lawful for vessels which shall enter the said ports of Cape Francois and Port Republicain after the 31st day of July next to depart from thence to any other port in said island between Monte Christi on the north and Petit Goave on the west; provided it be done with the consent of the Government of St. Domingo and pursuant to certificates or passports expressing such consent, signed by the consul-general of the United States or consul residing at the port of departure. 4. All vessels sailing in contravention of these regulations will be out of the protection of the United States and be, moreover, liable to capture, seizure, and confiscation John Adams 279 Given under my hand and the seal of the United States, at Philadelphia, the 26th day of June, A. D. 1799, and of the Independence of [SBAL.] ^j^g g^j^ States the twenty-third. JOHN ADAMS. By the President: Timothy Pickering, Secretary of State. THIRD ANNUAL ADDRESS. United States, December 3, 1799. Gentlemen of the Senate and Gentleme?i of the House of Represeiitatives: It is with peculiar satisfaction that I meet the Sixth Congress of the United States of America. Coming from all parts of the Union at this critical and interesting period, the members must be fully possessed of the sentiments and wishes of our constituents. The flattering prospects of abundance from the labors of the people by land and by sea; the prosperity of our extended commerce, notwithstand- ing interruptions occasioned by the belligerent state of a great part of the world; the return of health, industry, and trade to those cities which have lately been afiiicted with disease, and the various and inestimable advantages, civil and religious, which, secured under our happy frame of government, are continued to us unimpaired, demand of the whole American people sincere thanks to a benevolent Deity for the merciful dispensations of His providence. But while these numerous blessings are recollected, it is a painful duty to advert to the ungrateful return which has been made for them by some of the people in certain counties of Pennsylvania, where, seduced by the arts and misrepresentations of designing men, they have openly resisted the law directing the valuation of houses and lands. Such defiance was given to the civil authority as rendered hopeless all further attempts by judicial process to enforce the execution of the law, and it became necessary to direct a military force to be employed, consisting of some companies of regular troops, volunteers, and militia, by whose zeal and activity, in cooperation with the judicial power, order and submission were restored and many of the offenders arrested. Of these, some have been convicted of misdemeanors, and others, charged with various crimes, remain to be tried. To give due effect to the civil administration of Government and to insure a just execution of the laws, a revision and amendment of the judiciary system is indispensably necessary. In this extensive country it can not but happen that numerous questions respecting the interpretation Affssaj^fs and Papers of the Presidents of the laws and the i ii;hls ami iliitks oi olTiocrs niul citizens must arise. 0\\ the one hatul. llic laws should be executed; on the other, individ- uals should Ik- guarded fnmi oppression. Neither of these objects is surticiently assured under the present orj::ani/ation of the judicial depart nient. I therefore eaniestly reconinKiul the subject to your serious con- sideration. IVrseverini; in the ixacific and humane policy which had been inva- riably professed and sincerely pursued by the Executive authority of the lTnite- ct)inieetion, unsafe and preca- rious wouUl l»e our situatitui were we tt) nej;lect the means of niaiutainiui; our just ri>;hts. The result of the mission to France is luicertain; Imt however it may terminate, a steady ]>crscverance in a system of national defense ctHumensurate with our resources and the situation of our country is an ohvious dictate of wisdom; for, remotely as we are placed from the l>elli>jerent nations, and desirous as we are, l)y doing justice to all, to avoid offense to any, nothini^ short of the power of repellinj^ aggressions will secure to our country a rational prospect of escaping the calamities of war or national degradation. As to myself, it is my anxious desire so to execute the trust reposed in me as to render the people of the United States pros^x^rous and happy. I rely with entire confidence on your cooperation in objects equally your care, and that our mutual labors will serve to increase and confirm luiion among our fellow-citizens and an unshaken attachment to our Government. JOHN ADAMS. ADDRESS OF THE SENATE TO JOHN ADAMS, PRESIDENT OF THE UNITED STATES. The President of the United States: Accept, sir, the respectful acknowledgments of the Senate of the United States for your speech delivered to both Houses of Congress at the opening of the present session. While we devoutly join you in offering our thanks to Almighty God for the return of health to our cities and for the general prosperity of the countrj', we can not refrain from lamenting that the arts and calumnies cf factious, designing men have excited open rebellion a second time in Pennsylvania, and therebj^ compelled the employment of a military force to aid the civil authoritj'^ in the execution of the laws. We rejoice that your vigilance, energy, and well-timed exertions have crushed so daring an opposition and prevented the .spreading of such treasonable combina- tions. The promptitude and zeal displayed by the troops called to suppress this insurrection deserve our highest commendation and praise, and afford a pleasing proof of the spirit and alacrity with which our fellow-citizens are ready to maintain the authority of our excellent Gov- ernment. Knowing as we do that the United States are sincerely anxious for a fair and liberal execution of the treaty of amity, commerce, and naviga- tion entered into with Great Britain, we learn with regret that the prog- ress of adjustment has been interrupted by a difference of opinion among the commissioners. We hope, however, that the justice, the modera- tion, and the obvious interests of both parties will lead to satisfactory explanations, and that the business will then go forward to an amicable John Adams 283 close of all differences and demands between the two countries. We are fully persuaded that the lyCgislature of the United States will cheerfully enable you to realize your assurances of performing on our part all engagements under our treaties with punctuality and the most scrupulous good faith. When we reflect upon the uncertainty of the result of the late mission to France and upon the uncommon nature, extent, and aspect of the war now raging in Europe, which affects materially our relations with the powers at war, and which has changed the condition of their colonies in our neighborhood, we are of opinion with you that it would be neither wise nor safe to relax our measures of defense or to lessen any of our preparations to repel aggression. Our inquiries and attention shall be carefully directed to the various other important subjects which you have recommended to our consider- ation, and from our experience of your past Administration we anticipate with the highest confidence your streni:ous cooperation in all measures which have a tendency to promote and extend our national interests and happiness. SAMUKI. EVERMORE, Presidetit of the Senate pro tempore, December 9, 1799. REPLY OF the; PRESIDENT. United States, Deceviber 10, 17pp. Gentlemen of the Senate: I thank you for this address. I wish you all possible success and sat- isfaction in your deliberations on the means which have a tendency to promote and extend our national interests and happiness, and I assure you that in all your measures directed to those great objects you may at all times rely with the highest confidence on my cordial cooperation. The praise of the Senate, so judiciously conferred on the promptitude and zeal of the troops called to suppress the .insurrection, as it falls from so high authority, must make a deep impression, both as a terror to the disobedient and an encouragement of such as do well. JOHN ADAMS. ADDRESS OF THE HOUSE OP REPRESENTATIVES TO JOHN ADAMS, PRESIDENT OF THE UNITED STATES. The President of the United States Sir: While the House of Representatives contemplate the flattering prospects of abundance from the labors of the people by land and by sea. the prosperity of our extended commerce notwithstanding the interrup- tions occasioned by the belligerent state of a great part of the world, the aS^ Messages and Papers of the Presidents rvlumof health, iiuhistry, and trade to those cities which have lately been afthctctl with disease, and the various and inestimable advantages, civil and religious, which, secured under our happy frame of Government, are cuntiuueil to us unimpaired, we can not fail to offer up to a benevolent Deity our sincx-re thanks for these the merciful dispensations of His pro- tivting j^rovitlence. Tluit any portion of the jx^ople of America should permit themselves. amid such nunierous blessings, to be seduced by the arts and misrepresen- tations of designing men into an open resistance of a law of the United States can not be heard without deep and serious regret. Under a Con- stitution where the p'ublic burthens can only be imposed by the people themselves for their own l)encfit and to promote their own objects, a \\o\>^ might well have been indulged that the general interest would have lieen too well luulerstood and the general welfare too highly prized to have in-oduced in any of our citizens a disposition to hazard so much felicity b>' the criminal effort of a part to oppose with lawless violence the will of the whole. While we lament that depravity which could produce a defiance of the civil authority and render indispensable the aid of the military force of the nation, real consolation is to be derived from the promptness and fidelity with which that aid was afforded. That zealous and active cooperation with the judicial power of the volunteers and militia called into .ser\-ice, which has restored order and submission to the laws, is a pleasing evidence of the attachment of our fellow-citizens to their own free Government, and of the trulj' patriotic alacrity with which they will support it. To give due effect to the civil administration of Government and to insure a just execution of the laws are objects of .such real magnitude as to secure a proper attention to your recommendation of a revision and amendment of the judiciary system. Highly approving as we do the pacific and humane policy w^hich has been invariably professed and sincerely pursued by the Executive authority of the United States, a pohcy which our best interests enjoined, and of which honor has permitted the observance, we consider as the most unequiv- ocal proof of your inflexible perseverance in the same well-chosen system your preparation to meet the first indications on the part of the French Republic of a disposition to accommodate the existing differences between the two countries by a nomination of ministers, on certain conditions which the honor of our country unquestionably dictated, and which its moderation had certainly given it a right to prescribe. When the assur- ances thus required of the French Government, previous to the departure of our envoys, had been given through their minister of foreign relations, the direction that they should proceed on their mission was on your part a completion of the measure, and manifests the sincerity with which it was commenced. We offer up our fervent prayers to the Supreme Ruler of the Universe for the success of their embassy, and that it may be pro- John Adams 285 ductive of peace and "happiness to our common country. The uniform tenor of your conduct through a life useful to your fellow-citizens and honorable to yourself gives a sure pledge of the sincerity with which the avowed objects of the negotiation will be pursued on your part, and we earnestly pray that similar dispositions may be displayed on the part of France. The differences which unfortunately subsist between the two nations can not fail in that event to be happily terminated. To produce this end, to all so desirable, firmness, moderation, and union at home constitute, we are persuaded, the surest means. The character of the gentlemen you have deputed, and still more the character of the Gov- ernment which deputes them, are safe pledges to their country that nothing incompatible with its honor or interest, nothing inconsistent with our obligations of good faith or friendship to any other nation, will be stipulated. We learn with pleasure that our citizens, with their property, trading to those ports of St. Domingo with which commercial intercourse has been renewed have been duly respected, and that privateering from those ports has ceased. With you we sincerely regret that the execution of the sixth article of the treaty of amity, commerce, and navigation with Great Britain, an arti- cle produced by a mutual spirit of amity and justice, should have been unavoidably interrupted. We doubt not that the same spirit of amity and the same sense of justice in wliich it originated will lead to satisfactory explanations, and we hear with approbation that our minister at I^ondon will be immediately instructed to obtain them. While the engagements which America has contracted by her treaty with Great Britain ought to be fulfilled with that scrupulous punctuality and good faith to which our Government has ever so tenaciously adhered, yet no motive exists to induce, and every principle forbids us to adopt, a construction which might extend them beyond the instrument by which they are created. We cherish the hope that the Government of Great Britain will disclaim such extension, and by cordially uniting with that of the United States for the removal of all difficulties will soon enable the boards appointed under the sixth and seventh articles of our treaty with that nation to proceed and bring the business committed to them respectively to a satis- factory conclusion. The buildings for the accommodation of Congress and of the President and for the public offices of the Government at its permanent seat being in such a state as to admit of a removal to that District by the time pre- scribed by the act of Congress, no obstacle, it is presumed, will exist to a compliance with the law. With you, sir, we deem the present period critical and momentous. The important changes which are occurring, the new and great events which are every hour preparing in the political world, the spirit of war which is prevalent in almost every nation with whose affairs the interests k Affssn^t's and Papers of the Presidents of the Unittxl States luivo any CDuncotion, ilemonstrale how unsafe and precxirious wouUl he t>ur situation should we neglect the means of main- taining; our just rights. UesjKvting. as we have ever done, the rights of others, America estimates too correctly the value of her own and lias reccivcxl evidence too complete that they are only to be preserved by her owH vigilance ever to ]x?rmit herself to be seduced by a love of ease or by other consiilerations into that deadly disregard of the means of self- defense which could only result from a carelessness as criminal as it would l)e fatal concerning the future destinies of our growing Republic. The result of the mission to France is indeed, sir, uncertain. It depends not on America alone. The mo.st pacific temper will not always insure |->cace. We should therefore exhibit a system of conduct as indi.screet as it wmild be new in the history of the world if we considered the nego- tiation happily terminated becau.se we have attempted to commence it, and jK^ace restored because we wish its restoration. But, sir, however this mi.ssion may tenninate, a steady perseverance in a system of national dcfen.sc counnensurate with our resources and the situation of our coun- try is an obvious dictate of duty. Kxperieuce, the parent of wdsdom and the great instructor of nations, has established the truth of yo\xx jx)sition, that, remotely as we are placed from the belligerent nations and desirous as we are, by doing justice to all, to avoid offense to any, 3'et nothing short of the power of repelling aggressions will secure to our countr>' a rational prospect of escaping the calamities of war or national degradation. In the progress of the session we shall take into our serious considera- tion the various and important matters recommended to our attention. A life devoted to the service of your country, talents and integrity which have so justly acquired and so long retained the confidence and affection of your fellow-citizens, attest the sincerity of your declaration that it is your anxious desire so to execute the trust reposed in you as to render the people of the United States prosperous and happy. December 9, 1799. REPLY OF THE PRESIDENT. United States, December 10, 1799. Gnitlcmcn of the House of Representatives: This very respectful address from the Representatives of the people of the United States, at their first assembly after a fresh election, under the strong impression of the public opinion and national sense, at this inter- esting and singular crisis of our public affairs, has excited my sensibility and receives my sincere and grateful acknowledgments. As long as we can maintain with harmony and affection the honor of our country consistently with its peace, externally and internally, while that is attainable, or in war when that becomes necessary, assert its real John Adams 287 independence and sovereignty, and support tlie constitutional energies and dignity of its Government, we may be perfectly sure, under the smiles of Divine Providence, that we shall effectually promote and extend our national interest and happiness. The applause of the Senate and House of Representatives, so justly bestowed upon the volunteers and militia for their zealous and active cooperation with the judicial power, which has restored order and sub- mission to the laws, as it comes with peculiar weight and propriety from the Legislature, can not fail to have an extensive and permanent effect for the support of Government upon all those ingenuous minds who receive delight from the approving and animating voice of their country. JOHN ADAMS. SPECIAL MESSAGES. United States, December ^, 1799- Gentlemen of the Senate and Gentlemen of the Uozise of Representatives: I transmit to Congress certain documents which have relation to the communications made on Tuesday, on the subjects of the insurrection in Pennsylvania, the renewal of commerce with St. Domingo, and the mis- sion to the French Republic. JOHN ADAMS. TTnited States, December 6, 1799. Gentlemen of the Senate: I lay before you, for your consideration, a treat}' of amity and com- merce between the United States and the King of Prussia, signed by their ministers on the i ith of July last. JOHN ADAMS. UNITKt) States, December ig, 1799. Gentlemen of the Senate and Gentle^nen of the House of Representatives: The letter herewith transmitted will inform you that it has pleased Divine Providence to remove from this life our excellent fellow-citizen, George Washington, by the purity of his character and a long series of services to his country rendered illustrious through the world. It remains for an affectionate and grateful people, in whose hearts he can never die, to pay suitable honors to his memory. JOHN ADAMS. Mount Vernon, December 15^ 179^. The President oe the United States. Sir: It is with inexpressible grief that I have to announce to you the death of the great and good General Washington. He died last eveniuc hetwef-n 10 and i» Mrssages and Paprrs of the Presidents o'clock, after a sliort illness of nlxmt twi-nfy hrc thront, which proceedcil f.um a cold t)f which he mndc but little com- plaint on I'riday. On Saturday iii<.>riiiiiji about 3 o'clock he became ill. Dr. Craik attcndetl hint in the uu>rnin)^, and Dr. Dick, of Alexandria, and Dr. Brown, of Poit T«>U>cco, were stH)n after called \\\. Ivvery niedical assistance was olTered, but witli- out the de.sjred effect. His la.st .scene corresponded with the whole tenor of his lit\ , not a )fn>«n nor a complaint escaped him in extreme distress. With perfect resij; nation and in full {xjsse.ssiou of his rea.son, he clo.sed his well-spent life. I ha\t? the honor to Ix*, with the hij^hest respect, .sir, your most obedient and very humble ser\ant, TOBIAS LKAR. The Senate, havinp; resolved to wait on the President of the Unitea States ' ' to condole with him on the distressing event of the death of General George Washington," proceeded to the hou.se of the President, when the Presirtent of the Senate, in their name, presented the address which had previously been agreed to, as follows: The Prksidknt of the Unitkd States: The Senate of the United States respectfully take leave, .sir, to express to you their deep regret for the loss their country sustains in the death of General George Wa.shington. This event, .so distressing to all our fellow-citizens, must be peculiarly hea\'5' to you, who have long been associated with him in deeds of patri- otism. Permit us, sir, to mingle our tears with yours. On this occa.sion it is manly to weep. To lose such a man at such a crisis is no common calamity to the world. Our country mourns her father. The Almighty Disposer of Human Events has taken from us our greatest benefactor and ornament. It becomes us to submit with reverence to Him who mak- eth darkness His pavilion. With patriotic pride we review the life of our Washington and com- pare him with tho.se of other countries who have been preeminent in fame. Ancient and modern names are diminished before him. Great- ness and guilt have too often been allied, but his fame is whiter than it is brilliant. The destroyers of nations stood abashed at the majesty of his \'irtue. It reproved the intemperance of their ambition and dark- ened the splendor of victory. The scene is closed, and we are no longer anxious lest mi.sfortune should .sully his glory. He has traveled on to the end of his journey and carried with him an increasing weight of honor. He has deposited it safely, where misfortune can not tarnish it, where malice can not blast it. Favored of Heaven, he departed with- out exhibiting the weakness of humanity. Magnanimous in death, the darkness of the grave could not obscure his brightness. Such was the man whom we deplore. Thanks to God, his glory is consummated. Washington yet lives on earth in his spotless example; his .spirit is in Heaven. I^t his countrymen consecrate the memory of the heroic general, the John Adams 289 patriotic statesman, and the virtuous sage. L,ct them teach their children never to forget that the fruit of his labors and his example are their inheritance. SAMUBI. IvIVERMORE, President of the Senate pro tempore. December 23, 1799. To which the President replied as follows: United States, December 23, 1799. Gentlemen of the Senate: I receive with the most respectful and affectionate sentiments in this impressive address the obliging expressions of 3'our regard for the loss our country has sustained in the death of her most esteemed, beloved, and admired citizen. In the multitude of my thoughts and recollections on this melancholy event you will permit me only to say that I have seen him in the days of adversity, in some of the scenes of his deepest distress and most trying perplexities; I have also attended ,him in his highest elevation and most prosperous felicity, with uniform admiration of his wisdom, moderation, and constancy. Among all our original associates in that memorable league of the con- tinent in 1774, which first expressed the sovereign will of a free nation in America, he was the only one remaining in the General Government. Although with a constitution more enfeebled than his at an age when he thought it necessary to prepare for retirement, I feel myself alone bereaved of my last brother; yet I derive a strong consolation from the unanimous disposition which appears in all ages and classes to mingle their sorrows with mine on this common calamity to the world. The life of our Washington can not suffer by comparison with those of other countries who have been most celebrated and exalted by fame. The attributes and decorations of royalty could have only served to eclipse the majesty of those virtues which made him, from being a modest citizen, a more resplendent luminary. Misfortune, had he lived, could hereafter have sullied his glory only with those superficial minds who, believing that characters and actions are marked by success alone, rarely deserve to enjoy it. Malice could never blast his honor, and envy made him a singular exception to her universal rule. For himself, he had lived enough to life and to glory. For his fellow-citizens, if their prayers could have been answered, he would have been immortal. For me, his departure is at a most unfortu- nate moment. Trusting, however, in the wise and righteous dominion of Providence over the passions of men and the results of their councils and actions, as well as over their lives, nothing remains for me but humble resignation. M P— V01.T— II jy* Jlffssat^e'S afu/ Pa/>t^rs of the Presidents lli> example is now ».i>mi>lclo. ami it will teach wisdom and virtue to nuipstrntes, cili/.ens, atul men, imt oiiIn- in llu- present a);e, l>iU in liUnrc generations as Itmj; as onr histoi\- .shall be read. If a Trajan fonnd a Pliny . a Marens Anrelins can never want biographers, enlogi.sts, or hi.s- ^^"*"^- JOHN ADAMS. The Honse of Representatives having resolved inianimonsly t( wait on the Tresident of the United States "in condolence of this national calam- ity," the Sixniker, attended by the House, withdrew to the house of the President, when the Six.>aker addressed the President as follows: Sir: The House of Representatives, penetrated with a sense of the irrei>arable loss sustained by the nation in the death of that great and gcKxl man, the illustrious and beloved Washington, wait on you, sir, to express their condolence on this melancholy and distressing eveut. To which the President replied as follows: United States December ip, lypp. Gentlemefi of the House of Represetitatives: I recei\-e with great respect and affection the condolence of the House of Representatives on the melancholy and affecting event in the death of the most illustrious and beloved personage which this country evei produced. I sympathize with you, with the nation, and with good men through the world iu this irreparable loss sustained by us all. JOHN ADAMS. United States, Dece^yiber jz, 1799. Gentlemen of the Senate: I nominate Timothy Pickering, Secretary of State; Oliver Wolcott, Secretary of the Treasury, and Samuel Sitgreaves, esq. , of Pennsylvania, to be commissioners to adjust and determine, with commissioners appointed under the legislative authority of the State of Georgia, all interfering claims of the United States and that State to territories situate west of the river Chatahouchee, north of the thirty-first degree of north latitude, and south of the cession made to the United States by South Carolina; and also to receive any proposals for the relinquishment or cession of the whole or any part of the other territory claimed by the State of Georgia, and out of the ordinary jurisdiction thereof, according to the law of the United States of the 7th of April, 1798. JOHN ADAMS. United States, January 8, iSr^ Gentlemen of the Senate and Gentlemen of the Hoiise of Representatives: In compliance with the reque.st in one of the resolutions of Congress of the 2ibt of December last, I transmitted a copy of these resolutions, by John Adams 291 my secretary, Mr. Shaw, to Mrs. Washington, assuring her of the pro- found respect Congress will ever bear to her person and character, of their condolence in the late afflicting dispensation of Providence, and entreating her assent to the interment of the remains of General George Washington in the manner expressed in the first resolution. As the sentiments of that virtuous lady, not less beloved by this nation than she is at present greatly afflicted, can never be so well expressed as in her own words, I transmit to Congress her original letter. It would be an attempt of too much delicacy to make any comments upon it, but there can be no doubt that the nation at large, as well as all the branches of the Government, wall be highly gratified by any arrangement which may diminish the sacrifice she makes of her individual feehngs. JOHN ADAMS. Mount Vernon, Decejnber ji, ijgg. The President of the United States. Sir: While I feel with keenest anguish the late dispensation of Divine Providence, I can not be insensible to the mournful tributes of respect and veneration which are paid to the memory of my dear deceased husband; and as his best services and most anxious wishes were always devoted to the welfare and happiness of his country, to know that they were truly appreciated and gratefully remembered affoQis no incon- siderable consolation. Taught by the great example which I have so long had before me never to oppose my private wishes to the public will, I must consent to the request made by Congress, which you have had the goodness to transmit to me; and in doing this I need not, I can not, say what a sacrifice of individual feeling I make to a sense of public duty. With grateful acknowledgments and unfeigned thanks for the personal respect and evidences of condolence expressed by Congress and yourself, I remain, very respect- fully, sir, your most obedient, humble servant, MARTHA WASHINGTON. United St Arr'ES, January ij, 1800. Gefiilemen oj the Senate ayid Gentlemen of the House of Representatives: A report made to me on the 5 th of this month by the Secretary of War contains various matters in which the honor and safety of the nation are deeply interested. I transmit it, therefore, to Congress and recommend it to their serious consideration. JOHN ADAMS. United States, Jayiuary 14., 1800. Gentlemen of the House of Representatives: As the inclosed letter from a member of your House received by me in the night of Saturday, the nth instant, relates to the privileges of the House, which, in my opinion, ought to be inquired into in the House itself, if anywhere, I have thought proper to submit the whole letter and -'9-^ Afrsstixt's nmi Papt'ps of the Ficsidcuts its iciulencics to ycnir consideration without any other comments on its matVcr or style; but as no j^oss impropriety of conduct on the part of jxTMUis holding connnissions in the Army or Navy of the United States OUKht to jxuss without thie animadversion, I have directed the vSecrctary of War and the Secretary of the Navy to investigate tlie conduct com- pl.iinetl of and to rejMirt to me without ilelay such a statement of facts as will cnaMe me to decide on the course which duty and justice shall appear to prescribe. JOHN ADAMS. United Statks, /aw/^ar)' 23, 1800. Gffitlrmrn of the Senate and Gentlemen of the House of Rcprcscyitativcs: I transmit to Conj^n"^'"^^ f^^r the information of the members a report of the Secretary of State of the gth instant, a letter from Matthew Clarkson, esq., to him of the 2d, and a list of the claims adjusted by the commis- sioners under the twenty-first article of our treaty with Spain. JOHN ADAMS. United States, February 14., 1800. Gevtlevien of the House of Representatives: I transmit herewith a copy of the laws enacted b}' the governor and judges of the Mississippi Territory, for the inspection of Congress. There being but this one copy, I must request the House, when they have made the requisite examination, to send it to the Senate. JOHN ADAMS. PROCLAMATIONS. [From C. F. Adams's Works of John Adams, Vol. IX, p. 177.] PROCLAMATION. May 9, 1800. WTiereas by an act of Congress of the United States passed the 27th day of Februar)' last, entitled "An act "further to suspend the commercial intercourse between the United States and France and the dependencies thereof," it is enacted that at any time after the passing of the said act it shall be lawful for the President of the United States, by his order, to remit and discontinue for the time being, whenever he shall deem it expedient and for the interest of the United States, all or any of the restraints and prohibitions imposed by the said act in respect to ttie territories of the hVcnch Republic, or to any island, port, or place belonging to the said Repubhc with which, in his opinion, a commercial John Adams 293 interconrse may l)e safel)' renewed, nnd to make proclamation thereof accordingi}'; and it is also thereby further enacted that the whole of the island of Hispaniola shall, for the purposes of the said act, be considered as a dependence of the French Republic; and Whereas the circumstances of certain ports and places of the said island not comprised in the proclamation of the 26th day of June, 1799, are such that I deem it expedient and for the interest of the United States to remit and discontinue the restraints and prohibitions imposed by the said act in respect to those ports and places in order that a com- mercial intercourse with the same may be renewed: Therefore I, John Adams, President of the United States, by virtue of the powers vested in me as aforesaid, do hereby remit and discontinue the restraints and prohibitions imposed by the act aforesaid in respect to all the ports and places in the said island of Hispaniola from Monte Christi on the north, round by the eastern end thereof as far as the port of Jacmel on the south, inclusively. And it shall henceforth be lawful for vessels of the United States to enter and trade at any of the said ports and places, provided it be done with the consent of the Government of St. Domingo. And for this purpose it is hereby required that such vessels first enter the port of Cape Francois or Port Republicain, in the said island, and there obtain the passports of the said Government, which shall also be signed by the consul-general or consul of the United States residing at Cape Francois or Port Republicain, permitting such vessel to go thence to the other ports and places of the said island hereinbefore mentioned and described. Of all which the collectors of the customs and all other officers and citizens of the United States are to take due notice and govern themselves. In testimony, etc. JOHN ADAMS. [From Annals of Congress, Seventh Congress, second session, 1552.] PROCIvAMATION. By John Adams, Prksidibnt op th:^ United States op America. Whereas the late wicked and treasonable insurrection against the just authority of the United States of sundry persons in the counties of North- ampton, Montgomery, and Bucks, in the State of Pennsylvania, in the year 1799, having been speedily suppressed without any of the calamities usually attending rebellion; whereupon peace, order, and submission to the laws of the United States were restored in the aforesaid counties, and the ignorant, misguided, and misinformed in the counties have returned to a proper sense of their duty, whereby it is become unnecessary for the pubHc good that any future prosecutions should be commenced or car- ried on against any person or persons by reason of their being concerned in the said insurrection: .'iy\ Afrssai^rs and Papers of the P}fsidenis WluTOtorc Ih. It known thai I. John Ay these presents do grant, a full, frr«, and alisoUitc ixirdoti to all and every person or persons concerned in the s;ud insnrreetion, exceptini;- as hereinafter excepted, of all treasons, misprisions of lreast)n, felonies, nnsdenieanors, and other crimes by them resixx'tively done or connnilted against the United States in either of the saitl counties U-fore the i:?th day of March, in the year 1799, excepting anil excluding therefrom every jx-rson who now standeth indicted or cou- \ncted of any treason, misprision of treason, or other offense against the ITnitevl States, whereby remedying and releasing unto all persons, except as before excepted, all pains and penalties incurred, or supposed to be incurred, for or on account of the premises. Given under my hand and the seal of the United States of America, at the city of Philadelphia, this 21st day of May, A. D. 1800, [SEAL. J ^^j ^£ ^jj^ Independence of the said States the twenty-fourth. JOHN ADAMS. By John Adams, President of the United States of America. a proclamation. "UTiereas by an act of the Congress of the United States passed on the 27th day of Februar\- last, entitled "An act further to suspend the commercial intercourse between the United States and France and the dependencies thereof," it is enacted "that at any time after the pass- ing of the said act it shall be lawful for the President of the United States, by his order, to remit and discontinue for the time being, when- ever he shall deem it expedient and for the interest of the United States, all or any of the restraints and prohibitions imposed by the said act in respect to the territories of the French Republic, or to any island, port, or place belonging to the said Republic with which, in his opinion, a commercial intercourse may be safely renewed, and to make proclama- tion thereof accordingly; ' ' and it is also thereby further enacted that the whole of the island of Hispaniola shall, for the purposes of the said act, be considered as a dependence of the French Republic; and Whereas the circumstances of the said islanc' are such that, in my opinion, a commercial intercourse may safely be renewed with ever>^ part thereof, under the limitations and restrictions hereinafter mentioned: Therefore I, John Adams, President of the United States, by virtue of the powers vested in me as aforesaid, do hereby remit and discontinue the restraints and prohibitions imposed by the act aforesaid in respect to every part of the said island, so that it shall be lawful for vessels of the United States to trade at any of the ports and places thereof, pro- vided it be done with the consent of the Government of St. Domingo; and for this purpose it is hereby required that such vessels first clear John Adams 295 for and enter the port of Cape Krau^ais or Port Republicain, in the said island, and there obtain tlie passports of the said Government, which shall also be signed by the consul-general of the United States, or their consul residing at Cape Fran^ais, or their consul residing at Port Repub- licain, permitting such vessels to go thence to the other ports and places of the said island. Of all which the collectors of the customs and all other officers and citizens of the United States are to take due notice and govern themselves accordingly. Given under my hand and the seal of the United States of America, at the city of Washington, this 6th day of September, A. D. [seal.] 1800, and of the Independence of the said States the twenty- fifth. JOHN ADAMS. By the President: J. Marshall, Secretary of State. FOURTH ANNUAL ADDRESS. Unitkd States, November 22, 1800. Gentlemen of the Senate and Gentlemen of the House of Representatives: Immediately after the adjournment of Congress at their last session in Philadelphia I gave directions, in compliance with the laws, for the removal of the public offices, records, and property. These directions have been executed, and the public officers have since resided and con- ducted the ordinary business of the Government in this place. I congratulate the people of the United States on the assembling of Congress at the permanent seat of their Government, and I congratu- late you, gentlemen, on the prospect of a residence not to be changed. Although there is cause to apprehend that accommodations are not now so complete as might be wished, yet there is great reason to believe that this inconvenience will cease with the present session. It would be unbecoming the representatives of this nation to assemble for the first time in this solemn temple without looking up to the Supreme Ruler of the Universe and imploring His blessing. May this territory be the residence of virtue and happiness ! In this city may that piety and virtue, that wisdom and magnanimity, that con- stancy and self-government, which adorned the great character whose name it bears be forever held in veneration! Here and throughout our country may simple manners, piire morals, and true religion flourish forever! It is with you, gentlemen, to consider whether the local powers over tbe District of Columbia vested by the Constitution in the Congress of jc)6 Mrssaj^^t-s tin,/ Pa/yrrs of the Presidents the lTn^U^l Stales shall W iiiniuHli.ilcly exercised. If in your opinion this imix>rtant trust oiij^ht now to l»e executed, you can not fail while |>crfonninvr it to take intt)view the future probable situation of the terri- tory for the happiness of which \(>u are alx)ut to provide. You will consider it as the capital of a >;reat nation advaucinj; with unexanij^led rapidity in arts, in conunerce. in wealth, and in pojiulation, and po.ssess- in>j within itself tho.se cnerj^ies and resources which, if not thrown away or lamentably nii.sdirected. will .secure to it a lon^ course of prosperity and self-K^nennnent. In cvmipliance with a law of the last session of Congress, the officers and soldiers of the temporary army have been discharged. It affords real pleasure to recollect the honorable testimony they gave of the patri- otic motives which brought them into the service of their country, by the readiness and regularity with which they returned to the station of private citizens. It is in every point of view of such primary importance to carry the laws into prompt and faithful execution, and to render that part of the administration of justice which the Cou-stitution and laws devolve on the Federal courts as convenient to the people as may consist with their present circumstances, that I can not omit once more to recommend to your serious consideration the judiciary system of the United States. No subject is more interesting than this to the public happiness, and to none can those improvements which may have been suggested by expe- rience \y^ more l)eneficially applied. A treaty of amity and commerce wdtli the King of Prussia has been concluded and ratified. The ratifications have been exchanged, and I have directed the treaty to l^e pronuilgated by proclamation. The difficulties which suspended the execution of the sixth article of our treaty of amity, commerce, and navigation with Great Britain have not yet been removed. The negotiation on this subject is still depending. As it must Ije for the interest and honor of both nations to adjust this difference with good faith, I indulge confidently the expectation that the .sincere endeavors of the Government of the United States to bring it to an amicable termination will not be disappointed. The envoys extraordinary and ministers plenipotentiary from the United States to France were received by the First Consul with the respect due to their character, and three persons with equal powers were appointed to treat with them. Although at the date of the last official intelligence the negotiation had not terminated, 3^et it is to be hoped that our efforts to effect an accommodation will at length meet with a success proportioned to the .sincerity with which they have been so often repeated. While our best endeavors for the pre.servation of harmony with all nations will ccjntiuue to be used, the experience of the world and our own ex]H:riL-ucc admonish us of the insecurity of trusting too confidently to I heir success. We cau uot, without committing u dangerous impru* John Adams 295 dencr, abandon those nionsnrcs of self-protection which are adapted to our situation and to which, notwithstanding our pacific poHcy, the violence and injustice of others may again compel us to resort While our vast extent of seacoast, the commercial and agricultural habits of our people, the great capital they will continue to trust on the ocean, suggest the system of defense which will be most beneficial to ourselves, our distance from Europe and our resources for maritime strength will enable us to employ it with effect. Seasonable and systematic arrangements, so far as our resources will justify, for a navy adapted to defensive war, and which may in case of necessity be quickly brought into use, seem to be as much recommended by a wise and true economy as by a just regard for our future tranquillity, for the safety of our shores, arid for the pro- tection of our property committed to the ocean. The present Navy of the United States, called suddenly into existence by a great national exigency, has raised us in our own esteem, and by the' protection afforded to our commerce has effected to the extent of our expectations the objects for which it was created. In connection with a navy ought to be contemplated the fortification of some of our principal seaports and harbors. A variety of considera- tions, which will readily suggest themselves, urge an attention to this measure of precaution. To give security to our principal ports consid- erable sums have already been expended, but the works remain incomplete. It is for Congress to determine whether additional appropriations shall be made in order to render competent to the intended purposes the forti- fications which have been commenced. The manufacture of arms within the United States still invites the attention of the National Legislature. At a considerable expense to the public this manufacture has been brought to such a state of maturity as, with continued encouragement, will supersede the necessity of future importations from foreign countries. Geyitlemen of the Hoiise of Representatives: I shall direct the estimates of the appropriations necessary for the ensuing year, together with an account of the public revenue and expend- iture to a late period, to be laid before you. I observe with much satis- faction that the product of the revenue during the present year has been more considerable than during any former equal period. This result affords conclusive evidence of the great resources of this country and of the wisdom and efficiency of the measures which have been adopted by Congress for the protection of commerce and preservation of public credit. Ge7itle7nen of the Sejiate and Gentlemen of the House of Representatives: As one of the grand community of nations, our attention is irresistibly drawn to the important scenes which surround us. If they have exhib- ited an uncommon portion of calamity, it is the province of humanity to 3^ Aftss(jj:t's and Paprrs of the Pnsidrnts deplori- and »>f wistlom lo avoi.l tlio causes which may have pnuhiccd it. If. tmniuK oui eyes hoiiu\vai»» Affssai^rs and Papers of the Presidents I ihank you. >;ctitlonK"n. for your assurance that tlic several subjects for lc>jislatJve consitlcratiou recomnieiulecl in my communication to both Houses shall receive from the Senate a deliberate and candid attention. With you, Kenllemen. I sincerely deprecate all spirit of innovation which may weaken the s;icred bond that connects the different parts of this nation and Government, and with you I trust that under the protec- tion of Divine Proviilence the wisdom and virtue of our citizens will deliver our national compact unimpaired to a free, prosperous, happy, and pratefnl ixxsterity. To this end it is my fer\'ent prayer that in this city the founilations of wisdom may be alwaj's opened and the streams of elo- quence forever flow. Here may the youth of this extensive country forever kxik up without disapjiointment, not only to the monuments and memorials of the dead, but to the examples of the living, in the members of Congjess and officers of Government, for finished models of all those virtues, graces, talents, and accomplishments which constitute the dignity of human nature and lay the only foundation for the prosperity or dura- tion of empiies. JOHN ADAMS. ADDRESS OF THE HOUSE OF REPRESENTATIVES TO JOHN ADAMS, PRESIDENT OF THE UNITED STATES. John Adams, President of the United States, Sir: The House of Representatives have received with great respect the communication which you have been pleased to make to the two Houses of Congress at the commencement of the present session. The final establishment of the seat of National Government, which has now taken place, within the District of Columbia is an event of no small importance in the political transactions of our country, and we cordially unite our wishes with yours that this Territory may be the residence of happiness and virtue. Nor can we on this occasion omit to express a hope that the spirit which animated the great founder of this city may descend to future gen- erations, and that the wisdom, magnanimity, and steadiness which marked the events of his public life may be imitated in all succeeding ages. A consideration of those powers which have been vested in Congress over the District of Columbia will not escape our attention, nor shall we forget that in exercising these powers a regard must be had to those events which will necessarily attend the capital of America. The cheerfulness and regularity with whici^ the officers and soldiers of the temporary army have returned to the condition of private citizens is a testimony clear and conclusive of the purity of those motives which induced them to engage in the public service, and will remain a proof on -11 future occasions that an army of soldiers drawn from the citizens of onr country deserve our confidence and respect. John Ad ami 30 1 No subject can be more iniportaut Ihati tliat oi the judiciary, which you have again recommended to our consideration, and it shall receive our early and deliberate attention. The Constitution of the United States having confided the manage- ment of our foreign negotiations to the control of the Executive power, we cheerfully submit to its decisions on this important subject; and in respect to the negotiations now pending with France, we sincerely hope that the final result may prove as fortunate to our country as the most ardent mind can wish. So long as a predatory war is carried on against our commerce we should sacrifice the interests and disappoint the expectations of our con- stituents should we for a moment relax that system of maritime defense which has resulted in such beneficial effects. At this period it is confi- dently believed that few persons can be found within the United States who do not admit that a navy, well organized, must constitute the natural and efficient defense of this country against all foreign hostility. The progress which has been made in the manufacture of arms leaves no doubt that the public patronage has already placed this country beyond all necessary dependence on foreign markets for an article so indispensa- ble for defense, and gives us assurances that, under the encouragement which Government will continue to extend to this important object, we shall soon rival foreign countries not only in the number but in the qual- ity of arms completed from our own manufactories. Few events could have been more pleasing to our constituents than that great and rapid increase of revenue which has arisen from perma- nent taxes. Whilst this event explains the great and increasing resources of our country, it carries along with it a proof which can not be resisted that those measures of maritime defense which were calculated to meet our enemy upon the ocean, and which have produced such extensive protec- tion to our commerce, were founded in wisdom and policy. The mind must, in our opinion, be insensible to the plainest truths which can not discern the elevated ground on which this policy has placed our country. That national spirit which alone could vindicate our common rights has been roused, and those latent energies which had not been fully known were unfolded and brought into view, and our fellow-citizens were pre- pared to meet every event which national honor or national security could render necessary. Nor have its effects been much less important in other respects. Whilst many of the nations of the earth have been impoverished and depopulated by internal commotions and national contests, our internal peace has not been materially impaired; our commerce has extended, under the protection of our infant Navy, to every part of the globe; wealth has flowed without intermission into our seaports, and the labors of the husbandman have been rewarded by a ready market for the pro- ductions of the soil. ^»,» Aftssaefs and Pij/>frs of the P}-cst\ic>tts He assmotl, sir. lh;it tlu- variiuis ;iiul iinpoilaiit siilijcvts ivroniinciuled to our cousiileratiou shall rt-Cfivf our early ami deliberate atleiiliou; and, cxnitidtat of ymir eiHij)eralion in every measure which may 1)C calculated lo promote the jietieral interest, we shall endeavor on our part to testily by our industry aud dispatcli the zeal aud biuccrit}- with which wc regard the plihlic gixnl NoVKMBKK .H>, iSOO. REPLY ()!• THE PRESIDENT, Washington, November 2y, rSoo. Mr. Speaker and Geritlevieii of the HoJise of Reprcse7itatives: Compelled by the habits of a long life, as well as by all the principles of society aud government which I could ever understand and believe, to consider the great Iwdy of the people as the source of all legitimate authority no less than of all efficient power, it is impossible for me to recei\-e this address from the immediate Representatives of the American people at this time and in this place without emotions which it would be improper to express if any language could convey them. May the spirit which animated the great founder of this city descend to future generations, and may the wisdom, magnanimity, and steadiness which marked the events of his public life be imitated in all succeed- ing ages. I thank you, gentlemen, for your assurance that the judiciary system shall receive your deliberate attention. With you, gentlemen, I sincerely hope that the final result of the negotiations now pending with France may prove as fortunate to our country as they have been commenced with sincerity and prosecuted with deliberation and caution. With you I cordially agree that so long as a predatory war is carried on against our commerce we should sacri- fice the interests and disappoint the expectations of our constituents should we for a moment relax that system of maritime defense which has resulted in such beneficial effects. With you I confidently believe that few persons can be found within the United States who do not admit that a navy, well organized, must constitute the natural and efi5- cient defense of this country against all foreign hostility. Those who recollect the distress and danger to this country in former periods from the want of arms must exult in the assurance from their Representatives that we shall soon rival foreign countries not only in the number but in the quality of arms completed from our own manufactories. With you, gentlemen, I fully agree that the great increase of revenue is a proof that the measures of maritime defense were founded in wisdom. This policy has raised us in the esteem of foreign nations. That national spirit and those latent energies which had not been and are not yet fully Vjiowu to any were not entirely forgotter. by those who had Uved long John Adayns 303 enough to see in former times their operation and some of their effects. Our fellow-citizens were undoubtedly prepared to meet every event which national honor or national security could render necessary. These, it is to be hoped, are secured at the cheapest and easiest rate; if not, they will be secured at more expense. I thank you, gentlemen, for your assurance that the various subjects recommended to your consideration shall receive your deliberate atten- tion. No further evidence is wanting to convince me of the zeal and sincerity with which the House of Representatives regard the public good. I pray you, gentlemen, to accept of my best wishes for your health and happiness. JOHN ADAMS. SPECIAL MESSAGES. United States, December 75*, 1800. Gejitlemcn of the Senate: I transmit to the Senate, for their consideration and decision, a conven- tion, both in English and French, between the United States of America and the French Republic, signed at Paris on the 30th day of September last by the respective plenipotentiaries of the two powers. I also trans- mit to the Senate three manuscript volumes containing the journal of our envoys. JOHN ADAMS. United States, January i, 1801. Gentlemen of the Senate and Gentlemen of the House of Representatives: I transmit to both Houses of Congress, for their information and coa- sideration, copies of laws enacted by the governor and judges of the Mis- sissippi Territory from the 30th of June imtil the 31st of December, A. D. 1799. JOHN ADAMS. United STA.'T'ns, Jamiary 77, 1801. Gentlemen of the Senate and Gentlemen of the House of Representatives: I have received from Elias Boudinot, esq., Director of the Mint of the United States, a report of the 2d of January, representing the state of it, together with an abstract of the coins struck at the Mint from the ist of January to the 31st of December, 1800; an abstract of the expenditures of the Mint from the ist of January to the 31st of December, inclusive; a statement of gain on copper coined at the Mint from the ist of January 3(X| Aft'ssnj^ts and Pnptrs of the Presidents to the ;,i>t *>f IVivmlKT. iSoo. and a certificate frtnn Joseph Richardson, a-ssaycr of the Mint, ascertaining the vahic of vSpanisli milled donbloons in pro|x>rlion to the >;old c«)ins of the United vStates to be no more than S4 cents and ^IJ jxirtsof a cent for i innnyweiKht, or 28 grains and glSJf jvirts i>f a Y^xMW to one dollar These pai)ers I transmit to Congress for their cousideratiou. JOHN ADAMS. United St atks, /««//« ry 21, 1801. Gmllcmrn of the Senate: In compliance with yonr reqnest, signified in your resolution of the 20th day of this mouth, I transmit you a report made to me by the Sec- retary of State on the same day, a letter of our late envoys to him of the 4th of Octol>er last, an extract of a letter from our minister plenipoteu- tian,- in I^ondon to him of the 2 2d of November last, and an extract of another letter from the minister to the Secretary of the 31st of October 3ast. The reasoning in the letter of our late envoys to France is so fully supjKjrted by the writers on the law of nations, particularly by Vattel, as well as by his great masters, Grotius and Puffendorf , that nothing is left to be desired to settle the point that if there be a collision between two treaties made with two different powers the more ancient has the advantage, for no engagement contrary to it can be entered into in the treaty afterwards made; and if this last be found in any case incompat- ible with the more ancient one its execution is considered as impossible, because the person promising had not the power of acting contrary^ to his antecedent engagement. Although our right is very clear to negotiate treaties according to our own ideas of right and justice, honor and good faith, yet it must always be a satisfaction to know that the judgment of other nations with whom we have connection coincides with ours, and that we have no reason to apprehend that any disagreeable questions and discus- sions are likely to arise. The letters from Mr. King wall therefore be read by the Senate wdth particular satisfaction. The inconveniences to public ofl&cers and the mischiefs to the public arising from the publication of the dispatches of ministers abroad are so numerous and so obvious that I request of the Senate that these papers, especially the letters from Mr. King, be considered in close confidence. JOHN ADAMS. United States, January jo, 1801. Gentlemen of the Senate and Gentleme?i of the House of Representatives: I transmit to Congress for their consideration a letter from William Thornton, Alexander White, and William Cranch, esquires, commis- sioners of the city of Washington, with a representation of the affairs of John Adams 2PS the city made by tliem to the President of the United States, dated 28th of January, 1801, accompanied with a series of documents marked from A to H, inclusively, JOHN ADAMS. United vStatks, February 16, 180 1. Gentlemen of the Seriate and Gentle'incn of the House of Representatives: I wish to know the pleasure of Congress and request their direction concerning the disposition of the property of the United States now in my possession; whether I shall deliver it into the hands of the heads of Departments, or of the commissioners of the city of Washington, or of a committee of Congress, or to any other persons Congress may appoint, to be delivered into the hands of my successor, or whether I shall present it myself to the President of the United States on the 4th of March next. Any of these modes will be agreeable to me. JOHN ADAMS. United States, February 20, 180 1. Gentlemen of the Senate and Gentlemen of the House of Representatives: I transmit to Congress a report received this morning from Elias Boudinot, esq., Director of the Mint, dated February 13, 1801, which will require the attention and decision of Congress before the close of the session. JOHN ADAMS. United States, March 2, 180 j ■ Gentlemen of the Senate: I have considered the advice and consent of the Senate to the ratifica- tion of the convention with France under certain conditions. Although it would have been more conformable to niy own judgment and inclination to have agreed to that instrument unconditionally, yet as in this point I found I had the misfortune to differ in opinion from so high a constitu- tional authority as the Senate, I judged it more consistent with the honor and interest of the United States to ratify it under the conditions pre- scribed than not at all. I accordingly nominated Mr. Bayard minister plenipotentiary to the French Republic, that he might proceed without delay to Paris to negotiate the exchange of ratifications; but as that gen- tleman has declined his appointment, for reasons equally applicable to every other person suitable for the service, I shall take no further meas- ures relative to this business, and leave the convention, with all the docu- ments, in the Office of State, that my successor may proceed with them according to his wisdom. JOHN ADAMS. yM^ Messages and Papers of the Pyesidcnts PROCLAMATION. January 30, 1801. To thf Sniators of the United States, respectively. Sik: It apjK'ariii); to inc proper and necessary, for the public service that the Senate of the United States should be convened on Wednesday, the 4th of March next, you are desired to attend in the Chamber of the Sctiatc on that day, at 10 o'clock in the forenoon, to receive and act upon any conununications wliich the President of the United States may then lay Ix'fore you touching their interests, and to do and consider all other things which may be proper and necessary for the public service for the Senate to do and consider. JOHN ADAMS, President of the United States. Thomas Jefferson March 4, 1801, to March 4, 1809 SEE VOLUME XI. Volume eleven is not only an index to the other volumes, not only a key that unlocks the treasures of the entire publication, but it is in itself an alphabetically arranged brief history or story of the great controlling events constituting the His- tory of the United States. Under its proper alphabetical classification the story is told of every great sub- ject referred to by any of the Presidents in their official Messages, and at the end of each stor3' the official utterances of the Presidents themselves are cited upon the subject, so that you may readily turn to the page in the body of the work itself for this original information. Next to the possession of knowledge is the ability to turn at will to where knowledge is to be found. \ to xqc- ■ -* '=-6iB"' *l6ir»v MONTICELLO, VIRGINIA, HOME OF THOMAS JEFFERSON with official portrait engraved from copy of original In 8t«*l ■IT 1S0B BY BUREAU CF NATIONAL LITERATURE AND ART Thomas Jefferson . Thomas Jkfferson was born at Shad well, Albemarle County, Va., on April 2 (old style), 1743. He was the oldest son of Peter Jefferson, who died in 1757. After attending- private schools, he entered Wilham and Mary College in 1760. In 1767 began the practice of the law. In 1769 was chosen to represent his county in the Virginia house of bur- gesses, a station he continued to fill up to the period of the Revolution. He married Mrs. Martha Skelton in 1772, she being a daughter of John VVayles, an eminent lawyer of Virginia. On March 12, 1773, was chosen a member of the first committee of correspondence established by the Colonial legislature. Was elected a delegate to the Continental Congress in 1775; was placed on the Committee of Five to prepare the Declaration of Independence, and at the request of that committee he drafted the Declaration, which, with slight amendments, was adopted July 4, 1776. Resigned his seat in Congress and occupied one in the Virginia legisla- ture in October, 1776. Was elected governor of Virginia by the legis- lature on June i, 1779, to succeed Patrick Henry. Retired to private life at the end of his term as governor, but was the same year elected again to the legislature. Was appointed commissioner with others to negotiate treaties with France in 1776, but declined. In 1782 he was appointed by Congress minister plenipotentiary to act with others in Europe in negotiating a treaty of peace with Great Britain. Was again elected a Delegate to Congress in 1783, and as a member of that body he advocated and had adopted the dollar as the unit and the present system of coins and decimals. In May, 1784, was appointed minister plenipo- tentiary to Europe to assist John Adams and Benjamin Franklin in nego- tiating treaties of commerce. In March, 1 785 , was appointed by Congress minister at the French Court to succeed Dr. Franklin, and remained in France until September, 1789. On his arrival at Norfolk, November 23, 1789, received a letter from Washington offering him the appointment of Secretary of State in his Cabinet. Accepted and became the first Secre- tary of State under the Constitution. December 31, 1793, resigned his place in the Cabinet and retired to private life at his home. In 1 796 was brought forward by his friends as a candidate for President, but Mr. Adams, receiving the highest number of votes, was elected President, and Jefferson became Vice-President for four years from March 4, 1797. In 1800 was again voted for by his party for President. He and Mr. Burt received an equal number of electoral votes, and under the Constitution 307 ^,vS Aft-ssaj^rs and Papers of the Presidents tlio Ihujsc of Representatives was calleil upon to elect. Mr. Jefferson was chosen on the thirty-.sixth ballot. Was reelected in 1804, and retired finally from public life March 4, i8oc). lie died on the 4th day of July, lis JO, and was buried at Monticello, Va. NOTIFICATION OF ELECTION. Mi. Pinckney, from the committee instructed on the i8th in.stant to wait on the President elect to notify him of his election, reported that the conunittee had, according to order, performed that service, and addressed the President elect in the following words, to wit : The conunittee l>eg leave to express their wishes for me prosperity of your Administration and their sincere desire that it may promote your own happiness and the welfare of our country. To which the President elect was pleased to make the following reply : I receive, gentlemen, with profound thankfulness this testimony of confidence from the great representative council of our nation. It fills up the measure of that grateful satisfaction which had alread}^ been derived from the suffrages of my fellow-citizens themselves, designating me as one of those to whom they were willing to commit this charge, the most important of all others to them. In deciding between the candi- dates whom their equal vote presented to your choice, I am .sensible that age has l)een respected rather than more active and useful qualifications. I know the difficulties of the station to which I am called, and feel and acknowledge my incompetence to them. But whatsoever of luider- standing, whatsoever of diligence, w^iatsoever of justice or of affectionate concern for the happiness of man, it has pleased Providence to place within the compass of my faculties shall be called forth for the discharge of the duties confided to me, and for procuring to my fellow-citizens all the benefits which our Constitution has placed under the guardianship of the General Government. Guided by the w-isdom and patriotism of those to whom it belongs to express the legislative will of the nation, I will give to that will a faithful execution. I pray you, gentlemen, to convey to the honorable body from which you are deputed the homage of my humble acknowledgments and the .sentiments of zeal and fidelity by which I shall endeavor to merit these proofs of confidence from the nation and its Representatives; and accept yourselves my particular thanks for the obliging terms in which you have been pleased to communicate their will. TH: JEFFERSON. Februa-ry 20. 1 801. Thomas Jefferson 309 LETTER FROM THE PRESIDENT ELECT. The President laid before the Senate a letter from the President elect of the United States, which was read, as follows: Washington, March 2, 1801. The President pro tempore of the Senate. Sir: I beg leave through you to inform the honorable the Senate of the United States that I propose to take the oath which the Constitution prescribes to the President of the United States before he enters on the execution of his office on Wednesday, the 4th instant, at 12 o'clock, in the Senate Chamber. I have the honor to be, with the greatest respect, sir, your most obedi- ent and most humble servant, TH: JEFFERSON. (The same letter was sent to the House of Representatives.) FIRST INAUGURAL ADDRESS. AT WASHINGTON, D. C. Friends and Fellow-Citize7is. Called upon to undertake the duties of the first executive office of our country, I avail myself of the presence of that portion of my fellow-citi- zens which is here assembled to express my grateful thanks for the favor with which they have been pleased to look toward me, to declare a sin- cere consciousness that the task is above my talents, and that I approach it with those anxious and awful presentiments which the greatness of the charge and the weakness of my powers so justly inspire. A rising nation, spread over a wide and fruitful land, traversing all the seas with the rich productions of their industry, engaged in commerce with nations who feel power and forget right, advancing rapidly to destinies beyond the reach of mortal eye — when I contemplate these transcendent objects, and see the honor, the happiness, and the hopes of this beloved country committed to the issue and the auspices of this day, I shrink from the contemplation, and humble myself before the magnitude of the undertaking, Utterly, indeed, should I despair did not the presence of many whom I here see remind me that in the other high authorities provided by our Consti- tution I shall find resources of wisdom, of virtue, and of zeal on which to rely under all difficulties. To you, then, gentlemen, who are charged with the sovereign functions of legislation, and to those associated with you, I look with encouragement for that guidance and support which may ;io Afe'ssni^^s and Pnp<'rs of thr Presidents cnaMr lis to stcor with siilVtN tlir \rsscl in wliicli wc .\\v .ill omhnrked amidst thr contliolinv; ik-mctUs of a tioiihkd world. Diirinjj the contest of opinion thfoiigh which we have passed the ani- nuition of thscussions and of exertions has sometimes worn an aspect which mik;ht imixise on strangers muised to think freely and to speak and to write what they think; Init this l^ing now decided by the voice of the nation, ainionnced according to the rules of the Constitution, all will, of course, arrange themselves luider the will of the law, and unite ui com- mon efforts for the conunon good. . All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to Tevail, that will to l>e rightful nnist be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression. Let us, then, fellow-citizens, unite with one heart and one mind. Let us restore to social intercourse that harmony and affec- tion without which liberty and even life itself are but dreary' things. And let us reflect that, having banished from our land that religious intolerance under which mankind so long bled and suffered, we have yet gained little if we countenance a political intolerance as despotic, as wicked, and capable of as bitter and bloody persecutions. During the throes and convulsions of the ancien"!" world, during the agonizing spasms of infuriated man, seeking through blood and slaughter his long-lost lib- erty, it was not wonderful that the agitation of the billows should reach even this distant and peaceful shore; that this should be more felt and feared by some and less by others, and should divide opinions as to measures of safety. But ever>' difference of opinion is not a difference of principle. We have called by different names brethren of the same principle. We are all Republicans, we are all Federalists. If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it. I know, indeed, that some honest men fear that a repub- lican government can not be strong, that this Government is not strong enough; but would the honest patriot, in the full tide of successful experiment, abandon a government which has so far kept us free and firm on the theoretic and \'isionary fear that this Government, the world's Ijest hope, may by possibility want energy to presence itself? I trust not. I believe this, on the contrarj% the strongest Government on. earth. I believe it the only one where every man, at the call of the law, would fly to the standard of the law, and would meet invasions of the public order as his own personal concern. Sometimes it is said that man can not be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the forms of kings to govern him ? Let history answer this question. Let us, then, with courage and confidence pursue our own Federal and Republican principles, our attachment to union and representative Tho7nas Jeffersoft' 311 govemmetit. Kindly separated by nature and a wide ocean from the exterminating havoc of one quarter of the globe ; too high-minded to endure the degradations of the others ; possessing a chosen country, with room enough for our descendants to the thousandth and thousandth gen- eration; entertaining a due sense of our equal right to the use of our own faculties, to the acquisitions of our own industry, to honor and confidence from our fellow-citizens, resulting not from birth^ut from our actions and their sense of them; enlightened by a benign religion, professed, indeed, and practiced in various forms, yet all of them inculcating honesty, truth, temperance, gratitude, and the love of man ; acknowledging and adoring an overruling Providence, which by all its dispensations proves that it delights in the happiness of man here and his greater happiness hereafter — with all these blessings, what more is necessary to make us a happy and a prosperous people? Still one thing more, fellow-citizens — a wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities. About to enter, fellow-citizens, on the exercise of duties which com- prehend everything dear and valuable to you, it is proper you should understand what I deem the -essential principles of our Government, and consequently those which oughc to shape its Administration. I will compress them within the narrowest compass they will bear, stating the general principle, but not all its limitations. Equal and exact justice to all men, of whatever state or persuasion, religious or political; peace, commerce, and honest friendship with all nations, entangling alliances with none; the support of the State governments in all their rights, as the most competent administrations for our domestic concerns and the surest bulwarks against antirepublican tendencies; the preservation of the General Government in its whole constitutional vigor, as the sheet anchor of our peace at home and safety abroad; a jealous care of the right of election by the people — a mild and safe corrective of abuses which are lopped by the sword of revolution where peaceable remedies are unprovided; absolute acquiescence in the decisions of the majority, the vital principle cC republics, from which is no appeal but to force, the vital principle and immediate parent of despotism; a well-dis- ciplined militia, our best reliance in peace and for the first moments of war, till regulars may relieve them; the supremacy of the civil over the military authority, tconomy in the public expense, that labor may be lightly burthened; the honest payment of our debts and sacred preserva- tion of the public faith; encouragement of agriculture, and of commerce as its handmaid; the diffusion of information and arraignment of all abuses at the bar of the public reason; freedom of religion; freedom of the press, and freedom of jjcrson under the protection of the habeas corpus. ;ij Aftssat^ts tifii/ Pt7/)i'rs of the Presidents ami trial l\v juries impartially selected. These principles Ic^rm the hripht constellation which has ^one before lis and >;uided our steps through an age of rcvoluiion and reformation. The wisdom of our sages and hlixxl of our hen>es ha\e Ik-cu tlcvoted to their attainment. They should Iv the creed of our |H>litical faith, the text of civic instruction, the touchstone by which to try the services of those we trust; and .should we wander from them in moments of error or of alann, let us hasten to retrace our steps and to regain the road which alone leads to peace, lilx.*rty. and s;ifety. I repair, then, fellow-citizens, to the post you have assigned me. With ex|x"rience enough in sulxirdinate offices to have seen the difficulties of this the greatest of all, I have learnt to expect that it will rarely fall to the lot of imperfect man to retire from this station with the reputation and the favor which bring him into it. Without pretensions to that high confidence you reposed in our first and greatest revolutionary character, whose preeminent services had entitled him to the first place in his coun- tr>-'s love and destined for him the fairest page in the volume of faithful history, I ask so nuich confidence only as may give firmness and effect to the legal administration of your affairs. I shall often go wrong through defect of judgment. When right, I .shall often be thought wrong by those whose positions will not command a view of the whole ground. I ask 3-our indulgence for my own errors, which will never be intentional, and yonx support against the errors of others, who may condemn what they would not if seen in all its parts. The approbation implied by your suffrage is a great consolation to me for the past, and my future solicitude will be to retain the good opinion of those who have bestowed it in advance, to conciliate that of others by doing them all the good in my power, and to be instrumental to the happiness and freedom of all. Relying, then, on the patronage of your good will, I advance with obedience to the work, ready to retire from it whenever you become sen- sible how much better choice it is in your power to make. And may that Infinite Power which rules the destinies of the universe lead our councils to what is best, and give them a favorable issue for your peace and prosperity. March 4, i8oi. PROCLAMATION. [From the National Intelligencer, March 13, iSoi.] By the President of the United States. Whereas by the first article of the terms and conditions declared by the President of the United vStates on the 17th day of October, 1791, for regulating the materials and manner of buildings and improvements Thomas Jefferson 313 on the lots in the city of Washington, it is provided " that the outer and party walls of all houses in the said city shall be built of brick or stone; " and by the third article of the same terms and conditions it is declared ' * that the wall of no house shall be higher than 40 feet to the roof in any part of the city, nor shall any be lower than 35 feet in any of the avenues; " and Whereas the above-recited articles were found to impede the settlement in the city of mechanics and others whose circumstances did not admit of erecting houses authorized by the said regulations, for which cause the President of the United States, by a writing under his hand, bearing date the 25th day of June, 1796, suspended the operation of the said articles until the first Monday of December, 1800, and the beneficial effects aris- ing from such suspension having been experienced, it is deemed proper to revive the same : Wherefore I, Thomas Jefferson, President of the United States, do declare that the operation of the first and third articles above recited shall be, and the same is hereby, suspended until the ist day of January, 1802, and that all the houses which shall be erected in the said city of Washington previous to the said ist day of January, 1802, conformable in other respects to the regulations aforesaid, shall be considered as law- fully erected, except that no wooden house shall be erected within 24 feet of any brick or stone house. Given under my hand this nth day of March, 1801. TH: JEFFERSON. In communicating his first message to Congress, President Jefferson addressed the following letter to the presiding oflScer of each branch of the National Legislature: December 8, 1801. The Honorable the President of the Senate. Sir: The circumstances under which we find ourselves at this place rendering inconvenient the mode heretofore practiced of making by per- sonal address the first communications between the legislative and execu- tive branches, I have adopted that by message, as used on all subsequent occasions through the session. In doing this I have had principal regard to the convenience of the Legislature, to the economy of their time, to their relief from the embarrassment of immediate answers on subjects not yet fully before them, and to the benefits thence resulting to the pubhc affairs. Trusting that a procedure founded in these motives will meet their approbation, I beg leave through you, sir, to communicate the inclosed message, with the documents accompanying it, to the honorable the Senate, and pray you to accept for yourself and them the homage of my high respect and consideration, TH: JEFFERSON. ;! , Aft'ssaurs and Pnprrs of the President:, FIRST ANNUAL MESSAGE. ^ Deckmber 8, 1801 FfUou'-Citiznis of the Senate and I/oiisr of RepreseJitatjves: It is a circuinstatKv of sincere .uratificatiou to me that on meeting the jjreat council of our nation I am able to announce to them on grounds of reasonable certaiiUy that the wars and tr()ul)les which have for so many years afflicted our sister nations have at length come to an end, and that the conununicatious of peace and commerce are once more opening amoni^^ them. Whilst we devoutly return thanks to the beneficent Bciui^ who has lx?en pleased tt) l)reathe into them the spirit of conciliation and forgi\'c- ness, we are bound with peculiar gratitude to be thankful to Him that our own j>eace has been preserved through so perilous a season, and our- selves i>ennitted quietly to cultivate the earth and to practice and impro\e those arts which tend to increase our comforts. The assurances, indeed, of friendly disposition received from all the powers with wdiom we have principal relations had inspired a confidence that our peace with them would not have been disturbed. But a cessation of irregularities which had affected the commerce of neutral nations and of the irritations and injuries produced by them can not but add to this confidence, andstrengtli- ens at the same time the hope that wrongs committed on unoffending friends under a pressure of circumstances will now be reviewed with can- dor, and will be considered as founding just claims of retribution for the past and new assurance for the future. Among our Indian neighbors also a spirit of peace and friendship generally prevails, and I am happy to inform you that the continued efforts to introduce among them the implements and the practice of hus- bandry and of the hotisehold arts have not been without success; that they are becoming more and more sensible of the superiority of this dependence for clothing and subsistence over the precarious resources of hunting and fishing, and already we are able to announce that instead of that constant diminution of their numbers produced by their wars and their wants, some of them begin to experience an increase of population. To this state of general peace with which we have been blessed, one only exception exi.sts. Tripoli, the least considerable of the Barbary States, had come forward with demands unfounded either in right or in compact, and had permitted itself to denounce war on our failure to com- ply before a given day. The style of the demand admitted but one answer. I sent a small squadron of frigates into the Mediterranean, with assurances to that power of our sincere desire to remain in peace, but with orders to protect our commerce against the threatened attack. The measure was seasonable and salutar)^ The Bey had already declared war. His cruisers were out. Two had arrived at Gibraltar. Thomas Jcjfcyson 315 Our commerce m the Mediterranean was blockaded and that ol the Atlantic in peril. The arrival of our squadron dispelled the danger. One of the Tripolitan cruisers having fallen in with and engaged the small schooner Enterprise, commanded by I^ieutenant Sterret, which had gone as a tender to our larger vessels, was captured, after a heavy slaugh- ter of her men, without the loss of a single one on our part. The bravery exhibited by our citizens on that element will, I trust, be a testimony to the world that it is not the want of that virtue which makes us seek their peace, but a conscientious desire to direct the energies of our nation to the multiplication of the human race, and not to its destruction. Unauthorized by the Constitution, without the sanction of Congress, to go beyond the line of defense, the vessel, being disabled from committing further hostil- ities, was liberated with its crew. The I^egislature will doubtless consider whether, by authorizing measures of offense also, they will place our force on an equal footing with that of its adversaries. I communicate all material information on this subject, that in the exercise of this impor- tant function confided by the Constitution to the Legislature exclusively their judgment may form itself on a knowledge and consideration of every circumstance of weight. I wish I could say that our situation with all the other Barbary States was entirely satisfactory. Discovering that some delays had taken place in the performance of certain articles stipulated by us, I thought it my duty, by immediate measures for fulfilling them, to vindicate to ourselves the right of considering the effect of departure from stipulation on their side. From the papers which will be laid before you you will be enabled to judge whether our treaties are regarded by them as fixing at all the measure of their demands or as guarding from the exercise of force our vessels within their power, and to consider how far it will be safe and expedient to leave our affairs with them in their present posture. I lay before you the result of the census lately taken of our inhabitants, to a conformity with which we are now to reduce the ensuing ratio of representation and taxation. You will perceive that the increase of num- bers during the last ten years, proceeding in geometrical ratio, promises a duplication in httle more than twenty-two years. We contemplate this rapid growth and the prospect it holds up to us, not with a view to the injuries it may enable us to do others in some future day, but to the settlement of the extensive country still remaining vacant within our limits to the multiplication of men susceptible of happiness, educated in the love of order, habituated to self-government, and valuing its bless- I ings above all price. ' Other circumstances, combined with the increase of numbers, have ' produced an augmentation of revenue arising from consumption in a 1 ratio far bej'oud that of population alone; and though the changes in i foreign relations now taking place so desirably for the whole world may j for a season affect this branch of revenue, yet weighing all probabihties of ^i6 Aft'ss^x^'s and Papers of the Presidents ex|x»nsc as well as of income, there is reasonable j;roun(l of confidence that we may now s;ifcly dispense with all the internal taxes, comprehend- ! \\\<^ excise, stamps, anctions, licenses, carriaj^es, and refined .snj^ars, to which the jxista^eiMi newspajK-rs may he added to facilitate the progress of information, and that the remaining sonrces of revenne will be sufficient to proviile for the supiH)rt of C'.overnnient, to pay the interest of the pub- lic ilebts, and to discharge the principals within shorter periods than the Inws or the general expectation had contemplated. War, indeed, and untowanl events may change this prospect of things and call for expenses which the imposts could not meet; but sound principles will not justify our taxing the industry of our fellow-citizens to accumulate treasure ft >r wars to hapix^n we know not when, and which might not, perhaps, happen but from the temptations offered by that treasure. These views, however, of reducing our burthens are formed on the ex|x?ctation that a sensible and at the same time a salutary reduction ma^• take place in our habitual expenditures. For this purpose thcjse of the civil Government, the Army, and Navy will need revisal. When we consider that this Government is charged with the external and nuitual relations only of these States; that the States themsehcs have principal care of our persons, our property, and our reputation, con- stituting the great field of human concerns, we may well doubt wliethcr our organization is not too complicated, too expensive; whether offices and officers have not been multiplied unnecessarily and sometimes inju- riously to the sennce they were meant to promote. I will cause to l>e laid Ix'fore you an essay toward a statement of those who, under pulilic employment of various kinds, draw money from the Treasury or from our citizens. Time has not permitted a perfect enumeration, the ram- ifications of office being too multiplied and remote to be completely traced in a first trial. Among those who are dependent on Executive discretion I have begun the reduction of what was deemed unnecessary The expenses of diplomatic agency have been considerably diminished. The inspectors of internal revenue who were found to obstruct the ac- countability of the institution have been discontinued. Several agencies created by Executive authority, on salaries fixed by that also, have been suppressed, and should suggest the expediency of regulating that power by law, so as to subject its exercises to legislative inspection and sanc- tion. Other reformations of the same kind will be pursued with that caution which is requisite in removing useless things, not to injure what is retained. But the great mass of public offices is established by law, and therefore by law alone can be abohshed. Should the Legislature think it expedient to pass this roll in review and try all its parts by the test of public utility, they may be assured of every aid and light which Execu- tive information can yield. Considering the general tendency to multiply offices and dependencies and to increase expense to the ultimate term of bturthen which the citizen can bear, it behooves us to avail ourselves of Thomas Jefferson 317 every occasion which presents itself for taking off the surcharge, that it never may be seen here that after leaving to labor the smallest portion of its earnings on which it can subsist, Government shall itself consume the whole residue of what it was instituted to guard. In our care, too, of the public contributions intrusted to our direction it would be prudent to multiply barriers against their dissipation by appropriating specific sums to every specific purpose susceptible of defi- I nitiou ; by disallowing ail applications of money varying from the appro- i priation in object or transcending it in amount; by reducing the undefined field of contingencies and thereby circumscribing discretionary powers \ over money, and by bringing back to a single department all accounta- ; bilities for money, where the examinations may be prompt, efficacious, iand uniform. i An account of the receipts and expenditures of the last year, as pre- pared by the Secretary of the Treasury, will, as usual, be laid before you. i The success which has attended the late sales of the public lands shews [that with attention they may be made an important source of receipt, i' Among the payments those made in discharge of the principal and interest of the national debt will shew that the public faith has been exactly maintained. To these will be added an estimate of appropriations neces- sary for the ensuing year. This last will, of course, be affected by such modifications of the system of expense as you shall think proper to adopt. A statement has been formed by the Secretary of War, on mature I consideration, of all the posts and stations where garrisons will be expe- jdient and of the number of men requisite for each garrison. The whole amount is considerably short of the present military establishment. For the surplus no particular use can be pointed out. For defense against invasion their number is as nothing, nor is it conceived needful or safe that a standing army should be kept up in time of peace for that purpose. Uncertain as we must ever be of the particular point in our circumference where an enemy may choose to invade us, the only force which can be ready at every point and competent to oppose them is the body of neigh- boring citizens as formed into a militia. On these, collected from the parts most convenient in numbers proportioned to the invading force, it is best to rely not only to meet the first attack, but if it threatens to be permanent to maintain the defense until regulars may be engaged to relieve them. These considerations render it important that we should at every session continue to amend the defects which from time to time shew themselves in the laws for regulating the militia until they are suflSciently perfect. Nor should we now or at any time separate until we can say we have done everything for the militia which we could do were an enemy at our door. The provision of military stores on hand will be laid before you, that you may judge of the additions still requisite. With respect to the extent to which our naval preparations should be ^iS Aft'ssm^^t's anti Pnf>frs of the Pttsidt'nts ouiietl s«-»mf .hlTiniKv oi dpimoii iii.iy Ik^- fx])tclril to appear, hut just atleiitUMi ti> the ciicumslancis of every |»art of the Union will doubtless rt-ooncilc all. A small ft)ree will jnobably continue to be wanted for netual Si-rvicc in the Meililerranean. Whatever annual sum beyond that you inav ihink projx-r to appropriate to naval preparations would perhaps be belter eniployetl in jirovidinjj: those articles which may be kept without vastc or consumption, and h^ in readiness when any exigence calls them iMto use. Progress has lx.'en made, as will appear by papers now com- niunicateil. in ])rovi(Ung materials for 74-gun ships as directed by law. How far the authority given by the Legislature for procuring and establishing sites for naval purposes has been perfectly understood and pursued in the execution admits of some doubt. A .statement of the ex{x>nses already incurred on that subject is now laid before you. I have in certain cases suspended or slackened these expenditures, that the Legislature might determine whether .so many yards are necessary as have been contemplated. The works at this place are among those pennitted to go on, and five of the seven frigates directed to be laid up have been brought and laid up here, where, besides the safety of their position, they are under the eye of the Executive Administration, as well as of its agents, and where yourselves also will be guided by your own view in the legislative provisions respecting them which may from time to time l)e necessary. They are preserved in such condition, as well the vessels as whatever belongs to them, as to be at all times ready for sea on a short warning. Two others are yet to be laid up so soon as they shall have received the repairs requisite to put them also into sound condition. As a superintending officer will be necessary at each yard, his duties and emoluments, hitherto fixed by the Executive, will be a more proper sub- ject for legislation. A communication will also be made of our progress in the execution of the law respecting the vessels directed to be sold. The fortifications of our harbors, more or less advanced, present con- siderations of great difficulty. While some of them are on a scale suffi- ciently proportioned to the advantages of their position, to the efficacy of their protection, and the importance of the points within it, others are so extensive, will cost so nuich in their first erection, so much in their \ maintenance, and require such a force to garrison them as to make it , questionable what is best now to be done. A statement of those com- menced or projected, of the expenses already incurred, and estimates of their future cost, as far as can be foreseen, shall be laid before you, that you may be enabled to judge whether any alteration is necessary in the laws respecting this subject. Agriculture, manufactures, commerce, and navigation, the four pillars of our prosperity, are then most thriving when left most free to individual enterprise. Protection from casual embarrassments, however, may sometimes be seasonably interposed. If in the course of your observa- tions or inquiries they should appear to need any aid within the limits of Thomas Jefferson 319 «ur constitutional powers, your sense of their importance is a sufficient assurance they will occupy your attention. We can not, indeed, but all feel an anxious solicitude for the difficulties under which our carrying trade will soon be placed. How far it can be relieved, otherwise than by time, is a subject of important consideration. The judiciary system of the United States, and especially that portion of it recently erected, will of course present itself to the contemplation of Congress, and, that they may be able to judge of the proportion which the institution bears to the business it has to perform, I have caused to be procured from the several States and now lay before Congress an exact statement of all the causes decided since the first establishment of the courts, and of those which were depending when additional courts and judges were brought in to their aid. And while on the judiciary organization it will be worthy your con- sideration whether the protection of the inestimable institution of juries has been extended to all the cases involving the security of our persons I and property. Their impartial selection also being essential to their value, we ought further to consider whether that is sufficiently secured in those States where they are named by a marshal depending on Executive will or designated by the court or by officers dependent on them. I can not omit recommending a revisal of the laws on the subject of - naturalization. Considering the ordinary chances of human life, a denial of citizenship under a residence of fourteen years is a denial to a great proportion of those who ask it, and controls a policy pursued from their first settlement by many of these States, and still believed of consequence to their prosperity; and shall we refuse to the unhappy fugitives from dis- tress that hospitality which the savages of the wilderness extended to our fathers arriving in this land? Shall oppressed humanity find no asylum on this globe? The Constitution indeed has wisely provided that for admission to certain offices of important trust a residence shall be required sufficient to develop character and design. But might not the general character and capabilities of a citizen be safely communicated to every- one manifesting a bona fide purpose of embarking his life and fortunes permanently with us, with restrictions, perhaps, to guard against the fraudulent usurpation of our flag, an abuse which brings so much embarrassment and loss on the genuine citizen and so much danger to the nation of being involved in war that no endeavor should be spared to detect and suppress it ? These, fellow-citizens, are the matters respecting the state of the nation which I have thought of importance to be submitted to your con- sideration at this time. Some others of less moment or not yet ready for communication will be the subject of separate messages. I am happy in this opportunity of committing the arduous affairs of our Government to the collected wisdom of the Union. Nothing shall be wanting on my part to inform as far as in my power the legislative judgment, nor to M P — vol. I— 12 -^30 Aff'ssaj^^s and Papers of the Presidents cmry that jtulKnuMit int«> faithful cxcxnitioti. The prudence and temper- ance «>f yt»ur ihs«.ussit)ns will promote within your own walls that concil- iation which St) nuich l>cfricnils rati«)nal conclnsit)n, and by its example will encourage among our constituents that progress of opinion which is tending to unite them in object and in will. That all should l)e satisfied with any one order of things is not to be expected; but I indulge the pleasing jK-rsunsion that the great body of our citizens will cordially con- cur in honest ami disinterested efforts which have for their object to pre- ser\e the Cieneral and State Governments in their constitutional form and eiiuilibrium; to maintain ]>eace abroad, and order and obedience to the laws at home; to establish principles and practices of administration favorable to the security of liberty and property, and to reduce expenses to what is uecessarj- for the useful purposes of Government. TH: JEFFERSON. SPECIAL MESSAGES. December ii, i8oi. Gentlemen of the Senate: Early in the last month I received the ratification by the First Consul of France of the convention between the United States and that nation. His ratification not being pure and simple in the ordinary form, I have thought it my duty, in order to avoid all misconception, to ask a second adNnce and consent of the Senate before I give it the last sanction by pro- claiming it to be a law of the land. TH: JEFFERSON. December 22, 1801. Gentlemen of the Senate: The States of Georgia and Tennessee being peculiarly interested in our carr>'ing into execution the two acts passed by Congress on the 19th of February-, 1799 (chapter 115), and 13th May, 1800 (chapter 62), com- missioners were appointed early in summer and other measures taken for the purpose. The objects of these laws requiring meetings with the Cherokees, Chickasaws, Choctaws, and Creeks, the inclosed instructions were prepared for the proceedings with the three first nations. Our appli- cations to the Cherokees failed altogether. Those to the Chickasaws produced the treaty now laid l^efore you for your advice and consent, whereby we obtained permission to open a road of communication with the Mississippi Territory. The commissioners are probably at this time in conference with the Choctaws. Further information having been wanting when thtise instructions were formed to enable us to prepare Thomas Jefferson 321 those respecting the Creeks, the commissioners were directed to proceed with the others. We have now reason to beheve the conferences with the Creeks can not take place till the .spring. The journals and letters of the commissioners relating to the subject of the treaty now inclosed accompany it. TH: JEFFERSON. December 22, 1801. Gentlemen of the Senate and of the House of Representatives: I now inclose sundry documents supplementary to those communicated to you with my message at the commencement of the session. Two others of considerable importance — the one relating to our transactions with the Barbary Powers, the other presenting a view of the offices of the Govern- ment — shall be communicated as soon as they can be completed. TH: JEFFERSON. December 23, 1801. Gentlemen of the Senate and of the House of Representatives: Another return of the census of the State of Maryland is just received from the marshal of that State, which he desires may be substituted as more correct than the one first returned by him and communicated by me to Congress. This new return, with his letter, is now laid before you. TH: JEFFERSON. January ii, 1802. Gentlemen of the Senate and of the House of Representatives. I now communicate to you a memorial of the commissioners of the city of Washington, together with a letter of later date, which, with their me- morial of January 28, 1801, will possess the I^egislature fully of the state of the public interests and of those of the city of Washington confided to them. The moneys now due, and soon to become due, to the State of Maryland on the loan guaranteed by the United States call for an early attention. The lots in the city which are chargeable with the payment of these moneys are deemed not only equal to the indemnification of the public, but to insure a considerable surplus to the city to be employed for its improvement, provided they are offered for sale only in sufiicient numbers to meet the existing demand. But the act of 1796 requires that they shall be positively sold in such numbers as shall be necessary for the punctual payment of the loans. Nine thousand dollars of interest are lately become due, $3,000 quarter yearly will continue to become due, and $50,000, an additional loan, are reimbursable on the ist day of November next. These sums would require sales so far beyond Xh& ^jj Afrssagfs and Pamirs of the Presidents acliuil demand of the market that it is apprehended that the whole prop- erty may be thereby sacrificed, the public security destroyed, and the residuary interest of the city entirely lost. Under these circumstances I have thoukjht it my duty before I proceed to direct a rigorous execution of the law to submit the subject to the consideration of the Legislature. Whether the public interest will be better secured in the end and that of the citv .savetl by offering sales commensurate only to the demand at market , and advancing from the Treasury in the first instance what these may prove deficient, to be replaced by subsequent sales, rests for the determination of the Legislature. If indulgence for the funds can be ad- mittctl, they will probably form a resource of great and permanent value ; and their embarrassments have been produced only by overstrained exertions to provide accommodations for the Government of the Union. TH: JEFFERSON. January 12, 1802. Gmtlrmcn of the Senate: I now communicate to 3'ou a letter from the Secretary of State inclos- ing an estimate of the expenses which appear at present necessary for carrying into effect the convention between the United States of America and the French Republic, which has been prepared at the request of the House of Representatives. TH: JEFFERSON. January 27, 1802. Gentlemen of the Senate and of the House of Representatives: I lay before you the accounts of our Indian trading houses, as rendered up to the ist day of Januarj^ 1801, with a report of the Secretary of War thereon, explaining the effects and the situation of that commerce and the reasons in favor of its further extension. But it is believed that the act authorizing ihis trade expired so long ago as the 3d of March, 1799. Its revival, therefore, as well as its extension, is submitted to the consid- eration of the Legislature. The act regulating trade and intercourse with the Indian tribes will also expire on the 3d day of March next. While on the subject of its continuance it will be worthy the consideration of the Legislature whether the provisions of the law inflicting on Indians, in certain cases, the punish- ment of death by hanging might not permit its commutation into death by military execution, the form of the punishment in the former way being jx;culiarly repugnant to their ideas and increasing the obstacles to the surrender of the criminal. These peoi)le are Ijecoming very .sensible of the baneful effects produced on their morabs, their health, and existence by the abuse of ardent spirits, Thomas Jefferson 333 and some of them earnestly desire a proliibition of that article from being carried among them. The lyCgislature will consider whether the effec- tuating that desire would not be in the spirit of benevolence and liberal- ity which they have hitherto practiced toward these our neighbors, and which has had so happy an effect toward conciliating their friendship. It has been found, too, in experience that the same abuse gives frequent rise to incidents tending much to commit our peace with the Indians. It is now become necessary to run and mark the boundaries between them and us in various parts. The law last mentioned has authorized this to be done, but no existing appropriation meets the expense. Certain papers explanatory of the grounds of this communication are herewith inclosed. TH: JEFFERSON. February 2, 1802. Gentlemen of the Senate and of the House of Representatives: I now lay before 3'ou — 1. A return of ordnance, arms, and military stores the property of the United States. 2. Returns of muskets and bayonets fabricated at the armories of the United States at Springfield and Harpers Ferry, and of the expenditures at those places ; and 3. An estimate of expenditures which may be necessary for fortifica- tions and barracks for the present year. Besides the permanent magazines established at Springfield, West Point, and Harpers Ferry, it is thought one should be established in some point convenient for the States of North Carolina, South Carolina, and Georgia. Such a point will probably be found near the border of the Carolinas, and some small provision by the Legislature preparatory to the establishment will be necessary for the present year. We find the United States in possession of certain iron mines and works in the county of Berkeley and State of Virginia, purchased, as is presum- able, on the idea of establishing works for the fabrication of cannon and other military articles by the public. Whether this method of sup- plying what may be wanted will be most advisable or that of purchasing at market where competition brings everything to its proper level of price and quality is for the lyCgislature to decide, and if the latter alternative be preferred, it will rest for their further consideration in what way the subjects of this purchase may be best employed or disposed of. The Attorney-General's opinion on the subject of the title accompanies this. There are in various parts of the United States small parcels of land which have been purchased at different times for cantonments and other military purposes. Several of them are in situations not likely to be accommodated to future purposes. The loss of the records prevents a 3^4 Afissnf^rs nuti Pn/^rrs of the Presidents detailcil statement of these until they ean he siipph.d hv iiKHiiry. lu the meantime, one of them, eimtaiiiing SS acres, in (he comity of Essex, in New Jersey, pureliased in i7«)i) an»l sold the following year to Cornelius Vermule and Amlrew Ccxlmas, though its i)riee has l>een received, can not be coiu-eyetl without authority from the Legislature. I inclose herewith a letter from the Secretary of War on the subject of the islauils in the lakes and rivers of tmr northern lH)undary, and of cer- tain lands in the ueighlwrhotKl of some of our military posts, on which it may be expedient for the Legislature to make some provisions. TH: JEFFERSON. February i6, 1802. Crtttltfnm of the Smafc and of the Hojtse of Representatives: I now transmit a statement of the expenses incurred by the United States in their transactions with the Barbary Powers, and a roll of the persons having office or employment under the United States, as was proposed in my messages of December 7 and 22. Neither is as perfect as could have been wished, and the latter not so much so as further time and inquir)' may enable us to make it. The great volume of these communications and the delay it would produce to make out a second copy will, I trust, be deemed a sufficient reason for sending one of them to the one House, and the other to the other, with a request that they may be interchanged for mutual infor- mation rather than to subject both to further delay. TH: JEFFERSON. February 18, 1802. Gentlemen of the Senate and of the House of Representatives: In a message of the 2d instant I inclosed a letter from the Secretary of War on the subject of certain lands in the neighborhood of our mili- tary posts on which it might be expedient for the Legislature to make some provisions. A letter recently received from the governor of Indi- ana presents some further views of the extent to which such provision may l>e needed. I therefore now transmit it for the information of Congress. TH: JEFFERSON. February 24, 1802. Gentlemen of the Senate and of the House of Representatives: I communicate to both Houses of Congress a report of the Secretary of the Treasury on the subject of our marine hospitals, which appear to require legislative attention. As connected with the same subject, I also inclose information respect- Thomas Jefferson 325 ing the situation of our seamen and boatmen frequenting the port of New Orleans and suffering there from sickness and the want of accommoda- tion. There is good reason to believe their numbers greater than stated in the.se papers. When we consider how great a proportion of the terri- tory of the United States must communicate with that port singly, and how rapidly that territory is increasing its population and productions, it may perhaps be thought reasonable to make hospital provisions there of a different order from those at foreign ports generally. TH: JEFFERSON. February 25, 1802. Gentlemen of the Senate and of the House of Representatives: No occasion having arisen since the last account rendered by my pred- ecessor of making use of any part of the moneys heretofore granted to defray the contingent charges of the Government, I now transmit to Congress an ofl&cial statement thereof to the 31st day of December last, when the whole unexpended balance, amounting to $20,911.80, was car- ried to the credit of the surplus fund, as provided for by law, and this account consequently becomes finally closed. TH: JEFFERSON. February 26, 1802. Gentlemen of the Senate and of the House of Representatives: Some statements have been lately received of the causes decided or depending in the courts of the Union in certain States, supplementary or corrective of those from which was formed the general statement accom- panying my message at the opening of the session. I therefore commu- nicate them to Congress, with a report of the Secretary of State noting their effect on the former statement and correcting certain errors in it which arose partly from inexactitude in some of the returns and partly in analyzing, adding, and transcribing them while hurried in preparing the other voluminous papers accompanying that message. TH: JEFFERSON. March i, 1802. Gentlemen of the Senate and of the House of Representatives: I transmit for the information of Congress letters recently received from our consuls at Gibraltar and Algiers, presenting the latest view of the state of our affairs with the Barbary Powers. The sums due to the Government of Algiers are now fully paid up, and of the gratuity which had been promised to that of Tunis, and was in a course of preparation, a small portion only remains still to be finished and delivered. TH: JEFFERSON. 3j(, Alt'ssa^t's and Papi'ts of the Presidents Makcii 9, 1802. GrHilemni of tkr Senate. Tho yovenior of New York Ims desired that, in addition to the negotia- tions with cvrtain huHans already authorized under the superintendenee of John Taylor, further negotiations should be held with the Oneidas and olhei incinlK-rs of the Ct>nfederaey of the Six Nations for the purehase t>f lands in and for the State of New York, which they are willinjj^ to sell, as explained in the letter from the Secretary of War herewith sent. I have therefore thought it better to name a commissioner to superintend the negotiations specified with the Six Nations generally, or with any of them. I do accordingly nominate John Taylor, of New York, to be commis- sioner for the I'nited States, to hold a convention or conventions between the State of New York and the Confederacy of the Six Nations of Indi- ans, or any of the nations composing it. This nomination, if ad\'ised and consented to by the Senate, will com- prehend and supersede that of February i of the same John Taylor so far as it respected the Seneca Indians. TH: JEFFERSON. March to, 1802. Genileynev of the Senate: I now .submit for the ratification of the Senate a treaty entered into by the commissioners of the United States with the Choctaw Nation of Indians, and I transmit therewith so much of the instructions to the com- missioners as related to the Choctaws, with the minutes of their proceed- ings and the letter accompanying them, TH: JEFFERSON. March 29, 1802. Gentlemeyi of the Senate and of the House of Representatives: The Secretary of State, charged with the civil affairs of the several Ter- ritories of the United States, has received from the marshal of Colum- l.na a statement of the condition, unavoidably di.stressing, of the persons committed to his custod}" on civil or criminal process and the urgency for some legislative provisions for their relief. There are other important cases wherein the laws of the adjoining States under which the Territory is placed, though adapted to the purposes of those Stltes, are insufl&cient for those of the Territor>' from the dissimilar or defective organization of its authorities. The letter and statement of the marshai and the dis- •juieting state of the Territory generally are now .submitted t: the wisdom and consideration of the L,egislature. TH: JEFFERSON„ Thomas Jefferson 327 March 29, 1802. Gentlemen of ihe Senate: The commissioners who were appointed to carry into execution the sixth article of the treaty of amity, commerce, and navigation between the United States and His Britannic Majesty having differed in opinion qs to the objects of that article and discontinued their proceedings, the Executive of the United States took early measures, by instructions to our minister at the British Court, to negotiate explanations of that article. This mode of resolving the difficulty, however, proved unacceptable to the British Government, which chose rather to avoid all further discus- sion and expense under that article by fixing at a given sum the amount for which the United States should be held responsible under it. Mr. King was consequently authorized to meet this proposition, and a settle- ment in this way has been effected by a convention entered into with the British Government, and now communicated for your advice and consent, together with the instructions and correspondence relating to it. The greater part of these papers being originals, the return of them is re- quested at the convenience of the Senate. TH: JEFFERSON. March 30, 1802. Gentlemen of the Senate and of the House of Representatives: The Secretary of War has prepared an estimate of expenditures for the Army of the United States during the year 1802, conformably to the act fixing the military peace establishment, which estimate, with his letter accompanying and explaining it, I now transmit to both Houses of Congress. TH: JEFFERSON. March 31, 1802. Gentlemen of the House of Representatives: According to the desire expressed in your resolution of the 23d instant, I now transmit a report of the Secretary of State, with the letters it refers to, shewing the proceedings which have taken place under the resolution of Congress of the i6th of April, 1800. The term prescribed for the exe- cution of the resolution having elapsed before the person appointed had sat out on the service, I did not deem it justifiable to commence a course of expenditure after the expiration of the resolution authorizing it. The correspondence which has taken place, having regard to dates, will place this subject properly under the view of the House of Representatives. TH: JEFFERSON. jaS Afe'ssaj^rx and Papers of the Presidents Atkii, S. iRo2 GrntUmen of ihf Senate: In order to satisfy as far as it is in my ]n-)\ver tlic desire expressed in your resolution of the 6th instant, 1 now transmit you a letter from John Rcail. agent for the United States before the board of commissioners under the sixth article of the treaty with Great Britain, to the Attoruey- ("ieiieral. lK'arin>; date the -\sth of April, 1801, in which he ji^ives a sum- niar>- view i>f the proceeilings of those conunissioners and of the principles establisheil or insisted on by a majority of them. Supix^sing it might Ik' jiracticable for us to settle by negotiation with Great Hritain the jirinciples which t)Ught to govern the decisions under the treaty, I caused instructions to be given to Mr. Read to analyze the claims lx.>fore the board of commi.ssioners, to class them under the prin- ciples on which they respectively depended, and to state the sum depending on each principle or the amount of each description of debt. The object of this \vas that we might know what principles were most important for us to contend for and what others might be conceded wathout much injury-. He performed this duty, and gave in such a statement during the last summer, but the chief clerk of the Secretary of State's office l)eing absent on account of sickness, and the onl}^ person acquainted with the arrangement of the papers of the office, this particular document can not at this time be found. Having, however, been myself in possession of it a few days after its receipt, I then transcribed from it for my own use the recapitulation of the amount of each description of debt. A copy of this transcript I shall subjoin hereto, with assurances that it is substantially correct, and wnth the hope that it will give a view of the subject sufficiently precise to fulfill the wishes of the Senate. To save them the delay of waiting till a copy of the agent's letter could be made, I send the original, with the request that it may be returned at the con- venience of the Senate. TH: JKFFKRSON. Aprii, 15, 1802. Gentlemen of the House of Representatives: I now transmit the papers desired in your resolution of the 6th instant. Those respecting the Berceau will sufficiently explain themselves. The officer charged with her repairs states in his letter, received August 27, 1 80 1, that he had been led by circumstances, which he explains, to go considerably beyond his orders. In questions between nations, who have no common umpire but reason, something must often be yielded of mutual opinion to enaljle them to meet in a common point. The allowance which had been proposed to the officers of that vessel being represented as too small for their daily necessities, and still more so as the means of paying before their departure debts contracted with our Thomas Jefferson 329 citizens for subsistence, it was requested on their behalf that the daily pay of each might be the measure of their allowance. This being solicited and reimbursement assumed by the agent of their nation, I deemed that the indulgence would have a propitious effect in the moment of returning friendship. The sum of $870.83 was accordingly furnished them for the five months of past captivity and a proportional allowance authorized until their embarkation. TH: JEFFERSON. April 20, 1802. Gentlcvicn of the House of Representatives: I transmit you a report from the Secretary of State, with the information desired by the House of Representatives, of the 8th of January, relative to certain spoliations and other proceedings therein referred to. TH; JEFFERSON. April 26, 1802. Gentlemen of the Senate and of the House of Representatives: In pursuance of the act entitled "An act supplemental to the act entitled 'An act for an amicable settlement of limits with the State of Georgia, and authorizing the establishment of a government in the Mis- sissippi Territory,' " James Madison, Secretary of State, Albert Gallatin, Secretary of the Treasury, and Levi lyincoln, Attorney-General of the United States, were appointed commissioners to settle by compromise with the commissioners appointed by the State of Georgia the claims and cession to which the said act has relation. Articles of agreement and cession have accordingly been entered into and signed by the said commissioners of the United States and of Georgia, which, as they leave a right to Congress to act upon them legislatively at any time within six months after their date, I have thought it my duty immediately to communicate to the Legislatture, TH: JEFFERSON. April 27, 1802. Gentlemen of the Senate and of the House of Representatives: The commissioners who were appointed to carry into execution the sixth article of the treaty of amity, commerce, and .navigation between the United States and Great Britain having differed in their construction of that article, and separated in consequence of that difference, the Presi- dent of the United States took immediate measures for obtaining conven- tional explanations of that article for the government of the commissioners. Finding, however, great difficulties opposed to a settlement in that way, X\o Mfssa^rs and Papers of the Presidents he authorizeii our minister at the Ci>iirt of Lotidon to meet a proposition that the rtiiteil vStates by the payment oi a fixeil sum shoultl discharge themselves from their responsibiUty ior such debts as can not be recovered from the individual debtors. A convention has accordingly been signed, fixing the sum to l)e paid at /'6c».cx>3 in three ecjual and annual install- ments, which has l)een ratified by me with the advice and consent of the Senate. I now tiyinsmit copies thereof to both Houses of Congress, trusting that in the free exercise of the authority which the Constitution has given them on the subject of public expenditures they will deem it for the public interest to ajipropriate the sums necessary for carrj-ing this con- vciitiou into execution. TH: JKFFKRSON. SECOND ANNUAL MESSAGE. December 15, 1802, To the Se7iatc and House of Representatives of the United States: When we assemble together, fellow-citizens, to consider the state of our belo\-ed countr}^ our just attentions are first drawn to those pleasing circumstances which mark the goodness of that Being from whose favor they flow and the large measure of thankfulness we owe for His bounty. Another year has come around, and finds us still blessed with peace and friendship abroad; law, order, and religion at home; good affection and harmony with oiu- Indian neighbors; our burthens lightened, yet our income sufficient for the public wants, and the produce of the year great bej'ond example. These, fellow-citizens, are the circumstances under which we meet, and we remark wdth special satisfaction those which under the smiles of Pro\'idence result from the skill, industry, and order of our citizens, managing their own affairs in their own way and for their own use, imembarrassed by too much regulation, unoppressed by fiscal exactions. On the restoration of peace in Europe that portion of the general car- r>'ing trade which had fallen to our share during the war was abridged by the returning competition of the belligerent powders. This was to be expected, and was just. But in addition we find in some parts of Europe monopolizing discriminations, which in the form of duties tend effectu- ally to prohibit the carrj'ing thither our own produce in our own vessels. From existing amiti'es and a spirit of justice it is hoped that friendly discu.ssion will produce a fair and adequate reciprocity. But .should false calculations of interest defeat our hope, it rests with the Legislature to decide whether they will meet inequalities abroad with countervailing inequaUties at home, or provide for the evil in any other way. Tnomas Jeffersou 331 It is with satisfaction I lay before you an act of the British Parliament anticipatiuj^ this subject so far as to authorize a mutual abolition of the duties and countervailing duties permitted under the treaty of 1794. It shows on their part a spirit of justice and friendly accommodation which it is our duty and our interest to cultivate with all nations. Whether this_ would produce a due equality in the navigation between the two coun- tries is a subject for your consideration. Another circumstance which claims attention as directly affecting the very source of our navigai is the defect or the evasion of the law pro- viding for the return of sea^'«n, and particularly of those belonging to vessels sold abroad. Numbers of them, discharged in foreign ports, have been thrown on the hands of our consuls, who, to rescue them from the dangers into which their distresses might plunge them and save them to their country, have found it necessary in some cases to return them at the public charge. The cession of the Spanish Province of Louisiana to France, which took place in the course of the late war, will, if carried into eifect, make a change in the aspect of our foreign relations which will doubtless have just weight in any deliberations of the Legislature connected with that subject. There was reason not long since to apprehend that the warfare in which we were engaged with Tripoli might be taken up by some other of the Barbary Powers. A reenforcement, therefore, was immediately ordered to the vessels already there. Subsequent information, however, has . removed these apprehensions for the present. To secure our commerce in that sea with the smallest force competent, we have supposed it best to watch strictly the harbor of Tripoli. Still, however, the shallowness of their coast and the want of smaller vessels on our part has permitted some cruisers to escape unobserved, and to one of these an American vessel unfortunately fell a prey. The captain, one American seaman, and two others of color remain prisoners with them unless exchanged under an agreement fonnerly made with the Bashaw, to whom, on the faith of that, some of his captive subjects had been restored. The convention with the State of Georgia has been ratified by their legislature, and a repurchase from the Creeks has been consequently made of a part of the Talasscee country. In this purchase has been also com- prehended a part of the lands within the fork of Oconee and Oakmulgee rivers. The particulars of the contract will be laid before Congress so soon as they shall be in a state for communication. In order to remove every ground of difference possible with our Indian neighbors, I have proceeded in the work of settling with them and mark- ing the boundaries between us. That with the Choctaw Nation is fixed f in one part and will be through the whole within a short time. The country to which their title had been extinguished before the Revolution is suflScient to receive a very respectable population, which Congress will 333 Aft'ssages and Papers of the Presidents prolvahly sec the exixnlicncy of onctMiraKiiip so soon as the Hniits shall be lUvlantl. We ate to view this position as an onlpost of the United States, surroumlctl by strong neighbors and ilistant frt)ni its support; and how far that nionoix^ly which prevents population should here be guarded against and actual habitation made a condition of the continuance of title will l)e for your cvMisideration. A prompt settlement, too, of all existing rights anil claims within this territory presents itself as a preliminary ojieration. In that part of the IndLana Territory \\h' . includes Vincennes the lines setlleii with the neighboring tribes fix the extinction of their title at a breadth of 24 leagues from east to west and about the same length par- allel with anil including the Wabash. They have also ceded a tract of 4 miles stjuare, inchuling the salt springs near the mouth of that river. In the Department of Finance it is with pleasure I inform you that the receipts of external duties for the last twelve months have exceeded those of any former year, and that the ratio of increase has been also greater than usual. This has enabled us to answer all the regular exigencies of Government, to pay from the Treasury within one year upward of $S,ooo,cxx), principal and interest, of the public debt, exclusive of upward of one million paid by the sale of bank stock, and making in the whole a reduction of nearly five millions and a half of principal, and to have now in the Treasury $4,500,000, which are in a course of application to the further discharge of debt and current demands. Experience, too, so far, authorizes us to believe, if no extraordinary event supervenes, and the expenses which will be actually incurred shall not be greater than were contemplated by Congress at their last session, that we shall not be disappointed in the expectations then formed. But nevertheless, as the effect of peace on the amount of duties is not yet fully ascertained, it is the more uecessar>' to practice every useful economy and to incur no expense which may be avoided without prejudice. The collection of the internal taxes having been completed in some of the States, the officers employed in it are of course out of commission. In others they will be so shortly. But in a few, where the arrangements for the direct tax had been retarded, it will be some time before the system is closed. It has not yet been thought necessary to employ the agent authorized by an act of the last session for transacting business in Europe relative to debts and loans. Nor have we used the power con- fided by the same act of prolonging the foreign debt by reloans, and of redeeming instead thereof an equal sum of the domestic debt. Should, however, the difficulties of remittance on so large a scale render it neces- sary at any time, the power shall be executed and the money thus unem- ployed abroad shall, in conformity with that law, be faithfully applied here in an equivalent extinction cf domestic debt. When effects so sal- utary result from the plans you have already sanctioned; when merely by avoiding false objects of expense we are able, without a direct tax, with- Thomas Jefferson 333 out internal taxes, and without borrowing to make large and effectaal payments toward the discharge of our public debt and the emancipation of our posterity from that mortal canker, it is an encouragement, fellow- citizens, of the highest order to proceed as we have begun in substituting economy for taxation, and in pursuing what is useful for a nation placed as we are, rather than what is practiced by others under different circum- stances. And whensoever we are destined to meet events which shall call forth all the energies of our countrymen, we have the firmest reliance on those energies and the comfort of leaving for calls like these the extraordinary resources of loans and internal taxes. In the meantime, by payments of the principal of our debt, we are liberating annually portions of the external taxes and forming from them a growing fund still further to lessen the necessity of recurring to extraordinary resources. The usual account of receipts and expenditures for the last year, with an estimate of the expenses of the ensuing one, will be laid before you by the Secretary of the Treasury. No change being deemed necessary in our miUtary establishment, an estimate of its expenses for the ensuing year on its present footing, as also of the sums to be employed in fortifications and other objects within that department, has been prepared by the Secretary of War, and will make a part of the general estimates which will be presented you. Considering that our regular troops are employed for local purposes, and that the militia is our general reliance for great and sudden emer- gencies, you will doubtless think this institution worthy of a review, and give it those improvements of which you find it susceptible. Estimates for the Naval Department, prepared by the Secretary of the Navy, for another year will in like manner be communicated with the general estimates. A small force in the Mediterranean will still be neces- sary to restrain the Tripoline cruisers, and the uncertain tenure of peace with some other of the Barbary Powers may eventually require that force to be augmented. The necessity of procuring some smaller vessels for that service will raise the estimate, but the difference in their maintenance will soon make it a measure of economy. Presuming it will be deemed expedient to expend annually a conven- ient sum toward providing the naval defense which our situation may require, I can not but recommend that the first appropriations for that purpose may go to the saving what we already possess. No cares, no attentions, can preserve vessels from rapid decay which lie in water and exposed to the sun. These decays require great and constant repairs, and will consume, if continued, a great portion of the mone5'3 destined to naval purposes. To avoid this waste of our resources it is proposed to add to our navy-yard here a dock within which our present vessels may be laid up dry and under cover from the sun. Under these circumstances experience proves that works of wood will remain scarcely at all affected by time. The great abundance of running water which this situation ;j3-» Airssm^fs and Papers oj the lYesmcnts p^-isessos. at hoiKlits tar alnnc the level of the tick-, if employed as is prac- tK-i-e undertaken at other navy-yards offering the same means. The plans and estimates of the work, prepared by a jxTstMi of .skill and exiK'rience. will be presented to you without delay, and from this it will Ik- seen that seareely more than has been the cost of one \*essel is neeessary to save the whole, and that the annual sum to be employed toward its completion may 1^ adaptwl to the \'iews of the Leg- islature as to naval expenditure. , To cultivate peace and maintain commerce and navigation in all their lawful enteqirises; to foster our fisheries as nurseries of navigation and for the nurture of man, and protect the manufactures adapted to our cir- cumstances; to preserve the faith of the nation by an exact discharge of its debts and contracts, expend the public money with the .same care and economy we would practice with our own, and impose on our citizens no unnecessary- burthens; to keep in all things within the pale of our consti- tutional powers, and cherish the federal union as the only rock of safety — these, fellow-citizens, are the landmarks by which we are to guide our- selves in all our proceedings. By continuing to make the.se the rule of our action we shall endear to our countrymen the true principles of their Constitution and promote an union of sentiment and of action equally au.spicious to their happiness and safety. On my part, you may count on a cordial concurrence in every measure for the public good and on all the information I possess which may enable you to discharge to advan- tage the high functions with which you are invested by your country. TH: JEFFERSON. SPECIAL IMESSAGES. December 22, 1802. Gentlemen of the House of Representatives: I now transmit a report from the Secretary of State with the informa- tion reque.sted in your resolution of the 17th instant. In making this communication I deem it proper to observe that I was led by the regard due to the rights and interests of the United States and to the just .sensibility of the portion of our fellow-citizens more imme- diately affected b)- the irregular proceeding at New Orleans to lose not a moment in causing every step to be taken which the occasion claimed from me, Toeing equally aware of the obligation to maintain in all cases the rights of the nation and to employ for that purpose those just and honorable means which belong to the character of the United States. TH: JEFFERSON. JTiomas Jejferson 335 December 23, 1802. Gentlemen of the House of Representatives, lu pursuance of the resolution of the House of Representatives of the 3d of May last, desiring a statement of expenditures from January i , 1 797, by the Quartermaster- General and the navy agents, for the contingen- cies of the naval and military establishments and the navy contracts for timber and stores, I now transmit such statements from the offices of the Secretaries of the Treasury, War, and Navy, where alone these expend- itures are entered. TH: JEFFERSON. December 27, 1802. Gentlemen of the Senate: I lay before you a treaty, which has been agreed to by commissioners duly authorized on the part of the United States and the Creek Nation of Indians, for the extinguishment of the native title to lands in the Talassee County, and others between the forks of Oconee and Oakmulgee rivers, in Georgia, in pursuance of the convention with that State, together with the documents explanatory thereof; and it is submitted to your determination whether you will advise and consent to the ratifica- tion thereof. TH: JEFFERSON. December 27, 1802. Gentlemen of the Senate: I lay before you a treaty, which has been concluded between the State of New York and the Oneida Indians, for the purchase of lands within that State. One other, between the same State and the Seneca Indians, for the purchase of other lands within the same State. One other, between certain individuals styled the Holland Company with the Senecas, for the exchange of certain lands in the same State. And one other, between Oliver Phelps, a citizen of the United States, and the Senecas, for the exchange of lands in the same State; with sundry explanatory papers, all of them conducted under the superintendence of a commissioner on the part of the United States, who reports that they have been adjusted with the fair and free consent and understanding of the parties. It is therefore submitted to your determination whether you will advise and consent to their respective ratifications. TH: JEFFERSON. December 27, 1802. Gentlemen of the Sennte and of the House of Representatives: In my message of the 15th instant I mentioned that plans and esti- mates of a dry dock for the ^reservation of our ships of war, prepared by 336 Aft'ssdx^/'s and /\j/>t-rs of the Ptrsidtnts n |x*rson of skill and rxiK-rifiKc, should bo laid before you witlunil delay. Thcst" are lunv trausniitled. the rijiort and estimates by du])lieales; but the plaus Ih.mii^ sin>jle onl\ , I must reiiuesl an intereommiuiication of them Ivtwi-en the Houses and their return when they shall no lonj^er be wauliug fur their cuusidcratiou. Til: JKFFKRSON. Deckmrkk 30, 1802. Genilrmni of the IToiisc of Reprcseniatives: In addition to the information accompanying my message of the 22d instant, I now transmit the copy of a letter ou the same subject, recently received. TH: JEFFERSON. Washington, December* 30 , 1802. The Speaker of the House of Representatives. Sir: Although an informal communication to the public of the sub- stance of the inclosed letter maj' be proper for quieting the public mind, yet I refer to the consideration of the House of Representatives whether the iniblication of it in form might not give dissatisfaction to the writer and tend to discourage the freedom and confidence of communications between the agents of the two Governments. Accept assurances of my high consideration and respect. TH: JEFFERSON. Natchez, November 2^, 1802. The Honorable the Secrbtarv of STaTE, Washington. Sir: I have the honor to inclose you an original copy of a communication (together with a translation thereof) which I this morning received from the governor-general of the Province of Louisiana in answer to my letters of the 28th ultimo. I am, sir, with respect and esteem, your humble servant, WILLIAM C. C. CLAIBORNE. [Translation.] New Orleans, November /j, 1802. His Excellency William C. C. Claiborne. Most Excellent Sir: I received a few days past your excellency's esteemed letter of the 28th ultimo, in which your excellenc)-, referring to the twenty-second article of the treaty of friendship, navigation, and limits agreed upon between the King, my master, and the United States of America, has been pleased to inquire, after transcribing the literal text of said article (which you find so explicit as not to require any comment nor to admit of dubious construction), if His Majesty has been pleased to designate any other position on the banks of the Mississippi, and where that is, if his royal pleasure does not continue the permission stipulated by the said treaty which entitleorsunsioii that as there lias suhsisted, rtiui il«»cs subsist, the most ix-rfeet and constant jjood harmony between tlie Kiuj:;, my luanter. anil the Tnileil States of America, 1 will spare nd faith, ever keeping it in view that the felicity and gloPk" of nutions arc deeply coucerneil in the advantages of a wise and ]>rii(ieiitly conductcil commerce. 1 liave the honor to assure your excellency t)f the respect and high consideration which I profess for you; uud I pray the Most High to preserve your life many .\ears. 1 kiss Ntiur excellency's hands. Your most affectiuuate servant, MANUEL DH SALCKDO. January 5, 1803. Gmilcmni of the House of Representatives: Agreeably to the request of the House of Representatives, I now trans- mit a statement of the miUtia of those States from which any returns have l)een made to the War Office. The}'' are, as you will perceive, but a small proportion of the whole. I send you also the copy of a circular letter written some time since for the ptirpo.se of obtaining returns from all the States. Should any others in consequence of this be made during the sciisiou of Congress, they shall be immediately connnunicated. TH: JEFFERSON. January 7, 1803. Gentlemen of the Senate: I submit for your approbation and consent a convention entered into \%'ith the Choctaw Nation of Indians for a.scertaining and marking the limits of the territory ceded to our nation while under its former govern- ment, and lying between the Tombigbee and Mobile rivers on the east and the Chickasawhay River on the west. We are now engaged in ascertaining and marking in like manner the limits of the former cessions of the Choctaws from the river Yazoo to our southern lx)undar>', which will be the subject of another convention, and we expect to obtain from the same nation a new cession of lands of con- siderable extent between the Tombigbee and Alabama rivers. These several tracts of country wU compose that portion of the Mis- sissippi Territory which, so soon as certain individual claims are arranged, the United States will be free to sell and settle immediately. TH: JEFFERSON January ii, 1803. Gentlemen of the Senate: The cession of the Spanish Province of Louisiana to France, and per- haps of the Floridas, and the late su.spension of our right of depo.sit at New Orleans are events of primary interest to the United States On Thomas Jefferson 339 both occasioiivS such measures were promptly taken as were thought most Ukely amicably to remove the present and to prevent future causes of inquietude. The objects of these measures were to obtain the territory on the left bank of the Mississippi and eastward of that, if practicable, on conditions to which the proper authorities of our country would agree, or at least to prevent any changes which might lessen the secure exercise of our rights. While my confidence in our minister plenipotentiary at Paris is entire and undiminished, I still think that these objects might be promoted by joining with him a person sent from hence directly, carrying with him the feelings and sentiments of the nation excited on the late occurrence, impressed by full communications of all the views we enter- tain on this interesting subject, and thus prepared to meet and to improve to an useful result the counter propositions of the other contracting party, whatsoever form their interests may give to them, and to secure to us the ultimate accomplishment of our object. I therefore nominate Robert R. Livingston to be minister plenipoten- tiarj^ and James Monroe to be minister extraordinary and plenipotentiary, with full powers to both jointly, or to either on the death of the other, to enter into a treaty or convention with the First Consul of France for the purpose of enlarging and more effectually securing our rights and interests in the river Mississippi and in 'the Territories eastward thereof. But as the possession of these provinces is still in Spain, and the course of events may retard or prevent the cession to France being carried into effect, to secure our object it will be expedient to address equal powers to the Government of Spain also, to be used only in the event of its being necessary. I therefore nominate Charles Pinckney to be minister plenipotentiary, and James Monroe, of Virginia, to be minister extraordinary and plenipo- tentiary, with full powers to both jointly, or to either on the death of the other, to enter into a treaty or convention with His Catholic Majesty for the purpose of enlarging and more effectually securing our rights and interests in the river Mississippi and in the Territories eastward thereof. TH: JEFFERSON. January ii, 1803. Gentlemen of the Senate: The spoliations and irregularities committed on our commerce during the late war by subjects of Spain or by others deemed within her respon- sibility having called for attention, instructions were accordingly given to our minister at Madrid to urge our right to just indemnifications, and to propose a convention for adjusting them. The Spanish Government listened to our proposition with an honorable readiness and agreed to a convention, which I now submit for your advice and consent. It does not §9 to the satisfaction of all our claims, but the express reservation of ^^4o Aft'ssan^es and /]j/>crs of the Presidents our right to press the validity ot" tho icsiihic has been made the ground of further instnictions to t)iir minister on the subject of an additional article, which it is to be hojHid will not be without efifect. TH: JEFFERSON. January i8, 1803. Kientltmm of the Senate and of the House of Representatives: As the continuance of the act for establishing trading houses with the Indian trilx^s will l)e under the consideration of the Legislature at its present session, I think it my duty to communicate the views which have guided me in the execution of that act, in order that you may decide on the jxilicy of continuing it in the present or any other form, or discon- tinue it altogether if that shall, on the whole, seem most for the public good. The Indian tribes residing within the limits of the United States have for a considerable time been growing more and more uneasy at the con- stant diminution of the territorj^ they occupy, although effected by their own voluntar>^ sales, and the policy has long been gaining strength with them of refusing absolutely all further sale on any conditions, insomuch that at this time it hazards their friendship and excites dangerous jeal- ousies and perturbations in their minds to make any overture for the purchase of the smallest portions of their land. A ver>' few tribes only are not yet obstinately in these dispositions. In order peaceably to coun- teract this policy of theirs and to provide an extension of territory which the rapid increase of our numbers will call for, two measures are deemed expedient. First. To encourage them to abandon hunting, to apply to the raising stock, to agriculture, and domestic manufacture, and thereby prove to themselves that less land and labor will maintain them in this better than in their former mode of living. The extensive forests neces- sary in the hunting life will then become useless, and they will see advan- tage in exchanging them for the means of improving their farms and of increasing their domestic comforts. Secondly. To multiply trading houses among them, and place within their reach those things which will contribute more to their domestic comfort than the possession of extensive but uncultivated wilds. Experience and reflection will develop to them the wisdom of exchanging what they can spare and we want for what we can spare and they want. In leading them thus to agriculture, to manu- factures, and civilization; in bringing together their and our sentiments, and in preparing them ultimately to participate in the benefits of our Government, I trust and believe w^e are acting for their greatest good. At these trading houses we have pursued the principles of the act of Con- gress which directs that the commerce shall be carried on liberally, and reqxiires only that the capital st(->ck shall \uA 1)e diminished. We conse- quently undersell private traders, foreign and domestic, drive them from Thomas Jefferson 341 the competition, and thus, with the good will of the Indians, rid ourselves of a description of men who are constantly endeavoring to excite in the Indian mind suspicions, fears, and irritations toward us. A letter now inclosed shows the effect of our competition on the operations of the traders, while the Indians, perceiving the advantage of purchasing from us, are soliciting generally our establishment of trading houses among them. In one quarter this is particularly interesting. The lyCgislature, reflecting on the late occurrences on the Mississippi, must be sensible how desirable it is to possess a respectable breadth of country on that river, from our southern limit to the Illinois, at least, so that we may pre- sent as firm a front on that as on our eastern border. We possess what is below the Yazoo, and can probably acquire a certain breadth from the Illinois and Wabash to the Ohio; but between the Ohio and Yazoo the country all belongs to the Chickasaws, the most friendly tribe within our limits, but the most decided against the alienation of lands. The portion of their country most important for us is exactly that which they do not inhabit. Their settlements are not on the Mississippi, but in the interior country. They have lately shown a desire to become agricultural, and this leads to the desire of buying implements and comforts. In the strengthening and gratifying of these wants I see the only prospect of planting on the Mississippi itself the means of its own safety. Duty has required me to submit these views to the judgment of the lyCgislature, but as their disclosure might embarrass and defeat their effect, they are committed to the special confidence of the two Houses. While the extension of the public commerce among the Indian tribes may deprive of that source of profit such of our citizens as are engaged in it, it might be worthy the attention of Congress in their care of indi- vidual as well as of the general interest to point in another direction the enterprise of these citizens, as profitably for themselves and more usefully for the public. The river Missouri and the Indians inhabiting it are not as well known as is rendered desirable by their connection with the Mississippi, and consequently with us. It is, however, under- stood that the country on that river is inhabited by numerous tribes, who furnish great supplies of furs and peltry to the trade of another nation, carried on in a high latitude through an infinite number of port- ages and lakes shut up by ice through a long season. The commerce on that line could bear no competition with that of the Missouri, traversing a moderate climate, offering, according to the best accounts, a continued navigation from its source, and possibly with a single portage from the Western Ocean, and finding to the Atlantic a choice of channels through the Illinois or Wabash, the I^akes and Hudson, through the Ohio and Sus- quehanna, or Potomac or James rivers, and through the Tennessee and Savannah rivers. An intelligent officer, with ten or twelve chosen men, fit for the enterprise and willing to undertake it, taken from our posts where they may be spared without inconvenience, might explore the ^^.» Afe'ssiii^t's and Papers of'thr lYrsidrnfs whole line, cvoii \o tlu* Wostcni Ocean, have conferences with the natives on the snhjivt of coinnieivial intercourse, j;et admission ainoni; thcni for our traders as others are adniitteil, a>;ree on convenient deposits for an interclianiie i)f articles, aiul return with the information acquired in the course of two sunnners. Their arms and accouterments, some instrumenis of observation, and light and cheap i)resents for the Indians woulil Ik? all the apparatus they could carry, and with an expectation of a S4.)ldier's ]H)rtion of land on their return would constitute the whole exjx'nse. Their pay wouUl l^e going on whether here or there. While other civilized nations have encountered great expense to enlarge the Ixjundaries of knt)wledge by undertaking voyages of discovery, and for other literary puqxjses, in various parts and directions, our nation seems to owe to the same object, as well as to its own interests, to explore this the only line of easy communication across the continent, and so directly traversing our own part of it. The interests of commerce place the prin- cipal object within the constitutional powers and care of Congress, and that it should incidentally advance the geographical knowledge of our own continent can not but be an additional gratification. The nation claiming the territor>', regarding this as a literarj^ pursuit, which it is in the habit of permitting within its dominions, would not be disposed to view it with jealousy, even if the expiring state of its interests there did not render it a matter of indifference. The appropriation of $2,500 " for the purpose of extending the external commerce of the United States, ' ' while understood and considered by the Executive as giving the legis- lative sanction, would cover the undertaking from notice and prevent the obstructions which interested individuals might otherwise previously prepare iu its way. TH: JEFFERSON. January 18, 1803. Gentlemen of the Senate and of the House of Represeyitatives: I inclose a report of the Secretar>' of War, stating the trading houses established in the Indian territories, the progress which has been made in the course of the last year in settling and marking boundaries with the different tribes, the purchases of lands recently made from them, and the prospect of further progress in marking boundaries and in new extin- guishments of title in the year to come, for which some appropriations of money will be wanting. To this I have to add that when the Indians ceded to us the salt springs on the Wabash they expressed a hope that we would so employ them as to enable them to procure there the necessary supplies of salt. Indeed, it would be the most proper and acceptable form in which the annuity could Ix; paid which we propose to give them for the cession. These springs might at the same time be rendered eminently serviceable to our Thomas Jefferson 343 Western inhabitants by using them as the means of counteracting the monopohes of supphes of sak and of reducing the price in that country to a just level. For these purposes a small appropriation would be neces- sary to meet the first expenses, after which they should support them- selves and repay those advances. These springs are said to possess the advantage of being accompanied with a bed of coal. TH: JEFFERSON. January 19, 1803. Gentleincn of the Senate and of the House of Representatives: I now lay before Congress the annual account of the fund established for defraying the contingent charges of Government. A single article of $1,440, paid for bringing home 72 seamen discharged in foreign ports from vessels sold abroad, is the only expenditure from that fund, leaving an unexpended balance of $18,560 in the Treasury. TH: JEFFERSON. January 24, 1803. Gentletnen of the Senate and of the House of Represeiitatives: I transmit a report by the superintendent of the city of Washington on the affairs of the city committed to his care. By this you will per- ceive that the resales of lots prescribed by an act of the last session of Congress did not produce a sufficiency to pay the debt to Maryland to which they are appropriated, and as it was evident that the sums neces- sary for the interest and installments due to that State could not be produced by a sale of the other public lots without an unwarrantable sacrifice of the property, the deficiencies were of necessity drawn from the Treasury of the United States. The office of the surveyor for the city, created during the former estab- lishment, being of indispensable necessity, it has been continued, and to that of the superintendent, substituted instead of the board of commis- sioners at the last session of Congress, no salary was annexed by law. These offices being permanent, I have supposed it more agreeable to principle that their salaries should be fixed by the Legislature, and there- fore have assigned them none. Their services to be compensated are from the ist day of June last. The marshal of the District of Columbia has, as directed by law, caused a jail to be built in the city of Washington. I inclose his statements of the expenses already incurred and of what remains to be finished. The portion actually completed has rendered the situation of the persons con- fined much more comfortable and secure than it has been heretofore. TH: JEFFERSON, ^4 Afrs.uixf's attii rapers of the PrrsiWrti/s February t,, 1803. Gmtlenirn of the House of Kfprcsm/a/iirs.- Thc indosoii letter and aflulavits cxhiliitinj:;: matter of complaint apainst John rickerinR. district judjje of New Hampshire, which is not within ICxtxutive co.i:^niMnce. I transmit them to the House of Representatives, to whom the Constitution has confided a power of instituting proceedings of redress, if they shall be of opinion that the case calls for them. TH: JEFFERSON. February 14, 1803. Grtttlemett of the Saiatc and of the House of Representatives: In oliedience to the ordinance for the government of the Territories of the United States requiring that the laws adopted by the governor and judges thereof shall be reported to Congress from time to time, I now transmit those which have been adopted in the Indiana Territory from Jaiuiary, 1801, to February, 1802, as forwarded to the ofl&ce of the Secre- tary of State. TH: JEFFERSON. February 21, 1803. Gentlemen of the Senate: The Tuscarora Indians, having an interest in some lands within the State of North Carolina, asked the superintendence of the Government of the United States over a treaty to be held between them and the State of North Carolina respecting these lands. Wilham Richardson Davie was appointed a commissioner for this purpose, and a treaty was con- cluded under his superintendence. This, with his letter on the subject, is now laid before the Senate for their advice and consent whether it shall be ratified. TH: JEFFERSON. February 23, 1803. Geyitlemen of the Senate and Hojise of Representatives: I lay before you a report of the Secretary of State on the case of the Danish brigantine Henrick, taken by a French privateer in 1799, retaken by an armed vessel of the United States, carried into a British island, and there adjudged to be neutral, but under allowance of such salvage and costs as absorbed nearly the whole amount of sales of the vessel and cargo. Indemnification for these losses occasioned by our officers is now claimed by the sufferers, supported l)y the representations of their Gov- ernment. I have no doubt the Legislature will give to the subject that iust attention and consideration which it is useful as well as honorable Thomas Jefferson 345 to practice iu our transactions with other nations, and particularly with one which has observed toward us the most friendly treatment and regard. TH: JEFFERSON. PROCLAMATION. [From the National Intelligencer, July i8, 1803.] By the President of the United States op America, a proclamation. Whereas great and weight}^ matters claiming the consideration of the Congress of the United States form an extraordinary occasion for con- vening them, I do by these presents appoint Monday, the 17th day of October next, for their meeting at the city of Washington, hereby requiring their respective Senators and Representatives then and there to assemble in Congress, in order to receive such communications as may then be made to them and to consult and determine on such measures as in their wisdom may be deemed meet for the welfare of the United States. In testimony whereof I have caused the seal of the United States to be hereunto affixed, and signed the same with my hand. [seal.] Done at the city of Washington, the i6th day of July, A. D. 1803, and in the twenty-eighth year of the Independence of the United States TH: JEFFERSON. By the President: James Madison, Secretary. THIRD ANNUAL MESSAGE. October 17, 1803. To the Senate and House of Representatives of the United States: In calling you together, fellow-citizens, at an earlier day than was contemplated by the act of the /ast session of Congress, I have not been insensible to the personal inconveniences necessarily resulting from an unexpected change in your arrangements. But matters of great public concernment have rendered this call necessary, and the interests you feel in these will supersede in your minds all private considerations. ^.jr. Aftssat^rs and Papers ofthr Presidents CiMiprcss witiK'SSfil at their late sossioti tliL- cxtraonlitiarv agitation prvHluctMl iti the public iniiul l>v llu' suspiiision <>f oiir rij^lit i)f (Uposit it the iH)il of New Orleans, ud assi^iinieiit of another plaee liavin^ been made accordiujj to treaty. They were sensible that the continuance of that j)rivation wouUl be more injurious to our nation than any ct)nsc- quences which coulil ilow from any mode of redress, but rejiosin^; just contulence in the i^ood faith of the Government whose officer had coni- mitteil the wronji^, friendly and reasonable representations were resorted to, and the right of deposit was restored. Previous, however, to this period we had not been unaware of the dan- ger to which our jieace would be perpetually exposed whilst so important a key to the ciMumerce of the Western country remained under foreign power. Ditliculties, too, were presenting themselves as to the naviga- tion of other streams which, arising within our territories, pass through those adjacent. Propositions had therefore been authorized for obtain- ing on fair conditions the sovereignty of New Orleans and of other pos- sessions in that quarter interesting to our quiet to such extent as was deemed practicable, and the provisional appropriation of $2,000,000 to be applied and accounted for by the President of the United States, intended as part of the price, was considered as conveying the sanction of Congress to the acquisition proposed. The enlightened Government of France saw with just discernment the importance to both nations of such liberal arrangements as might best and permanently promote the peace, friendship, and interests of both, and the property and sovereignty of all Louisiana which had been restored to them have on certain con- ditions been transferred to the United States by instruments bearing date the 30th of April last. When these shall have received the consti- tutional sanction of the Senate, they will without delaj- be communicated to the Representatives also for the exercise of their functions as to those conditions which are within the powers vested by the Constitution in Congress. Whilst the property and sovereignty of the Mississippi and its waters secure an independent outlet for the produce of the Western States and an uncontrolled na\ngation through their whole course, free from collision with other powers and the dangers to our peace from that source, the fertility of the countr>% its climate and extent, promise in due season important aids to our Treasury, an ample provision for our posterity, and a wide spread for the blessings of freedom and equal laws. With the wisdom of Congress it will rest to take those ulterior meas- ures which may be necessary for the immediate occupation and temporary government of the country; for its incorporation into om* Union; for rendering the change of government a blessing to our newly adopted brethren; for securing to them the rights of conscience and of property; for confirming to the Indian inhabitants their occupancy and self-govern- ment, establishing friendly and commercial relations with them, and for Thoynas Jefferson 347 ascertaining the geography of the country acquired. Such materials, for your information, relative to its affairs in general as the short space of time has permitted me to collect will be laid before you when the subject t shall be in a state for your consideration. Another important acquisition of territory has also been made since the last session of Congress. The friendly tribe of Kaskaskia Indians, with which we have never had a difference, reduced by the wars and wants of savage life to a few individuals unable to defend themselves against 1 the neighboring tribes, has transferred its country to the United States, ! reserving only for its members what is sufficient to maintain them in an agricultural way. The considerations stipulated are that we shall extend to them our patronage and protection and give them certain annual aids in money, in implements of agriculture, and other articles of their choice. This country, among the most fertile within our limits, extending along the Mississippi from the mouth of the Illinois to and up the Ohio, though not so necessary as a barrier since the acquisition of the other bank, may yet be well worthy of being laid open to immediate settlement, as its inhabitants may descend with rapidity in support of the lower country should future circumstances expose that to foreign enterprise. As the stipulations in this treaty also involve matters within the competence of both Houses only, it will be laid before Congress as soon as the Senate shall have advised its ratification. With many of the other Indian tribes improvements in agriculture and household manufacture are advancing, and with all our peace and friend- ship are established on grounds much firmer than heretofore. The meas- ure adopted of establishing trading houses among them and of furnishing them necessaries in exchange for their commodities at such moderate prices as leave no gain, but cover us from loss, has the most conciliatory and useful effect on them, and is that which will best secure their peace and good will. The small vessels authorized by Congress with a view to the Mediter- ranean service have been sent into that sea, and will be able more effec- tually to confine the Tripoline cruisers within their harbors and supersede the necessity of convoy to our commerce in that quarter. They will sen- sibly lessen the expenses of that service the ensuing year. A further knowledge of the ground in the northeastern and north- western angles of the United States has evinced that the boundaries established by the treaty of Paris between the British territories and ours , in those parts were too imperfectly described to be susceptible of execu- ! tion. It has therefore been thought worthy of attention for preserving i and cherishing the harmony and useful intercourse subsisting between i the two nations to remove by timely arrangements what unfavorable inci- I dents might otherwise render a ground of future misunderstanding. A ; convention has therefore been entered into which provides for a practi- ' cable demarcatioB of those limits to the satisfaction of both parties. V|S A ft-s salt's ami Papers of the Presidents An .iccoinit of the receipts and expenditures of the year ending the 30th of Scptcmlvr last, with the estimates for the service of the ensuing year, will lie laiil l>efore you by the Secretary' of the Treasury so soon as the receipts of the last quarter shall be returned from the more distant States. It is alreaily ascertained that the amount paid into the Treasury for that year has l>een between $11,000,000 and $12,000,000, and that the reveiuie accrued during the same term exceeds the sum counted on as sufticient for our current expenses and to extinguish the public debt within the jieriod heretofore proiX)sed. The anunnit of debt paid for the same year is about $3, 100,000, exclu- sive of interest, and making, with the payment of the preceding year, a discharge of more than $8,500,000 of the principal of that debt, besides the accruing interest; and there remain in theTreasur>^ nearly $6,000,000. Of these. $880,000 have been reserved for payment of the first installment due under the British convention of January 8, 1802, and two millions are what have been before mentioned as placed by Congress under the power and accountability of the President toward the price of New Or- leans and other territories acquired, which, remaining untouched, are still applicable to that object and go in diminution of the sum to be funded for it. Should the acquisition of Louisiana be constitutionally confirmed and carried into effect, a sum of nearly $13,000,000 will then be added to our public debt, most of which is payable after fifteen years, before which term the present existing debts will all be discharged by the established operation of the sinking fund. When we contemplate the ordinary annual augmentation of impost from increasing population and wealth, the augmentation of the same revenue by its extension to the new acqui- sition, and the economies which may still be introduced into our pub- lic expenditures, I can not but hope that Congress in reviewing their resources will find means to meet the intermediate interest of this addi- tional debt without recurring to new taxes, and applying to this object only the ordinary progression of our revenue. Its extraordinary increase in times of foreign war will be the proper and sufl&cient fund for any measures of safety or precaution which that state of things may render necessary in our neutral position. Remittances for the installments of our foreign debt having been found practicable without loss, it has not been thought expedient to use the power given by a former act of Congress of continuing them by reloans, and of redeeming instead thereof equal sums of domestic debt, although no diflSculty was found in obtaining that accommodation. The sum of $50,000 appropriated by Congress for providing gunboats remains unexpended. The favorable and peaceable turn of affairs on the Mississippi rendered an immediate execution of that law unnecessary, and time was desirable in order that the institution of that branch of our force might begin on models the most approved by experience, The Thomas Jefferson 349 same issue of events dispensed with a resort to the appropriation of $1,500,000, contemplated for purposes which were effected by happier means. We have seen with sincere concern the flames of war lighted up again in Europe, and nations with which we have the most friendly and useful relations engaged in mutual destruction. While we regret the miseries in which we see others involved, let us bow wath gratitude to that kind Providence wdiich, inspiring with wisdom and moderation our late legis- lative councils while placed under the urgency of the greatest wrongs, guarded us from hastily entering into the sanguinary contest and left us only to look on and to pity its ravages. These will be heaviest on those immediately engaged. Yet the nations pursuing peace will not be ex- empt from all evil. In the course of this conflict let it be our endeavor, as it is our interest and desire, to cultivate the friendship of the bellig- erent nations by every act of justice and of innocent kindness; to receive their armed vessels with hospitality from the distresses of the sea, but to administer the means of annoyance to none; to establish in our harbors such a police as may maintain law and order; to restrain our citizens from embarking individually in a war in which their country takes no part; to punish severely those persons, citizen or alien, who shall usurp the cover of our flag for vessels not entitled to it, infecting thereby with suspicion those of real Americans and committing us into controver- l sies for the redress of wrongs not our own; to exact from every nation L the observance toward our vessels and citizens of those principles and practices which all civilized people acknowledge; to merit the character of a just nation, and maintain that of an independent one, preferring every consequence to insult and habitual wrong. Congress will consider whether the existing laws enable us efficaciously to maintain this course with our citizens in all places and with others while within the limits of our jurisdiction, and will give them the new modifications necessary for these objects. Some contraventions of right have already taken place, both wathin our jurisdictional limits and on the high seas. The friendly I disposition of the Governments from whose agents they have proceeded, ; as well as their wisdom and regard for justice, leave us in reasonable expec- tation that they will be rectified and prevented in future, and that no ; act will be countenanced by them which threatens to disturb our friendly i intercourse. Separated by a wide ocean from the nations of Europe and from the political interests which entangle them together, with pro- ductions and wants which render our commerce and friendship useful to I them and theirs to us, it can not be the interest of any to assail us, nor ours to disturb them. We should be most unwise, indeed, were we to cast away the singular blessings of the position in which nature has placed us, the opportunity she has endowed us with of pursuing, at a ; distance from foreign contentions, the paths of industry, peace, and I happiness, of cultivating general friendship, and of bringing collisions 350 Mfssagfs and Papers of' the Presidents of intrrost to {\\v mupira^o of renson imIIkt than of force. ITow desii al»K\ then, must it W in a ("iovernnuMit hkc ours to .siv its oiti/.cns adii]! imliviiUially the views, the interests, and the conduct which their count i\ should pursue, divesting themselve.s of those passions and partialitir whicli tend to lessen useful friendships and to embarrass and embroil n-^ in the calamitous .scenes of Kurope. Confident, fellow-citizens, that > on will duly estimate the importance of neutral dispositions toward the obsen-ance oi neutral conduct, that you will be sensible how much it is our duty to look on the bloody arena .spread before us with commisera- tion indeed, but with no other wish than to see it closed, I am persuaded you will cordially cherish these dispositions in all discussions amoiii; yourselves and in all connnunications with your constituents; and I anticipate with satisfaction the measures of wisdom which the great intci - ests now committed to you will give yo2i an opportunity of providing, and wysflf that of approving and of carrying into execution with the fidelity I owe to my country. TH: JKFFERSON. SPECIAL MESSAGES. OCTOBKK 17, 1803. Genilemeyi of the Senate: In my message of this day to both Hotises of Congress I explained the circumstances which had led to the conclusion of conventions with France for the cession of the Province of L,ouisiana to the United States. Those conventions are now laid before you with such communications relating to them as may assist in deciding whether you will advise and consent to their ratification. The ratification of the First Consul of France is in the hands of his charge d'affaires here, to be exchanged for that of the United vStates whensoever, before the 30th instant, it shall be in readiness. TH: JKFFKRSON. October 21, 1803. To the Seyiate and House of Representatives of the United States: In my communication to you of the 17th instant I informed you that conventions had been entered into with the Government of France for the cession of Louisiana to the United States. These, w4th the advice and consent of the Senate, having now been ratified and my ratifica- tion exchanged for that of the First Consul of France in due form, they are communicated to you for consideration in your legislative capacity. You will observe that some important conditions can not be carried into w> -tJ-' .-.■■' • ■ '■' ■^■^ I-,-.. , r- r . ?^L.,-.. U / A!^'^ i»-- J trOUyr^' <' [-'/.--eft <,•< trctjlx^ o^fax/h^ FACSIMILE OF PARTS OF JEFFERSON'S ORIGINAL DRAFT OF THE DECLARATION OF INDEPENDENCE. * '^ nr\tj^r\'ta 4-ejL-. puM/u/y^ ^^i*^ tc/T^2-vca/»--&t '2«/£*c*<^ T'V r •.-»»"-. t' .. ^ afi/!s«Mt* «*«i- i#a '..: /. ,^ ..-/.cjvO 't> tvcu*/ cr/Kt-y ioMrl Qar Hx^ A^c fin^ l^f'^'r ^':/,i . ./ '. . ,.,' <4»i.;.-Ai£»iS3t»f, hi^ kn^ ' cfu^tji- ^ 1^ (^^ ^ ■\.,r,/.. ./..(,_, -'-' y • .— ll^-^-*^ kit^ }L> ^.^tAiik *' }^u .K^^fitju-^'at /J \, * ^>iuXi- .-' 1 V •*»iCti«Jt JLr>j^< •'/T ^.-^/-c ..' J. . U,- Thomas Jefferson 35 1 execution but with the aid of the lyegislature, and that time presses a decision on them without delay. The ulterior provisions, also suggested in the same communication, for the occupation and government of the country will call for early atten- tion. Such information relative to its government as time and distance have permitted me to obtain will be ready to be laid before you within a few days; but as permanent arrangements for this object may require time and deliberation, it is for your consideration whether you will not forthwith make such temporary provisions for the preservation in the meanwhile of order and tranquillity in the country as the case may require. TH: JEFFERSON. October 24, 1803. To the Senate of the United States.' I lay before you the convention signed on the 1 2th day of May last between the United States and Great Britain for settling their boundaries in the northeastern and northwestern parts of the United States, which was mentioned in my general message of the 17th instant, together with such papers relating thereto as may enable you to determine whether you will advise and consent to its ratification. TH: JEFFERSON. October 31, 1803. To the Senate of the United States of America: I now lay before you the treaty mentioned in my general message at the opening of the session as having been concluded with the Kaskaskia Indians for the transfer of their country to us under certain reservations and conditions. Progress having been made in the demarcation of Indian boundaries, I am now able to communicate to you a treaty with the Delawares, Shawa- nese, Potawatamies, Miamis, Eel-rivers, Weeas, Kickapoos, Piankeshaws, and Kaskaskias, establishing the boundaries of the territory around St. Vincennes. Also a supplementary treaty with the Eel-rivers, Wyandots, Pianke- shaws, Kaskaskias, and Kickapoos, in confirmation of the fourth article of the preceding treaty. Also a treaty with the Choctaws, describing and establishing our demarcation of boundaries with them. Which several treaties are accompanied by the papers relating to them, and are now submitted to the Senate for consideration whether they will advise and consent to their ratification. MP-VOL. ,-,3 TH: JEFFERSON. 35^ Aft'ssa^t's and J'tiprrs of the Presidents NovKMBKR 4, 1803. To the Senati- and //ousf of Rr/^nscntaliTis 0/ the Unilcd States: Hy the a)py now coinmunicateil of :i letter from Captain Baiiil)ridi;e, ol \\\c Philadelphia frigate, to our consul at ("iihraltar, you will learn that an act of hostility has l)een cijuiniitted on a merchant vessel of the ITnited States by an armed ship of the lunperor of Morocco. This conduct on the jKirt i»f that jxnver is without cause and without explanation. It is fortunate that Captain Bainbridge fell in with and took the capturing vessel anil her j>ri/e, and I have the satisfaction to inform you that about the date of this tran.saction such a force woidd be arriving in the neigh- borhocKl of Gibraltar, both from the east and from the west, as leaves less to Ik? feared for our conunerce from the suddenness of the aggression. On the 4th of Septem])er the Constitutio7i frigate, Captain Preble, with Mr. Lear on Ixiard, was within two days' sail of Gibraltar, where the Philadelphia would then be arrived with her prize, and such explanations would probably be instituted as the state of things required, and as might perhaps arrest the progress of hostilities. In the meanwhile it is for Congress to consider the provisional author- ities which may be necessary to restrain the depredations of this power should they be continued. TH: JEFFERSON. November 14, 1803. To the Senate and Hotise 0/ Representatives of the United States: I now communicate a digest of the information I have received relative to Louisiana, which may be useful to the Legislature in providing for the government of the country. A translation of the most important laws in force in that province, now in press, shall be the subject of a supple- mentary communication, with such further and material information as may yet come to hand. TH: JEFFERSON. November 24, 1803. To the House of Representatives of the United States: In conformity with the desire expressed in the resolution of the House of Representatives of the 15th instant, I now lay before them copies of such documents as are in possession of the Executive relative to the arrest and confinement of Zachariah Cox by officers in the service of the United States in the year 1798. From the nature of the transaction some documents relative to it might have been expected from the War Office; but if any ever existed there they were probably lost when the office and its papers were consumed by fire. TH: JEFFERSON. Thomas Jefferson 353 November 25, 1803. To the Senate and House of Representatives of the United States: The treaty with the Kaskaskia Indians being ratified with the advice and consent of the Senate, it is now laid before both Houses in their legislative capacity. It will inform them of the obligations which the United States thereby contract, and particularly that of taking the tribe under their future protection, and that the ceded country is submitted to their immediate possession and disposal. TH: JEFFERSON. November 29, 1803. To the Senate and House of Representatives of the United States: I now communicate an appendix to the information heretofore given on the subject of lyouisiana. You will be sensible, from the face of these papers, as well as of those to which they are a sequel, that they are not and could not be official, but are furnished by different individuals as the result of the best inquiries they had been able to make, and now given as received from them, only digested under heads to prevent repe- titions, TH: JEFFERSON. December 5, 1803. To the Senate and House of Representatives of the United States: I have the satisfaction to inform you that the act of hostility men- tioned in my message of the 4th of November to have been committed by a cruiser of the Emperor of Morocco on a vessel of the United States has been disavowed by the Emperor. All differences in consequence thereof have been amicably adjusted, and the treaty of 1786 between this country and that has been recognized and confirmed by the Em- peror, each party restoring to the other what had been detained or taken. I inclos'^ ^.he Emperor's orders given on this occasion. The conduct of our officers generally who have had a part in these transactions has merited entire approbation. The temperate and correct course pursued by our consul, Mr. Simp- son, the promptitude and energy of Commodore Preble, the efficacious cooperation of Captains Rodgers and Campbell, of the returning squad- ron, the proper decision of Captain Bainbridge that a vessel which had committed an open hostility was of right to be detained for inquiry and consideration, and the general zeal of the other officers and men are honorable facts which I make known with pleasure. And to these I add what was indeed transacted in another quarter — the gallant enterprise of Captain Rodgers in destroying on the coast of Tripoli a corvette of that power of 22 guns. 354 Mt'ssaji^cs and Papers of the Presidents I recommencl to the consideration of Conp^ress a just indemnification for the interest acquired by the captors of the Afishouda and Mirboha, yieldet.1 by them for the public accommodation. TH: JEFFERSON. December 5, 1803. To the Sntate of the Ignited States: In compHance with the desire of the Senate expressed in their resohi- tion of the 22.<\ of November, on the impressment of seamen in the service of the Ignited States by the agents of foreign nations, I now lay before the Senate a letter from the Secretary of State with a specification of the cases of which information has been received. TH: JEFFERSON. December 21, 1803. To the Senate of the United States: On the nth of January last I laid before the Senate, for their consid- eration and ad\4ce, a convention with Spain on the subject of indemnities for spoliations on our commerce committed by her subjects during the late war, which convention is still before the Senate. As this instru- ment did not embrace French seizures and condemnations of our vessels in the ports of Spain, for which we deemed the latter power responsible, our minister at that Court was instructed to press for an additional article, comprehending that branch of wrongs. I now communicate what has since passed on that subject. The Senate will judge whether the pros- pect it offers will justify a longer suspension of that portion of indem- nities conceded by Spain should she now take no advantage of the lapse of the period for ratification. As the settlement of the boundaries of Louisiana will call for new negotiations on our receiving possession of that Province, the claims not obtained by the convention now before the Senate may be incorporated into those discussibns. TH: JEFFERSON. December 31, 1803. To the Senate and House of Representatives of the United States: I now lay before Congress the annual account of the fund estabhshed for defraying the contingent charges of Government. No occasion hav- ing arisen for making use of any part of it in the present year, the balance of $18,560 unexpended at the end of the last year remains now in the Treasury. TH: JEFFERSON. Thomas Jefferson 355 January i6, 1804. To the Senate and House of Representatives of the United States: In execution of the act of the present session of Congress for taking possession of L,ouisiana, as ceded to us by France, and for the temporary government thereof, Governor Claiborne, of the Mississippi Territory, and General Wilkinson were appointed commissioners to receive posses- sion. They proceeded with such regular troops as had been assembled at Fort Adams from the nearest posts and with some militia of the Mis- sissippi Territory to New Orleans. To be prepared for anything unex- pected which might arise out of the transaction, a respectable body of militia was ordered to be in readiness in the States of Ohio, Kentucky, and Tennessee, and a part of those of Tennessee was moved on to the Natchez. No occasion, however, arose for their services. Our commis- sioners, on their arrival at New Orleans, found the Province already delivered by the commissioners of Spain to that of France, who delivered it over to them on the 20th day of December, as appears by their declara- tory act accompanying this. Governor Claiborne, being duly invested with the powers heretofore exercised by the governor and intendant of lyouisiana, assumed the government on the same day, and for the maintenance of law and order immediately issued the proclamation and address now communicated. On this important acquisition, so favorable to the immediate interests of our Western citizens, so auspicious to the peace and security of the nation in general, which adds to our country territories so extensive and fertile and to our citizens new brethren to partake of the blessings of freedom and self-government, I ofiFer to Congress and our country my sincere congratulations. TH: JEFFERSON. January 24, 1804. Gentlemen of the Senate and of the Ho^ise of Representatives: I communicate for your information a letter just received from Gov- ernor Claiborne, which may throw light on the subject of the government of Louisiana, under contemplation of the I Mrssai^rs and Papers of the Presidents The friendly comluct of the Oovernmcnts from whose officerv*? and stib- jtvts these acts have prcKreeded, in other respects and in places more inider their ohsenation and control, gives tis confidence that onr repre- sentations *in this snbject will have been properly regarded. While noticing the irregularities conunitted on the ocean by others, tluvse on'onr own jxxrt should ni.)t be omitted nor left unprovided for. Complaints have Ixjen received that persons residing within the United States have taken on themselves to arm merchant vessels and to force a ci>mmerce into certain ports and countries in defiance of the laws of those countries. That individuals should undertake to wage private war, inde- jvudently of the authority of their country, can not be permitted in a well-ordered society. Its tendency to produce aggression on the laws and rights of other nations and to endanger the peace of our own is so olnious that I doubt not you will adopt measures for restraining it effec- tually in future. Soon after the passage of the act of the last session authorizing the establishment of a district and port of entry on the waters of the Mobile we leanit that its object was misunderstood on the part of Spain. Candid explanations w^ere immediately given and assurances that, reserving our claims in that quarter as a subject of discussion and arrangement with Spain, no act was meditated in the meantime inconsistent wdth the peace and friendship existing between the two nations, and that conformably to these intentions would be the execution of the law. That Government had, however, thought proper to suspend the ratification of the conven- tion of 1802; but the explanations which would reach them soon after, and still more the confirmation of them by the tenor of the instrument establishing the port and district, may reasonably be expected to replace them in the dispositions and views of the whole subject which originally dictated the convention. I have the satisfaction to inform you that the objections which had been urged by that Government against the validity of our title to the country' of Louisiana have been withdrawn, its exact limits, however, remaining still to be .settled between us; and to this is to be added that, ha\-ing prepared and delivered the stock created in execution of the con- vention of Paris of April 30, 1803, in consideration of the cession of that countr}', we have received from the Government of France an acknowl- edgment, in due form, of the fulfillment of that stipulation. With the nations of Europe in general our friendship and intercourse are undisturbed, and from the Governments of the belligerent powers especially we continue to receive those friendly manifestations which are justly due to an honest neutrality and to such good offices consistent with that as we have opportunities of rendering. The activity and success of the .small force employed in the Mediterra- nean in the early part of the present year, the reenforcements sent into that sea, and the energy of the officers having command in the several I Thomas Jefferson 359 vessels will, I trust, by the sufferings of war, reduce the barbarians of Tripoli to the desire of peace on proper terms. Oreat injury, however, ensues to ourselves, as well as to others interested, from the distance to which prizes must be brought for adjudication and from the impractica- bility of bringing hither such as are not seaworthy. The Bey of Tunis having made requisitions unauthorized by our treaty, their rejection has produced from him some expressions of discontent. But to those who expect us to calculate whether a compliance with unjust demands will not cost us less than a war we must leave as a question of calculation for them also whether to retire from unjust demands will not cost them less than a war. We can do to each other very sensible injuries by war, but the mutual advantages of peace make that the best interest of both. Peace and intercourse with the other powers on the same coast con- tinue on the footing on which they are established by treaty. In pursuance of the act providing for the temporary government of Loui- siana, the necessary officers for the Territory of Orleans were appointed in due time to commence the exercise of their functions on the ist day of October. The distance, however, of some of them and indispensable previous arrangements may have retarded its commencement in some of its parts. The form of government thus provided having been consid- ered but as temporary, and open to such future improvements as further information of the circumstances of our brethren there might suggest, it will of course be subject to your consideration. In the district of Louisiana it has been thought best to adopt the division into subordinate districts which had been established under its former government. These being five in number, a commanding officer has been appointed to each, according to the provisions of the law, and so soon as they can be at their stations that district will also be in its due state of organization. In the meantime their places are supplied by the officers before commanding there. And the functions of the governor and judges of Indiana having commenced, the government, we presume, is proceeding in its new form. The lead mines in that district offer so rich a supply of that metal as to merit attention. The report now com- municated will inform you of their state and of the necessity of imme- diate inquiry into their occupation and titles. With the Indian tribes established within our newly acquired limits, I have deemed it necessary to open conferences for the purpose of estab- lishing a good understanding and neighborly relations between us. So far as we have yet learned, we have reason to beUeve that their disposi- tions are generally favorable and friendly; and with these dispositions on their part, we have in our own hands means which can not fail us for pre- serving their peace and friendship. By pursuing an uniform course of justice toward them, by aiding them in all the improvements which may better their condition, and especially by establishing a commerce on terms ; Affssaj^rs nnrotection of our citizens from their disorderly members will become their interest and their vt)luntary care. Instead, therefore, ot an au^iuentation of military force proportioned to our extension of fron- tier, I projxxse a uuxlerate enlargement of the capital employed in thai ccimmerce as a more efTcctual, economical, and humane instrument for preser\-ing j>eace and j^ood neighborhood with them. On this side the Mississippi an important relinquishment of native title has Ixx-n received from the Delawares. That tribe, desiring to extin- guish in their people the spirit of hunting and to convert superfluous lands into the means of improving what they retain, has ceded to us all the countr}' between the Wabash and Ohio south of and including the road from the rapids toward Vincennes, for which they are to receive annuities in animals and implements for agriculture and in other neces- saries. This acquisition is important, not only for its extent and fertility, but as fronting 300 miles on the Ohio, and near half that on the Wabash. The produce of the settled country descending those rivers will no longer pass in re\'iew of the Indian frontier but in a small portion, and, with the cession heretofore made by the Kaskaskias, nearly consolidates our possessions north of the Ohio, in a very respectable breadth — from Lake Erie to the Mississippi. The Piankeshaws having some claim to the coun- try- ceded by the Delawares, it has been thought best to quiet that by fair purchase also. So soon as the treaties on this subject shall have received their constitutional sanctions they shall be laid before both Houses. The act of Congress of February 28, 1803, for building and employing a number of gunboats, is now in a course of execution to the extent there provided for. The obstacle to naval enterprise which vessels of this construction offer for our seaport towns, their utility toward supporting within our waters the authority of the laws, the promptness with which they will be manned by the seamen and militia of the place in the moment they are wanting, the facility of their assembling from different parts of the coast to any point where they are required in greater force than ordinar>', the economy of their maintenance and preservation from decay when not in actual service, and the competence of our finances to this defensive provision without any new burthen are considerations which will have due weight with Congress in deciding on the expediency of adding to their number from year to year, as experience shall test their utility, until all our important harbors, by these and auxiliary means, shall be secured against insult and opposition to the laws. No circumstance has arisen since your last session which calls for any augmentation of our regular military force. Should any improvement occur in the militia system, that will be always seasonable. Thomas Jefferson 361 Accounts of the receipts and expenditures of the last year, with esti- mates for the ensuing one, will as usual be laid before you. The state of our finances continues to fulfill our expectations. Eleven millions and a half of dollars, received in the course of the year ending the 30th of September last, have enabled us, after meeting all the ordi- nary expenses of the year, to pay upward of $3,600,000 of the public debt, exclusive of interest. This payment, with those of the two preced- ing years, has extinguished upward of twelve millions of the principal and a greater sum of interest within that period, and by a proportionate aiminution of interest renders already sensible the effect of the growing sum yearly applicable to the discharge of the principal. It is also ascertained that the revenue accrued during the last year exceeds that of the preceding, and the probable receipts of the ensuing year may safely be relied on as suflScient, with the sum already in the Treasury, to meet all the current demands of the year, to discharge up- ward of three millions and a half of the engagements incurred under the British and French conventions, and to advance in the further redemption of the funded debt as rapidly as had been contemplated. These, fellow- citizens, are the principal matters which I have thought it necessary at this time to communicate for your consideration and attention. Some others will be laid before you in the course of the session; but in the dis- charge of the great duties confided to you by our country you will take a broader view of . the field of legislation. Whether the great interests of agriculture, manufactures, commerce, or navigation can within the pale of your constitutional powers be aided in any of their relations; whether laws are provided in all cases where they are wanting; whether those provided are exactly what they should be; whether any abuses take place in their administration, or in that of the public revenues; whether the organization of the public agents or of the pubhc force is perfect in all its parts; in fine, whether anything can be done to advance the general good, are questions within the limits of your functions which will neces- sarily occupy your attention. In these and all other matters which you In your wisdom may propose for the good of our country you may count with assurance oa my hearty cooperation and faithful execution. TH: JEFFERSON. SPECIAL MESSAGES. November 15, 1804. To the Senate of the United States: I now lay before you a treaty, entered into on the i8th day of August of the present year, between the United States on one part and the Dela- ware Indians on the other, for the extinguishment of their title to a tract pf country between the Ohio and Wabash rivers. •r>.- Afessaj^fs and Papers of the Presidents And another of the 2-;\\\ day of the same month, between the United States and the Piankeshaws, for a confirmation of the same by the latter, to>;ether with a letter from Governor Harrison on the same subject; which treaties are submitted for your advice and consent. TH: JKFFKRSON. November 15, 1804. To the House of Representatives of the United States: Agreeably to your resolution of the 9th instant, I now lay before j'ou a statement of the circumstances attending the destruction of the frigate Philadelphia, with the names of the officers and the number of men em- ployed on the occasion, to which I have to add that Lieutenant Decatur was thereupon advanced to be a captain in the Navy of the United TH: JEFFERSON. No\rEMBER 30, 1804. To the Senate and Hoiise of Representatives of the Uyiited States: I now lay before you copies of the treaties concluded with the Dela- ware and Piankeshaw Indians for the extinguishment of their title to the lands therein described, and I recommend to the consideration of Congress the making provision by law for carrying them into execution. TH: JEFFERSON. December 13, 1804. To the Senate of the United States.' I present for your advice a treaty entered into on behalf of the United States with the Creek Indians for the extinguishment of their right in certain lands in the forks of Oconee and Okmulgee rivers, within the State of Georgia. For the purpose of enabling you to form a satisfac- tory judgment on the subject, it is accompanied with the instructions of 1802, April 12, to James Wilkinson, Benjamin Hawkins, and Andrew Pickens, commissioners; those of 1803, May 5, to James Wilkinson, Ben- jamin Hawkins, and Robert Anderson, commissioners, and those of 1804, April 2, to Benjamin Hawkins, sole commissioner. The negotiations for obtaining the whole of the lands between the Oconee and Okmulgee have now been continued through three successive seasons under the original instructions and others supplementary to them given from time to time, as circumstances required, and the unity of the negotiation has been pre- sented not only by the subject, but by continuing Colonel Hawkins always one of the commissioners, and latterly the sole one. The extent of the cession to be obtained being uncertain, the limitation of price was what should be thought reasonable according to the usual rate of compensation. The commissioner has been induced to go beyond this limit probably by Thomas Jefferson 363 the just attentions due to tbe strong interest wliicli the State of Georgia feels in making this particular acquisition, and by a despair of procuring it on more reasonable terms from a tribe which is one of those most fixed in the policy of holding fast their lands. To this may be added that if, by an alteration in the first article, instead of giving them stock which may be passed into other hands and render them the prey of speculators, an annuity shall be paid them in this case, as has hitherto been practiced in all similar cases, the price of these lands will become a pledge and guaranty for our future peace with this important tribe, and eventually an indemnity for the breach of it. On the whole, I rest with entire satisfaction on the wisdom and counsel of those whose sanctions the Constitution has rendered necessary to the final validity of this act. TH: JEFFERSON. Dkcembejr 31, 1804. To the Senate and Hoiise of Representatives of the United States: The inclosed letter, written from Malta by Richard O'Brien, our late consul at Algiers, giving some details of transactions before Tripoli, is communicated for the information of Congress. TH: JEFFERSON. Deckmber 31, 1804. To the Senate of the United States: Most of the Indians residing within our northern boundary on this side of the Mississippi receiving from us annual aids in money and nec- essaries, it was a subject of complaint with the Sacs that they received nothing and were connected with us by no treaty. As they owned the country in the neighborhood of our settlements of Kaskaskia and St. lyouis, it was thought expedient to engage their friendship, and Governor Harrison was accordingly instructed in June last to propose to them an annuity of $500 or $600, stipulating in return an adequate cession of territory and an exact definition of boundaries. The Sacs and Foxes acting generally as one nation, and coming forward together, he found it necessary to add an annuity for the latter tribe also, enlarging proportion- ably the cession of territory, which was accordingly done by the treaty now communicated, of November the 3d, with those two tribes. This cession, giving us a perfect title to such a breadth of country on the eastern side of the Mississippi, with a command of the Ouisconsin, strengthens our means of retaining exclusive commerce with the Indians on the western side of the Mississippi — a right indispensable to the poUcy of governing those Indians by commerce rather than by arms. The treaty is now submitted to the Senate for their advice and consent. TH: JEFFERSON. 364 Aft'ssaj^rs and Pnpt^rs 0/ the Presidents January 31, 1805. To the House of Rtprestntativcs of the ( 'uiled Slates: In cxJtnpliance with the ilcsirc dI" the House of Representatives, ex- presseil in their rest)hition of yesterday, I have to inform them that l)y a letter of the 30th of May hist from tlie vSecretary of War to Sanuiel Hammoml, a inemlK.'r of the House, it was proposed to him to accept a a»nunission of colonel-commandant for the district of lyouisiana when the new ijovenunent there should commence. By a letter of the 30th of June he siijnified a willinj;ness to accept, but still more definitively by one of October 26, a copy of which is therefore now communicated. A commission had been made out for him bearing date the ist day of OctolK'r last, and forwarded before the receipt of his letter of October 26. No later conunuuication has been received from him, nor is anything later known of his movements. TH: JEFFERSON. February i, 1805. To the House of Representatives of the United States: For some weeks past I have had reason to expect by every mail from New Orleans information which would have fully met the views of the House of Representatives, expressed in their resolution of December 31, on the subject of a post-road from the city of Washington to New Orleans; but this being not yet received, I think it my duty without fur- ther delay to communicate to the House the information I possess, how- ever imperfect. Isaac Briggs, one of the surveyors-general of the United States, being about to return in July last to his station at Natchez, and apprised of the anxiety existing to have a practicable road explored for forwarding the mail to New Orleans without crossing the mountains, offered his ser\^- ices voluntarily to return by the route contemplated, taking as he should go such obser\'ations of longitude and latitude as would enable him to delineate it exactly, and by protraction to show of what shortenings it would admit. The offer was accepted and he was furnished with an accu- rate sextant for his obser\^ations. The route proposed was from Wash- ington by Fredericksburg, Cartersville, Lower Sauratown, Salisbury, Franklin Court-House in Georgia, Tuckabachee, Fort Stoddert, and the mouth of Pearl River to New Orleans. It is believed he followed this route generally, deviating at times only for special purposes, and return- ing again into it. His letters, herewith communicated, will shew his opinion to have been, after completing his journey, that the practicable distance between Washington and New Orleans will be a little over 1,000 miles. He expected to forward his map and special report within one week from the date of his last letter, but a letter of December 10, from another person, informs me he had been unwell, but would forward them within a Thomas Jefferson 365 week from that time. So soon as they shall be received they shall be communicated to the House of Representatives. TH: JEFFERSON. February 5, 1805. To the Senate and House of Representatives of the United States: The Secretary of State has lately received a note from the Danish charge d'affaires, claiming, in the name of his Government, restitution in the case of the brig Henrich, communicated to Congress at a former ses- sion, in which note were transmitted sundry documents chiefly relating to the value and neutral character of the vessel, and to the question whether the judicial proceedings were instituted and conducted without the concur- rence of the captain of the Henrich. As these documents appear to form a necessary appendage to those already before Congress, and throw addi- tional light on the subject, I transmit copies of them herewith. TH: JEFFERSON. February 13, 1805. To the Senate and House of Representatives of the United States: In the message to Congress at the opening of the present session I informed them that treaties had been entered into with the Delaware and Piankeshaw Indians for the purchase of their right to certain lands on the Ohio. I have since received another, entered into with the Sacs and Foxes, for a portion of country on both sides of the river Missis- sippi. These treaties, having been advised and consented to by the Sen- ate, have accordingly been ratified, but as they involve conditions which require legislative provision, they are now submitted to both branches for cousideratioa. TH:- JEFFERSON. February 20, 1805. To the Senate and House of Representatives of the United States: I communicate, for the information of Congress, a letter of September rS from Commodore Preble, giving a detailed account of the transactions of the vessels under his command from July the 9th to the loth of Sep- tember last past. The energy and judgment displayed by this excellent officer through the whole course of the service lately confided to him and the zeal and valor of his officers and men in the several enterprises executed by them can not fail to give high satisfaction to Congress and their country, of whom they have deserved well. TH: JEFFERSON, Afrssaj^rs and Papers of the Pfcsidcnis Kkbkuary 2R, 1R05. To the Smatr and /{ousr of Representatives of the United States: I now lay lx>forc C»mpress a statetueiit of the militia of the United States. acaiulin>: to the returns last reeeived from the several States. It will l>c i>crceivcvl that scMue of these are not of recent dates, and that from the States of Maryland, Delaware, and Tennessee no returns are stated. As far as apiKMrs from our records, uoue were ever rendered from cither of these States. TH: JEFFERSON. February 28, 1805. To the Senate and House of Representatives of the United States: I now render to Congress the account of the fund established by the act of May i, 1802, for defraying the contingent charges of Governmant. No occasion having arisen for making use of any part of the balance of $18,560 unexpended on the 31st day of December, 1803, when the last account was rendered by message, that balance has been carried to the credit of the surplus fund. TH: JEFFERSON. SECOND INAUGURAL ADDRESS. Proceeding, fellow-citizens, to that qualification which the Constitution requires before my entrance on the charge again conferred on me, it is my duty to express the deep sense I entertain of this new proof of confi- dence from my fellow-citizens at large, and the zeal wdth which it inspires me so to conduct myself as may best satisfy their just expectations. On taking this station on a former occasion I declared the principles on which I believed it my duty to administer the affairs of our Common- wealth. My conscience tells me I have on every occasion acted up to that declaration according to its obvious import and to the understand- ing of every candid mind. In the transaction of your foreign affairs we have endeavored to culti- vate the friendship of all nations, and especially of those with which we have the most important relations. We have done them justice on all occasions, favored where favor was lawful, and cherished mutual interests and intercourse on fair and equal terms. We are firmly convinced, and we act on that conviction, that with nations as with individuals our inter- ests soundly calculated will ever be found inseparable from our moral duties, and history l^ears witness to the fact that a just nation is trusted on its word when recourse is had to armaments and wars to bridle others. At home, fellow-dtizens, you best know whether we have done well Thomas Jefferson 367 or ill. The suppression of unnecessary offices, of useless establivShments and expenses, enabled us to discontinue our internal taxes. These, cov- ering our land with officers and opening our doors to their intrusions, had already begun that process of domiciliary vexation which once entered is scarcely to be restrained from reaching successively every article of property and produce. If among these taxes some minor ones fell which had not been inconvenient, it was because their amount would not have paid the officers who collected them, and because, if they had any merit, the State authorities might adopt them instead of others less approved. The remaining revenue on the consumption of foreign articles is paid chiefly by those who can afford to add foreign luxuries to domestic comforts, being collected on our seaboard and frontiers only, and, incorpo- rated with the transactions of our mercantile citizens, it may be the pleas- ure and the pride of an American to ask, What farmer, what mechanic, what laborer ever sees a taxgatherer of the United States? These con- tributions enable us to support the current expenses of the Government, to fulfill contracts with foreign nations, to extinguish the native right of soil within our limits, to extend those limits, and to apply such a surplus to our public debts as places at a short day their final redemption, and that redemption once effected the revenue thereby liberated may, by a just repartition of it among the States and a corresponding amendment of the Constitution, be applied in time of peace to rivers, canals, roads, arts, manufactures, education, and other great objects within each State. In time of war, if injustice by ourselves or others must sometimes produce war, increased as the same revenue will be by increased population and consumption, and aided by other resources reserved for that crisis, it may meet within the year all the expenses of the year without encroaching on the rights of future generations by burthening them with the debts of the past. War will then be but a suspension of useful works, and a return to a state of peace a return to the progress of improvement. I have said, fellow-citizens, that the income reserved had enabled us to extend our limits, but that extension may possibly pay for itself before we are called on, and in the meantime may keep down the accruing interest; in all events, it will replace the advances we .shall have made. I know that the acquisition of Louisiana has been disapproved by some from a candid apprehension that the enlargement of our territory would endanger its union. But who can limit the extent to which the federa- tive principle may operate effectively? The larger our association the less will it be shaken by local passions; and in any view is it not better that the opposite bank of the Mississippi should be settled by our own brethren and children than by strangers of another family? With which should we be most likely to live in harmony and friendly intercourse? In matters of religion I have considered that its free exercise is placed by the Constitution independent of the powers of the General Govern- ment. I have therefore undertaken ou no occasion to prescribe the 36S Afrssaj^t's and Papers of the Presidents rcli>;iou-; exercises suited tt> it, l>ut li;uc left them, as the Constitution fouiul ihcm.uiulei the ditectitMi ami (hsciphue of the chuicli or state aulhot iiics ackiunvled^ed hy the several rehj;ious societies. The al>ori>;inal inhahitants of these couutries I have regarded with the a>mmiseration their history inspires. I^ndowed with the faculties and the rivjhts of men. hreathinj; an ardent love of liberty and independence, and ixxnipyiu):: a country which left tnem no desire l)Ut to be undisturbed, the stream of m-erfltnving jH)pulation from other regions directed itself on these shores; without jx)wer to divert or habits to contend against it, they have been overwhelmed by the current or driven before it; now reiluced within limits ttK> narrow for the hunter's state, humanity enjoins us to teach them agriculture and the domestic arts; to encourage them to that industry- which alone can enable them to maintain their place in existence and to prepare them in time for that state of society which to IkhIiIn- comforts adds the improvement of the mind and morals. We have therefore liberally furnished them with the implements of hus- bandn.' and household use; we have placed among them instructors in the arts of first necessity, and they are covered with the aegis of the law against aggressors from among ourselves. But the endeavors to enlighten them on the fate which awaits their present course of life, to induce them to exercise their reason, follow its dictates, and change their pursuits with the change of circumstances have powerful obstacles to encounter; they are combated by the habits of their lx)dies, prejudices of their minds, ignorance, pride, and the influ- ence of interested and crafty individuals among them who feel themselves something in the present order of things and fear to become nothing in any other. These persons inculcate a sanctimonious reverence for the customs of their ancestors; that whatsoever they did must be done through all time; that reason is a false guide, and to advance under its counsel in their physical, moral, or political condition is perilous innova- tion; that their duty is to remain as their Creator made them, ignorance being safety and knowledge full of danger; in short, vny friends, among them also is seen the action and counteraction of good sense and of bigotr}-; they too have their antiphilosophists who find an interest in keeping things in their present state, who dread reformation, and exert all their faculties to maintain the ascendency of habit over the duty of improving our reason and obeying its mandates. In giving these outlines I do not mean, fellow-citizens, to arrogate to myself the merit of the measures. That is due, in the first place, to the reflecting character of our citizens at large, who, by the weight of public opinion, influence and strengthen the public measures. It is due to the sound discretion with which they .select from among themselves those to whom they confide the legislative duties. It is due to the zeal and wis- dom of the characters thus .selected, who lay the foundations of pu])lic happiness in wholesome laws, the execution of which alone remains for Thomas Jefferson 369 others, and it is due to the able and faithful auxiliaries, whose patriotism has associated them with me in the executive functions. During this course of administration, and in order to disturb it, the artillery of the press has been leveled against us, charged with whatsoever its licentiousness could devise or dare. These abuses of an institution so important to freedom and science are deeply to be regretted, inasmuch as they tend to lessen its usefulness and to sap its safety. They might, indeed, have been corrected by the wholesome punishments reserved to and provided by the laws of the several States against falsehood and defa- mation, but public duties more urgent press on the time of public servants, and the offenders have therefore been left to find their punishment in the public indignation. Nor was it uninteresting to the world that an experiment should be fairly and fully made, whether freedom of discussion, unaided by power, is not sufficient for the propagation and protection of truth — whether a government conducting itself in the true spirit of its constitution, with zeal and purity, and doing no act which it would be unwilling the whole world should witness, can be written down by falsehood and defamation. The experiment has been tried; you have witnessed the scene; our fellow-citizens looked on, cool and collected; they saw the latent source from which these outrages proceeded; they gathered around their public functionaries, and when the Constitution called them to the decision by suffrage, they pronounced their verdict, honorable to those who had served them and consolatory to the friend of man who believes that he may be trusted with the control of his own affairs. No inference is here intended that the laws provided by the States against false and defamatory publications should not be enforced; he who has time renders a service to public morals and public tranquillity in reforming these abuses by the salutary coercions of the law; but the experiment is noted to prove that, since truth and reason have main- tained their ground against false opinions in league with false facts, the press, confined to truth, needs no other legal restraint; the public judg- ment will correct false reasonings and opinions on a full hearing of all parties; and no other definite line can be drawn between the inestimable liberty of the press and its demoralizing licentiousness. If there be still improprieties which this rule would not restrain, its supplement must be sought in the censorship of public opinion. Contemplating the union of sentiment now manifested so generally as auguring harmony and happiness to our future course, I offer to our country sincere congratulations. With those, too, not yet rallied to the same point the disposition to do so is gaining strength; facts are pierc- ing through the veil drawn over them, and our doubting brethren will at length see that the mass of their fellow-citizens with whom they can not yet resolve to act as to principles and measures, think as they think and desire what they desire ; that our wish as well as theirs is that the public 37f> Aft'ssa(^€s and Papers of the Presidents efforts may be directed honestly to the puhUr good, that peace be citlti- vated, ci\-il ntid rchgious hK-rty unassailed, law and order prcser\'ed, equality of rights maintained, and that state of propert)', equal or unequal, which results to ever)- man from his own industry or that of his father's. When Siitisfied of these views it is not in human nature that they should not approve and supjx)rt them. In the meantime let us cherish them with jKitient affection, let us do them justice, and more than justice, in all comj)etitions of interest, and we need not doubt that truth, reason, and their own interests will at length prevail, will gather them into the fold of their country, and will complete that entire union of opinion which gives to a nation the blessing of harmony and the benefit of all its strength. I shall now enter on the duties to w^hich my fellow-citizens have again called me, and shall proceed in the spirit of those principles which they have approved. I fear not that any motives of interest may lead me astray; I am sensible of no passion which could seduce me knowingly from the path of justice, but the weaknesses of human nature and the limits of my own understanding will produce errors of judgment some- times injurious to your interests. I shall need, therefore, all the indul- gence which I have heretofore experienced from my constituents; the want of it will certainly not lessen with increasing years. I shall need, too, the favor of that Being in whose hands we are, who led our fathers, as Israel of old, from their native land and planted them in a country flowing with all the necessaries and comforts of life; who has covered our infancy with His pro\'idence and our riper years with His wisdom and power, and to whose goodness I ask you to join in supplications with me that He will so enlighten the minds of your servants, guide their councils, and prosper their measures that whatsoever they do shall result in your good, and shall secure to you the peace, friendship, and approbation of all nations. March 4, 1805. FIFTH ANNUAL MESSAGE. December 3, 1805. To the Senate and House of Representatives of the United States: At a moment when the nations of Europe are in commotion and arming against each other, and when those with whom we have principal inter- course are engaged in the general contest, and when the countenance ot some of them toward our peaceable country threatens that even that may not be unaffected by what is passing on the general theater, a meeting of the representatives of the nation in both Houses of Congress has become Thomas Jefferson 371 more than usually desirable. Coming from every section of our country they bring with them the sentiments and the information of the whole, and will be enabled to give a direction to the public affairs which the will and the wisdom of the whole will approve and support. In taking a view of the state of our country we in the first place notice the late afi&iction of two of our cities under the fatal fever which in latter times has occasionally visited our shores. Providence in His goodness gave it an early termination on this occasion and lessened the number of victims which have usually fallen before it. In the course of the several visitations by this disease it has appeared that it is strictly local, incident to cities and on the tide waters only, incommunicable in the country either by persons under the disease or by goods carried from diseased places; that its access is with the autumn and it dis- appears with the early frosts. These restrictions within narrow limits of time and space give security even to our maritime cities during three- fourths of the 3'ear, and to the country always. Although from these facts it appears unnecessary, yet to satisfy the fears of foreign nations and cautions on their part not to be complained of in a danger whose limits are yet unknown to them I have strictly enjoined on the ofl&cers at the head of the customs to certify with exact truth for every vessel sail- ing for a foreign port the state of health respecting this fever which prevails at the place from which she sails. Under every motive from character and duty to certify the truth, I have no doubt they have faith- fully executed this injunction. Much real injury has, however, been sustained from a propensity to identify with this endemic and to call by the same name fevers of very different kinds, which have been known at all times and in all countries, and never have been placed among those deemed contagious. As we advance in our knowledge of this disease, as facts develop the source from which individuals receive it, the State authorities charged with the care of the public health, and Congress with that of the general commerce, will become able to regulate with effect their respective functions in these departments. The burthen of quaran- tines is felt at home as well as abroad; their efi&cacy merits examination. Although the health laws of the States should be found to need no pres- ent revisal by Congress, yet commerce claims that their attention be ever awake to them. Since our last meeting the aspect of our foreign relations has consider- ably changed. Our coasts have been infested and our harbors watched by private armed vessels, some of them without commissions, some with illegal commissions, others with those of legal form, but committing piratical acts beyond the authority of their commissions. They have captured in the voxj entrance of our harbors, as well as on the high seas, not only the vessels of our friends coming to trade with us, but our own also. Thej'^ have carried them off under pretense of legal adjudication, but not daring to approach a court of justice, they have plundered and 3/3 Aft'ssat^rs and Papers of the Presidents sunk thcni by the way or in obscure places where no evndence could arise apiinst them, maltreated the crews, and abandoned them in boats in the ojKn sea or on desert shores without food or covering. These enonnities apjiearing to Ixi unreached by any control of their sovereigns, I found it necessary to equip a force to cruise within our own seas, to arrest all vessels of these descriptions found hovering on our coasts within the limits of the Gulf Stream and to bring the offenders in for trial as pirates. The siime system of hovering on our coasts and harbors inider color of seeking enemies has been also carried on by public armed ships to the great ainioyance and oppression of our commerce. New principles, too, have Ixjen intcqK)lated into the law of nations, founded neither in justice nor the usage or acknowledgment of nations. According to these a bel- ligerent takes to itself a commerce with its own enemy which it denies to a neutral on the ground of its aiding that enemy in the war; but reason revolts at such an inconsistency, and the neutral having equal right with the belligerent to decide the question, the interests of our constituents and che duty of maintaining the authority of reason, the only umpire between just nations, impose on us the obligation of providing an effectual and determined opposition to a doctrine so injurious to the rights of peaceable nations. Indeed, the confidence we ought to have in the justice of others still countenances the hope that a sounder view of those rights will of itself induce from every belligerent a more correct observance of them. With Spain our negotiations for a settlement of differences have not had a satisfactory issue. Spoliations during a former war, for which she had formally acknowledged herself responsible, have been refused to be compensated but on conditions affecting other claims in no wise con- nected with them. Yet the same practices are renewed in the present war and are already of great amount. On the Mobile, our commerce passing through that river continues to be obstructed by arbitrary duties and vexatious searches. Propositions for adjusting amicably the bound- aries of Louisiana have not been acceded to. While, however, the right is unsettled, we have avoided changing the state of things by taking new posts or strengthening ourselves in the disputed territories, in the hope that the other power would not by a contrary conduct oblige us to meet their example and endanger conflicts of authority the issue of which may not be easily controlled. But in this hope we have now reason to lessen our confidence. Inroads have been recently made into the Terri- tories of Orleans and the Mississippi, our citizens have been seized and their property plundered in the very parts of the former which had been actually delivered up by Spain, and this by the regular ofl&cers and Sfjldiers of that Government. I have therefore found it necessary at length to give orders to our troops on that frontier to be in readiness to protect our citizens, and to repel by arms any similar aggressions in future. Other details necessary for your full information of the state of Thomas Jefferson 373 things between this country and that shall be the subject of another connuunicatiou. In reviewing these injuries from .some of the belligerent powers the moderation, the firmness, and the wisdom of the Legislature will all be called into action. We ought still to hope that time and a more correct estimate of interest as well as of character will produce the justice we are bound to expect. But should any nation deceive itself by false calcu- lations, and disappoint that expectation, we must join in the unprofitable contest of try ?ng which party can do the other the most harm. Some of these injuries may perhaps admit a peaceable remedy. Where that is com- petent it is always the most desirable. But some of them are of a nature to be met by force only, and all of them may lead to it. I can not, therefore, but recommend such preparations as circumstances call for. The first object is to place our seaport towns out of the danger of insult. Measures have been already taken for furnishing them with heavy can- non for the service of such land batteries as may make a part of their defense against armed vessels approaching them. In aid of these it is desirable we should have a competent number of gunboats, and the number, to be competent, must be considerable. If immediately begun, they may be in readiness for service at the opening of the next season. Whether it will be necessary to augment our land forces will be decided by occurrences probably in the course of your session. In the meantime you will consider whether it would not be.expedient for a state of peace as well as of war so to organize or class the militia as would enable us on any sudden emergency to call for the services of the younger portions, unencumbered with the old and those having families. Upward of 300,000 able-bodied men between the ages of 18 and 26 years, which the last census shews we may now count within our limits, will furnish a com- petent number for offense or defense in any point where they may be wanted, and will give time for raising regular forces after the necessity of them shall become certain; and the reducing to the early period of life all its active service can not but be desirable to our younger citizens of the present as well as future times, inasmuch as it engages to them in more advanced age a quiet and undisturbed repose in the bosom of their families. I can not, then, but earnestly recommend to your early considera- tion the expediency of so modifying our militia system as, by a separation of the more active part from that which is less so, we may draw from it when necessary an efl&cient corps fit for real and active service, and to be called to it in regular rotation. Considerable provision has been made under former authorities from Congress of materials for the construction of ships of war of 74 guns. These materials are on hand subject to the further will of the Legislature. An immediate prohibition of the exportation of arms and ammunition is also submitted to your determination. Turning from these -unpleasant views of violence and wrong, I con* 374 Messages and Papers of Die Presidents pratulatc you on the liberation of our fcllow-citi/.cns who were stranded on the txKist of Tripoh and made prisoners of war. In a government bottomed on the will K^{ all the life and liberty of every individual citizen become interesting;: to all. In ^lie treaty, therefore, which lias concluded our warfare with that State an article for the ransom of our citizens has been agreed to. An operation by land by a small band of our country- men and others, engaged for the occasion in conjunction with the troops of the ex-Bashaw of that country, gallantly conducted by our late consul, EaLon, and their successful enterprise on the city of Derne, contributed doubtless to the impression which produced peace, and the conclusion of this prevented opportunities of which the officers and men of our squad- ron destineil for Tripoli would have availed themselves to emulate the acts of valor exhibited by their brethren in the attack of the last year. Reflecting with high satisfaction on the distinguished bravery displayed whenever occasions permitted in the late Mediterranean service, I think it would be an useful encouragement as w^ell as a just reward to make an opening for some present promotion by enlarging our peace establishment of captains and lieutenants. With Tunis some misunderstandings have arisen not >'et sufficiently explained, but friendly discussions with their ambassador recently arrived and a mutual disposition to do w^hatever is just and reasonable can not fail of dissipating these, so that we may consider our peace on that coast, generally, to be on as sound a footing as it has been at any preceding time. Still, it will not be expedient to withdraw immediately the whole of our force from that sea. The law providing for a naval peace establishment fixes the number of frigates which shall be kept in constant service in time of peace, and prescribes that they shall be manned by not more than two- thirds of their complement of seamen and ordinary seamen. Whether a frigate may be trusted to two-thirds only of her proper complement of men must depend on the nature of the service on which she is ordered; that may sometimes, for her safety as well as to insure her object, require her fullest complement. In adverting to this subject Congress wall perhaps consider whether the best limitation on the Kxecutive discretion in this case would not be by the number of seamen which may be employed in the whole .service rather than by the number of the ves.sels. Occasions oftener arise for the employment of small than of large ressels, and it would lessen risk as well as expense to be authorized to employ them o'i preference. The limitation suggested by the number of seamen would admit a selection of vessels best adapted to the service. Our Indian neighbors are advancing, many of them with spirit, and others beginning to engage in the pursuits of agriculture and household manufacture. They are becoming sensible that the earth yields subsist ence with less labor and more certainty than the forest, and find it their interest from time to time to dispose of parts of their surplus and waste Thomas Jefferson 375 lands ioi the means of improving those they occupy and of subsisting their families while they are preparing their farms. Since your last ses- sion the Northern tribes have sold to us the lands between the Connecticut Reserve and tlie former Indian boundary and those on the Ohio from the same boundary to the rapids and for a considerable depth inland. The Chickasaws and Cherokees have sold us the country between and adja- tent to the two districts of Tennessee, and the Creeks the residue of their lands in the fork of Ocmulgee up to the Ulcofauhatche. The three former purchases are important, inasmuch as they consolidate disjoined parts of our settled country and render their intercourse secure ; and the second particularly so, as, with the small point on the river which we expect is by this time ceded by the Piankeshaws, it completes our pos- session of the whole of both banks of the Ohio from its source to near its mouth, and the navigation of that river is thereby rendered forever safe to our citizens settled and settling on its exstensive waters. The pur- chase from the Creeks, too, has been for some time particularly interesting to the State of Georgia. The several treaties which have been mentioned will be submitted to both Houses of Congress for the exercise of their respective functions. Deputations now on their way to the seat of Government from various nations of Indians inhabiting the Missouri and other parts beyond the Mississippi come charged with assurances of their satisfaction with the new relations in which they are placed with us, of their dispositions to cultivate our peace and friendship, and their desire to enter into com- mercial intercourse with us. A state of our progress in exploring the principal rivers of that country, and of the information respecting them hitherto obtained, will be communicated so soon as we shall receive some further relations which we have reason shortly to expect. The receipts at the Treasury during the year ending on the 30th day of September last have exceeded the sum of $13,000,000, which, with not quite five millions in the Treasury at the beginning of the year, have enabled us after meeting other demands to pay nearly two millions of the debt contracted under the British treaty and convention, upward of four millions of principal of the public debt, and four millions of interest. These payments, with those which had been made in three years and a half preceding, have extinguished of the funded debt nearly eighteen millions of principal. Congress by their act of November 10, 1803, authorized us to borrow $1,750,000 toward meeting the claims of our citizens assumed by the convention with France. We have not, however, made use of this authority, because the sum of four millions and a half, which remained in the Treasury on the same 30th day of September last, with the receipts which we may calculate on for the ensuing year, besides paying the annual sum of $8,000,000 appropriated to the funded debt and meeting all the current demands which may l)e expected, will ena- ble us to pay the whole sum of $3,750,000 assumed by the Freugb y/o Aft'ssnj^f's and Pnprrs of (he Prcsiifcnts ix>ti\iM»tiim nnd still kavc lis a surplus of nearly $1,000,000 at «>nr free disiH>s.il. i^houKl yi)U concur in the provisions of arms and armed vessels rcconunended by the circumstances of the times, this surplus will furnish tlie means oi doinj; so. On this tlrst iKXMsion of addressinjx Conj^ress since, by the choice of my ctMistitneiits. I have entered on a second term of administration, I embrace tlie «>pi>ortutiit\' to i^ive this public assurance that I will exert my best endeavors to administer faithfully the executive department, and will zeaiousl\- cooiK'rate with you in every measure which may tend to secure the lil)erty, property, aud personal safety of our fellow-citizens, and to cons«ilidate the republican forms and principles of our Government. In the course of your session you shall receive all the aid which I can give for the dispatch of public business, and all the information neces- san,' for your deliberations, of which the interests of our own country and the confidence reposed in us by others will admit a communication. TH: JEFFERSON. SPECIAL MESSAGES. December 6, 1805. To the Senate and House of Representatives of the United States: The depredations which had been committed on the commerce of the United States during a preceding war by persons under the authority of Spain are sufl&cieutly known to all. These made it a duty to require from that Government indemnifications for our injured citizens. A convention was accordingly entered into between the minister of the United States at Madrid and the minister of that Government for for- eign affairs, by which it was agreed that spoliations committed by Span- ish subjects and carried into ports of Spain should be paid for by that nation, and that those committed b}^ French subjects and carried into Spanish ports should remain for ftu"ther discussion. Before this conven- tion was returned to Spain with our ratification the transfer of Louisiana by France to the United States took place, an event as unexpected as dis- agreeable to Spain. From that moment she seemed to change her con- duct and dispositions toward us. It was first manifested by her protest against the right of France to alienate Louisiana to us, which, however, was soon retracted and the right confirmed. Then high offense was manifested at the act of Congress establishing a collection district on the Mobile, although by an authentic declaration immediately made it was expres.sly confined to our acknowledged limits; aud she now^ refused to ratify the convention signed by her own minister under the eye of his Sovereign unless we would consent to alterations of its terms which Thomas Jefferson Z17 wmild liavc affected our claims against her for the spoliations by French sul>jects carried into Spanish ports. To obtain justice as well as to restore friendship I thought a special mission advisable, and accordingly appointed James Monroe minister extraordinary and plenipotentiary to repair to Madrid, and in conjunc- tion with our minister resident there to endeavor to procure a ratification of the former convention and to come to an understanding with Spain as to the boundaries of Louisiana. It appeared at once that her policy was to reserve herself for events, and in the meantime to keep our differ- ences in an undetermined state. This will be evident from the papers now communicated to you. After nearly five months of fruitless endeavor to bring them to some definite and satisfactory result, our ministers ended the conferences without having been able to obtain indemnity for spoHa- tions of any description or any satisfaction as to the boundaries of I/5ui- siana, other than a declaration that we had no rights eastward of the Iberville, and that our line to the west was one which would have left us but a string of land on that bank of the river Mississippi. Our injured citizens were thus left without any prospect of retribution from the wrongdoer, and as to boundary each party was to take its own course. That which they have chosen to pursue will appear from the documents now communicated. They authorize the inference that it is their inten- tion to advance on our possessions until they shall be repressed by an opposing force. Considering that Congress alone is constitutionally invested with the power of changing our condition from peace to war, I have thought it my duty to await their authority for using force in any degree which could be avoided. I have barely instructed the officers stationed in the neighborhood of the aggressions to protect our citizens from violence, to patrol within the borders actually delivered to us, and not to go out of them but when necessary to repel an inroad or to rescue a citizen or his property; and the Spanish officers remaining at New Orleans are required to depart without further delay. It ought to be noted here that since the late change in the state of affairs in Europe Spain has ordered her cruisers and courts to respect our treaty with her. The conduct of France and the part she may take in the misunder- standings between the United States and Spain are too important to be unconsidered. She was prompt and decided in her declarations that our demands on Spain for French spoliations carried into Spanish ports were included in the settlement between the United States and France. She took at once the ground that she had acquired no right from Spain, and had meant to deliver us none eastward of the Iberville, her silence as to the western boundary leaving us to infer her opinion might be against Spain in that quarter. Whatever direction she might mean to give to these differences, it does not appear that she has contemplated their pro- ceeding to actual rupture, or that at the date of our last advices from Paris her Government had any suspicion of the hostile attitude Spain had 37i> Aftssnj^t's and Papers of the Presidents takiMJ luTf. on tlu- t-onliarv, \vc li.ivi- rc.isoii to lu-lievc that she was dis- jKistHl to cfTtvt u si'ttlcnKMit <»n a plan anal()j;(ms to what our niinistcis had pro{>osc(l, and so cotnprchensive as to remove as far as possible the ^romuls of future collision and controversy on the eastern as well as western side of the Mississipi)i. The present crisis in ]vuroj>e is favorable for pressing such a settk- nient. and not a moment should be lost in availing ourselves of it Slunild it pass unimproved, our situation would become much more ditli- cult. Formal war is not necessar}' — it is not probable it will follow; but the protection of our citizens, the spirit and honor of our country require- that force should be interposed to a certain degree It will probably con- trilnite to advance the object of peace. But the course to be pursued will require the command of means which it belongs to Congress exclusively to yield or to deny. To them I com- municate every fact material for their information and the documents necessary to enable them to judge for themselves. To their wisdom, then, I look for the course I am to pursue, and will pursue with sincere zeal that which they shall approve. TH: JEFFERSON. December ii, 1805. To the Senate of the United States: I now lay before the Senate the several treaties and conventions follow- ing, which have been entered into on the part of the United States since their last session: 1 . A treaty of peace and amity between the United States of America and the Bashaw, Bey, and subjects of Tripoli, in Barbary. 2. A treaty between the United States and the Wyandot, Ottawa, Chippewa, Munsee, and Delaware, Shawnee, and Potawatamie nations of Indians. 3. A treaty between the United States and the agents of the Connect- icut Land Companies on one part and the Wyandot, Ottawa, Chippewa, Munsee, and Delaware, Shawnee, and Potawatamie nations of Indians. 4. A treaty between the United States and the Delawares, Potawata- mies, Miamis, Eel-rivers, and Weeas. 5. A treaty between the United States and the Chickasaw Nation of Indians. 6. A treaty between the United States of America and the Cherokee Indians. 7. A convention between the United States and the Creek Nation of Indians; with the several documents necessary for their explanation. The Senate having dissented to the ratification of the treaty with the Creeks submitted to them at their last session, which gave a sum of $200,000 for the country thereby conveyed, it is proper now to observe Thomas Jefferson 379 that instead of that sum, which was equivalent to a perpetual annuity of $12,000, the present purchase gives them an annuity of $12,000 for eight years only and of $11,000 for ten years more, the payments of which would be effected by a present sum of $130,000 placed at an annual interest of 6 per cent. If from this sum we deduct the reasonable value of the road ceded through the whole length of their country from Ocmul- gee toward New Orleans, a road of indispensable necessity to us, the present convention will be found to give little more than the half of the sum which was formerly proposed to be given. This difference is thought sufficient to justify the presenting this subject a second time to the Senate. On these several treaties I have to request that the Senate will advise whether I shall ratify them or not. TH: JEFFERSON. December 23, 1805. To the Senate and House of Representatives of the United States: The governor and presiding judge of the Territory of Michigan have made a report to me of the state of that Territory, several matters in which being within the reach of the legislative authority only, I lay the report before Congress. TH: JEFFERSON. December 31, 1805. To the House of Representatives of the United States: I now communicate to the House of Representatives all the informa- tion which the executive offices furnish on the subject of their resolution of the 23d instant respecting the States indebted to the United States. TH: JEFFERSON. January 10, 1806. To the Senate of the United States: In compliance with the request of the Senate expressed in their reso- lution of December 27, 1 now lay before them such documents and papers (there being no other information in my possession) as relate to com- plaints by the Government of France against the commerce carried on by the citizens of the United States to the French icland of St. Domingo. TH: JEFFERSON. January 13, 1806. To the Sejiate of the United States: According to the request of the Senate of December 30, I now lay before them the correspondence of the naval commanders Barron and Rodgers and of Mr. Eaton, late consul at Tunis, respecting the progress of the 3S1J Mt'ssaji^rs an if Papers of the Presidents war with TrijK)li. antecedent tn the treat>- with the Bey and Regency of Triixjli. and respecting the negotiations for the same, and the commission and instmotions of Mr. Katon, with snch other correspondence in posses- sion of the olTices as I sup^wse may be useful to the Senate in their deUb' erations upon the said treaty. The instructions which were given to Mr. Lear, the consul-general at Algiers, resj)octing the negotiations for the said treaty accompanied the treaty and the message concerning the same, and are now with them in possession of the Senate. So much of these papers has been extracted and communicated to the House of Representatives as relates to the principles of the cooperation between the United States and Hamet Caramalli, which is the subject of a joint message to both Houses of Congress bearing equal date with the present, and as those now communicated to the Senate comprehend the whole of that matter, I request that they may be considered as compris- ing the documents stated in that message as accompanying it. Being mostly originals or sole copies, a return of them is requested at the con- venience of the Senate. We have no letter from Mr. Lear respecting Tripoline affairs of later date than that of July 5, which was transmitted to the Senate with the treaty, nor, consequently, any later information what steps have been taken to carr>' into effect the stipulation for the delivery of the wife and children of the brother of the reigning Bashaw of Tripoli. TH: JEFFERSON. January 13, 1806. To the Soiaie and House of Representatives of the United States: I lay before Congress the application of Hamet Caramalli, elder brother of the reigning Bashaw of Tripoli, sohciting from the United States atten- tion to his ser\'ices and sufferings in the late war against that State; and in order to possess them of the ground on which that application stands, the facts shall be stated according to the views and information of the Executive. During the war with Tripoli it was suggested that Hamet Caramalli, dder brother of the reigning Bashaw, and driven by him from his throne, meditated the recovery of his inheritance, and that a concert in action with us was desirable to him. We considered that concerted operations by those who have a common enemy were entirely justifiable, and might produce effects favorable to both without binding either to guarantee the objects of the other. But the distance of the scene, the difl&culties of communication, and the uncertainty of our information inducing the less confidence in the measure, it was committed to our agents as one which might be resorted to if it promised tc promote our success. Mr. Eaton, however (our late consul), on his return from the Medi- Thomas Jefferson 3^^ lerranean, possessing personal knowledge of the scene and having con- fidence in the effect of a joint operation, we authorized Commodore Bar- ron, then proceeding with his squadron, to enter into an understanding with Hamet if he should deem it useful; and as it was represented that he would need some aids of arms and ammunition, and even of money, he was authorized to furnish them to a moderate extent, according to the prospect of utility to be expected from it. In order to avail him of the advantages of Mr. Eaton's knowledge of circumstances, an occasional employment was provided for the latter as an agent for the Navy in that sea. Our expectation was that an intercourse should be kept up between the ex-Bashaw and the commodore; that while the former moved on by land our squadron should proceed with equal pace, so as to arrive at their destination together and to attack the common enemy by land and .sea at the same time. The instructions of June 6 to Commodore Barron shew that a cooperation only was intended, and by no means an union of our object with the fortune of the ex-Bashaw, and the commodore's letters of March 22 and May 19 prove that he had the most correct idea of our intentions. His verbal instructions, indeed, to Mr. Eaton and Captain Hull, if the expressions are accurately committed to writing by those gentlemen, do not limit the extent of his cooperation as rigorously as he probably intended; but it is certain from the ex-Bashaw's letter of Jan- uary 3, written when he was proceeding to join Mr. Eaton, and in which he says, ' ' Your operations should be carried on by sea, mine by land, ' ' that he left the position in which he was with a proper idea of the nature of the cooperation. If Mr. Eaton's subsequent convention should appear to bring forward other objects, his letter of April 29 and May i views this convention but as provisional, the second article, as he expressly states, guarding it against any ill effect; and his letter of June 30 con- firms this construction. In the event it was found that after placing the ex-Bashaw in posses- sion of Derne, one of the most important cities and provinces of the country, where he had resided himself as governor, he was totally unable to command any resources or to bear any part in cooperation with us. This hope was then at an end, and we certainly had never contemplated, nor were we prepared, to land an army of our own, or to raise, pay, or subsist an army of Arabs to march from Derne to Tripoli and ^o carry on a land war at such a distance from our resources. Our means and our I authority were merely naval, and that such were the expectations of Hamet his letter of June 29 is an unequivocal acknowledgment. While, therefore, an impression from the capture of Derne might still operate at Tripoli, and an attack on that place from our squadron was daily ex- pected, Colonel lycar thought it the best moment to listen to overtures of peace then made by the Bashaw . He did so, and while urging provisions for the United States he paid attention also to the interests of Hamet, but was able to effect nothing more than to engage the restitution of his 3'"^ J Mfssa^es and }\ipers of the Presidents family. r»iijvratiims at such a dislaiKx- it hc'coines necessary to leave umch to the discretion of the agents employed, but events may still turn up l)eyi)tul llie limits of that discretion. Unable in such a case to consult his Oovernment. a zealous citizen will act as he believes that would direct him were it apprised of the circumstances, and will take on himself the resixmsibility. In all these cases the purity and patriotism of the motives shouUl shield the agent from blame, and even secure a sanction where the errt)r is not too injurious. Should it be thought by any that the verlxd instructions said to have l)een given by Commodore Barron to Mr. Ivaton amount to a stipulation that the United States should place Hamet Caramalli on the throne of Tripoli — a stipulation so entirely unauthorized, so far beyond our views, and so onerous could not be sanctioned by our Government — or should Hamet Caramalli, contrary to the evidence of his letters of January 3 and June 29, be thought to have left the position which he now seems to regret, under a mistaken expec- tation that we were at all events to place him on his throne, on an appeal to the liberality of the nation something equivalent to the replacing him in his former situation might be worthy its consideration. A nation by establishing a character of liberality and magnanimity gains in the friendship and respect of others more than the worth of mere money. This appeal is now made by Hamet Caramalli to the United States. The ground he has taken being different not only from our views but from those expressed by himself on fojrmer occasions, Mr. Eaton was desired to state whether any verbal communications passed from him to Hamet which had varied what we saw in writing. His answer of December 5 is herewith transmitted, and has rendered it still more necessary that in presenting to the Legislature the application of Hamet I should present them at the same time an exact statement of the views and proceedings of the Executive through this whole business, that they may clearly understand the ground on which we are placed. It is accompanied by all the papers which bear any relation to the prin- ciples of the cooperation, and which can inform their judgment in decid- ing on the application of Hamet Caramalli. TH: JEFFERSON. January 15, 1806. To the Senate and House of Representatives of the United States: I now render to Congress an account of the grant of $20,000 for the contingent charges of Government by an act making appropriations for the support of Government for the year 1805. Of that sum $1,987-50 have been necessarily applied to the support of the Territorial govern- G' THE WASHINGTON MONUMENT AN APPRECIATION BY MR. GLENN BROWN ArcKilrcl ; Aulhoi, "llUlory ol United Stales Capitol" R.-W in tlie dawn, brilliant in the sunlight, black in the thunder-storm, pink in the afterglow, mysterious in the moon- light, vanishing in the mist, lost in the clouds, always majestic, stands the memorial to the Father of his Country. its phases forcibly remind us of the shifting and changing fortunes of our great chief. Standing alone, simple and dignified, it is as self-contained and practical as was his character and lile. Enshrouded in the mists, shadowy, weird, vanishing from sight, a mere suggestion of an outline visible, it recalls the clouded repu- tation of Washington when surrounded by foes, false comrades, and encompassed by the fierce elements. Black in the tliunder- slorm. it brings to mind dark days and bridled passions. Appar- ently floating in the air when the base is obscured by the fog, it suggests his struggles without reasonable foundation or hope. Brilliantly illuminated at its base and the pinnacle lost in the clouds, it typifies great victories with the ultimate results in doubt. Piercing the shifting clouds as they float past, with the base and crown illuminated by the sunlight, it vividly recalls the force which enabled him to penetrate the darkest shadows. Reflecting the pink blush of the evening glow, it point? to the brightness dawn- ing as his life advanced. A column of light in the moon's rays, it is a beacon leading us, as did his life, to forget self in our coun- try's service. Glorious in the sunshine, scintillating, brilliant against the clear blue sky, it forcibly reminds us of the great results springing from an unselfish life of duty. The aluminum crest sparkles as a beautiful star; its rays are beams of light guiding us to patriotic efforts. A factor in the artistic composition of the city, it is a charming end to many vistas. Viewed from the Capitol, the White House and the Mall, it stands imposing in its grandeur ; from the river it rises pure and simple, with the green hills of Maryland as a noble exhedra, and from the heights, visible through the valley, it always produces a thrill of pleasure. In the sunlight and shadow, thunder- storm and mist, in the clouds and in the clear sky, against the golden sunrise and the red sunset, against the midday sky of blue, and the midnight sky scintillating with stars, against the bright white clouds and the dark gray clouds, moving with the wind, bowing to the warmth of the sun, receiving the lightning's stroke, ever changing, it is always stately, always beautiful. The comer-stone of the Washington Monument was laid July 4, 1 848, but soon the work languished and then stopped entirely. Work was resumed in 1876, and the monument was finally completed December 6, 1884. It is 555 feet high and 50 feet square at the base. The entire cost of the monument was $1,187,710. COPYRIGHT 1909 BY BUREAU OF Washlngton Monumcnt NATION*!. L'TERATURE AND ART " Thomas Jefferson 383 ments of Micliip:an and Louisiana until an opportunity could occur of mak- ing a specific appropriation for that purpose. The balance of $18,012.50 remains in the Treasury, TH; JEFFERSON. January 17, 1806. To the- Senate and House of Representatives of the United States: In my message to both Houses of Congress at the opening of their present session I submitted to their attention, among other subjects, the oppression of our commerce and navigation by the irregular practices of armed vessels, public and private, and by the introduction of new prin- ciples derogatory of the rights of neutrals and unacknowledged by the usage of nations. The memorials of several bodies of merchants of the United States are now communicated, and will develop these principles and practices which are producing the most ruinous effects on our lawful commerce and navigation. The rights of a neutral to carry on commercial intercourse with every part of the dominions of a belligerent permitted by the laws of the coun- try (with the exception of blockaded ports and contraband of war) was believed to have been decided between Great Britain and the United States by the sentence of their commissioners mutually appointed to decide on that and other questions of difference between the two nations, and by the actual payment of the damages awarded by them against Great Britain for the infractions of that right. When, therefore, it was perceived that the same principle was revived with others more novel and extending the injury, instructions were given to the minister plenipoten- tiary of the United States at the Court of London, and remonstrances duly made by him on this subject, as will appear by documents trans- mitted herewith. These were followed by a partial and temporary sus- pension only, without any disavowal of the principle. He has therefore been instructed to urge this subject anew, to bring it more fully to the Ijar of reason, and to insist on rights too evident and too important to be surrendered. In the meantime the evil is proceeding under adjudica- tions founded on the principle which is denied. Under these circum- stances the subject presents itself for the consideration of Congress. On the impressment of our seamen our remonstrances have never been intermitted. A hope existed at one moment of an arrangement which might have been submitted to, but it soon passed away, and the practice, though relaxed at times in the distant seas, has been constantly pursued in those in our neighborhood. The grounds on which the reclamations on this subject have been urged will appear in an extract from instructions to our minister at lyondon now communicated. M P-voi. 1-14 TH: JEFFERSON. j'^H Messages and Papers of the Presidents Janttary 17, 1806, Tc the Senalt- and If oust' 0/ Krpnscnlalivt'S of the United Slates: The inclosci.1 letter from the minister plenipotentiary of the United States at the Court of London contains interesting information on the subjects of my other message of this date. It is sent separately and contulentially Ik-cuusc its publication may discourage frank commiuiica- tions l>et\veen our ministers generally and the Governments with wliic\ they reside, and especially between the same ministers. TH: JEFFERSON. January 24, 1806. To the Senate of the United States.- A convention has been entered into between the United States an(Si the Cherokee Nation for the extinguishment of the rights of the latter, and of some unsettled claims in the country north of the river Tennes- see, therein described. This convention is now laid before the Senate for their advice and couseut as to its ratification. TH: JEFFERSON. January 27, 1806. To the Senate of the United States: According to the desire of the Senate expressed in their resolution of the loth instant, I now communicate to them a report of the Secretary of State, with its documents, stating certain new principles attempted to be introduced on the subject of neutral rights, injurious to the rights and interests of the United States. These, with my message to both Houses of the 17th instant and the documents accompanying it, fulfill the desires of the Senate as far as it can be done by any information in my possession which is authentic aud not publicly known. TH: JEFFERSON. January 29, 1806. To the Senate and House of Representatives of the United States: Having received from sundry merchants at Baltimore a memorial on the same subject with those I communicated to Congress with my mes- sage of the 17th instant, I now communicate this also as a proper sequel to the former, and as making a part of the mass of evidence of the vio- lations of our rights on the ocean, TH: JEFFERSON. February 3, 1806. To the Senate and House of Representatives of the United States: A letter has been received from the governor of South Carolina cover- ing an act of the legislature of that State ceding to the United States Thomas Jejferson 385 various forts and fortifications and sites for the erection of forts in that State on the conditions therein expressed. This letter and the act it covered are now communicated to Congress. I am not informed whether the positions ceded are the best which can be taken for securing their respective objects. No doubt is entertained that the legislature deemed them such. The river of Beaufort, particu- larly, said to be accessible to ships of very large size and capable of yield- ing them a protection which they can not find elsewhere but very far tc the north, is from these circumstances so interesting to the Union in gen- eral as to merit particular attention and inquiry as to the positions on it best calculated for health as well as safety, TH: JEFFERSON. February 3, 1806. To the Senate and House of Representatives of the United States: In the course of the last year the following treaties and conventions for the extinguishment of Indian title to lands within our limits were entered into on behalf of the United States: A treaty between the United States and the Wyandot, Ottawa, Chip- peway, Munsee and Delaware, Shawanee and Pottawatamy nations of Indians. A treaty between the United States and the agents of the Connecticut Land Company on one part and the Wyandot and Ottawa, Chippeway, Munsey and Delaware, Shawanee and Pottawatamy nations of Indians. A treaty between the United States and the Delawares, Pottawatamies, Miamis, Eel-rivers, and Weas. A treaty between the United States and the Chickasaw Nation of Indians. Two treaties between the United States and the Cherokee Indians. A convention between the United States and the Creek Nation of Indians. The Senate having advised and consented to the ratification of these several treaties and conventions, I now lay them before both Houses of Congress for the exercise of their constitutional powers as to the means of fulfilling them. TH: JEFFERSON. February 6, 1806. To the Senate ajid House of Representatives of the United States: Since the date of my message of January 17 a letter of the 26th of November has been received from the minister plenipotentiary of the United States at I^ondon, covering one from the secretary for foreign afiairs of that Government, which, being on the subject of that message, 3^ Afi'ssaji't's and Papers of the Presidents is now transmitted fi>r the infonnation of Congress. Although nothing forbids the sulistance of these letters from being communicated without rcser\-e, yet so many ill effects proceed from the publications of cor- resjxmdences iK-tween ministers remaining still in office that I can not but recommend lluil these leLleis be not permitted to be formally pub- lished. TH; JEFFERSON. February 19, 1806. To the Senate and House of Reprcscniafivcs of the United States: In pursuance of a measure proposed to Congress by a message of Jan- uary iS, 1S03, and sanctioned by their approbation for carrying it into execution, Captain Meriwether Lewis, of the First Regiment of infantry, was appointed, with a party of men, to explore the river Missouri from its mouth to its source, and, crossing the highlands by the shortest port- age, to seek the best water communication thence to the Pacific Ocean; and Lieutenant Clarke was appointed second in command. They were to enter into conference with the Indian nations on their route with a \'iew to the establishment of commerce with them. They entered the Missouri May 14, 1804, and on the ist of November took up their winter quarters near the Mandan towns, 1,609 niiles above the mouth of the river, in latitude 47° 21' 47" north and longitude 99° 24' 45" west from Greenwich. On the 8th of April, 1805, they proceeded up the river in pursuance of the objects prescribed to them. A letter of the preceding day, April 7th, from Captain Lewis is herewith communicated. During his stay among the Mandans he had been able to lay dow^n the Missouri according to courses and distances taken on his passage up it, corrected by frequent obser\-ations of longitude and latitude, and to add to the actual sur\-ey of this portion of the river a general map of the country between the Mississippi and Pacific from the thirty-fourth to the fifty- fourth degree of latitude. These additions are from information col- lected from Indians with whom he had opportunities of communicating during his journey and residence with them. Copies of this map are now presented to both Houses of Congress. With these I communicate also a statistical view, procured and forwarded by him, of the Indian nations inhabiting the Territory of Louisiana and the countries adjacent to its northern and western borders, of their commerce, and of other interesting circumstances respecting them. In order to render the statement as complete as may be of the Indians inhabiting the country west of the Mississippi, I add Dr. Sibley's account of those residing in and adjacent to the Territory of Orleans. I communicate also, from the .same person, an account of the Red River, according to the best information he had been able to collect. Having been disappointed, after considerable preparation, in the pur- Thomas Jefferson 387 pose of sending an exploring party up that river in the summer of 1804, it was thought best to employ the autumn of that year in procuring a knowledge of an interesting branch of the river called the Washita. This was undertaken under the direction of Mr. Dunbar, of Natchez, a citizen of distinguished science, who had aided and continues to aid us with his disinterested and valuable services in the prosecution of these enterprises. He ascended the river to the remarkable hot springs near it, in latitude 34° 31' 4.16", longitude 92° 50' 45" west from Greenwich, taking its courses and distances, and correcting them by frequent celes- tial observ^ations. Extracts from his observations and copies of his map of the river from its mouth to the hot springs make part of the present communications. The examiuatiou of the Red River itself is but now commencing. TH: JEFFERSON. March 5, 1806. To the Senate of the United States: According to the request of the Senate expressed in their resolution of 3d instant, I now transmit the extract of a letter from the Secretary of State to the minister plenipotentiary of the United States at Paris, the answer to that letter, and two letters from Henry Waddell, a citizen of the United States, relative to the interference of the said minister in the case of the ship New Jersey and to the principles alleged to have been laid down on that occasion. There are in the office of the Department of State several printed doc- uments in this case by the agent of those interested in the ship, which are voluminous and in French. If these be within the scope of the request of the Senate, the printed copies can be sent in immediately, but if translations be necessary some considerable time will be requisite for their execution. On this subject any further desire which the Senate shall think proper to express shall be complied with. TH: JEFFERSON. March 7, 1806. To the Senate of the United States: According to the request of the Senate of yesterday, I now transmit the five printed memorials of the agent for the ship New Jersey , in the one of which marked B, at the ninth page, will be found the letter relative to it from the minister plenipotentiary of the United States at Paris to the French minister of the treasury, supposed to be the one designated in the resolution. We have no information of this letter but through the channel of the party interested in the ship, nor any proof of it more authentic than that now communicated. TH: JEFFERSON. 388 Afi'ssagt-s atui Papers of the Presidents MAKCMI II), 1806, To tht- Smalt- ond //oust- of' /\ip>tsin/afi:Ys of thr Lhiitcd S/a/fs: It was reasonably expected that while the limits between the terri- tories of the Ignited States and of Spain were unsettled neither party WDuKl have intun-ated on the existing state of their respective positions. Some time since, however, we learnt that the Spanish authorities were advancinv: into the disjuited country to occupy new posts and make new settlements. Unwilling to take any measures which might preclude a peaceable accommodation of differences, the officers of the United States were ordered to confine themselves within the country on this side of the Sabine River which, by delivery of its principal post, Natchitoches, was understood to have been itself delivered up by Spain, and at the same time to permit no adverse post to be taken nor armed men to remain within it. In consequence of these orders the commanding officer of Natchitoches, learning that a party of Spanish troops had crossed the Sabine River and were posting themselves on this side the Adais, sent a detachment of his force to require them to withdraw to the other side of the Sabine, which they accordingly^ did. I have thought it proper to communicate to Congress the letter detail- ing this incident, that they may fully understand the state of things in that quarter and be enabled to make such provision for its security as, in their wisdom, they shall deem sufficient. TH: JEFFERSON. April ii, 1806. To tJie Smaft and House of Represeniaiives of the United States: I now lay before Congress a statement of the militia of the United States according to the returns last received from the several States and Territories. It wdll be perceived that some of these are not of recent dates, and that from the States of Maryland and Delaware no returns are stated. As far as appears from our records, none were ever rendered from either of these States. From the Territories of Orleans, Louisiana, and Michigan complete returns have not yet been received. TH: JEFFERSON. April 14, 1806. To tJie Senate and House of Representatives of the United States: During the blockade of Tripoli by the squadron of the United States a small cruiser, under the flag of Tunis, with two prizes, all of trifling value, attempted to enter Tripoli; was turned back, warned, and, attempting again to enter, was taken and detained as prize by the squadron. Her res- titution was claiii^ed by the Bey of Tunis with a threat of war in terms so serious that on withdrawing from the blockade of Tripoli the command- Thomas Jefferson 389 ing officer of the squadron thought it his duty to repair to Tunis with his squadron and to require a categorical declaration whether peace or war was intended. The Bey preferred explaining himself by an ambassador to the United States, who on his arrival renewed the request that the vessel and her prizes should be restored. It was deemed proper to give this proof of friendship to the Bey, and the ambassador was informed the vessels would be restored. Afterwards he made a requisitior of naval stores to be sent to the Bey, in order to secure a peace for the term of three years, with a threat of war if refused. It has been refused, and the ambassador is about to depart without receding from his threat or demand. Under these circumstances, and considering that the several provisions of the act of March 25, 1804, will cease in consequence of the ratification of the treaty of peace with Tripoli, now advised and consented to by the Senate, I have thought it my duty to communicate these facts, in order that Congress may consider the expediency of continuing the same provi- sions for a limited time or making others equivalent. TH; JEFFERSON. April 15, 1806. To the Senate and House of Representatives of the United States: The Senate having advised and consented to the ratification of a treaty concluded with the Piankeshaw Indians for extinguishing their claim to the country between the Wabash and Kaskaskia cessions, it is now laid before both Houses for the exercise of their constitutional powers as to the means of fulfilling it on our part, TH: JEFFERSON. Aprii. 17, 1806. To the Senate and House of Representatives of the United States: The Senate having advised and consented to the ratification of a con- vention between the United States and the Cherokee Indians, concluded at Washington on the 7th day of January last, for the cession of their right to the tract of country therein described, it is now laid before both Houses of Congress for the exercise of their constitutional powers toward the fulfillment thereof. TH: JEFFERSON. APRIIy 18, 1806. To the Senate of the United States: In compliance with the request of the Senate of yesterday's date, I now communicate the entire correspondence between the ambassador of Tunis and the Secretary of State, from which the Senate will see that the first application by the ambassador for restitution of the vessels taken 39^ A/f'sstn^ts ann Papers of the fYrstdrnts ill violation oi l>l»vk;ulc having hccii \icltk>(l to, the only icinaininj; cause of diflcrencc brouj^ht fonvard l)y him is the requisition ot a present of iia\-al stores to secure a jx^ace for three years, after which the infer- ence is ohvious that a renewal of the ]>resents is to be expected to roncw the prolongation of peace for another term. But this demand has been pressetl in verbal conferences nuich more exphcitly and pertinaciously than apjK'ars in the written correspondence. To save the delay of copy- ing, some origiuals are inclosed, with a request that they be returned. TH: JEFFERSON. April 19, 1806. To the Smatf of the United States: I nominate James Monroe, now minister plenipotentiary of the United States at the Court of London, and William Pinkney, of Maryland, to Ix; commissioners plenipotentiary and extraordinary for settling all mat- ters of difference between the United States and the United Kingdoms of Great Britain and Ireland relative to wrongs committed between the parties on the high seas or other waters, and for establishing the princi- ples of na^'igation and commerce between them. James Houston, of Maryland, to be judge of the court of the United States for the district of Marjdand. Willis W. Parker, of Virginia, to be collector of the district and in- spector of the revenue for the port of South Quay. TH: JEFFERSON. PROCLAMATIONS. [Prom Annals of Congress, Ninth Congress, second session, 6S5.] By the President of the United States of Ajierica. a proclamation. Whereas satisfactory' information has been received that Henry Whitby, commanding a British armed vessel called the Leandcr, did on the 25th day of the month of April last, within the waters and jurisdiction of the United States, and near to the entrance of the harbor of New York, by a cannon shot fired from the said vessel Lea7idcr, commit a murder on the body of John Pierce, a citizen of the United States, then pursuing his lawful vocation wuthin the same waters and jurisdiction of the United States and near to their .shores; and that the said Henry Whitby can not at this tmie be brought to justice by the ordinary i)rocess oi law; and Whereas it does further appear that both before and after the said day Tkovtas Jefferson 391 sundry trespasses, wrongs, and unlawful interruptions and vexations on trading vessels coming to the United States, and within their waters and vicinity, were committed by the said armed vessel the Leander, her offi- cers and people; by one other armed vessel called the Cambrian, com- manded by John Nairne, her officers and people; and by one other armed vessel called the Driver, commanded by Slingsby Simpson, her officers and people; which vessels, being all of the same nation, were aiding and assisting each other in the trespasses, interruptions, and vexations afore- said: Now, therefore, to the end that the said Henry Whitby may be brought to justice and due punishment inflicted for the said murder, I do hereby especially enjoin and require all officers having authority, civil or mili- tary, and all other persons within the limits or jurisdiction of the United States, wheresoever the said Henry Whitby may be found, now or here- after, to apprehend and secure the said Henry Whitby, and him safel}'' and diligently to deliver to the civil authority of the place, to be pro- ceeded against according to law. And I do hereby further require that the said armed vessel the Lean- der, with her officers and people, and the said armed vessels the Cambrian and Driver, their officers and people, immediately and without any delay depart from the harbors and waters of the United States. And I do forever interdict the entrance of all other vessels which shall be com- manded by the said Henry Whitby, John Nairne, and Slingsby Simpson, or either of them. And if the said vessels, or any of them, shall fail to depart as afore- said, or shall reenter the harbors or waters aforesaid, I do in that case forbid all intercourse with the said armed vessels the Leander, the Cam,- brian, and the Driver, or with any of them, and the officers and crews thereof, and do prohibit all supplies and aid from being furnished them, or any of them. And I do declare and make known that if any person from or within the jurisdictional limits of the United States shall afford any aid to either of the said armed vessels contrary to the prohibition contained in tliis proclamation, either in repairing such vessel or in fur- nishing her, her officers or crew, with supplies of any kind or in any manner whatever; or if any pilot shall assist in navigating any of the said armed vessels, unless it be for the purpose of carrying them in the first instance beyond the limits and jurisdiction of the United States, such person or persons shall on conviction suffer all the pains and pen- alties by the laws provided for such, offenses. And I do hereby enjoin and require all persons bearing office, civil or military, within the United States, and all others citizens or inhabitants thereof, or being within the same, with vigilance and promptitude to exert their respective authorities and to be aiding and assisting to the carrying this proclamation and every part thereof into full effect. 39' Messages and Papers of the Presidents In testimony whereof I have caused the seal of the United States to he affixed tt) these presents, and sij^^ned the same with my hand. P, ^ •, Given at the city of Washington, the 3d day of May, A. D. 1806, and of the Sovereignty and Independence of the United States the thirtieth, TH: JKFFKRSON. By the President: Jamks Madison, Secretary 0/ State. [From Annals of Congress, Ninth Congress, second session, 686.] By the Pkbsident of the United States of America, a proclamation. WTiereas information has been received that sundry persons, citizens of the United States or residents within the same, are conspiring and confederating together to begin and set on foot, provide, and prepare the means for a mihtary expedition or enterprise against the dominions of Spain; that for this purpose they are fitting out and arming vessels in the western waters of the United States, collecting provisions, arms, military stores, and means; are decei\'ing and seducing honest and well- meaning citizens, under various pretenses, to engage in their criminal enterprises; are organizing, officering, and arming themselves for the same, contrary to the laws in such cases made and provided: I have therefore thought proper to issue this my proclamation, warn- ing and enjoining all faithful citizens who have been led without due knowledge or consideration to participate in the said unlawful enterprises to withdraw from the same without delay, and commanding all per.sons whatsoever engaged or concerned in the same to cease all further pro- ceedings therein, as they will answer the contrary at their peril and incur prosecution with all the rigors of the law. And I hereby enjoin and require all officers, civil and military, of the United States, or of any of the States or Territories, and especially all governors and other executive authorities, all judges, justices, and other officers of the peace, all military officers of the Army or Navy of the United States, or officers of the militia, to be vigilant, each within his respective department and according to his functions, in searching out and bringing to condign punishment all persons engaged or concerned in .such enterprise, in seizing and detaining, subject to the disposition of the law, all vessels, arms, military stores, or other means provided or providing for the same, and, in general, in pre- venting the carrying on such expedition or enterprise by all lawful means within their power; and I require all good and faithful citizens and others within the United States to be aiding and assi.sting herein, and especially in the discovery, apprehension, and bringing to justice of all such offend- Thomas Jefferson 393 ers, in preventing the execution of their unlawful designs, and in giving information against them to the proper authorities. In testimony whereof I have caused the seal of the United States to be affixed to these presents, and have signed the same with my hand. [seal.] Given at the city of "Washington on the 27th day of Novem- ber, 1806, and in the year of the Sovereignty of the United States the thirty-first. TH: JEFFERSON. By the President: Jamks Madison, Secretary of State. SIXTH ANNUAL MESSAGE. December 2, 1806. To the Senate and House of Representatives of the United States of America in Congress assembled: It would have given me, fellow-citizens, great satisfaction to announce in the moment of your meeting that the difficulties in our foreign rela- tions existing at the time of your last separation had been amicably and justly terminated. I lost no time in taking those measures which were most likely to bring them to such a termination — by special missions charged with such powers and instructions as in the event of failure could leave no imputation on either our moderation or forbearance. The delays which have since taken place in our negotiations with the British Government appear to have proceeded from causes which do not forbid the expectation that during the course of the session I may be enabled to lay before you their final issue. What will be that of the negotia- tions for setthng our differences with Spain nothing which had taken place at the date of the last dispatches enables us to pronounce. On the western side of the Mississippi she advanced in considerable force, and took post at the settlement of Bayou Pierre, on the Red River. This village was originally settled by France, was held by her as long as she held Louisiana, and was delivered to Spain only as a part of Louisiana. Being small, insulated, and distant, it was not observed at the moment of redelivery to France and the United States that she continued a guard or half a dozen men which had been stationed there. A proposition, how- ever, having been lately made by our commander in chief to assume the Sabine River as a temporary line of separation between the troops of the two nations until the issue of our negotiations shall be known, this lias been referred by the Spanish commandant to his superior, and in the meantime he has withdrawn his fQrce to the western side of the Sabine 304 Messa^f^fs and Papers of the Presidents River. The eorresponclence on this subject now communicated will exhibit more particuhirly the present state of things in that quarter. The nature of that country requires indispensably that an unusual proportion of the force employed there should be cavalry or mounted infantry. In order, therefore, that the commanding officer might be enabled to act with effect, I had authorized him to call on the governors of Orleans and Mississippi for a corps of 500 volunteer cavalry. The temporary aiTangement he has proposed may perhaps render this unnec- essiiry; but I inform you with great pleasure of the promptitude with which the inhabitants of those Territories have tendered their services in defense of their coimtry. It has done honor to themselves, entitled them to the confidence of their fellow-citizens in everj' part of the Union, and must strengthen the general determination to protect them efficaciously inider all circumstances which may occur. Having received information that in another part of the United States a great number of private individuals were combining together, arming and organizing themselves contrary to law, to carry on a military expedi- tion against the territories of Spain, I thought it necessary, by procla- mation as well as by special orders, to take measiu"es for preventing and suppressing this enterprise, for seizing the vessels, arms, and other means provided for it, and for arresting and bringing to justice its authors and abettors. It was due to that good faith which ought ever to be the rule of action in public as well as in private transactions, it was due to good order and regular government, that while the public force was acting strictly on the defensive and merely to protect our citizens from aggres- sion the criminal attempts of private individuals to decide for their country the question of peace or war by commencing active and luiau- thorized hostilities should be promptly and efficaciously suppressed. Whether it will be necessary to enlarge our regular force will depend on the result of our negotiations wuth Spain; but as it is uncertain when that result will be known, the provisional measures requisite for that, and to meet any pressure intervening in that quarter, will be a subject for your early consideration. The possession of both banks of the Mississippi reducing to a single point the defense of that river, its waters, and the country adjacent, it becomes highly necessar>^ to provide for that point a more adequate security. Some position above its mouth, commanding the passage of the river, should be rendered sufficiently strong to cover the armed ves- sels which may be stationed there for defense, and in conjunction with them to present an insuperable obstacle to any force attempting to pass. The approaches to the city of New Orleans from the eastern quarter also will require to be examined and more effectually guarded. For tl .e internal support of the country the encouragement of a strong settlement on the western side of the Mississippi, within reach of New Orleans, wiU be worthy the consideration of the Legislature. Thomas Jefferson 395 The gunboats authorized by an act of the last session are so advanced that they will be ready for service in the ensuing spring. Circumstances permitted us to allow the time necessary for their more solid construc- tion. As a much larger number will still be wanting to place our sea- port towns and waters in that state of defense to which we are competent and they entitled, a similar appropriation for a further provision for them is recommended for the ensuing year. A further appropriation will also be necessary for repairing fortifi- cations already established and the erection of such other works as may have real effect in obstructing the approach of an enemy to our seaport towns, or their remaining before them. In a country whose constitution is derived from the will of the people, directly expressed by their free suffrages; where the principal executive functionaries and those of the legislature are renewed by them at short periods; where under the character of jurors they exercise in person the greatest portion of the judiciary powers; where the laws are consequently so formed and administered as to bear with equal weight and favor on all, restraining no man in the pursuits of honest industry and securing to everyone the property which that acquires, it would not be supposed that any safeguards could be needed against insurrection or enterprise on the public peace or authority. The laws, however, aware that these should not be trusted to moral restraints only, have wisely provided pun- ishment for these crimes when committed. But would it not be salutary to give also the means of preventing their commission ? Where an enter- prise is meditated by private individuals against a foreign nation in amity with the United States, powers of prevention to a certain extent are given by the laws. "Would they not be as reasonable and useful where the enterprise preparing is against the United States? While adverting to this branch of law it is proper to observe that in enterprises meditated against foreign nations the ordinary process of binding to the observance of the peace and good behavior, could it be extended to acts to be done out of the jurisdiction of the United States, would be effectual in some cases where the offender is able to keep out of sight every indication of his purpose which could draw on him the exercise of the powers now given by law. The States on the coast of Barbary seem generally disposed at present to respect our peace and friendship; with Tunis alone some uncertainty remains. Persuaded that it is our interest to maintain our peace with them on equal terms or not at all, I propose to send in due time a reen- forcement into the Mediterranean unless previous information shall shew it to be unnecessary. We continue to receive proofs of the growing attachment of our Indian neighbors and of their disposition to place all their interests under the patronage of the United States. These dispositions are inspired by their confidence in our justice and in the sincere concern we feel for their 3t)6 Messages and Papers of the Presidents welfare; and as loii^ as we discharj^c these hi^h and houorable functions with the inte^ity and >;c>od faith whieh alone can entitle us to their continuance we may expect to reap the just reward in their peace aud friendship. The exjXHlition of Messrs. Lewis and Clarke for exploring the river Missouri and the best conununication from that to the Pacific Ocean has had all the success which could have been expected. They have traced the Missouri nearly to its source, descended the Columbia to the Pacific Ocean, ascertained with accuracy the geography of that interesting com- munication across our continent, learnt the character of the country, of its conunerce and inhabitants; and it is but justice to say that Messrs. Lewis and Clarke and their brave companions have by this arduous serv- ice deserved well of their country. The attempt to explore the Red River, under the direction of Mr. Free- man, though conducted with a zeal and prudence meriting entire appro- bation, has not been equally successful. After proceeding up it about 600 miles, nearly as far as the French settlements had extended while the country- was in their possession, our geographers were obliged to return without completing their work. \&cy useful additions have also been made to our knowledge of the Mississippi by Lieutenant Pike, who has ascended it to its source, and whose journal and map, giving the details of his journey, will shortly be ready for communication to both Houses of Congress. Those of Messrs. Lewis, Clarke, and Freeman wall require further time to be digested and prepared. These important surveys, in addition to those before pos- sessed, furnish materials for commencing an accurate map of the Missis- sippi and its western waters. Some principal rivers, however, remain still to be explored, toward which the authorization of Congress by mod- erate appropriations will be requisite. I congratulate you, fellows-citizens, on the approach of the period at which you may interpose your authority constitutionally to withdraw the citizens of the United States from all further participation in those violations of human rights which have been so long continued on the unoffending inhabitants of Africa, and which the morality, the reputa- tion, and the best interests of our country have long been eager to pro- scribe. Although no law you may pass can take prohibitory effect till the first day of the year 1808, yet the intervening period is not too long to prevent by timely notice expeditions which can not be completed before that day. The receipts at the Treasury during the year ending on the 30th day of September last have amounted to near $15,000,000, which have enabled us, after meeting the current demands, to pay $2, 700, 000 of the American claims in part of the price of Louisiana; to pay of the funded debt upward of three millions of principal and nearly four of interest, and, in addition, to reimburse in the course of the present month near two millions of 5>^ Thomas Jefferson 397 per cent stock. These payments and reimbursements of the funded debt, with those which had been made in the four years and a half preceding, will at the close of the present year have extinguished upward of twenty- three millions of principal. The duties composing the Mediterranean fund will cease by law at the end of the present session. Considering, however, that they are levied chiefly on luxiuies and that we have an impost on salt, a necessary of life, the free use of which otherwise is so important, I recommend to your consideration the suppression of the duties on salt and the continua- tion of the Mediterranean fund instead thereof for a short time, after which that also will become unnecessary for any purpose now within contemplation. When both of these branches of revenue shall in this way be relin- quished there will still ere long be an accumulation of moneys in the Treasury beyond the installments of public debt which we are permitted by contract to pay. They can not then, without a modification assented to by the public creditors, be applied to the extinguishment of this debt and the complete liberation of our revenues, the most desirable of all objects. Nor, if our peace continues, will they be wanting for any other existing purpose. The question therefore now comes forward. To what other objects shall these surpluses be appropriated, and the whole surplus of impost, after the entire discharge of the public debt, and during those intervals when the purposes of war shall not call for them? Shall we suppress the impost and give that advantage to foreign over domestic manufactures? On a few articles of more general and necessary use the suppression in due season will doubtless be right, but the great mass of the articles on which impost is paid are foreign luxuries, purchased by those only who are rich enough to afford themselves the use of them. Their patriotism would certainly prefer its continuance and application to the great purposes of the public education, roads, rivers, canals, and such other objects of public improvement as it may be thought proper to add to the constitutional enumeration of Federal powers. By these opera- tions new channels of communication will be opened between the States, the lines of separation will disappear, their interests will be identified, and their union cemented by new and indissoluble ties. Education is here placed among the articles of public care, not that it would be pro- posed to take its ordinary branches out of the hands of private enter- prise, which manages so much better all the concerns to which it is equal, but a public institution can alone supply those sciences which though rarely called for are yet necessary to complete the circle, all the parts of which contribute to the improvement of the country and some of them to its preservation. The subject is now proposed for the consideration of Congress, because if approved by the time the State legislatures shall have deliberated on this extension of the Federal trusts, and the laws shall be passed and other arrangements made for their execution, the 3*>S Messages and Papers of the Presidents necessary fiituls will he on li.uul and without employment. I suppose an amciuliucnt to the Constitution, by consent of the States, necessary, Ik-cuusc the objects now reconunended are not among those enumerated in the Constitution, and to which it permits the public moneys to be applied. The present con.sideration of a national establishment for education particularly is rendered proper by this circumstance also, that if Congress, api^roving the pro|>osition, shall yet think it more eligible to found it on a donation of lantls, they have it now in their power to endow it with those which will be among the earliest to produce the necessary income. This foundation would have the advantage of being independent of war, which ma}- suspend other improvements by requiring for its own purposes the resources destined for them. This, fellow-citizens, is the state of the public interests at the present moment and according to the information now possessed. But such is the situation of the nations of Europe and such, too, the predicament in which we stand with some of them that we can not rely with certainty on the present aspect of our affairs, that may change from moment to mo- ment during the course of your session or after you shall have separated. Our duty is, therefore, to act upon things as they are and to make a rea- sonable provision for whatever they may be. Were armies to be raised whenever a speck of war is visible in our horizon, we never should have been without them. Our resources would have been exhausted on dan- gers which have never happened, instead of being reserved for what is really to take place. A steady, perhaps a quickened, pace in preparations for the defense of our seaport tow^ns and waters; an early settlement of the most exposed and vulnerable parts of our country; a militia so organ- ized that its effective portions can be called to any point in the Union, or volunteers instead of them to serve a sufficient time, are means which may always be ready, yet never preying on our resources until actually called into use. The}' will maintain the public interests \^fhile a more permanent force shall be in course of preparation. But much will depend on the promptitude wuth which these means can be brought into activity. If war be forced upon us, in spite of our long and vain appeals to the jus- tice of nations, rapid and vigorous movements in its outset will go far toward securing us in its course and issue, and toward throwing its bur- thens on those who render necessary the resort from reason to force. The result of our negotiations, or such incidents in their cotu'se as may enable us to infer their probable issue; such further movements also on our western frontiers as may shew whether war is to be pressed there while negotiation is protracted elsewhere, shall be communicated to you from time to time as they become known to me, with whatever other information I possess or may receive, which may aid your deliberations on the great national interests committed to your charge. TH: JKFFKKiSON. Thomas Jefferson 399 SPECIAL MESSAGES. December 3, 1806. To the Senate ayid House of Representatives of the United States: I have the satisfaction to inform you that the negotiation depending between the United States and the Government of Great Britain is pro- ceeding in a spirit of friendship and accommodation which promises a result of mutual advantage. Delays, indeed, have taken place, occasioned by the long illness and subsequent death of the British minister charged with that duty. But the commissioners appointed by that Government to resume the negotiation have shewn every disposition to hasten its progress. It is, however, a work of time, as many arrangements are necessary to place our future harmony on stable grounds. In the mean- time we find by the communications of our plenipotentiaries that a tem- porary suspension of the act of the last session prohibiting certain importations would, as a mark of candid disposition on our part and of confidence in the temper and views with which they have been met, have a happy effect on its course. A step so friendly will afford further evi- dence that all our proceedings have flowed from views of justice and conciliation, and that we give them willingly that form which may best meet corresponding dispositions. Add to this that the same motives which produced the postponement of the act till the 15th of November last are in favor of its further sus- pension, and as we have reason uo hope that it may soon yield to arrange- ments of mutual consent and convenience, justice seems to require that the same measure may be dealt out to the few cases which may fall within its short course as to all others preceding and following it. I can not, therefore, but recommend the suspension of this act for a reasonable time, on considerations of justice, amity, and the public interests. TH: JEFFERSON. December 15, 1806. To the House of Representatives of the United States: I lay before Congress a report of the surveyor of the public buildings, Stating the progress made on them during the last season and what is proposed for the ensuing one. I took every meastu-e within my power for carrying into effect the request of the House of Representatives of the 17th of April last to cause the south wing of the Capitol to be prepared for their accommodation by the commencement of the present session. With great regret I found it was not to be accomplished. The quantity of freestone necessary, with the size and quality of many of the blocks, was represented as .|ui the quarries by any exertions which coukl l)c comnuiiulctl. The other parts of the work, which might all have 1kh.mi anuplctoil in time, were necessarily retarded by the insuffi- cient progress of the stonework. Til: JKFFKRSON. January 5, 1807. To the Smafr a fid /louse 0/ Representatives of tJic United States: I transmit to each House of Congress a copy of the laws of the Terri- tor>' of Michigan passed by the governor and judges of the Territory during the year 1805. TH: JEFFERSON. January 22. 1807, To the Senate and House of Representatives of the United States: Agreeably to the request of the House of Representatives communi- cated in their resolution of the i6th instant, I proceed to state, under the reserve therein expressed, information received touching an illegal combi- nation of private individuals against the peace and safety of the Union, and a military expedition planned by them against the territories of a power in amity with the United States, with the measures I have pur- sued for suppressing the same. I had for some time been in the constant expectation of receiving such further information as w^ould have enabled me to lay before the Legisla- ture the termination as well as the beginning and progress of this scene of depra\dty so far as it has been acted on the Ohio and its waters. From this the state of safety of the lower country might have been estimated on probable grounds, and the delay was indulged the rather because no circumstance had yet made it necessarj^ to call in the aid of the legisla- tive functions. Information now recently communicated has brought us nearly to the period contemplated. The mass of what I have received in the course of these transactions is voluminous, but little has been given under the sanction of an oath so as to constitute formal and legal evi- dence. It is chiefly in the form of letters, often containing such a mix- ture of rumors, conjectures, and suspicions as renders it difficult to sift out the real facts and unadvisable to hazard more than general outlines, strengthened by conciurent information or the particular credibility of the relator. In this state of the e\ndence, delivered sometimes, too, under the restriction of private confidence, neither safety nor justice will permit the exposing names, except that of the principal actor, whose guilt is placed beyond question. Some time in the latter part of September I received intimations that designs were in agitation in the Western country unlawful and unfriendly to the peace of the Union, and that the prime mover in these was Aaron Thomas Jefferson 401 Burr, heretofore distinguished Ijy tlie favor of his country. The grounds of these intimations being incouchisive, the objects uncertain, and the fideUty of that country known to be firm, the only measure taken waste urge the informants to use their best endeavors to get further insight into the designs and proceedings of the suspected persons and to communicate them to me. It was not till the latter part of October that the objects of the con- spiracy began to be perceived, but still so blended and involved in mystery that nothing distinct could be singled out for pursuit. In this state of uncertainty as to the crime contemplated, the acts done, and the legal course to be pursued, I thought it best to send to the scene where these things were principally in transaction a person in whose integrity, under- standing, and discretion entire confidence could be reposed, with instruc- tions to investigate the plots going on, to enter into conference (for which he had sufiicient credentials) with the governors and all other officers, civil and military, and with their aid to do on the spot whatever should be necessary to discover the designs of the conspirators, arrest their means, bring their persons to punishment, and to call out the force of the coun- try to suppress any unlawful enterprise in which it should be found they were engaged. By this time it was known that many boats were under preparation, stores of provisions collecting, and an unusual number of suspicious characters in motion on the Ohio and its waters. Besides dispatching the confidential agent to that quarter, orders were at the same time sent to the governors of the Orleans and Mississippi Territories and to the commanders of the land and naval forces there to be on their guard against surprise and in constant readiness to resist any enterprise which might be attempted on the vessels, posts, or other objects under their care; and on the 8th of November instructions were forwarded to Gen- eral Wilkinson to hasten an accommodation with the Spanish command- ant on the Sabine, and as soon as that was effected to fall back with his principal force to the hither bank of the Mississippi for the defense of the interesting points on that river. By a letter received from that officer on the 25th of November, but dated October 21, we learnt that a confidential agent of Aaron Burr had been deputed to him with commu- nications, partly written in cipher and partly oral, explaining his designs, exaggerating his resources, and making such offers of emolument and command to engage him and the army in his unlawful enterprise as he had flattered himself would be successful. The General, with the honor of a soldier and fidelity of a good citizen, immediately dispatched a trusty officer to me with information of what had passed, proceeding to establish such an understanding with the Spanish commandant on the Sabine as permitted him to withdraw his force across the Mississippi and to enter on measures for opposing the projected enterprise. The General's letter, which came to hand on the 25th of November, as has been meutioued, and some other information received a few days 403 Aftssnt^fS and Pn/>rrs of the Presiiietits earlier, when ImniRht together developed Burr's ojencral desip^iis, dif- ferent ixirls nf which only had l>een revealed to iliffercnt informants. It api)cared that he contemplated two distinct objects, which might be carrieil on either jointly or separately, and either the cue or the other first, as circumstances should ilirect. One of these was the severance of the ITnion of these States by the Alleghany Mountains; the other an attack on Mexico. A third object was provided, merely ostensible, to wit, the settlement of a pretended purchase of a tract of country on the Washita claimed by a Baron Bastrop. This was to serve as the pre- text for all his preparations, an allurement for such followers as really wished to acquire settlements in that country and a cover under which to retreat in the e\-eut of a final discomfiture of both branches of his real design. He found at once that the attachment of the Western country to the present Union was not to be shaken; that its dissolution could not be effected with the consent of its inhabitants, and that his resources were inadequate as yet to effect it by force. He took his course then at once, determined to seize on New Orleans, plunder the bank there, possess himself of the military and naval stores, and proceed on his expedition to Mexico, and to this object all his means and preparations were now directed. He collected from all the quarters where himself or his agents possessed influence all the ardent, restless, desperate, and disaffected per- sons who were ready for any enterprise analogous to their characters. He seduced good and well-meaning citizens, some by assurances that he possessed the confidence of the Government and was acting under its secret patronage, a pretense which procured some credit from the state of our differences with Spain, and others by offers of land in Bastrop's claim on the Washita. This was the state of my information of his proceedings about the last of November, at which time, therefore, it was first pos.sible to take spe- cific measures to meet them. The proclamation of November 27, two days after the receipt of General Wilkinson's information, was now issued. Orders were dispatched to every interesting point on the Ohio and Mississippi from Pittsburg to New Orleans for the employment of such force either of the regulars or of the militia and of such proceedings also of the civil authorities as might enable them to seize on all the boats and stores provided for the enterprise, to arrest the persons concerned, and to suppress effectually the further progress of the enterprise. A little before the receipt of these orders in the State of Ohio our confidential agent, who had been diligently employed in investigating the conspiracy, had acquired suflScient information to open himself to the governor of that State and apply for the immediate exertion of the authority and power of the State to crush the combination. Governor Tiffin and the legislature, with a promptitude, an energy, and patriotic zeal vv^hich enti- tle them to a distinguished place in the affection of their sister States. Thomas Jefferson 4^3 effected the seizure of all the boats, provisions, and other preparations within their reach, and thus gave a first blow, materially disabling the enterprise in its outset. In Kentucky a premature attempt to bring Burr to justice without sufficient evidence for his conviction had produced a popular impression in his favor and a general disbelief of his guilt. This gave him an unfor- tunate opportunity of hastening his equipments. The arrival of the proclanjation and orders and the application and information of our con- fidential agent at length awakened the authorities of that State to the truth, and then produced the same promptitude and energy of which the neighboring State had set the example. Under an act of their legisla- tiu-e of December 23 militia was instantly ordered to different important points, and measures taken for doing whatever could yet be done. Some boats (accounts vary from five to double or treble that number) and per- sons (differently estimated from 100 to 300) had in the meantime passed the Falls of Ohio to rendezvous at the mouth of Cumberland with others expected down that river. Not apprised till very late that any boats were building on Cumber- land, the effect of the proclamation had been trusted to for some time in the State of Tennessee; but on the 19th of December similar communi- cations and instructions with those to the neighboring States were dis- patched by express to the governor and a general officer of the western division of the State, and on the 23d of December our confidential agent left Frankfort for Nashville to put into activity the means of that State also. But by information received yesterday I learn that on the 2 2d of December Mr. Burr descended the Cumberland with two boats merely of accommodation, carrying with him from that State no quota toward his unlawful enterprise. Whether after the arrival of the proclamation, of the orders, or of our agent any exertion which could be made by that State or the orders of the governor of Kentucky for calling out the militia at the mouth of Cumberland would be in time to arrest these boats and those from the Falls of Ohio is still doubtful. On the whole, the fugitives from the Ohio, with their associates from Cumberland or any other place in that quarter, can not threaten serious danger to the city of New Orleans. By the same express of December 19 orders were sent to the govern- ors of Orleans and Mississippi, supplementary to those which had been given on the 25th of November, to hold the militia of their Territories in readiness to cooperate for their defense with the regular troops and armed vessels then under command of General Wilkinson. Great alarm, indeed, was excited at New Orleans by the exaggerated accounts of Mr. Burr, disseminated through his emissaries, of the armies and navies he was to assemble there. General Wilkinson had arrived there himself on the 24th of November, and had immediately put into activity the resources of the place for the purpose of its defense, and on the loth of December .\i\\ Mt'ssn^rs ami Papers of ihc IWsidenis he was joiiKil by his troops from the Sabine. Great zeal was shewn by the inhabitants j^enerally, the merchants of the place readily agreeing to the nu^st huulable exertions and sacrifices for manning the armed vessels with their seamen, and the other citizens manifesting unequivocal fidelity to the l^nion and a spirit of determined resistance to their expected as- sailants. Surmises have been hazarded that this enterprise is to receive aid from certain foreign powers; but these surmises are without proof or proba- bility. The wisdom of the measures sanctioned by Congress at its last session has placed us in the paths of peace and justice wdtli the only powers with whom we had any differences, and nothing has happened since which makes it either their interest or ours to pursue another course. No change of measures has taken place on our part; none ought to take place at this time. With the one, friendly arrangement was then pro- posed, and the law deemed necessary'' on the failure of that was suspended to give time for a fair trial of the issue. With the same power friendly arrangement is now proceeding under good expectations, and the same law deemed necessary on failure of that is still suspended, to give time for a fair trial of the issue. With the other, negotiation was in like man- ner then preferred, and provisional measures only taken to meet the event of rupture. With the same power negotiation is still preferred, and provisional measures only are necessary to meet the event of rupture. While, therefore, we do not deflect in the slightest degree from the course we then assumed and are still pursuing with mutual consent to restore a good understanding, we are not to impute to them practices as irreconcil- able to interest as to good faith, and changing necessarily the relations of peace and justice between us to those of war. These surmises are there- fore to be imputed to the vauntings of the author of this enterprise to multiply his partisans by magnifying the belief of his prospects and support. By letters from General Wilkinson of the 14th and i8th of December, which came to hand two days after the date of the resolution of the House of Representatives — that is to say, on the morning of the i8th instant — I received the important afii davit a cop}^ of which I now communicate, with extracts of so much of the letters as comes wdthin the scope of the resolution. By these it will be seen that of three of the principal emis- saries of Mr. Burr w^iom the General had caused to be apprehended, one had been liberated by habeas corpus, and two others, being those particularly employed in the endeavor to corrupt the general and army of the United States, have been embarked by him for ports in the Atlan tic States, probably on the consideration that an impartial trial could not be expected during the present agitations of New Orleans, and that that city was not as yet a .safe j)lace of confinement. As soon as these per.sons shall arrive they will he^ delivered to the custody of the law nnd left to such course of trial, both as to place and process, as its func< Thofnas Jefferson 4°5 tionarics may direct. The presence of the highest judicial authorities, to be assembled at this place within a few days, the means of pursuing a sounder course of proceedings here than elsewhere, and the aid of the Executive means, should the judges have occasion to use them, render it equally desirable for the criminals as for the public that, being already removed from the place where they were first apprehended, the first reg- ular arrest should take place here, and the course of proceedings receive here its proper direction. TH: JEFFERSON. January 26, 1807. To the Senate and House of Representatives of the United States: I received from General Wilkinson on the 23d instant his affidavit charging Samuel Swartwout, Peter V. Ogden, and James Alexander with the crimes described in the affidavit a copy of which is now com- municated to both Houses of Congress. It was announced to me at the same time that Swartwout and Bollman, two of the persons apprehended by him, were arrived in this city in cus- tody each of a military officer. I immediately delivered to the attorney of the United States in this district the evidence received against them, with instructions to lay the same before the judges and apply for their process to bring the accused to justice, and put into his hands orders to the officers having them in custody to deliver them to the marshal on his application. TH: JEFFERSON. January 27, 1807. To the Senate and House of Representatives of the United States: I now render to Congress the account of the fund established for defraying the contingent expenses of Government for the year 1806. No occasion having arisen for making use of any part of the balance of $18,012.50, unexpended on the 31st day of December, 1805, that balance remains in the Treasury. TH: JEFFERSON. January 28, 1807. To the Senate and House of Representatives of the United States: By the letters of Captain Bissel, who commands at Fort Massac, and of Mr. Murrell, to General Jackson, of Tennessee, copies of which are now communicated to Congress, it will be seen that Aaron Burr passed Fort Massac on the 31st December with about ten boats, navigated by about six hands each, without any military appearance, and that three boats with ammunition were said to have been arrested by the militia at I^ouisville. -joo Afrssnt^rs and Papers of the Presidents As tlio j^uards of militia posted on various points of the Ohio will be able to prevent any further aids passing through that channel, should any Ix? attempted . we may now estimate with tolerable certainty the means derived from the Ohio ami its waters toward the accomplishment of the purposes of Mr. Burr. TH: JEFFERSON. January 31, 1807. To the Scjiatr arid House of Representatives of the Ihiited States: In execution of the act of the last session of Congress entitled "An act to regulate the laying out and making a road from Cumberland, in the State of Man>'land, to the State of Ohio," I appointed Thomas Moore, of Marjdaud; Joseph Kerr, of Ohio, and Eli Williams, of Mary- land, commissioners to lay out the said road, and to perform the other duties assigned to them by the act. The progress which they made in the execution of the work during the last season will appear in their report now communicated to Congress. On the receipt of it I took measures to obtain consent for making the road of the States of Penn- sylvania, Maryland, and Virginia, through which the commissioners pro- posed to lay it out. I have received acts of the legislatures of Maryland and Virginia giving the consent desired; that of Pennsylvania has the subject still under consideration, as is supposed. Until I receive full consent to a free choice of route through the whole distance I have thought it safest neither to accept nor reject finally the partial report of the commissioners. Some matters suggested in the report belong exclu- sively to the I^egislature. TH: JEFFERSON. February 6, 1807. To the Senate and House of Representatives of the Uyiited States: I lay before Congress the laws for the government of Louisiana, passed by the governor and judges of the Indiana Territory at their session at Vincennes begun on the ist of October, 1804. TH: JEFFERSON. February 6, 1807. To the Senate and House of Representatives of the United States: The Government of France having examined into the claim of M. de Beaumarchais against the United States, and considering it as just and legal, has instructed its minister here to make representations on the subject to the Government of the United States. I now lay his memoir thereon before the Legislature, the only authority competent to a final decision on the same. TH: JEFFERSON. I Thomas Jefferson 407 February 10, 1807. To the Senate and House of Represeyiiatives of the United States: I communicate, for the information of Congress, a letter from Cowles Mead, secretary of the Mississippi Territory, to the Secretary of War, by which it will be seen that Mr. Burr had reached that neighborhood on the 13th of January, TH: JEFFERSON. February 10, 1807. To the Senate and Hotise of Representatives of the United States: In compliance with the request of the House of Representatives expressed in their resolution of the 5th instant, I proceed to give such information as is possessed of the effect of gunboats in the protection and defense of harbors, of the numbers thought necessary, and of the»proposed distribution of them among the ports and harbors of the United States. Under present circumstances, and governed by the intentions of the I^egislature as manifested by their annual appropriations of money for the purposes of defense, it has been concluded to combine, first, land batteries furnished with heavy cannon and mortars, and established on all the points around the place favorable for preventing vessels from lying before it; second, movable artillery, which may be carried, as occasion may require, to points unprovided with fixed batteries; third, floating batteries, and fourth, gunboats which may oppose an enemy at his entrance and cooperate with the batteries for his expulsion. On this subject professional men were consulted as far as we had opportunity. General Wilkinson and ttie late General Gates gave their opinions in writing in favor of the system, as will be seen by their let- ters now communicated. The higher officers of the Navy gave the same opinions in separate conferences, as their presence at the seat of Govern- ment offered occasions of consulting them, and no difference of judgment appeared on the subject. Those of Commodore Barron and Captain Tingey, now here, are recently furnished in writing, and transmitted herewith to the Legislature. The efficacy of gunboats for the defense of harbors and of other smooth and inclosed waters may be estimated in part from that of galleys for- merly much used but less powerful, more costly in their construction and maintenance, and requiring more men. But the gunboat itself is believed to be in use with every modern maritime nation for the purposes of defense. In the Mediterranean, on which are several small powers whose system, like ours, is peace and defense, few harbors are without this article of protection. Our own experience there of the effect of gun- boats for harbor .service is recent. Algiers is particularly know.: to have owed to a great provision of these vessels the safety of its city since the epoch of their construction. Before that it had been repeatedly insulted .}ivS Afessajyt's and Papers of the Presidents niul iiijincil. The uffcct of .mmhoats at present in the neigblx)rliocKl of Gibraltar is well known, and lunv nuicli they were usedbotli in the attaek ami defense of that place dnring a former war. The extensive resort to them b\- the two greatest naval powers in the world on an enterprise of invasion not long since in prospect shews their confidence in their efficacy for the pnrjx)ses for which they are snited. By the northern powers of ICnrope, whose seas are particularly adapted to them, they are still more used. The remarkable action between the Russian flotilla of gunlxDats and galleys and a Turkish fleet of ships of the line and frigates in the Liman Sea in 1788 will be readily recollected. The latter, commanded by their most celebrated admiral, were completely defeased, and several of their ships of the line destroyed. From the opinions given as to the number of gunboats necessary for some of the principal seaports, and from a view of all the towns and ports from Orleans to Maine, inclusive, entitled to protection in propor- tion to their situation and circiunstances, it is concluded that to give them a due measure of protection in times of war about 200 gunboats will be requisite. According to first ideas the following would be their general distribu- tion, liable to be varied on more mature examination and as circumstances shall \2xy\ that is to say: To the Mississippi and its neighboring waters, 40 gunboats. To Savannah and Charleston, and the harbors on each side from St. Marys to Currituck, 25, To the Chesapeake and its waters, 20. To Delaware Bay and River, 15. To New York, the Sound, and waters as far as Cape Cod, 50. To Boston and the harbors north of Cape Cod, 50. The flotillas assigned to these several stations might each be under the care of a particular commandant, and the vessels composing them would in ordinary be distributed among the harbors within the station in proportion to their importance. Of these boats a proper proportion would be of the larger size, such as those heretofore built, capable of navigating any seas and of reenforcing occasionally the strength of even the most distant ports when menaced with danger. The residue would be confined to their own or the neigh- boring harbors, would be smaller, less furnished for accommodation, and consequently less costl}'. Of the number supposed necessary, 73 are built or building, and the 127 still to be provided would cost from $500,000 to $600,000. Having regard to the convenience of the Treasury as well as to the resources for building, it has been thought that the one-half of these might be built in the present year and the other half the next. With the Legislature, however, it will rest to stop where we are, or at any further ])oiiit, when they .shall be of opinion that the number |)ro- vided shall be sufficient for the object, Thomas Jefferson 4C>9 At times when Europe as well as the United States shall be at peace it would not be proposed that more than six or eight of these vessels should be kept afloat. When Europe is in wai, treble that number might be necessary, to be distributed among those particular harbors which foreign vessels of war are in the habit of frequenting for the pur- , pose of preserving order therein. But they would be manned in ordinary, with only their complement for navigation, relying on the seamen and militia of the port if called into action on any sudden emergency. It would be only when the United States should themselves be at war that the whole number would be brought into active service, and would be ready in the first moments of the war to cooperate with the other means for covering at once the line of our seaports. At all times those unem- ployed would be withdrawn into places not exposed to sudden enterprise, hauled up under sheds from the sun and weather, and kept in preserva- tion with little expense for repairs or maintenance. It must be superfluous to observe that this species of naval armament is proposed merely for defensive operation; that it can have but little effect toward protecting our commerce in the open seas, even on our own coast; and still less can it become an excitement to engage in offen- sive maritime war, toward which it would furnish no means. TH: JEFFERSON. February ii, 1807. To the Senate and House of Representatives of the United States: I now lay before Congress a statement of the militia of the United States according to the latest returns received by the Department of War. From two of the States no returns have ever been received. TH: JEFFERSON. February 19, 1807. To the Senate and House oj Representatives of the United States: I transmit to Congress a letter from our ministers plenipotentiary at London, informing us that they have agreed with the British commission- ers to conclude a treaty on all the points which had formed the object of their negotiation, and on terms which they trusted we would approve. Also a letter from our minister plenipotentiary at Paris covering one to him from the minister of marine of that Government assuring him that the imperial decree lately passed was not to affect our commerce, which would still be governed by the rules of the treaty established between the two countries. Also a letter from Cowles Mead, secretary of the Mississippi Territory, acting as governor, informing us that Aaron Burr had surrendered himself to the civil authority of that Territory. TH: JEFFERSON. ^\ lo Mcssagfs and Papers of the Presidents PROCLAMATIONS. V>\ TmiMAS Jki'i-krson. Prksidknt of thk UNiTKn States of Amkkica. A PROCIvAlNIATTON, Durinc^ the wars which f(ir some time have unhappily prevailed among tlie ptwers of Ivurope the United States of America, firm in their prin- ciples of peace, have endeavored, by justice, by a regular discharge of all their national and social duties, and by every friendly ofHce their situa- tion has admitted, to maintain with all the belligerents their accustomed relations of friendship, hospitality, and commercial intercourse. Taking no part in the questions which animate these powers against each other, nor permitting themselves to entertain a wish but for the restoration of general peace, thej' have observed with good faith the neutrality they assumed, and thej^ believe that no instance of a departure from its duties can be justly imputed to them b}- an 5' nation. A free use of their har- bors and waters, the means of refitting and of refreshment, of succor to their sick and suffering, have at all times and on equal principles been extended to all, and this, too, amidst a constant recurrence of acts of insubordination to the laws, of violence to the persons, and of trespasses on the property of our citizens committed by ofl&cers of one of the bellig- erent parties received among us. In truth, these abuses of the laws of hospitality have, with few exceptions, become habitual to the commanders of the British armed vessels hovering on our coasts and frequenting our harbors. The}" have been the subject of repeated representations to their Government. Assurances have been given that proper orders should restrain them within the limits of the rights and of the respect due to a friendly nation; but those orders and assurances have been without effect — no instance of punishment for past wrongs has taken place. At length a deed transcending all we have hitherto seen or buffered brings the public sensibility to a serious crisis and our forbearance to a nec- essary^ pause. A frigate of the United States, trusting to a state of peace, and leaving her harbor on a distant service, has been surprised and attacked by a British vessel of superior force — one of a squadron then lying in our waters and covering the transaction — and has been disabled from sen-ice, with the loss of a number of men killed and wounded. This enormity was not only without provocation or justifiable cause, but was committed with the avowed purpose of taking by force from a ship of war of the United States a part of her crew; and that no circumstance might be wanting to mark its character, it had been previously ascer- tained that the seamen demanded were native citizens of the United States. Having effected her purpose, she returned to anchor with her Thomas Jefferson 411 squadron within our jurisdiction. Hospitality under such circumstances ceases to be a dut)^, and a continuance of it with such uncontrolled abuses would tend only, by multiplying injuries and irritations, to bring on a rupture between the two nations. This extreme resort is equally opposed to the interests of both, as it is to assurances of the most friendly dispositions on the part of the British Government, in the midst of which this outrage has been committed. In this light the subject can not but present itself to that Government and strengthen the motives to an hon- orable reparation of the wrong which has been done, and to that effectual control of its naval commanders which alone can justify the Government of the United States in the exercise of those hospitalities it is now con- strained to discontinue. In consideration of these circumstances and of the right of every nation to regulate its own police, to provide for its peace and for the safety of its citizens, and consequently to refuse the admission of armed vessels into its harbors or waters, either in such numbers or of such descriptions as are inconsistent with these or with the maintenance of the authority of the laws, I have thought proper, in pursuance of the authorities specially given by law, to issue this m}^ proclamation, hereby requiring all armed vessels bearing commissions under the Government of Great Britain now within the harbors or waters of the United States immedi- ately and without any delay to depart from the same, and interdicting the entrance of all the said harbors and waters to the said armed vessels and to all others bearing commissions under the authority of the British Government. And if the said vessels, or any of them, shall fail to depart as afore- said, or if they or any others so interdicted shall hereafter enter the harbors or waters aforesaid, I do in that case forbid all intercourse with them, or any of them, their officers or crews, and do prohibit all supplies and aid from being furnished to them, or any of them. And I do declare and make known that if any person from or within the jurisdictional limits of the United States shall afford any aid to any such vessel contrary to the prohibition contained in this proclamation, either in repairing any such vessel or in furnishing her, her officers or crew, with supplies of any kind or in any manner whatsoever; or if any pilot shall assist in navigating any of the said armed vessels, unless it be for the purpose of carrying them in the first instance beyond the limits and jurisdiction of the United States, or unless it be in the case of a vessel forced by distress or charged with public dispatches, as hereinafter provided for, such person or persons shall on conviction suffer all the pains and penalties by the laws provided for such offenses. And I do here1)y enjoin and require all persons bearing office, civil or military, within or under the authority of the United States, and all others citizens or inhabitants thereof, or being within the same, with vigilance and promptitude to exert their respective authorities and to .} 1 2 Affssa^^es and Papers of the Presidents Ik> aiding and assisting to the carrying this proclamation and every paii thereof into full effect, Providetl. nevertheless, that if any such vessel shall be forced into tlu- harlwrs or waters of the United States by distress, by the dangers of the sea, or by the pursuit of an enemy, or shall enter them charged with dis- jxitches or business from their Govennnent, or shall be a public packet for the conveyance of letters and dispatches, the commanding officer, inunediately reporting his vessel to the collector of the district, stating the object or causes of entering the said harbors or waters, and conform- ing himself to the regulations in that case prescribed under the authority of the laws, shall be allowed the benefit of such regulations respecting repairs, supplies, stay, intercourse, and departure as shall be permitted under the .same authority. In testimony whereof I have caused the seal of the United States to be affixed to these presents, and signed the .same. J. -, Given at the city of Washington, the 2d day of Jul}', A. D. 1807, aud of the Sovereignty and Independence of the United States the thirty-first. TH: JEFFERSON. By the President: James Madison, Secretary of State. [From Annals of Congress, Tenth Congress, first session, vol. i, 9.] By the President of the United States of America. A proclamation. Whereas great and weighty matters claiming the consideration of the Congress of the United States form an extraordinary occasion for conven- ing them, I do by these presents appoint Monday, the 26th day of October next, for their meeting at the city of Washington, hereby requiring the respective Senators and Representatives then and there to assemble in Congress, in order to receive such communications as may then be made to them, and to consult and determine on such measures as in their wis- dom may be deemed meet for the welfare of the United States. In testimony whereof I have caused the seal of the United States to be hereunto affixed, and signed the same with my hand. Done at the city of Washington, the 30th day of July, A. D. '• ■-' 1807, and in the thirty -second year of the Independence of the United States. TH: JEFFERSON. By the President: James Madison, Secretary of State, Thomas Jefferson 413 [Pinni the National Intelligencer, October 19, 1807.] By tiik Pkksidknt of tiik United States of Amkkica. a proclamation. Whereas information has been received that a number of individuals who have deserted from the Army of the United States and sought shel- ter without the jurisdiction thereof have become sensible of their offense and are desirous of returning to their duty, a full pardon is hereb}^ pro- claimed to each and all of such individuals as shall within four months from the date hereof surrender themselves to the commanding officer of any military post within the United States or the Territories thereof. In testimony whereof I have caused the seal of the United States to be afl&xed to these presents, and signed the same with my hand, r -1 Done at the city of Washington, the 15th day of October, I »3x!/A.i_v. I A. D. 1807, and of the Independence of the United States of America the thirty-second. TH: JKFFERSON. By the President: James Madison, Secretary of State, SEVENTH ANNUAL MESSAGE. October 27, 1807. To the Senate and House of Representatives of the Ujiited States: Circumstances, fellow-citizens, which seriously threatened the peace of our country have made it a duty to convene you at an earlier period than usual. The love of peace so much cherished in the bosoms of our citizens, which has so long guided the proceedings of their public coun- cils and induced forbearance under so many wrongs, may not insure our continuance in the quiet pursuits of industry. The many injuries and depredations committed on our commerce and navigation upon the high seas for years past, the successive innovations on those principles of pub- lic law which have been established by the reason and usage of nations as the rule of their intercourse and the umpire and security of their rights and peace, and all the circumstances which induced the extraordinary mission to lyondon are already known to you. The instructions given to our ministers were framed in the sincerest spirit of amity and modera- tion. They accordingly proceeded, in conformity therewith, to propose arrangements which might embrace and settle all the points in difference between us, which might bring us to a mutual understanding on our neutral and national rights and provide for a commercial intercourse on 4> 1 AfrssnQrs and Papers of the Presidents CDiulitions of soiuf rqualitN . AIUm loui; and fruitless endeavors to effect llie |)iirjK)ses t>f tlair iiiis>iuii and to olitain arranj^etnents witliin the limits of their instmetions, the>' eonehided to si<;n such as could be cbtaiued and to send theiu for consideration, candidly declaring to the other negotiators at the same time that they were acting against tlieir instructions, and that their Government, therefore, could not be pledged tor ratification. vSomeof the articles propo.sed might have been admitted on a ])riuciple of compromise, but others were too highly disadvantageous, and no suftlcient provision was made again.st the principal source of the irritations and colli.sions which were constantly endangering the peace of the two nations. The question, therefore, whether a treaty should be accepted in that fonn could have admitted but of one decision, even had no declarations of the other part)' impaired our confidence in it. Still anxious not to close the door against friendly adjustment, new modifica- tions were framed and further concessions authorized than could before have been supposed necessary; and our ministers were instructed to resume their negxDtiations on these grounds. On this new reference to amicable discussion we were reposing in confidence, when on the 2 2d day of June last by a formal order from a British admiral the frigate Ches- apeake, leaving her port for a distant service, was attacked by one of those vessels which had been lying in our harbors under the indulgences of hospitality, was disabled from proceeding, had several of her crew killed and four taken away. On this outrage no commentaries are neces- sary'. Its character has been pronounced b}^ the indignant voice of our citizens with an emphasis and unanimity never exceeded. I immediately, by proclamation, interdicted our harbors and waters to all British armed vessels, forbade intercourse with them, and uncertain how far hostilities were intended, and the town of Norfolk, indeed, being threatened with immediate attack, a sufficient force was ordered for the protection of that place, and such other preparations commenced and pursued as the prospect rendered proper. An armed vessel of the United States was dispatched with instructions to our ministers at London to call on that Government for the satisfaction and security required by the outrage. A very short interval ought now^ to bring the answer, which shall l)e communicated to you as soon as received; then also, or as soon after as the public interests shall be found to admit, the unratified treaty and proceedings relative to it shall be made known to you. The aggression thus begun has been continued on the part of the British commanders by remaining within our waters in defiance of the authority of the country, by habitual violations of its jurisdiction, and at length by putting to death one of the persons whom they had forcibly taken from on board the Chesapeake. These aggravations necessarily lead to the policy either of never admitting an armed vessel into our har- bors or of maintaining in every harbor such an armed force as may constrain obedience to the laws and protect the lives and property of our (f • ) ( .■ .'. In t\ /f <"7. <^r. f-,JI.-r (i., -V •i,-^,.t.*/l (T^^r/f .t-l'sj.' Cf' " ■ '■ - • , /.w/, /. ^//T ,?<> /-/^ r ■./,;,,-,.• !..,j,('^ //•:,,. ,x .. , ., / / / / ' . FIRST AND LAST PAGES OF JEFFERSON'S NEUTRALITY PROCLAMATION. f/ic I'^/^lr/fil ' J>/aI- r ■ I III ! l l— illiliiaiiWI—lllliill l iMI II II I I //.(I ^•^r z:,,/^ /A/- ,/,,„/:-v<'/^^'^ Thomas Jefferson 4 1 5 citizens against their armed giiests; but the expense of such, a standing force and its inconsistence with our principles dispense with those cour- tesies which would necessarily call for it, and leave us equally free to exclude the navy, as we are the army, of a foreign power from entering our limits. To former violations of maritime rights another is now added of very extensive effect. The Government of that nation has issued an order interdicting all trade by neutrals between ports not in amity with them ; and being now at war with nearly every nation on the Atlantic and Mediterranean seas, our vessels are required to sacrifice their cargoes at the first port they touch or to return home without the benefit of going to any other market. Under this new law of the ocean our trade on the Mediterranean has been swept away by seizures and condemnations, and that in other seas is threatened with the same fate. Our differences with Spain remain still unsettled, no measure having been taken on her part since my last communications to Congress to bring them to a close. But under a state of things which may favor recon- sideration they have been recently pressed, and an expectation is enter- tained that they may now soon be brought to an issue of some sort. With their subjects or? our borders no new collisions have taken place nor seem immediately to be apprehended. To our former grounds of complaint has been added a very serious one, as you will see by the decree a copy of which is now communicated. Whether this decree, which professes to be conformable to that of the French Government of November 21, 1806, heretofore communicated to Congress, will also be conformed to that in its construction and application in relation to the United States had not been ascertained at the date of our last communi- cations. These, however, gave reason to expect such a conformity. With the other nations of Europe our harmony has been uninter- rupted, and commerce and friendly intercourse have been maintained on their usual footing. Our peace with the several states on the coast of Barbary appears as firm as at any former period and as likely to continue as that of any other nation. Among our Indian neighbors in the northwestern quarter some fermen- tation was observed soon after the late occurrences, threatening the con- tinuance of our peace. Messages were said to be interchanged and tokens to be passing, which usually denote a state of restlessness among them, and tlie character of the agitators pointed to the sources of excitement. Measures were immediately taken for providing against that danger; instructions were given to require explanations, and, with assurances of our continued friendship, to admonish the tribes to remain quiet at home, taking no part in quarrels not belonging to them. As far as we are yet informed, the tribes in our vicinity, who are mo.st advanced in the pur- suits of industry, are sincerely disposed to adhere to their friendship with M P—voi. I— 15 4i6 Mt^ssages and Papers of the Presidents lis and to their peace with all others, while those more remote do not present appearances sufficiently i[uiet to justify the intermission of mili- tary i^recaution on our part. The great tribes on our southwestern quarter, much advanced beyond the others in agriculture and household arts, appear tranquil and identi- fying their views with ours in proportion to their advancement. With the whole of these people, in everj'^ quarter, I shall continue to inculcate peace and friendship with all their neighbors and perseverance in those occupations and pursuits which will best promote their own well-being. The appropriations of the last ses.sion for the defense of our seaport towns and harbors were made under expectation that a continuance of our peace would permit us to proce.;d in that work according to our con- venience. It has been thought better to appl)^ the sums then given toward the defense of New York, Charleston, and New Orleans chiefly, as most open and most likely first to need protection, and to leave places less immediately in danger to the provisions of the present session. The gunboats, too, already provided have on a like principle been chiefly assigned to New York, New Orleans, and the Chesapeake. Whether our movable force on the water, so material in aid of the defensive works on the land, should be augmented in this or any other form is left to the wisdom of the L,egislature. For the purpose of man- ning these vessels in sudden attacks on our harbors it is a matter for consideration whether the seamen of the United States may not justly be formed into a special militia, to be called on fbr tours of duty in de- fense of the harbors where they shall happen to be, the ordinary militia of the place furnishing that portion which may consist of landsmen. The moment our peace was threatened I deemed it indispensable to secure a greater provision of those articles of military stores with which our magazines were not sufficiently furnished. To have awaited a pre- \nous and special sanction by law would have lost occasions which might not be retrieved. I did not hesitate, therefore, to authorize engage- ments for such supplements to our existing stock as would render it adequate to the emergencies threatening us, and I trust that the LegiJ- lature, feeling the same anxiety for the safety of our country, so mate- rially advanced by this precaution, will approve, when done, what they would have seen so important to be done if then assembled. Expenses, also unprovided for, arose out of the necessity of calling all our gunboats into actual service for the defense of our harbors; of all which accounts will be laid before you. Whether a regular army is to be raised, and to what extent, must de- pend on the information so shortly expected. In the meantime I have called on the States for quotas of militia, to be in readiness for present defense, and have, moreover, encouraged the acceptance of volunteers; and I am happy to inform you that these have offered themselves with great alacrity in every part of the Union. They are ordered to be organ- TTiomas Jefferson 417 Ized and ready at a moment's warning to proceed on any service to which they may be called, and every preparation within the Executive powers has been made to insure us the benefit of early exertions. I informed Congress at their last session of the enterprises against the public peace which were believed to be in preparation by Aaron Bun and his associates, of the measures taken to defeat them and to bring the offenders to justice. Their enterprises were happily defeated by the patri- otic exertions of the militia whenever called into action, by the fidelity of the Army, and energy of the commander in chief injpromptly arranging the difficulties presenting themselves on the Sabine, repairing to meet those arising on the Mississippi, and dissipating before their explosion plots engendering there. I shall think it my duty to lay before you the proceedings and the evidence publicly exhibited on the arraignment of the principal offenders before the circuit court of Virginia. You will be enabled to judge whether the defect was in the testimony, in the law, or in the administration of the law; and wherever it shall be found, the Legislature alone can apply or originate the remedy. The framers of our Constitution certainly supposed they had guarded as well their Govern- ment against destruction by treason as their citizens against oppression under pretense of it, and if these ends are not attained it is of impor- tance to inquire by what means more effectual they may be secured. The accounts of the receipts of revenue during the year ending on the 30th day of September last being not yet made up, a correct state- ment will be hereafter transmitted from the Treasury. In the meantime, it is ascertained that the receipts have amounted to near $16,000,000, which, with the five millions and a half in the Treasury at the beginning of the year, have enabled us, after meeting the current demands and interest incurred, to pay more than four millions of the principal of our funded debt. These payments, with those of the preceding five and a half years, have extinguished of the funded debt $25,500,000, being the whole which could be paid or purchased within the limits of the law and of our contracts, and have left us in the Treasury $8,500,000. A portion of this sum may be considered as a commencement of accumulation of the surpluses of revenue which, after paying the installments of debt as they shall become payable, will remain without any specific object. It may partly, indeed, be applied toward completing the defense of the exposed points of our country, on such a scale as shall be adapted to our principles and circumstances. This object is doubtless among the first entitled to attention in such a state of our finances, and it is one which, whether we have peace or war, will provide security where it is due. Whether what shall remain of this, with the future surpluses, may be usefully applied to purposes already authorized or more usefully to others requiring new authorities, or how otherwise they shall be dis- posed of, are questions calling for the notice of Congress, unless, indeed, they shall be superseded by a change in our public relations now awaiting .|iS Afrssni^is ecause, the papers of the office being filed for the most part alphabetically, unless aided by the sugges- Thomas Jefferson 435 tion of any particular name which may have given such information, noth- ing short of a careful examination of the papers in the offices generally could authorize such an affirmation. About a twelvemonth after I came to the administration of the Gov- ernment Mr. Clark gave some verbal information to myself, as well as to the Secretary of State, relating to the same combinations for the dis- memberment of the Union. He was Ustened to freely, and he then delivered the letter of Governor Gayoso, addressed to himself, of which a copy is now communicated. After his return to New Orleans he for- warded to the Secretary of State other papers, with a request that after perusal they should be burnt. This, however, was not done, and he was so informed by the Secretary of State, and that they would be held subject to his orders. These papers have not yet been found in the office. A letter, therefore, has been addressed to the former chief clerk, who may perhaps give information respecting them. As far as our memories enable us to say, they related only to the combinations before spoken of, and not at all to the corrupt receipt of money by any officer of the United States; consequently they respected what was considered as a dead matter, known to the preceding Administrations, and offering nothing new to call for investigations, which those nearest the dates of the transactions had not thought proper to institute. In the course of the communications made to me on the subject of the conspiracy of Aaron Burr I sometimes received letters, some of them anonymous, some under names true or false, expressing suspicions and insinuations against General Wilkinson; but one only of them, and that anonymous, specified any particular fact, and that fact was one of those which had been already communicated to a former Administration. No other information within the purview of the request of the House is known to have been received by any department of the Government from the establishment of the present Federal Government. That which has been recently communicated to the House of Representatives, and by them to me, is the first direct testimony ever made known to me charg- ing General Wilkinson with the corrupt receipt of money, and the House of Representatives may be assured that the duties which this information devolves on me shall be exercised with rigorous impartiality. Should any want of power in the court to compel the rendering of testimony obstruct that full and impartial inquiry which alone can establish guilt or innocence and satisfy justice, the legislative authority only will be com- petent to the remedy. TH: JEFFERSON. January 30, 1808. • To the Senate and House of Representatives of the United States: The Choctaws, being indebted to their merchants beyond what could be discharged by the ordinary proceeds of their huntings, and pressed for 4 -6 Messages and Papers of the Presidents pajinent. proposed to the United States to cede lands to the amount of their debts, and ilosig^natcd them in two different portions of their coun- tr>'. These designations, not at all suiting us, were declined. Still urged by their creditors, as well as by their own desire to be liberated from debt, they at length proposed to make a cession which should be to our convenience. By a treaty signed at Pooshapuckanuck on the i6th of November. 1S05, they accordingly ceded all their lands south of a line to be run from their and our boundary at the Omochita eastwardly to their boundary' with the Creeks, on the ridge l^etween the Tombigbee and Alabama, as is n;ore particularly described in the treaty, containing about 5,000,000 acres, as is supposed, and uniting our possessions there from Adams to Washington County. The location contemplated in the instructions to the commissioners was on the Mississippi. That in the treaty being entirely different, I was at that time disinclined to its ratification, and I have suffered it to lie unacted on. But progressive difficulties in our foreign relations have brought into \'iew considerations other than those which then prevailed. It is now, perhaps, as interesting to obtain footing for a strong settlement of militia along our southern frontier eastward of the Mississippi as on the west of that river, and more so than higher up the river itself. The consoli- dation of the Mississippi Territory' and the establishment of a barrier of separation between the Indians and our Southern neighbors are also important objects; and the Choctaws and their creditors being still anx- ious that the sale should be made, I submitted the treaty to the Senate, who have advised and consented to its ratification. I therefore now lay it before both Houses of Congress for the exercise of their constitutional powers as to the means of fulfilling it. TH: JEFFERSON. January 30, 1808. To the House of Representatives of the United States: The posts of Detroit and Mackinac having been originally intended by the Governments which established and held them as mere depots for commerce with the Indians, \Qxy small cessions of land around them were obtained or asked from the native proprietors, and these posts depended for protection on the strength of their garrisons. The principles of our Government leading us to the employment of such moderate garrisons in time of peace as may merely take care of the post, and to a reliance on the neighboring militia for its support in the first moments of war, I have thought it would be important to obtain from the Indians such a cession in the neighborhood of these posts as might maintain a militia proportioned to this object; and I have particularly contemplated, with this view, the acquisition of the eastern moiety of the peninsula between the lakes Michigan, Huron, and Erie, extending it to the Connecticut Thomas Jefferson 427 Reserve so soon as it could be effected with the perfect good will of the natives. By a treaty concluded at Detroit on the 17th of November last with the Ottoways, Chippeways, Wyandots, and Pattawatimas so much of this country has been obtained as extends from about Saguina Bay southwardly to the Miami of the lyakes, supposed to contain upward of 5,000,000 acres, with a prospect of obtaining for the present a breadth of 2 miles for a communication from the Miami to the Connecticut Reserve. The Senate having advised and consented to the ratification of this treaty, I now lay it before both Houses of Congress for the exercise of their constitutional powers as to the means of fulfilling it. TH: JEFFERSON. Fkbruary 2, 1808. To the Senate and House of Representatives of the United States: Having received an oflScial communication of certain orders of the British Government against the maritime rights of neutrals, bearing date the nth of November, 1807, I transmit them to Congress, as a further proof of the increasing dangers to our navigation and commerce, which led to the provident measure of the act of the present session laying an embargo on our own vessels. TH: JEFFERSON. February 4, 1808. To the House of Representatives of the United States: In my message of January 20 I stated that some papers forwarded by Mr. Daniel Clark, of New Orleans, to the Secretary of State in 1803 had not then been found in the Office of State, and that a letter had been addressed to the former chief clerk, in the hope that he might advise where they should be sought for. By indications received from him they are now found. Among them are two letters from the Baron de Carondelet to an officer serving under him at a separate post, in which his views of a dismemberment of our Union are expressed. Extracts of so much of these letters as are within the scope of the resolution of the House are now communicated. With these were found the letters written by Mr. Clark to the Secretary of State in 1803. A part of one only of these relates to this subject, and is extracted and inclosed for the information of the House. In no part of the papers communi- cated by Mr. Clark, which are voluminous and in different languages, nor in his letters, have we found any intimation of the corrupt receipt of money by any officer of the United States from any foreign agent. As to the combinations with foreign agents for dismembering the Union, these papers and letters offer nothing which was not probably known to 428 Aft'ssages and Papers of the Presidents my predecessors, or which could call anew for inquiries, which they had not thought necessary to institute, when the facts were recent and could l>e better proved. They probably believed it best to let pass into oblivion transactions which, however culpable, had commenced before this Govcnunent existed, and had been finally extinguished by the treatv of 1795. TH: JEFFERSON. February 9, 1808. To the Senate and House of Representatives of the United States: I communicate to Congress, for their information, a letter from the person acting in the absence of our consul at Naples, giving reason to believe, on the affidavit of a Captain Sheffield, of the American schooner Mary Ann, that the Dey of Algiers has commenced war against the United States. For this no just cause has been given on our part within my knowledge. We may daily expect more authentic and par- ticular information on the subject from Mr. Lear, who was residing as our consul at Algiers. TH: JEFFERSON. February 15, 180S. To the Senate and House of Representatives of the U^iited States: I communicate for the information of Congress a letter from the consul of the United States at Malaga to the Secretary of State, covering one from Mr. Eear, our consul at Algiers, which gives information that the rupture threatened on the part of the Dey of Algiers has been amicably settled, and the vessels seized by him are liberated. TH: JEFFERSON. February 19, 1808. To the Senate and House of Representatives of the United States: The States of Pennsylvania, Maryland, and Virginia having by their several acts consented that the road from Cumberland to the State of Ohio, authorized by the act of Congress of the 29th of March, 1806, should pass through those States, and the report of the commissioners, communicated to Congress with my message of the 31st January, 1807, having been duly considered, I have approved of the route therein pro- posed for the said road as far as Brownsville, with a single deviation, since located, which carries it through Uniontown. From thence the course to the Ohio and the point within the legal limits at which it shall strike that river is still to be decided. In form- ing this decision I shall pay material regard to the interests and wishes of the populous parts of the State of Ohio and to a future and convenient Thomas Jefferson 439 connection with the road which is to lead from the Indian boundary near Cincinnati by Vincennes to the Mississippi at St. Louis, under authority of the act of the 21st April, 1806. In this way we may accomphsh a continued and advantageous Hne of communication from the seat of the General Government to St. Louis, passing through several very interest- ing points of the Western country. I have thought it advisable also to secure from obliteration the trace of the road so far as it has been approvea, which has been executed at such considerable expense, by opening one-half of its breadth through its whole length. The report of the commissioners, herewith transmitted, will give par- ticular information of their proceedings under the act of the 29th March, 1806, since the date of my message of the 31st January, 1807, and will enable Congress to adopt such further measures relative thereto as they may deem proper under existing circumstances. TH: JEFFERSON. February 25, 1808. To the Senate and House of Representatives of the United States: The dangers to our country arising from the contests of other nations and the urgency of making preparation for whatever events might affect our relations with them have been intimated in preceding messages to Congress. To secure ourselves by due precautions an augmentation of our military force, as well regular as of volunteer militia, seems to be expe- dient. The precise extent of that augmentation can not as yet be satis- factorily suggested, but that no time may be lost, and especially at a season deemed favorable to the object, I submit to the wisdom of the Legislature whether they will authorize a commencement of this precau- tionary work by a present provision for raising and organizing some additional force, reserving to themselves to decide its ultimate extent on such views of our situation as I may be enabled to present at a future day of the session. If an increase of force be now approved, I submit to their considera- tion the outlines of a plan proposed in the inclosed letter from the Secre- tary of War. I recommend also to the attention of Congress the term at which the act of April 18, 1806, concerning the militia, will expire, and the effect of that expiration. TH: JEFFERSON. February 26, 1808. To the Senate and House of Representatives of the United States: I inclose, for the information of Congress, letters recently received from our ministers at Fans and London, communicating their representations 43*^ Messages and Papers of the PresidenU against the late decrees aijd orders of France and Great Britain, heretofore transmitted to Congress. These documents will contribute to the infor- mation of Congress as to the dispositions of those powers and the probable course of their proceedings toward neutrals, and will doubtless have their due influence in adopting the measures of the Legislature to the actual crisis. Although nothing forbids the general matter of these letters from being spoken of without reser\^e, yet as the publication of papers of this descrip- tion would restrain injuriously the freedom of our foreign correspondence, they are communicated so far confidentially and with a request that after being read to the satisfaction of both Houses they may be returned. TH: JEFFERSON. March i, 1808. To the Senate of the United States: In compliance with the resolution of the Senate of February 26, I now lay before them such memorials and petitions for the district of Detroit, and such other information as is in my possession, in relation to the con- duct of William Hull, governor of the Territory of Michigan, and Stanley Griswold, esq. , while acting as secretary of that Territory. TH: JEFFERSON. March 2, 1808. To the Seyiate of the United States: In compliance with the resolution of the Senate of November 30, 1807, I now transmit a report of the Secretary of State on the subject of im- pressments, as requested in that resolution. The great volume of the documents and the time necessary for the investigation will explain to the Senate the causes of the delay which has intervened. TH: JEFFERSON. March 7, 1808. To the Senate and House of Representatives of the United States: In the city of New Orleans and adjacent to it are sundr)'' parcels of ground, some of them with buildings and other improvements on them, which it is my duty to present to the attention of the Legislature. The title to these grounds appears to have been retained in the former sov- ereigns pf the Province of Louisiana as public fiduciaries and for the purposes of the Province. Some of them were used for the residence of the governor, for public offices, hospitals, barracks, magazines, fortifica- tions, levees, etc. , others for the townhouse, schools, markets, landings, and other purposes of the city of New Orleans; some were held by reli- gious corporations or persons, others seem to have been reserv^ed for future disposition. To these must be added a parcel called the Batture, which Thomas Jefferson 43 1 requires more particular description. It is understood to have been a shoal or elevation of the bottom of the river adjacent to the bank of the suburbs of St, Mary, produced by the successive depositions of mud dur- ing the annual inundations of the river, and covered with water only during those inundations. At all other seasons it has been used by the city immemorially to furnish earth for raising their streets and court- yards, for mortar, and other necessary purposes, and as a landing or quay for unlading firewood, lumber, and other articles brought by water. This having been lately claimed by a private individtfal, the city opposed the claim on a supposed legal title in itself; but it has been adjudged that the legal title was not in the city. It is, however, alleged that that title, originally in the former sovereigns, was never parted with by them, but was retained in them for the uses of the city and Province, and con- sequently has now passed over to the United States. Until this question can be decided under legislative authority, measures have been taken according to law to prevent any change in the state of things and to keep the grounds clear of intruders. The settlement of this title, the appropriation of the grounds and improvements formerly occupied for provincial purposes to the same or such other objects as may be better suited to present circumstances, the confirmation of the uses in other parcels to such bodies, corporate or private, as may of right or on other reasonable considerations expect them, are matters now submitted to the determination of the I^egislature. The papers and plans now transmitted will give them such information on the subject as I possess, and being mostly originals, I must request that they may be communicated from the one to the other House, to answer the purposes of botli, TH: JEFFERSON. March 10, 1808. To the Senate of the United States: A purchase having lately been made from the Cherokee Indians of a tract of land 6 miles square at the mouth of the Chickamogga, on the Tennessee, I now lay the treaty and papers relating to it before the Sen- ate, with an explanation of the views which have led to it. it was represented that there was within that tract a great abundance of iron ore of excellent quality, with a stream and fall of water suitable for iron works; that the Cherokees were anxious to have works estab- lished there, in the hope of having a better supply of those implements of household and agriculture of which they have learned the use and neces- sity, but on the condition that they should be under the authority and control of the United States. As such an establishment would occasion a considerable and certain demand for corn and other provisions and necessaries, it seemed probable ^ ^- Mcssa^^es and Papers of the Presidents that it would immediately draw around it a close settlement of the Cher- okccs, wouUl encourage them to enter on a rep^ular life of aj^riculture, familiarize them with the j^ractice and value of the arts, attach them to proj->erty, lead them of necessity aiul without delay to the establishment of laws and govenunent, and thus make a great and important advance toward assimilating their condition to ours. At the same time it offers considerable accommodation to the Government by enabling it to obtain more conveniently than it now can the necessary supplies of cast and v.-rought iron for all the Indians south of the Tennessee, and for those also io whom St. Louis is a convenient deposit, and will benefit such of our own citizens likewise as shall be within its reach. Under these views the purchase has been made, with the consent and desire of the great body of the nation, although not without some dissenting members, as must be tlie case will all collections of men. But it is represented that the dissentients are few, and under the influence of one or two interested individuals. It is by no means proposed that these works should be. conducted on account of the United States. It is understood that there are private individuals ready to erect them, subject to such reasonable rent as may secure a reimbursement to the United States, and to such other conditions as shall secure to the Indians their rights and tran- quillity. The instrument is now submitted to the Senate, with a request of their advice aud conseut as to its ratification. TH: JEFFERSON. March 17, 1808. To the Senate and House of Representatives of the United States: I have heretofore communicated to Congress the decrees of the Gov- ernment of France of November 21, 1806, and of Spain of February 19, 1807, with the orders of the British Government of January and Novem- ber, 1S07. I now transmit a decree of the Emperor of France of December 17, 1807, and a similar decree of the 3d of January last by His Catholic Majesty. Although the decree of France has not been received by ofiicial com- munication, yet the different channels of promulgation through which the public are possessed of it, with the formal testimony furnished by the Government of Spain in their decree, leave us without a doubt that such a one has been issued. These decrees and orders, taken together, want little of amounting to a declaration that every neutral vessel found on the high seas, whatsoever be her cargo and whatsoever foreign port be that of her departure or destination, shall be deemed lawful prize ; and they prove more and more the expediency of retaining our vessels, our seamen, and property within our own harbors until the dangers to which they are exposed can be removed or lessened. TH: JEFFERSON. Thomas Jefferson 433 March i8, 1808. To the Senate and House of Representatives of the United States: The scale on which the Military Academy at West Point was originally established is become too limited to furnish the number of well-instructed subjects in the different branches of artillery and engineering which the public service calls for. The want of such characters is already sensibly felt, and will be increased with the enlargement of our plans of military preparation. The chief engineer, having been instructed to consider the subject and to propose an augmentation which might render the estab- lishment commensurate with the present circumstances of our country, has made the report which I now transmit for the consideration of Con- gress. The idea suggested by him of removing the institution to this place is also worthy of attention. Besides the advantage of placing it under the immediate eye of the Government, it may render its benefits common to the Naval Department, and will furnish opportunities of selecting on better information the characters most qualified to fulfill the duties which the public service may call for. TH: JEFFERSON. March 22, 1808. To the Senate and House of Representatives of the United States: At the opening of the present session I informed the Legislature thst the measures which had been taken with the Government of Great Britain for the settlement of our neutral and national rights and of the conditions of commercial intercourse with that nation had resulted in articles of a treaty which could not be acceded to on our part; that instructions had been consequently sent to our ministers there to resume the negotiations, and to endeavor to obtain certain alterations, and that this was interrupted by the transaction which took place between the frigates Leopard and Chesapeake. The call on that Government for rep- aration of this wrong produced, as Congress has been already informed, the mission of a special minister to this country, and the occasion is now arrived when the public interest permits and requires that the whole of these proceedings should be made known to you. I therefore now communicate the instructions given to our minister resident at Ivondon and his communications with that Government on the subject of the Chesapeake, with the correspondence which has taken place here between the Secretary of State and Mr. Rose, the special minister charged with the adjustment of that difference; the instructions to our ministers for the formation of a treaty; their correspondence with the British commissioners and with their own Government on that subject; the treaty itself and written declaration of the British commissioners accompanying it, and the instructions given by us for resuming the 434 Messages and Papers of the Presidents negotiation, with the proceedings and correspondence subsequent theieto. To these I have added a letter latc-ly addressed to the Secretary' of State fniui one of our late ministers, which, though not strictly written in an official character, I think it my duty to communicate, in order that his \'iews of the proposed treaty and of its several articles may be fairly pre- sented and understood. Although I ha\'e heretofore and from time to time made such communi- cations to Congress as to keep them possessed of a general and just view of the proceedings and dispositions of the Government of France toward this coimtr>-, 3'et in our present critical situation, when we find that no conduct on our part, however impartial and friendly, has been suffi- cient to insure from either belligerent a just respect for our rights, I am desirous that nothing shall be omitted on my part which may add to your information on this subject or contribute to the correctness of the views which should be formed. The papers which for these reasons I now lay before you embrace all the communications, official or verbal, from the French Go\'emment respecting the general relations between the two countries which have been transmitted through our minister there, or through anj' other accredited channel, since the last session of Congress, to which time all information of the same kind had from time to time been given them. Some of these papers have already been submitted to Congress, but it is thought better to offer them again in order that the chain of communications of which they make a part may be presented unbroken. When, on the 26th of February, I conununicated to both Houses the letter of General Armstrong to M. Champagny, I desired it might not be published because of the tendency of that practice to restrain injuriously the freedom of our foreign correspondence. But perceiving that this cau- tion, proceeding purelj'' from a regard to the public good, has furnished occasion for disseminating unfounded suspicions and insinuations, I am induced to believe that the good which will now result from its publica- tion, by confirming the confidence and union of our fellow-citizens, will more than countervail the ordinary objection to such publications. It is my wish, therefore, that it may be now published. TH: JEFFERSON. March 22, 1808. To the Senate and House of Represe^itatives of the United States : In a separate message of this date I have communicated to Congress so much as may be made public of papers which give a full view of the present state of our relations with the two contending powers, France and England. Everyone must be sensible that in the details of instruc- tions for negotiating a treaty and in the correspondence and conferences respecting it matters will occur which interest sometimes and sometimes T/ioinas Jefferson 435 respect or other proper motives forbid to be made public. To recon- cile my duty in this particular with my desire of letting Congress know everything which can give them a full understanding of the subjects on which they are to act, I have suppressed in the documents of the other message the parts which ought not to be made public and have given them in the supplementary and confidential papers herewith inclosed, with such references as that they may be read in their original places as if still standing in them; and when these confidential papers shall have been read to the satisfaction of the House, I request their return, and that their contents may not be made public. TH: JEFFERSON. March 25, 1808. To the Seyiate and House of Representatives of the United States: tn proceeding to carry into execution the act for fortifying our forts and harbors it is found that the sites most advantageous for their defense, and sometimes the only sites competent to that defense, are in some cases the property of minors incapable of giving a valid consent to their aliena- tion; in others belong to persons who may refuse altogether to alienate, or demand a compensation far beyond the liberal justice allowable in such cases. From these causes the defense of our seaboard, so necessary to be pressed during the present season, will in various parts be defeated unless a remedy can be applied. With a view to this I submit the case to the consideration of Congress, who, estimating its importance and reviewing the powers vested in them by the Constitution, combined with the amendment providing that private property shall not be taken for pubhc use without just compensation, will decide on the course most proper to be pursued. I am aware that as the consent of the legislature of the State to the purchase of the 'site may not in some instances have been previously obtained, exclusive legislation can not be exercised therein by Congress until that consent is given. But in the meantime it will be held under the same laws which protect the property of individuals and other prop- erty of the United States in the same State, and the legislatures at their next meetings will have opportunities of doing what will be so evidently called for by the particular interest of their own State. TH: JEFFERSON. March 25, 1808. To the Senate and House of Representatives of the United States: I now lay before Congress a statement of the militia of the United States according to the latest returns received by the Department of War. From the State of Delaware alone no return has been made. TH: JEFFERSON. .\js(^ Messages and Papers of the Presidents March 25, 1808. To the Senate and Hojtse 0/ Representatives of the United States: I transmit to both Houses of Congress a report from the surveyor o^ the pubHc buildings of the progress made on them during the last session, of their present state, and of that of the funds appropriated to them. These have been much exceeded by the cost of the work done, a fact not known to me till the close of the season. The circumstances from which it arose are stated iu the report of the surveyor. TH: JEFFERSON. March 29, 1808. To the Senate oj the United States: When the convention of the 7th of January, 1806, was entered into with the Chcrokecs for the purchase of certain lands, it was believed by both parties that the eastern limit, w^hen rim in the direction therein prescribed, would have included all the waters of Elk River. On pro- ceeding to ruu that line, however, it was found to omit a considerable extent of those waters, on which were already settled about 200 families. The Cherokees readily consented, for a moderate compensation, that the line should be so run as to include all the waters of that river. Our com- missioners accordingly entered into an explanatory convention for that purpose, which I now lay before the Senate for consideration whether they will advise and consent to its ratification. A letter from one of the commissioners, now also inclosed, will more fully explain the circum- stances which led to it. Lieutenant Pike on his journey up the Mississippi in 1805-6, being at the \411age of the Sioux, between the rivers St. Croix and St. Peters, conceived that the position was favorable for a military' and commercial posi for the United States whenever it should be thought expedient to advance in that quarter. He therefore proposed to the chiefs a cession of lands for that purpose. Their desire of entering into connection with the United States and of getting a trading house established there induced a ready consent to the proposition, and they made, by articles of agree- ment now inclosed, a voluntary donation to the United States of two portions of land, the one of 9 miles square at the mouth of the St. Croix, the other from below the mouth of St. Peters up the Mississippi to St. Anthonys Falls, extending 9 miles in wddth on each side of the Mississippi. These portions of land are designated on the map now inclosed. Lieutenant Pike on his part made presents to the Indians to some amount. This convention, though dated the 23d of September, 1805, is but lately received, and although we have no immediate view of estabHshing a trading post at that place, I submit it to the Senate for the sanction of their advice and consent to its ratification, in order to give to our title a full validity on the part of the United States, when Thomas Jefferson 437 ever it may be wanting, for the special purpose which constituted in the mind of the donors the sole consideration and inducement to the cession. TH: JEFFERSON. March 30, 1808. To the Senate and House of Representatives of the Ujiited States: Since my message of the 2 2d instant letters have been received from our ministers at Paris and I^ondon, extracts from which, with a letter to General Armstrong from the French minister of foreign relations, and a letter from the British envoy residing here to the Secretary of State, I now communicate to Congress. They add to the materials for estimat- ing the dispositions of those Governments toward this country. The proceedings of both indicate designs of drawing us, if possible, into the vortex of their contests; but every new information confirms the prudence of guarding against these designs as it does of adhering to the precautionary system hitherto contemplated. TH: JEFFERSON. April 2, 1808. To the Senate and House of Representatives of the United States: Believing that the confidence and union of our fellow-citizens at the present crisis will be still further confirmed by the publication of the letter of Mr. Champagny to General Armstrong and that of Mr. Erskine to the Secretary of State, communicated with my message of the 30th ultimo, and therefore that it may be useful to except them from the con- fidential character of the other documents accompanying that message, I leave to the consideration of Congress the expediency of making them public, TH: JEFFERSON. Aprii, 8, 1808. To the Senate of the United States.' Agreeably to the request of the Senate in their resolution of yester- day, I have examined my papers and find no letter from Matthew Ninnno of the date of November 28, 1806, nor any other from him of any date but that of January 23, 1807, now transmitted, with all the papers in my possession which accompanied it. Nor do I find any letter from John Smith, of Ohio, bearing date at any time in the month of January, 1807. Having delivered to the Attorney-General all the papers respecting the conspiracy of Aaron Burr which came to my hands during or before his prosecution, I might suppose the letters above requested had been 43^ Messages and Papers of the Presidents delivered to him; but I must add my belief that I never received such letters, and the ground of it. I am in the habit of noting daily in the list kept for that puq-)ose the letters I receive daily by the names of the writers, and dates of time, and place, and this has been done with such exactness that I do not recollect ever to have detected a single omission. I have carefully examined that list from the ist of November, 1806, to the last of June, 1807, and I find no note within that period of the receipt of any letter from Matthew Niumio but that now transmitted, nor of any one of the date of Januar>% 1807, from John Smith, of Ohio. The letters noted as received from him within that period are dated at Washington, February 2, 2, 7, and 21, which I have examined, and find relating to subjects entirely foreign to the objects of the resolution of the 7th instant; and others, dated at Cincinnati, March 27, April 6, 13, and 17, which, not being now in my possession, I presume have related to Burr's conspiracy, and have been delivered to the Attorney-General. I recollect nothing of their particular contents. I must repeat, therefore, my firm belief that the letters of Nimmo of November 28, 1806, and of John Smith of January, TS07, never came to my hands, and that if such were wTitten (and Nimmo' s letter expressly mentions his of November 28), they have been intercepted or otherwise miscarried. TH; JEFFERSON. April 22, 1808, Fo the Senate and House of Representatives of the United States: I transmit to both Houses of Congress a letter from the envoy of His Britannic Majesty at this place to the Secretary of State on the subject of certain British claims to lands in the Territory of Mississippi, relative to which several acts have been heretofore passed by the Legislature. TH: JEFFERSON. PROCLAMATION. By thk President of the United States of America, a proclamation. Whereas information has been received that sundry persons are com- bined or combining and confederating together on Lake Champlain and the country thereto adjacent for the purposes of forming insurrections against the authority of the laws of the United States, for opposing the same and obstructing their execution, and that such combinations are Thomas Jefferson 439 too powerful to be suppressed by the ordinary course of judicial proceed- ings or by the powers vested in the marshals by the laws of the United States: Now, therefore, to the end that the authority of the laws may be main- tained, and that those concerned, directly or indirectly, in any insurrec- tion or combination against the same may be duly warned, I have issued this my proclamation, hereby commanding such insurgents and all con- cerned in such combination instantly and without delay to disperse and retire peaceably to their respective abodes. And I do hereby further require and command all officers having authority, civil or military, and all other persons, civil or military, who shall be found within the vici- nage of such insurrections or combinations to be aiding and assisting by all the means in their power, by force of arms or otherwise, to quell and subdue such insurrections or combinations, to seize upon all those therein concerned who shall not instantly and without delay disperse and retire to their respective abodes, and to deliver them over to the civil authority of the place, to be proceeded against according to law. In testimony whereof I have caused the seal of the United States to be affixed to these presents, and signed the same with my hand. [seal.] Given at the city of Washington, the 19th day of April, 1808, and in the year of the Sovereignty and Independence of the United States the thirty-second, TH: JEFFERSON. By the President : James Madison, Secretary of State. EIGHTH ANNUAL MESSAGE. November 8, 1808. To the Senate and House of Representatives of the Ujiited States: It would have been a source, fellow-citizens, of much gratification it our last communications from Europe had enabled me to inform you that the belligerent nations, whose disregard of neutral rights has been so destructive to our commerce, had become awakened to the duty and true policy of revoking their unrighteous edicts. That no means might be omitted to produce this salutary effect, I lost no time in availing myself of the act authorizing a suspension, in whole or in part, of the sev- eral embargo laws. Our ministers at I,ondon and Paris were instructed to explain to the respective Governments there our disposition to exer- cise the authority in such manner as would withdraw the pretext oo M^^ Messages and Papers of the Presidents which the appressiotis were originally founded and open the way for a renewal of that commercial intercourse which it was alleged on all sides had been reluctantly obstructed. As each of those Governments had pledged its readiness to concur in renouncing a measure which reached its adversarj' through the incontestable rights of neutrals only, and as the measure had been assumed by each as a retaliation for an asserted acquiescence in the aggressions of the other, it was reasonably expected that the occasion would have been seized by both for evincing the sin- cerity of their professions, and for restoring to the commerce of the United States its legitimate freedom. The instructions to our ministers with respect to the different belligerents were necessarily modified with a reference to their different circumstances, and to the condition annexed by law to the Executive power of suspension, requiring a decree of security to our commerce which would not result from a repeal of the decrees of France. Instead of a pledge, therefore, of a suspension of the embargo as to her in case of such a repeal, it was presumed that a sufficient inducement might be found in other considerations, and par- ticularly in the change produced by a compliance with our just demands by one belligerent and a refusal by the other in the relations between the other and the United States. To Great Britain, whose power on the ocean is so ascendant, it was deemed not inconsistent with that condition to state explicitly that on her rescinding her orders in relation to the United States their trade would be opened v/ith her, and remain shut to her enemy in case of his failure to rescind his decrees also. From France no answer has been received, nor any indication that the requi- site change in her decrees is contemplated. The favorable reception of the proposition to Great Britain was the less to be doubted, as her orders of council had not only been referred for their vindication to an acqui- escence on the part of the United States no longer to be pretended, but as the arrangement proposed, whilst it resisted the illegal decrees of France, involved, moreover, substantially the precise advantages profess- edly aimed at by the British orders. The arrangement has nevertheless been rejected. This candid and liberal experiment having thus failed, and no other event having occurred on which a suspension of the embargo by the Executive was authorized, it necessarily remains in the extent originally given to it. We have the satisfaction, however, to reflect that in return for the privations imposed b}^ the measure, and which our fellow-citizens in general have borne with patriotism, it has had the important effects of saving our mariners and our vast mercantile property, as well as of affording time for prosecuting the defensive and provisional measure? called for by the occasion. It has demonstrated to foreign nations the moderation and firmness which govern our councils, and to our citizens the necessity of uniting in support of the laws and the rights of their country, and has thus long frustrated those usurpations and spoliations Thomas Jefferson 441 which, if resisted, involved war; if submitted to, sacrificed a vital prin- ciple of our national independence. Under a continuance of the belligerent measures which, in defiance of laws which consecrate the rights of neutrals, overspread the ocean with danger, it will rest with the wisdom of Congress to decide on the course best adapted to such a state of things; and bringing with them, as they do, from every part of the Union the sentiments of our constituents, my confidence is strengthened that in forming this decision they will, with an unerring regard to the essential rights and interests of the nation, weigh and compare the painful alternatives out of which a choice is to be made. Nor should I do justice to the virtues which on other occa- sions have marked the character of our fellow-citizens if I did not cherish an equal confidence that the alternative chosen, whatever it may be, will be maintained with all the fortitude and patriotism which the crisis ought to inspire. The documents containing the correspondences on the subject of the foreign edicts against our commerce, with the instructions given to our ministers at London and Paris, are now laid before you. The communications made to Congress at their last session explained the posture in which the close of the discussions relating to the attack by a British ship of war on the frigate Chesapeake left a subject on which the nation had manifested so honorable a sensibility. Every view of what had passed authorized a belief that immediate steps would be taken by the British Government for redressing a wrong which the more it was investigated appeared the more clearly to require what had not been provided for in the special mission. It is found that no steps have been taken for the purpose. On the contrary, it will be seen in the documents laid before you that the inadmissible preliminary which obstructed the adjustment is still adhered to, and, moreover, that it is now brought into connection with the distinct and irrelative case of the orders in council. The instructions which had been given to our minister at London with a view to facilitate, if necessary, the reparation claimed by the United States are included in the documents communicated. Our relations with the other powers of Europe have undergone no material changes since your last session. The important negotiations with Spain which had been alternately suspended and resumed neces- sarily experience a pause under the extraordinary and interesting crisis which distinguishes her internal situation. With the Barbary Powers we continue in harmony, with the exception of an unjustifiable proceeding of the Dey of Algiers toward our consul to that Regency. Its character and circumstances are now laid before you, and will enable you to decide how far it may, either now or hereafter, call for any measures not within the limits of the Executive authority. With our Indian neighbors the public peace has been steadily main- tained. Some instances of individual wrong have, as at other times, .}.j-' Messages and Papers of the Presidents taken place, but in no wise implicating the will of the nation. Beyond the Mississippi the loways, the Sacs, and the Alabanias have delivered np for trial and punishment individuals from among themselves accused of nuirdering citizens of the United States. On this side of the Mississippi the Creeks are exerting themselves to arrest offenders of the same kind, and the Choctaws have manifested their readiness and desire for amicable and just arrangements respecting depredations committed by disorderly persons of their tribe. And, generally, from a conviction that we con- sider them as a part of ourselves, and cherish with sincerity their rights and interests, the attachment of the Indian tribes is gaining strength daily — is extending from the nearer to the more remote, and will amply requite us for the justice and friendship practiced toward them. Hus- bandry and household manufacture are advancing among them more rap- idly with the Southern than Northern tribes, from circumstances of soil and climate, and one of the two great divisions of the Cherokee Nation have now under consideration to solicit the citizenship of the United States, and to be identified with us in laws aud government in such pro- gressive manner as we shall think best. In consequence of the appropriations of the last session of Congress for the security of our seaport towns and harbors, such works of defense have been erected as seemed to be called for by the situation of the sev- eral places, their relative importance, and the scale of expense indicated by the amount of the appropriation. These works wall chiefly be finished in the course of the present season, except at New York and New Or- leans, where most was to be done; and although a great proportion of the last appropriation has been expended on the former place, yet some fur- ther \-iews will be submitted to Congress for rendering its securitj^ entirely adequate against naval enterprise. A view of what has been done at the several places, and of what is proposed to be done, shall be communicated as soon as the several reports are received. Of the gunboats authorized by the act of December last, it has been thought necessary to build only 103 in the present year. These, wath those before possessed, are suflScient for the harbors and waters most exposed, and the residue will require little time for their construction when it shall be deemed necessar>^ Under the act of the last session for raising an additional mihtarj^ force so many ofl&cers were immediately appointed as were necessary for carry- ing on the business of recruiting, and in proportion as it advanced others have been added. We have reason to believe their success has been sat- isfactory, although such returns have not yet been received as enable me to present you a statement of the numbers engaged. I have not thought it necessary in the course of the last season to call for any general detachments of militia or of volunteers under the laws passed for that purpose. For the ensuing season, however, they will be required to be in readiness should their service be wanted, Some small Thomas Jefferson 443 and special detachments have been necessary to maintain the laws of embargo on that portion of our northern frontier which offered peculiar facilities for evasion, but these were replaced as soon as it could be done by bodies of new recruits. By the aid of these and of the armed vessels called into service in other quarters the spirit of disobedience and abuse, which manifested itself early and with sensible effect while we were unprepared to meet it, has been considerably repressed. Considering the extraordinary character of the times in which we live, our attention should unremittingly be fixed on the safety of our country. For a people who are free, and who mean to remain so, a well organized and armed militia is their best security. It is therefore incumbent on us at every meeting to revise the condition of the militia, and to ask ourselves if it is prepared to repel a powerful enemy at every point of our territories exposed to invasion. Some of the States have paid a laudable attention to this object, but every degree of neglect is to be found among others. Congress alone having the power to produce an uniform state of preparation in this great organ of defense, the interests which they so deeply feel in their own and their country's security will present this as among the most important objects of their deliberation. Under the acts of March 1 1 and April 23 respecting arms, the diffi- culty of procuring them from abroad during the present situation and dispositions of Europe induced us to direct our whole efforts to the means of internal supply. The public factories have therefore been enlarged, additional machineries erected, and, in proportion as artificers can be found or formed, their effect, already more than doubled, may be in- creased so as to keep pace with the yearly increase of the militia. The annual sums appropriated by the latter act have been directed to the encouragement of private factories of arms, and contracts have been entered into with individual undertakers to nearly the amount of the first year's appropriation. The suspension of our foreign commerce, produced by the injustice of the belligerent powers, and the consequent losses and sacrifices of our citizens are subjects of just concern. The situation into which we have thus been forced has impelled us to apply a portion of our industry and capital to internal manufactures and improvements. The extent of this conversion is daily increasing, and little doubt remains that the estab- lishments formed and forming will, under the auspices of cheaper mate- rials and subsistence, the freedom of labor from taxation with us, and of protecting duties and prohibitions, become permanent. The com- merce with the Indians, too, within our own boundaries is likely to receive abundant aliment from the same internal source, and will secure to them peace and the progress of civilization, undisturbed by practices hostile to both. The accounts of the receipts and expenditures during the year ending the 30th of September last being not yet made up, a correct statement 114 Messages and Papers of the Presidents will hereafter be transmitted from the Treasury. In the meantime it is ascertained that the receipts have amounted to near $18,000,000, which, with the ei,y:ht millions and a half in the Treasury at the begin- ning of the year, have enabled us, after meeting the current demands and interest incurred, to pay $2,300,000 of the principal of our funded debt, and left us in the Treasury on that day near $14,000,000. Of these, $5,350,000 will be necessary to pay what will be due on the ist day of January next, which will complete the reimbursement of the 8 per cent stock. These payments, with those made in the six years and a half preceding, will have extinguished $33,580,000 of the principal of the funded debt, being the whole which could be paid or purchased within the limits of the law and of our contracts, and the amount of principal thus discharged will have liberated the revenue from about $2,000,000 of interest and added that sum annually to the disposable surplus. The probable accumulation of the surpluses of revenue beyond what can be applied to the payment of the public debt whenever the freedom and safety of our commerce shall be restored merits the consideration of Con- gress. Shall it lie unproductive in the public vaults? Shall the reve- nue be reduced? Or shall it not rather be appropriated to the improve- ments of roads, canals, rivers, education, and other great foundations of prosperity and union under the powers which Congress may already pos- sess or such amendment of the Constitution as may be approved by the States? While uncertain of the course of things, the time may be advan- tageously employed in obtaining the powers necessary for a system of improvement, should that be thought best. Availing myself of this the last occasion which will occur of address- ing the two Houses of the Legislature at their meeting, I can not omit the expression of my sincere gratitude for the repeated proofs of confidence manifested to me by themselves and their predecessors since my call to the administration and the many indulgences experienced at their hands. The same grateful acknowledgments are due to my fellow-citizens gener- ally, whose support has been my great encouragement under all embar- rassments. In the transaction of their business I can not have escaped error. It is incident to our imperfect nature. But I may say with truth my errors have been of the understanding, not of intention, and that the advancement of their rights and interests has been the constant motive for every measure. On these considerations I solicit their indulgence. Looking forward with anxiety to their future destinies, I trust that in their steady character, unshaken by difficulties, in their love of liberty, obedience to law, and support of the public authorities I see a sure guar- anty of the permanence of our Republic ; and, retiring from the charge of their affairs, I carry with me the consolation of a firm persuasion that Heaven has in store for our beloved country long ages to come of pros- perity and happiness. TH: JEFFERSON. Thomas Jefferson 445 SPECIAL MESSAGES. November 8, 1808. To the Senate and House of Representatives of the United States: The documents communicated with my pubhc message of this day contain such portions of the correspondences therein referred to, of the ministers of the United States at Paris and London, as relate to the present state of affairs between those Governments and the United States, and as may be made pubhc. I now communicate, confidentially, such supplementary portions of the same correspondences as I deem improper for publication, yet necessary to convey to Congress full information on a subject of their deliberations so interesting to our country. TH: JEFFERSON. November ii, 1808. To the Senate of the United States: The governor of the Mississippi Territory having thought it expedient to dissolve the general assembly of that Territory, according to the authority vested in him by the ordinance of July 13, 1787, and having declared it dissolved accordingly, some doubt was suggested whether that declaration effected the dissolution of the legislative council. On mature consideration and advice I approved of the proceeding of the governor. The house of representatives of the Territory, since chosen, have conse- quently^ nominated ten persons out of whom a legislative council should be appointed. I do accordingly nominate and, by and with the advice and consent of the vSenate, shall appoint John Flood McGrew, Thomas Calvit, James Lea, Alexander Montgomery, and Daniel Burnet, being five of the said ten persons, to ser\^e as a legislative council for the said Ter- ritory, to continue in ofi&ce five years, unless sooner removed according to law. TH: JEFFERSON. December 13, 1808. To the Senate and House of Representatives of the Uftited States: I now transmit to both Houses of Congress a report of the commis- sioners appointed under the act of March 29, 1806, concerning a road from Cumberland to Ohio, being a statement of the proceedings under the said act since their last report communicated to Congress, in order that Congress may be enabled to adopt such further measures as may be proper under existing circumstances. TH: JEFFERSON. •\A^'> Messages and Papers of the Presidents Decembkr 23, 1808. To the Senate of the Unitea States: According to the request of the Senate in their resolution of Novem- ber 14, that copies should be laid before them of all the orders and decrees of the belligerent powers of Europe, passed since 1791, affecting the com- mercial rights of the United States, I now transmit them a report of the Secretary of State of such of them as have been attainable in the Depart- ment of State and are supposed to have entered into the views of the Senate. TH: JEFFERSON. December 27, 1808. To the Senate of the United States: According to the request expressed by the Senate in their resolution of November 14, I now transmit a report of the Secretary of the Treasury and statement showing, as far as returns have been received from the collectors, the number of vessels which have departed from the United States with permission, and specifying the other particulars contemplated by that resolution. TH: JEFFERSON. December 30, 1808. To the Senate and House of Representatives of the United States: At the request of the governor, the senate, and house of representa- tives of the Commonwealth of Pennsylvania, I communicate certain reso- lutions entered into by the said senate and house of representatives, and approved b}^ the governor, on the 23d instant. It can not but be encour- aging to those whom the nation has placed in the direction of their affairs to see that their fellow-citizens will press forward in support of their country in proportion as it is threatened by the disorganizing conflicts of the other hemisphere. TH: JEFFERSON. December 30, 1808. To the Senate and House of Representatives of the United States: I lay before the Legislature a letter from Governor Claiborne on the subject of a small tribe of Alabama Indians on the western side of the Mississippi, consisting of about a dozen families. Like other erratic tribes in that countr}-, it is understood that they have hitherto moved from place to place according to their convenience, without appropriat- ing to themselves exclusively any particular territory; but having now become habituated to some of the occupations of civilized life, they wish for a fixed residence. I suppose it will be the interest of the United States to encourage the wandering tribes of that country to reduce them- Thomas Jefferson 447 selves to fixed habitations whenever they are so disposed. The estab- lishment of towns and growing attachments to them will furnish in some degree pledges of their peaceable and friendly conduct. The case of this particular tribe is now submitted to the consideration of Congress. TH: JEFFKRSON. January 6, 1809. To the Senate and House of Representatives of the United States: I now lay before Congress a statement of the works of defense which it has been thought necessary to provide in the first instance for the secu- rity of our seaport towns and harbors, and of the progress toward their completion. Their extent has been adapted to the scale of the appropria- tion and to the circumstances of the several places. The works undertaken at New York are calculated to annoy and endanger any naval force which shall enter the harbor, and, still more, one which should attempt to lie before the city. To prevent altogether the entrance of large vessels, a line of blocks across the harbor has been contemplated, and would, as is believed, with the auxiliary means already provided, render that city safe against naval enterprise. The expense as well as the importance of the work renders it a subject proper for the special consideration of Congress. At New Orleans two separate systems of defense are necessary — the one for the river, the other for the lake, which at present can give no aid to one another. The canal now leading from the lake, if contmued into the river, would enable the armed vessels in both stations to unite, and to meet in conjunction an attack from either side. Half the aggregate force would then have the same effect as the whole, or the same force double the effect of what either can now have. It would also enable the vessels stationed in the lake when attacked by superior force to retire to a safer position in the river. The same considerations of expense and importance render this also a question for the special decision of Congress. TH: JEFFERSON. January 13, 1809. To the Senate a7id House of Representatives of the United States: I now render to Congress the account of the fund established for defray- ing the contingent expenses of Government for the year 1808. Of the $20,000 appropriated for that purpose, $2,000 were deposited in the hands of the Attorney-General of the United States to pay expenses incident to the prosecution of Aaron Burr and his accomplices for trea- son and misdemeanors alleged to have been committed by them; $990 were paid to the order of Governor Williams on the same account, and the balance of $17,010 remains in the Treasury unexpended. M p-voi. 1-16 I^H: JEFFERSON. 4-tS Messages and Papers of the Presidents January 17, 1809. To the Senate and House of Representatives of the United States: I conuiuinicate 10 Congress certain letters which passed between the British secretary of state, Mr. Canning, and Mr. Pinkney, our minister nlfiiiix)tentiary at London. When the documents concerning the rela- tions between the United States and Great Britain were laid before Con- gress at the commencement of the session, the answer of Mr. Pinknej to the letter of Mr. Canning had not been received, and a communication of the latter alone would have accorded neither with propriety nor with the wishes of Mr. Pinkney. When that answer afterwards arrived it was considered that, as what had passed by conversation had been super- seded by the written and formal correspondence on the subject, the variance in the two statements of what had verbally passed was not of sufficient importance to be made the matter of a distinct and special cxtnnnunication. The letter of Mr. Canning, however, having lately appeared in print, unaccompanied by that of Mr. Pinkney in reply, and having a tendency to make impressions not warranted by the statements of Mr. Pinkney, it has become proper that the whole should be brought into public view. TH: JEFFERSON. January 24, 1809. To the Senate of the United States: According to the resolution of the Senate of the 17th instant, I now transmit them the information therein requested, respecting the execution of the act of Congress of February 21, 1806, appropriating $2,000,000 for defraying any extraordinary expenses attending the intercourse between the United States and foreign nations. TH: JEFFERSON. January 30, 1809. To the Senate and House of Representatives of the United States: I transmit to Congress a letter recently received from our minister at the Court of St. James, covering one to him from the British secretary of state, with his reply. These are communicated as forming a sequel to the correspondence which accompanied my message to both Houses of the 17th instant. TH: JEFFERSON. February 18, 1809. To the Senate of the United States: I submit a treaty, concluded at Brownstown, in the Territory of Mich- igan, between the United States and the Chippewas, Ottawas, Potawat- tamies, Wyandots, and Shawnees, on the 25th day 01 November last. Thomas /(•(fcrwn 4^9 whereby those tribes grant to the United States two roads, therein de- scribed, for the decision of the Senate whether they will advise and con- sent to the ratification of it. TH: JEFFERSON. February 24, 1809. To the Senate of the United States: The Emperor of Russia has on several occasions indicated sentiments particularly friendly to the United States, and expressed a wish through different channels that a diplomatic intercourse should be established between the two countries. His high station and the relations of Rus- sia to the predominant powers of Europe must give him weight with them according to the vicissitudes of the war, and his influence in nego- tiations for peace may be of value to the United States should arrange- ments of any sort affecting them be contemplated by other powers in the present extraordinary state of the world; and under the constant possibility of sudden negotiations for peace I have thought that the friendly dispositions of such a power might be advantageously cherished by a mission which should manifest our willingness to meet his good will. I accordingly commissioned in the month of August last William vShort, formerly minister plenipotentiary of the United States at Madrid, to proceed as minister plenipotentiary to the Court of St. Petersburg, and he proceeded accordingly; and I now nominate him to the Senate for that appointment. TH: JEFFERSON. February 25, 1809. To the Senate and House 0/ Representatives of the United States: I now lay before Congress a statement of the militia of the United States according to the latest returns received by the Department of War. TH: JEFFERSON. PROCLAMATION. [From Annals of Congress, Tenth Congress, second session, 462.] Washington, December jo, 1808. The President of the United States to , Senator for the State of . Certain matters touching the public good requiring that the Senate should be convened on Saturday, the 4th day of March next, you are desired to attend at the Senate Chamber, in the city of Washington, on that day, then and there to deliberate on such communications as shall be made to you. TH: JEFFERSON. James Madison March 4, 1809, to March 4, 1817 ! i SEE VOLUME XI. 1 Volume eleven is not only an index to the other volumes, not only a key that ' unlocks the treasures of the entire publication, but it is in itself an alphabetically ' arranged brief history or story of the great controlling events constituting the His- ! tory of the United States. . , , . , , ' Under its proper alphabetical classification the story is told of every great sub- . iect referred to bv anv of the Presidents in their official Messages, and at the end of 1 each story the official utterances of the Presidents themselves are cited tipon the I subject, so that you may readily turn to the page in the body of the work itself tor ' this original information. u^^^ I Next to the possession of knowledge is the abihty to turn at will to where ; knowledge is to be found. MOaiQA teste ni Isnlgiio to ^qoo moit bsveieno lisitioq lsl3l¥fo lUiW JAMES MADISON with ofYlcial portrait engraved from copy of original in steel (!i,yOC4y^y^ ^^-CCd:o-<^^ c/H RIGHT 1909 BY BUREAU F NATIONAL LITERATURE AND ART James Madison James Madison was born in King George County, Va., on the i6th Df March, 175 1. He was the son of James Madison, the family being of Enghsh descent, and among the early settlers of Virginia. Was fitted for college by private tutors, and entered Princeton College in 1769, graduating in 1771; remained a year at college pursuing his studies. After this he returned to Virginia and began the practice of law. In 1776 was elected a member of the general assembly of Virginia, and in 1778 was appointed a member of the executive council. In the winter of 1779-80 was chosen a delegate to the Continental Congress, of which body he continued an active and prominent member till 1784. The . legislature of Virginia appointed him in 1786 a delegate to a conven- tion at Annapolis, Md. , to devise a system of commercial regulations for all the States. Upon their recommendation a convention of delegates from all the States was held in Philadelphia in May, 1787. This Con- vention framed the Constitution of the United States, and of it Mr. Madison was a leading member. He was next a member of the conven- tion of his State which met to consider the new Constitution for the United States. Was a member of the House of Representatives in the I First Congress, taking his seat in April, 1789, and continued to be a I member of the House during both of Washington's terms as President. 1 He married Mrs. Dolly Paine Todd, of Philadelphia, in 1794, she being I the widow of a Pennsylvania lawyer. Her father was a Quaker, and had : removed from Virginia to Philadelphia. Declined the ofl&ce of Secre- [ tary of State, vacated by Jefferson, in 1793. He retired from Congress I in 1797, and in 1798 accepted a seat in the Virginia assembly. In 1801 I was appointed by President Jefferson Secretary of State, which office I he held during the eight years of Jefferson's Administration. In 1808 was elected President, and was reelected in 18 12. On March 4, 18 17, he retired from public life, and passed the remainder of his days at Mont- pelier, in Orange County, Va. In 1829 was chosen a member of the State convention to revise the constitution of Virginia, and was also 1 chosen president of an agricultural society in his county. He died on I the 28th day of June, 1836, and was buried at his home. 1 450 45* J/tSS(i^ts and Papers of tJic Presidents LETTER FROM THE PRESIDENT ELECT. The President of the Senate communicated the following letter from the President elect of the United States : City of Washington, March 2, 1809. Hon. John Millkdge, President pro tempore of the Senate. Sir : I beg leave through you to inform the honorable the Senate of the United States that I propose to take the oath which the Constitution prescribes to the President of the United States before he enters on the execution of his office on Saturday, the 4th instant, at 12 o'clock, in the Chamber of the House of Representatives. I have the honor to be, with the greatest respect, sir, your most obe- dient and most humble servant, JAMES MADISON. FIRST INAUGURAL ADDRESS. Unwilling to depart from examples of the most revered authority, I avail myself of the occasion now presented to express the profound impression made on me b}' the call of my country to the station to the duties of which I am about to pledge myself by the most solemn of sanctions. So distinguished a mark of confidence, proceeding from the deliberate and tranquil suffrage of a free and \drtuous nation, w^ould under any circumstances have commanded my gratitude and devotion, as well as filled me with an awful sense of the trust to be assumed. Under the various circumstances which give peculiar solemnity to the existing period, I feel that both the honor and the responsibility allotted to me are inexpressibly enhanced. The present situation of the world is indeed without a parallel, and that of our own country full of difficulties. The pressure of these, too, is the more severely felt because they have fallen upon us at a moment when the national prosperitj^ being at a height not before attained, the contrast resulting from the change has been rendered the more striking. Under the benign influence of our republican institutions, and the main- tenance of peace with all nations w^hilst so many of them were engaged in bloody and wasteful wars, the fruits of a just policy were enjoyed in an unrivaled growth of our faculties and resources. Proofs of this were seen in the improvements of agriculture, in the successful enterprises of commerce, in the progress of manufactures and useful arts, in the in- crease of the public revenue and the use made of it in reducing the public James Madison 45 ^ debt, and in the valuable works and establishments everjrwhere multi- plying' over the face of our land. It is a precious reflection that the transition from this prosperous con- dition of our country to the scene which has for some time been distress- ing us is not chargeable on any unwarrantable views, nor, as I trust, on any involuntary errors in the public councils. Indulging no passions which trespass on the rights or the repose of other nations, it has been the true glory of the United States to cultivate peace by observing justice, and to entitle themselves to the respect of the nations at war by fulJfiUing their neutral obligations with the most scrupulous impartiality. If there be candor in the world, the truth of these assertions will not be ques- tioned; posterity at least will do justice to them. This unexceptionable course could not avail against the injustice and violence of the belligerent powers. In their rage against each other, or impelled by more direct motives, principles of retaliation have been intro- duced equally contrary to universal reason and acknowledged law. How long their arbitrary edicts will be continued in spite of the demon- strations that not even a pretext for them has been given by the United States, and of the fair and liberal attempt to induce a revocation of them, can not be anticipated. Assuring myself that under every vicissitude the determined spirit and united councils of the nation will be safeguards to its honor and its essential interests, I repair to the post assigned me with no other discouragement than what springs from my own inade- quacy to its high duties. If I do not sink under the weight of this deep conviction it is because I find some support in a consciousness of the purposes and a confidence in the principles which I bring with me into this arduous ser\dce. To cherish peace and friendly intercourse with all nations having cor- respondent dispositions; to maintain sincere neutrality toward belligerent nations; to prefer in all cases amicable discussion and reasonable accom- modation of differences to a decision of them by an appeal to arms; to exclude foreign intrigues and foreign partialities, so degrading to all countries and so baneful to free ones; to foster a spirit of independence too just to invade the rights of others, too proud to surrender our own, too liberal to indulge unworthy prejudices ourselves and too elevated not to look down upon them in others; to hold the union of the States as the basis of their peace and happiness; to support the Constitution, which is the cement of the Union, as well in its limitations as in its authorities; to respect the rights and authorities reserved to the States and to the people as equally incorporated with and essential to the success of the general system; to avoid the slightest interference with the rights of conscience or the functions of religion, so wisely exempted from civil jurisdiction; to preserx^e in their full energy the other salutary provisions in behalf of private and personal rights, and of the freedom of the press; to observe economy in public expenditures; to liberate the 453 Messages and Pa/>rrs of the Presidents jniblic resmirces by an honorable discharge of the public debts; to keep within ihorciiuisito Hniits a standin,<; military force, always remenibering that an arnicil and trained militia is the firmest bulwark of repubhcs — that without stamlinj; armies their liberty can never be in danger, nor with lar^e ones safe; to jnomote by authorized nieans improvements frieiuUv to agriculture, to mamifactures, and to external as well as inter- nal commerce; to favor in like manner the ad\ancement of science and the diffusion of information as the best aliment to true liberty; to carry on the l)enevolent plans which have been so meritoriously applied to the conversion of our aboriginal neighbors from the degradation and wretch- edness of salvage life to a participation of the improvements of which the human mind and manners are susceptible in a civilized state — as far as sentiments and intentions such as these can aid the fulfillment of my duty, they will be a resource wdiich can not fail me. It is my good fortune, moreover, to have the path in which I am to tread lighted by examples of illustrious services successfully rendered in the most tr_\ing difficulties by those who have marched before me. Of those of my immediate predecessor it might least become me here to speak. I may, however, be pardoned for not suppressing the sympathy with which my heart is full in the rich reward he enjoys in the benedic- tions of a beloved country, gratefully bestowed for exalted talents zeal- ously devoted through a long career to the advancement of its highest interest and happiness. But the source to which I look for the aids which alone can supply my deficiencies is in the well-tried intelligence and virtue of my fellow-citi- zens, and in the counsels of those representing them in the other depart- ments associated in the care of the national interests. In these my confidence will under every difl&culty be best placed, next to that which we have all been encouraged to feel in the guardianship and guidance of that Almighty Being whose powder regulates the destiny of nations, whose blessings have been so conspicuously dispensed to this rising Republic, and to whom we are bound to address our devout gratitude for the past, as well as our fervent supplications and best hopes for the future. March 4, 1809. SPECIAL SESSION MESSAGE. Fellow-Citizens of the Senate and of the House of Representatives: On this first occasion of meeting 3'ou it affords me much satisfaction to be able to communicate the commencement of a favorable change in our foreign relations, the critical state of which induced a session of Congress at this early period. In consequence of the provisions of the act interdicting commercial James Madison 454 intercourse with Great Britain and France, our ministers at London and Paris were without delay instructed to let it be understood by the French and British Governments that the authority vested in the Executive to renew commercial intercourse with their respective nations would be exercised in the case specified by that act. Soon after these instructions were dispatched it was found that the British Government, anticipating from early proceedings of Congress at their last session the state of our laws, which has had the effect of pla- cing the two belligerent powers on a footing of equal restrictions, and relying on the conciliatory disposition of the United States, had trans- mitted to their legation here provisional instructions not only to offer satisfaction for the attack ou the frigate Chesapeake, and to make known the determination of His Britannic Majesty to send an envoy extraordi- nary with powers to conclude a treaty on all the points between the two countries, but, moreover, to signify his willingness in the meantime to withdraw his orders in council, in the persuasion that the intercourse with Great Britain would be renewed on the part of the United States. These steps of the British Government led to the correspondence and the proclamation now laid before 3^ou, by virtue of which the commerce between the two countries will be renewable after the loth day of June next. Whilst I take pleasure in doing justice to the councils of His Britannic Majesty, which, no longer adhering to the policy which made an aban- donment by France of her decrees a prerequisite to a revocation of the British orders, have substituted the amicable course which has issued thus happil}', I can not do less than refer to the proposal heretofore made ot^ the part of the United States, embracing a like restoration of the sus* pended commerce, as a proof of the spirit of accommodation which has at no time been intermitted, and to the result which now calls for our con- gratulations, as corroborating the principles by which the public councils have been guided during a period of the most trying embarrassments. The discontinuance of the British orders as they respect the United States having been thus arranged, a communication of the event has been forwarded in one of our public vessels to our minister plenipotentiary at Paris, with instructions to avail himself of the important addition thereby made to the considerations which press on the justice of the French Gov- ernment a revocation of its decrees or such a modification of them as that they shall cease to violate the neutral commerce of the United States. The revision of our commercial laws proper to adapt them to the arrangement which has taken place wnth Great Britain will doubtless engage the early attention of Congress. It will be worthy at the same time of their just and provident care to make such further alterations in the laws as will more especially protect and foster the several branches of manufacture which have been recently instituted or extended by the laudable exertions of our citizens. .}55 Messages and Papers of the Presidents Under the existing aspect of our affairs I have thought it not incon- sistent with a just precaution to have the gunboats, with the exception of those at New Orleans, placed in a situation incurring no expense beyond that requisite for their presentation and conveniency for future ser\ncc, and to have the crews of those at New Orleans reduced to the number required for their navigation and safety. I have thought also that our citizens detached in quotas of militia amounting to 100,000 under the act of March, 1808, might not improp- erly be relieved from the state in which they were held for immediate ser\-ice. A discharge of them has been accordingly directed. The progress made in raising and organizing the additional military force, for which provision was made by the act of April, 1808, together with the disposition of the troops, will appear by a report which the Sec- retar>' of War is preparing, and which will be laid before you. Of the additional frigates required by an act of the last session to be fitted for actual ser\nce, two are in readiness, one nearly so, and the fourth is expected to be ready in the month of July. A report which the Secre- tary of the Navy is preparing on the subject, to be laid before Congress, will shew at the same time the progress made in officeriug and manning these ships. It will shew also the degree in which the provisions of the act relatm7 to the other pubHc armed ships have been carried into execution. It wall rest with the judgment of Congress to decide how far the change in our external prospects may authorize any modifications of the laws relating to the army and navy establishments. The works of defense for our seaport towns and harbors have pro- ceeded wnth as much activity as the season of the year and other cir- cumstances would admit. It is necessary, however, to state that, the appropriations hitherto made being found to be deficient, a further pro- vision will claim the early consideration of Congress. The whole of the 8 per cent stock remaining due by the United States, amounting to $5,300,000, had been reimbursed on the last day of the year 1808; and on the ist day of April last the sum in the Treasury' exceeded $9,500,000. This, together with the receipts of the current year on account of former revenue bonds, will probably be nearly if not altogether sufi&cient to defray the expenses of the year. But the suspen- sion of exports and the consequent decrease of importations during the last twelve months will necessarily cause a great diminution in the receipts of the year 18 10. After that year, should our foreign relations be undis- turbed, the revenue will again be more than commensurate to all the expenditures. Aware of the inconveniences of a protracted session at the present season of the 3'ear, I forbear to call the attention of the Legislature to any matters not particularly urgent. It remains, therefore, only to assure you of the fidelity and alacrity with which I shall cooperate for the wel- James Madison 456 fare and happiness of our country, and to pray that it may experience a continuance of the divine blessings by which it has been so signally favored. JAMES MADISON. May 23, 1809. SPECIAL MESSAGES. May 26, 1809. To the Senate of the United States: I now lay before Congress the report of the Secretary of War, shewing the progress made in carrying into effect the act of April, 1808, for rais- ing an additional military force, and the disposition of the troops. JAMES MADISON. June 4, 1809. To the Seriate of the United States: In compliance with the request of the legislature of Pennsylvania, I transmit to Congress a copy of certain of its proceedings, communicated for the purpose by the governor of that State. JAMES MADISON. Juim 15, 1809. To the Senate of the United States: In compliance with the resolution of the Senate of the 13th instant, I transmit extracts from letters from Mr. Pinkney to the Secretary of State, accompanied by letters and communications to him from the British secretary of state for the foreign department, all of which have been received here since the last session of Congress. To these documents are added a communication just made by Mr. Erskine to the Secretary of State, and his answer. JAMES MADISON. June 20, 1809. To the Senate of the United States: In compliance with the resolution of the Senate of the 19th instant, I transmit such information as has been received respecting exiles from Cuba arrived or expected within the United States; also a letter fron: General Turreau connected with that subject. JAMES MADISON. June 26, 1809. To the Senate of the United States: The considerations which led to the nomination of a minister plenipo- tentiary to Russia being strengthened bv evidence since received of the 4^7 Afr-ssnt^u's ntid Papers of the Presidents earnest ilesire of tlu- I'.mpcror tocstahlish a diplomatic intercourse between the two countries, and of a disposition in his councils favorable to the extension of a ci>ninierce nnitnally achantageous, as will be seen by the extracts from letters from Ccncial Armstrong and Consul Harris herewith aMifidentially conwnunicated, I nominate John Qnincy Adams, of Massa- chusetts, to l)e minister plenii)otentiary of the United States to the Court of St. Petersburg. JAMES MADISON. PROCLAMATIONS. [From Annals of Congress, Eleventh Congress, part 2, 2060.] By the President of the United States, a proclamation. WTiereas it is provided by the eleventh section of the act of Congress entitled "An act to interdict the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes, ' ' that ' ' in case either France or Great Britain shall so revoke or modify her edicts as that they shall cease to violate the neutral commerce of the United States ' ' the President is authorized to declare the same by proclamation, after which the trade suspended by the said act and by an act laying an embargo on all ships and vessels in the ports and harbors of the United States and the several acts supple- mentary thereto may be renewed with the nation so doing; and Whereas the Honorable David Montague Erskine, His Britannic Maj ■ esty's envoy extraordinary and minister plenipotendary, has, by the order and in the name of his Sovereign, declared to this Government that the British orders in council of January and November, 1807, will have been withdrawn as respects the United States on the loth day of June next: Now, therefore, I, James Madison, President of the United States, do hereby proclaim that the orders in council aforesaid will have been with- drawn on the said lotli day of June next, after which day the trade of the United States with Great Britain, as suspended by the act of Congress above mentioned and an act laying an embargo on all ships and vessels in the ports and harbors of the United States and the several acts supple- mentary thereto, may be renewed. Given under my hand and the seal of the United States at Washington, fsEAL 1 ^^^ ^^^^ ^^^ °^ April, A.D. 1809, and of the Independence of the United States the thirty-third. JAMES MADISON. By the President: R. Smith, Secretary of State. James Madison 45^ [From Annals of Congress, Eleventh Congress, part 2, 2076.] By the President op the United States of America. a proclamation. Whereas, in consequence of a communication from His Britannic Majesty's envoy extraordinary and minister plenipotentiary declaring that the British orders of council of January and November, 1807, would have been withdrawn on the loth day of June last, and by virtue of authority given in such event by the eleventh section of the act of Con- gress entitled ' 'An act to interdict the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes," I, James Madison, President of the United States, did issue my proclamation bearing date on the 19th of April last, declaring that the orders in council aforesaid would have been so with- drawn on the said loth day of June, after which the trade suspended by certain acts of Congress might be renewed; and Whereas it is now ofiicially made known to me that the said orders in council have not been withdrawn agreeably to the communication and declaration aforesaid: I do hereby proclaim the same, and, consequently, that the trade renew- able on the event of the said orders, being withdrawn, is to be considered as under the operation of the several acts by which such trade was sus- pended. Given under my hand and the seal of the United States at the city of P -1 Washington, the 9th day of August, A. D. 1809, and of the Independence of the said United States the thirty-fourth. JAMES MADISON. By the President: R. Smith, Secretary of State. FIRST ANNUAL MESSAGE. November 29, 1809. Fellow-Citizens of the Seriate a^id of the House of Representatives: At the period of our last meeting I had the satisfaction of communi- cating an adjustment with one of the principal belligerent nations, highly important in itself, and still more so as presaging a more extended accom- modation. It is with deep concern I am now to inform you that the favorable prospect has been overclouded by a refusal of the British Gov- ernment to abide by the act of its minister plenipotentiary, and by its 450 Af^ssnc^s attd Papers of the Presidents cnsuini; policy toward the I'liitod States as seen through the communi- catit>tis of the minister sent to rephice him. Whatever pleas ma>- be urged for a disavowal of engagements formed by diplomatic functionaries in cases where by the terms of the engage- ments a mutual ratification is resen-ed, or where notice at the time may have l^een given of a departure from instructions, or in extraordinary cases essentially violating the principles of equity, a disavowal could not \\z.v& Ixxrn apprehended in a case where no such notice or violation existed. where no such ratification was reserved, and more especially where, as i* now in proof, an engagement to be executed without any such ratification was contemplated by the instructions given, and where it had with good faith been carried into immediate execution on the part of the United States. These considerations not having restrained the British Government from disavowing the arrangement by virtue of which its orders in council were to be revoked, and the event authorizing the renewal of commercial inter- course having thus not taken place, it necessarily became a question of equal urgency and importance whether the act prohibiting that intercourse was not to be considered as remaining in legal force. This question being, after due deliberation, determined in the affirmative, a proclamation to that effect was issued. It could not but happen, however, that a return to this state of things from that which had followed an execution of the arrangement by the United States would involve difficulties. With a view to diminish these as much as possible, the instructions from the Secretary of the Treasury now laid before 3' ou were transmitted to the collectors of the several ports. If in permitting British vessels to depart without giv- ing bonds not to proceed to their own ports it should appear that the tenor of legal authority has not been strictly pursued, it is to be ascribed to the anxious desire which w^as felt that no individuals should be injured by so unforeseen an occurrence; and I rely on the regard of Congress for the equitable interests of our own citizens to adopt whatever further provisions may be found requisite for a general remission of penalties involuntarily incurred. The recall of the disavowed minister having been followed by the appointment of a successor, hopes were indulged that the new mission would contribute to allevdate the disappointment which bad been pro- duced, and to remove the causes which had so long embarrassed the good understanding of the two nations. It could not be doubted that it would at least be charged wdth conciliatory explanations of the step which had been taken and with proposals to be substituted for the rejected arrange- ment. Reasonable and universal as this expectation was, it also has not been fulfilled. From the first official disclosures of the new minister it was found that he had received no authority to enter into explanations relative to either branch of the aiirangement disavowed nor any authority to substitute proposals as to that branch which concerned the British James Madison 460 orders in council, and, finally, that his proposals with respect to the other branch, the attack on the frigate Chesapeake, were founded on a presump- tion repeatedly declared to be inadmissible by the United States, that the first step toward adjustment was due from them, the proposals at the same time omitting even a reference to the officer answerable for the murderous aggression, and asserting a claim not less contrary to the British laws and British practice than to the principles and obligations of the United States. The correspondence between the Department of State and this minister will show how unessentially the features presented in its commencement have been varied in its progress. It will show also that, forgetting the respect due to all governments, he did not refrain from imputations on this, which required that no further communications should be received from him. The necessity of this step will be made known to His Britan- nic Majesty through the minister plenipotentiary of the United States in I/Ondon; and it would indicate a want of the confidence due to a Gov- ernment which so well understands and exacts what becomes foreign ministers near it not to infer that the misconduct of its own representative will be viewed in the same light in which it has been regarded here. The British Government will learn at the same time that a ready attention will be given to communications through any channel which may be sub- stituted. It will be happy if the change in this respect should be accom- panied by a favorable revision of the unfriendly policy which has been so long pursued toward the United States. With France, the other belligerent, whose trespasses on our commercial rights have long been the subject of our just remonstrances, the posture of our relations does not correspond with the measures taken on the part of the United States to effect a favorable change. The result of the several communications made to her Government, in pursuance of the authorities vested by Congress in the Executive, is contained in the cor- respondence of our minister at Paris now laid before you. By some of the other belligerents, although professing just and amicable dispositions, injuries materially affecting our commerce have not been duly controlled or repressed. In these cases the interpositions deemed proper on our part have not been omitted. But it well deserves the con- sideration of the I/Cgislature how far both the safety and the honor of the American flag may be consulted, by adequate provisions against that collusive prostitution of it by individuals unworthy of the American name which has so much favored the real or pretended suspicions under which the honest commerce of their fellow-citizens has suffered. In relation to the powers on the coast of Barbary, nothing has occurred which is not of a nature rather to inspire confidence than distrust as to the continuance of the existing amity. With our Indian neighbors, the just and benevolent system continued toward them has also preserved peace, and is more and more advancing habits favorable to their civilization and happiness. .}6i Messages and Papers of the Presidents From a statement which will be made by the Secretary of War it will be seen that the fortifications on our maritime frontier are in many of the ports a^mpleted, afFordinj:: the defense which was contemplated, and that a further time will be required to render complete the works in the harbor of New York and in some other places. By the enlargement of the works and the employment of a ^[^reater number of hands at the public armories the supply of small arms of an improving quality appears to be annually increasing at a rate that, with those made on private contract, may be exjKHrted to go far toward providing for the public exigency. The act of Congress providing for the equipment of our vessels of war having been fully carried into execution, I refer to the statement of the Secretary of the Navy for the information which may be proper on that subject. To that statement is added a view of the transfers of appropria- tions authorized b}' the act of the session preceding the last and of the grounds on which the transfers were made. Whatever may be the course of j'our deliberations on the subject of our militar>' establishments, I should fail in my duty in not recommending to your serious attention the importance of giving to our militia, the great bulwark of our security and resource of our power, an organization the best adapted to eventual situations for which the United States ought to be prepared. The sums which had been previously accumulated in the Treasury, together with the receipts during the year ending on the 30th of Sep- tember last (and amounting to more than $9,000,000), have enabled us to fulfill all our engagements and to defray the current expenses of Gov- ernment without recurring to any loan. But the insecurity of our com- merce and the consequent diminution of the public revenue wall probably produce a deficiency in the receipts of the ensuing year, for which and for other details I refer to the statements which will be transmitted from the Treasury. In the state which has been presented of our affairs with the great parties to a disastrous and protracted war, carried on in a mode equally injurious and unjust to the United States as a neutral nation, the wisdom of the National Legislature will be again summoned to the important decision on the alternatives before them. That these will be met in a spirit worthy the councils of a nation conscious both of its rectitude and of its rights, and careful as well of its honor as of its peace, I have an entire confidence; and that the result will be stamped by a unanimity becoming the occasion, and be supported by every portion of our citizens with a patriotism enlightened and invigorated by experience, ought as little to be doubted. In the midst of the wrongs and vexations experienced from external causes there is much room for congratulation on the prosperity and hap- piness flowing from our situation at home. The blessing of health has never been more universal. The fruits of the seasons, though in par- { Fames Madison 462 ticiilir articles and districts short of their usual redundancy, are more than suflicient for our wants and our comforts. The face of our coun- try everywhere presents the evidence of laudable enterprise, of extensive capital, and of durable improvement. In a cultivation of the materials and the extension of useful manufactures, more especially in the general application to household fabrics, we behold a rapid diminution of our dependence on foreign supplies. Nor is it unworth}' of reflection that this revolution in our pursuits and habits is in no slight degree a conse- quence of those impolitic and arbitrary edicts by which the contending nations, in endeavoring each of them to obstruct our trade with the other, have so far abridged our means of procuring the productions and manufactures of which our own are now taking the place. Recollecting always that for every advantage which may contribute to distinguish our lot from that to which others are doomed by the unhappy spirit of the times we are indebted to that Divine Providence whose goodness has been so remarkably extended to this rising nation, it becomes us to cherish a devout gratitude, and to implore from the same omnipotent source a blessing on the consultations and measures about to be undertaken for the welfare of our beloved country. JAMES MADISON. SPECIAL MESSAGES. Decembe;r 12, 1809. To the House of Representatives of the United States: According to the request of the House of Representatives expressed in their resolution of the nth instant, I now laj^ before them a printed copy of a paper purporting to be a circular letter from Mr. Jackson to the British consuls in the United States, as received in a Gazette at the Department of State; and also a printed paper received in a letter from our minister in Loudon, purporting to be a copy of a dispatch from Mr. Canning to Mr. Krskine of the 23d of January last. JAMES MADISON. December 16, 1809. To the Senate of the United States: Agreeably to the request in the resolution of the 15th instant, I trans- mit a copy of the correspondence with the governor of Pennsylvania in the case of Gideon Olmstead. JAMES MADISON aC^^ Af^ssat^fs and Papirs of the Pnsiden/s Dkcember i6, 1809. To the //ouse- of Kcf>n-stnfativt's 0/ fhc United States: Agreeably to the request expressed in the resolution of the 13th instant, I lav before the House extracts from the correspondence of the minister plenipotentiary of the United States at London. JAMES MADISON. December 22, 1809. To the Senate of the United States: I lay before the Senate, for their consideration whether they will advise and consent to the ratification thereof, a treaty concluded on the 30th September last with the Delaware, Potawattamie, Miami, and Eel-river Miami Indian tribes northwest of the Ohio; a separate article of the same date, with the said tribes, and a convention with the Weea tribe, con- cluded on the 26th October last; the whole being accompanied with the explanatory documents. JAMES MADISON. January 3, 18 10. To the Senate and House of Representatives of the United States: The act authorizing a detachment of 100,000 men from the militia will expire on the 30th of March next. Its early revival is recommended, in order that timely steps may be taken for arrangements such as the act contemplated. Without interfering with the modifications rendered necessary by the defects or the inefl&cacy of the laws restrictive of commerce and naviga- tion, or with the policy of disallowing to foreign armed vessels the use of our waters, it falls within my duty to recommend also that, in addition to the precautionary measure authorized by that act and to the regular troops for completing the legal establishment of which enlistments are renewed, every necessary provision may be made for a volunteer force of 20,000 men, to be enlisted for a short period and held in a state of organi- zation and readiness for actual service at the shortest warning. I submit to the consideration of Congress, moreover, the expediency of such a classification and organization of the militia as will best insure prompt and successive aids from that source, adequate to emergencies which may call for them. It will rest with them also to determine how far further provision may be expedient for putting into actual service, if necessary, any part of the naval armament not now employed. At a period presenting features in the conduct of foreign powers toward the United States which impose on them the necessity of precautionary measures involving expense, it is a happy consideration that such is the James Madison 4^4 solid state of the public credit that reliance may be justly placed on any legal provision that may be made for resorting to it in a convenient form and to an adequate amount. JAMES MADISON. January 9, 18 10. To the Senate of the United States: I lay before the Senate, for their consideration whether they will advise and consent to the ratification thereof, a treaty concluded on the 9th day of December last with the Kickapoo tribe of Indians, accompanied by explanations in an extract of a letter from the governor of the Indiana Territory, JAMES MADISON. January 15, 1810. To the Senate of the United States: I lay before the Senate, for their consideration whether they will advise and consent to the ratification thereof, a treaty concluded with the Great and Little Osage Indians on the loth day of November, 1808, and the 31st day of August, 1809. JAMES MADISON. January 22, 18 10. To the Senate of the United States: I transmit to the Senate a report of the Secretary of the Treasury, complying with their resolution of the 27th of December, on the subject of disbursements in the intercourse with the Barbary Powers. JAMES MADISON. February 28, 18 10. To the Senate and House of Representatives of the United States: I now lay before you copies of the treaties concluded with the Dela- ware, Pottawatamie, Miami, Eel River, and Wea tribes of Indians for the extinguishment of their title to the lands therein described, and I recommend to the consideration of Congress the making provision by law for carrying them into execution. JAMES MADISON. March 15, 18 10. To the Senate and Hotise of Representatives of the U?iited States: A treaty having been entered into and duly ratified with the Kickapoo tribe of Indians for the extinguishment of their title to certain lands within the Indiana Territory, involving conditions which require legisla- tive provision, I submit copies thereof to both branches for consideration. JAMES MADISON. , Afrsuii^^rs (jf/i/ J'api'rs of ihc Prcsidoits March 27, 18 10. To the House of Representathrs of the United States: In conseour resolution of the 26th instant, an inquiry has Ikxmi uKide into the correspondence of our minister at the Court of Lon- don with the Department of vState, from which it appears that no ofTicial connnunication has been received from him since his receipt of the letter of November 23 last from the Secretary of State. A letter of January 4, iSio, has been received from that minister by Mr, Smith, but being statetl to be private and unofficial, and involving, moreover, personal con- siderations of a delicate nature, a copy is considered as not within the purview of the call of the House. JAMES MADISON. PROCLAMATIONS. By the President of the United States of America, a proclamation. Whereas the territory south of the Mississippi Territory and eastward of the river Mississippi, and extending to the river Perdido, of which pos- session was not deUvered to the United States in pursuance of the treaty concluded at Paris on the 30th April, 1803, has at all times, as is well known, been considered and claimed by them as being within the colony of Louisiana conveyed by the said treaty in the same extent that it had in the hands of Spain and that it had when France originally possessed it; and Whereas the acquiescence of the United States in the temporary con- tinuance of the said territory under the Spanish authority was not the result of any distrust of their title, as has been particularly evinced by the general tenor of their laws and by the distinction made in the appli- cation of those laws between that territory and foreign countries, but was occasioned by their conciliatory views and by a confidence in the justice of their cause and in the success of candid discussion and amica- ble negotiation with a just and friendly power; and Whereas a satisfactory adjustment, too long delayed, without the fault of the United States, has for some time been entirely suspended by events over which they had no control; and Whereas a crisis has at length arrived subversive of the order of things under the Spanish authorities, whereby a failure of the United States to take the said territory into its possession may lead to events ultimately contravening the views of both parties, whilst in the meantime the tran- quillity and security of our adjoining territories are endangered and new facilities given to violations of our revenue and commercial laws and 01 those prohibiting the introduction of slaves ; James Madison 466 Considering:, moreover, that under these peculiar and imperative cir- cumstances a forbearance on the part of the United States to occupy the territory in question, and thereby guard against the confusions and con- tingencies which threaten it, might be construed into a dereHction of their title or an insensibility to the importance of the stake; considering that in the hands of the United States it will not cease to be a subject of fair and friendly negotiation and adjustment; considering, finally, that the acts of Congress, though contemplating a present possession by a foreign authority, have contemplated also an eventual possession of the said territory by the United States, and are accordingly so framed as in that case to extend in their operation to the same: Now be it known that I, James Madison, President of the United States of America, in pursuance of these weighty and urgent considerations, have deemed it right and requisite that possession should be taken of the said territory in the name and behalf of the United States. William C. C. Claiborne, governor of the Orleans Territory, of which the said Territory is to be taken as part, will accordingly proceed to execute the same and to exercise over the said Territory the authorities and functions legally apper- taining to his office; and the good people inhabiting the same are invited and enjoined to pay due respect to him in that character, to be obedient to the laws, to maintain order, to cherish harmony, and in every manner to conduct themselves as peaceable citizens, under full assurance that they will be protected in the enjoyment of their liberty, property, and religion. In testimony whereof I have caused the seal of the United States to be hereunto affixed, and signed the same with my hand, j- -1 Done at the city of Washington, the 27th day of October, A. D. 18 10, and in the thirty-fifth year of the Independence of the said United States. JAMES MADISON. By the President: R. Smith, Secretary of State. [From Annals of Congress, Eleventh Congress, third session, 1248.] By the President of the United States of America. a proclamation. Whereas by the fourth section of the act of Congress passed on the ist day of May, 1810, entitled "An act concerning the commercial inter- course between the United States and Great Britain and France and their dependencies, and for other purposes," it is provided "that in case either Great Britain or France shall before the 3d day of March next so revoke or modify her edicts as that they shall cease to violate the neutral commerce of the United States, which fact the President of the United States shall declare by proclamation and if the other nation shall not ■\f*7 Messa^^es and Papers of the /Residents within three months thereafter so revoke or modify her edicts in like manner, then the third, fourth, fifth, sixth, seventh, ei^^hth, ninth, tenth, and ei>;hteenth sections of the act entitled 'An act to interdict the com- mercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes,' shall from and after the expiration of three months from the date of the proclamation aforesaid be revived and have full force and effect so far as relates to the dominions, colonies, and dependencies, and to the articles the growth, produce, or manufacture of the dominions, colonies, and dependencies, of the nation thus refusing or neglecting to revoke or modify her edicts in the manner aforesaid. And the restrictions imposed by this act shall, from the date of such proclamation cease and be discontinued in relation to the nation revoking or modifying her decrees in the manner aforesaid;" and Whereas it has been ofl&cially made known to this Government that the edicts of France violating the neutral commerce of the United States have been so revoked as to cease to have effect on the ist of the present month: Now, therefore, I, James Madison, President of the United States, do hereby proclaim that the said edicts of France have been so revoked as that they ceased on the said ist day of the present month to violate the neutral commerce of the United States, and that from the date of these presents all the restrictions imposed by the aforesaid act shall cease and be discontinued in relation to France and their dependencies. In testimony whereof I have caused the seal of the United States to be hereunto aflSxed, and signed the same with my hand, at the [seal.] city of Washington, this 2d day of November, A. D. 1810, and of the Independence of the United States the thirty-fifth. JAMES MADISON. By the President: R. Smith, Secretary of State. SECOND ANNUAL MESSAGE. Washington, Decejnber 5, 1810. Fellow- Citizens of the Senate and of the House of Represeyitatives: The embarrassments which have prevailed in our foreign relations, and so much employed the deliberations of Congress, make it a primary duty in meeting you to communicate whatever may have occurred in that branch of our national affairs. The act of the last session of Congress concerning the commercial in- tercourse between the United States and Great Britain and France and their dependencies having invited ia a new form a termination of their James Madison ^68 edicts against our neutral commerce, copies of the act were immediately forwarded to our ministers at London and Paris, with a view that its object might be within the early attention of the French and British Gov- ernments. By the communication received through our minister at Paris it ap- peared that a knowledge of the act by the French Government was fol- lowed by a declaration that the Berlin and Milan decrees were revoked, and would cease to have effect on the ist day of November ensuing. These being the only known edicts of France within the description of the act, and the revocation of them being such that they ceased at that date to violate our neutral commerce, the fact, as prescribed by law, was announced by a proclamation bearing date the 2d day of November. It would have well accorded with the conciliatory views indicated by this proceeding on the part of France to have extended them to all the grounds of just complaint which now remain unadjusted with the United States. It was particularly anticipated that, as a further evidence of just dispositions toward them, restoration would have been immediately made of the property of our citizens seized under a misapplication of the prin- ciple of reprisals combined with a misconstruction of a law of the United States. This expectation has not been fulfilled. From the British Government no communication on the subject of the act has been received. To a communication from our minister at Lon- don of a revocation by the French Government of its Berlin and Milan decrees it was answered that the British system would be relinquished as soon as the repeal of the French decrees should have actually taken effect and the commerce of neutral nations have been restored to the condition in which it stood previously to the promulgation of those decrees. This pledge, although it does not necessarily import, does not exclude the intention of relinquishing, along with the orders in council, the practice of those novel blockades which have a like effect of interrupting our neu- tral commerce, and this further justice to the United States is the rather to be looked for, inasmuch as the blockades in question, being not more contrar}^ to the established law of nations than inconsistent with the rules of blockade formally recognized by Great Britain herself, could have no alleged basis other than the plea of retaliation alleged as the basis of the orders in council. Under the modification of the original orders of No- vember, 1807, into the orders of April, 1809, there is, indeed, scarcely a nominal distinction between the orders and the blockades. One of those illegitimate blockades, bearing date in May, 1806, having been expressly avowed to be still unrescinded, and to be in effect comprehended in the orders in council, was too distinctly brought within the purview of the act of Congress not to be comprehended in the explanation of the requisites to a compliance with it. The British Government was accordingly ap- prised by our minister near it that such was the light in which the sub- ject was to be regarded. .|e relied on. In this new postnre of our relations with those powers the considera- •-ion of Congress will be properly turned to a removal of doubts which may occur in the exposition and of difl&culties in the execution of the act ilxn'e cited. The commerce of the United States with the north of Europe, here- tofore nuich \-exed by licentious cruisers, particularly under the Danish flag, has latterly been visited with fresh and extensive depredations. The measures pursued in behalf of our injured citizens not having obtained justice for them, a further and more formal interposition with the Danish Government is contemplated. The principles which have been main- tained by that Government in relation to neutral commerce, and the friendly professions of His Danish Majesty toward the United States, are valuable pledges in favor of a successful issue. Among the events growing out of the state of the Spanish Monarchy, our attention was imperiously attracted to the change developing itself in that portion of West Florida which, though of right appertaining to the United States, had remained in the possession of Spain awaiting the result of negotiations for its actual delivery to them. The Spanish authority was subverted and a situation produced exposing the country to ulterior events which might essentially aflFect the rights and welfare of the Union. In such a conjuncture I did not delay the interposition required for the occupancy of the territor}^ west of the river Perdido, to which the title of the United States extends, and to which the laws pro- vided for the Territory of Orleans are applicable. With this view, the proclamation of which a copy is laid before you was confided to the governor of that Territory to be carried into effect. The legality and necessity of the course pursued assure me of the favorable light in which it will present itself to the Legislature, and of the promptitude with which they will supply whatever provisions may be due to the essential rights and equitable interests of the people thus brought into the bosom of the American family. Our amity with the powers of Barbary, with the exception of a recent occurrence at Tunis, of which an explanation is just received, appears to have been uninterrupted and to have become more firmly established. With the Indian tribes also the peace and friendship of the United States are found to be so eligible that the general disposition to preserve both continues to gain strength. I feel particular satisfaction in remarking that an interior view of our country presents us with grateful proofs of its substantial and increasing prosperity. To a thriving agriculture and the improvements related to it is added a highly interesting extension of useful manufactures, the combined product of professional occupations and of household industry. James Madison 470 Such indeed is ot\vtvii the twi^ nations, the orders were, at a moment when least to have Ucn expected, put into more rigorous execution; and it was ci>nununicated through the British envoy just arrived that whilst the reviKation of the edicts of France, as officiall}' made known to the British Govcnunent, was denied to have taken place, it was an indispensable ci->ndition of Hie repeal of the British orders that commerce should be restored to a I'joting that would admit the productions and manufactures of Great Britain, when ow^ned by neutrals, into markets shut against them by her enemy, the United States being given to understand that in the meantime a continuance of their nonimportation act would lead to measures of retaliation. At a later date it has indeed appeared that a communication to the British Government of fresh evidence of the repeal of the French decrees against our neutral trade was followed by an intimation that it had been transmitted to the British plenipotentiary here in order that it might re- ceive full consideration in the depending discussions. This communica- tion appears not to have been received; but the transmission of it hither, instead of founding on it an actual repeal of the orders or assurances that the repeal would ensue, will not permit us to rely on any effective change in the British cabinet. To be ready to meet wdth cordiality sat- isfactory proofs of such a change, and to proceed in the meantime in adapting our measures to the views which have been disclosed through that minister w411 best consult our w^hole duty. In the unfriendly spirit of those disclosures indemnity and redress for other wrongs have continued to be withheld, and our coasts and the mouths of our harbors have again witnessed scenes not less derogatory to the dearest of our national rights than vexatious to the regular course of our trade. Among the occurrences produced by the conduct of Bncish ships of war hovering on our coasts was an encounter between one of them and the American frigate commanded by Captain Rodgers, rendered unavoid- able on the part of the latter bj' a fire commenced without cause by the former, whose commander is therefore alone chargeable with the blood Unfortunately shed in maintaining the honor of the American flag. The proceedings of a court of inquiry' requested by Captain Rodgers are com- municated, together with the correspondence relating to the occurrence, between the Secretary of State and His Britannic Majesty's envoy. To these are added the several correspondences which have passed on the subject of the British orders in council, and to both the correspondence relating to the Floridas, in which Congress will be made acquainted with the interposition which the Government of Great Britain has thought proper to make against the proceeding of the United States. The justice and fairness which have been evinced on the part of the TTnited States tow^ard France, both before and since the revocation of her «io-rees, authorized an expectation that her Government would have fol- James Madison 47^ jowed tip that measure by all such others as were due to our reasonable claims, as well as dictated by its amicable professions. No proof, how- ever, is yet given of an intention to repair the other wrongs done to the United States, and particularly to restore the great amount of American property seized and condemned under edicts which, though not affecting our neutral relations, and therefore not entering into questions between the United States and other belligerents, were nevertheless founded in such unjust principles that the reparation ought to have been prompt and ample. In addition to this and other demands of strict right on that nation, the United States have much reason to be dissatisfied with the rigorous and unexpected restrictions to which their trade with the French domin- ions has been subjected, and which, if not discontinued, will require at least corresponding restrictions on importations from France into the United States. On all those subjects our minister plenipotentiary latel}^ sent to Paris has carried with him the necessar}- instructions, the result of which will be communicated to you, and, by ascertaining the ulterior policy of the French Government toward the United States, will enable you to adapt to it that of the United States toward France. Our other foreign relations remain without unfavorable changes. With Russia they are on the best footing of friendship. The ports of Sweden have afforded proofs of friendly dispositions toward our commerce in the councils of that nation also, and the information from our special min- ister to Denmark shews that the mission had been attended with valuable effects to our citizens, whose property had been so extensively violated and endangered by cruisers under the Danish flag. Under the ominous indications which commanded attention it became a duty to exert the means committed to the executive department in providing for the general security'. The works of defense on our mari- time frontier have accordingly been prosecuted with an activity leaving little to be added for the completion of the most important ones, and, as particularly suited for cooperation in emergencies, a portion of the gun- boats have in particular harbors been ordered into use. The ships of war before in commission, with the addition of a frigate, have been chiefly employed as a cruising guard to the rights of our coast, and such a dis- position has been made of our land forces as was thought to promise the services most appropriate and important. In this disposition is included a force consisting of regulars and militia, embodied in the Indiana Terri- tory and marched toward our northwestern frontier. This measure was made requisite b)^ several murders and depredations committed by Indians, but more especialh^ by the menacing preparations and aspect of a com- bination of them on the Wabash, under the influence and direction of a fanatic of the Shawanese tribe. With these exceptions the Indian tribes retain their peaceable dispositions toward us, and their usual pursuits. -}7y Messages and Papers of the Presidents I must now add that the period is arrived which claims from the leg' islativc j^iiardians of the national rights a system of more ample provi- sioTis for maintaining them. Notwithstanding the scrupulous justice, the protracted moderation, and the multiplied efforts on the part of the ITnited States to substitute for the accumulating dangers to the peace of the two countries all the mutual advantages of reestablished friendship and confidence, we have seen that the British cabinet perseveres not only in withholding a remedy for other wrongs, so long and so loudly calling for it, but in the execution, brought home to the threshold of our terri- tory', of measures which under existing circumstances have the character as well as the effect of war on our lawful commerce. With this evidence of hostile inflexibility in trampling on rights which uo independent nation can relinquish, Congress will feel the duty of put- ting the United States into an armor and an attitude demanded by the crisis, and corresponding with the national spirit and expectations. I recommend, accordingly, that adequate provision be made for filling the ranks and prolonging the enlistments of the regular troops; for an auxiliary force to be engaged for a more limited term; for the acceptance of volunteer corps, whose patriotic ardor may court a participation in urgent services; for detachments as they may be wanted of other por- tions of the militia, and for such a preparation of the great body as will proportion its usefulness to its intrinsic capacities. Nor can the occa- sion fail to remind j^ou of the importance of those military seminaries which in every event will form a valuable and frugal part of our military establishment. The manufacture of cannon and small arms has proceeded with due success, and the stock and resources of all the necessary munitions are adequate to emergencies. It will not be inexpedient, however, for Con- gress to authorize an enlargement of them. Your attention will of course be drawn to such provisions on the sub- ject of our naval force as may be required for the services to which it may be best adapted. I submit to Congress the seasonableness also of an authority to augment the stock of such materials as are imperishable m their nature, or may not at once be attainable. In contemplating the scenes which distinguish this momentous epoch, and estimating their claims to our attention, it is impossible to overlook those developing themselves among the great communities which occupy the southern portion of our own hemisphere and extend into our neigh- borhood. An enlarged philanthropy and an enlightened forecast concur in imposing on the national councils an obHgation to take a deep interest in their destinies, to cherish reciprocal sentiments of good will, to regard the progress of events, and not to be unprepared for whatever order of things may be ultimately estabhshed. Under another aspect of our situation the early attention of Congress will be due to the expediency of further guards against evasions and James Madison 480 infractions of our commercial law.s. The practice of smuggling, which is odious everywhere, and particularly criminal in free governments, where, the laws being made by all for the good of all, a fraud is com- mitted on every individual as well as on the state, attains its utmost guilt when it blends with a pursuit of ignominious gain a treacherous subserv- iency, in the transgressors, to a foreign policy adverse to that of their own country. It is then that the virtuous indignation of the public should be enabled to manifest itself through the regular animadversions of the most competent laws. To secure greater respect to our mercantile flag, and to the honest interests which it covers, it is expedient also that it be made punishable in our citizens to accept licenses from foreign governments for a trade unlawfully interdicted by them to other American citizens, or to trade under false colors or papers of any sort. A prohibition is equally called for against the acceptance by our citizens of special licenses to be used in a trade with the United States, and against the admission into particular ports of the United States of vessels from foreign countries authorized to trade with particular ports only. Although other subjects will press more immediately on your delib- erations, a portion of them can not but be well bestowed on the just and sound poHcy of securing to our manufactures the success they have attained, and are still attaining, in some degree, under the impulse of causes not permanent, and to our navigation, the fair extent of which is at present abridged by the unequal regulations of foreign governments. Besides the reasonableness of saving our manufactures from sacrifices which a change of circumstances might bring on them, the national inter- est requires that, with respect to such articles at least as belong to our defense and our primary wants, we should not be left in unnecessary dependence on external supplies. And whilst foreign governments adhere to the existing discriminations in their ports against our navigation, and an equality or lesser discrimination is enjoyed by their navigation in our ports, the effect can not be mistaken, because it has been seriously felt by our shipping interests; and in proportion as this takes place the advan- tages of an independent conveyance of our products to foreign markets and of a growing body of mariners trained by their occupations for the service of their country in times of danger must be diminished. The receipts into the Treasury during the year ending on the 30th of September last have exceeded $13,500,000, and have enabled us to defray the current expenses, including the interest on the public debt, and to reimburse more than $5,000,000 of the principal without recurring to the loan authorized by the act of the last session. The temporary loan obtained in the latter end of the year 18 10 has also been reimbursed, and is not included in that amount. The decrease of revenue arising from the situation of our commerce, and .|Si Mrssages and Papers of the Presidents the oxtraortlinarv expenses which have and may become necessary, must Iv taken into view in niakinp: connnensurate provisions for the ensuing vear; and I ret^onitnend to your consideration the propriety of insuring a sufhciency of annual reveinie at least to defray the ordinary expenses of Government, and to pay the interest on the public debt, including that on new loans which may be authorized. I can not close this communication without expressing my deep sense of the crisis in which you are assembled, my confidence in a wise and honorable result to your deliberations, and assurances of the faithful zeal with which my cooperating duties will be discharged, invoking at the same time the blessing of Heaven on our beloved country and on all the means that may be employed in vindicating its rights and advancing its welfare. JAMES MADISON. SPECIAL MESSAGES. Washington, November tj, i8ii. To the Senate and House of Representatives of the United States: I communicate to Congress copies of a correspondence between the envoy extraordinary and minister plenipotentiary of Great Britain and the Secretary of State relative to the aggression committed by a British ship of war on the United States frigate Chesapeake, by which it will bt seen that that subject of difference between the two countries is termi- nated by an ofEer of reparation, which has been acceded to. JAMES MADISON. Washington, December i8, 1811. To the Senate a7id House of Representatives of the United States: I lay before Congress two letters received from Governor Harrison, of the Indiana Territory, reporting the particulars and the issue of the expe- dition under his command, of which notice was taken in my communica- tion of November 5. While it is deeply lamented that so many valuable lives have been lost in the action which took place on the 7th ultimo. Congress will see with satisfaction the dauntless spirit and fortitude victoriously displayed by every description of the troops engaged, as well as the collected firmness which distinguished their commander on an occasion requiring the utmost exertions of valor and disciphne. It may reasonably be expected that the good effects of this critical defeat and dispersion of a combination of savages, which appears to have been spreading to a greater extent, wiU be experienced not only ia a ces- James Madison 482 nation of the murders and depredations committed on our frontier, but in the pievention of any hostile incursions otherwise to have been appre- hended. The famihes of those brave and patriotic citizens who have fallen in this severe conflict will doubtless engage the favorable attention of Con- ^^^^' JAMES MADISON. Washington, December 23, 181 1. To the Senate and House of Reprcseiitatives of the United States: I communicate to Congress copies of an act of the legislature of New York relating to a canal from the Great lyakes to Hudson River. In mak- ing the communication I consult the respect due to that State, in whose behalf the commissioners appointed by the act have placed it in my hands for the purpose. The utility of canal navigation is universally admitted. It is no less certain that scarcely any country offers more extensive opportunities for that branch of improvements than the United States, and none, perhaps, inducements equally persuasive to make the most of them. The particu- lar undertaking contemplated by the State of New York, which marks an honorable spirit of enterprise and comprises objects of national as well as more limited importance, will recall the attention of Congress to the signal advantages to be derived to the United States from a general system of internal communication and conveyance, and suggest to their consideration whatever steps may be proper on their part toward its introduction and accomplishment. As some of those advantages have an intimate connection with the arrangements and exertions for the gen- eral security, it is at a period calling for those that the merits of such a system will be seen in the strongest lights. JAMES MADISON. Washington, December .27, 1811. To the Senate and House of Representatives of the United States: I lay before Congress copies of resolutions entered into by the legisla- ture of Pennsylvania, which have been transmitted to me with that view by the governor of that State, in pursuance of one of the said resolutions. JAMES MADISON. Washington, fanuary 75, 1812. To the Senate and House of Representatives of the United States: I transmit to Congress an account of the contingent expenses of the Government for the year 181 1, incurred on the occasion of taking pos- session of the territory Huiited eastwardly by the river Perdido, and amounting to $3,396. JAMES MADISON .|S3 A/i-ssaj^rs and Papers of tlic Presidents Washington, yaw wrtrj/ i6, 1812. To the Senate and Ifouse of Representatives of the United States: I coinnumicate to Congress a letter from the euvoy extraordinary and minister plenipotentiary of Great Britain to the Secretary of State, with the answer of the latter. The continued evidence afforded in this correspondence of the hostile policy of the British Government against our national rights strengthens the considerations recommending and urging the preparation of adequate means for maintaining them. JAMES MADISON. March 3, 1812. To the Senate and House of Represe?itatives of the United States: At the request of the convention assembled in the Territory of Orleans on the 22d day of November last, I transmit to Congress the proceedings of that body in pursuance of the act entitled ' ' An act to enable the people of the Territory of Orleans to form a constitution and State government, and for the admission of the said State into the Union on an equal foot- ing with the original States, and for other purposes. ' ' JAMES MADISON. March 9, 1812. To the Senate and House of Representatives of the United States: I lay before Congress copies of certain documents which remain in the Department of State. They prove that at a recent period, whilst the United States, notwithstanding the wrongs sustained by them, ceased not to observe the laws of peace and neutrality toward Great Britain, and in the midst of amicable professions and negotiations on the part of the British Government, through its public minister here, a secret agent of that Government was employed in certain States, more especially at the seat of government in Massachusetts, in fomenting disaffection to the constituted authorities of the nation, and in intrigues with the dis- aflFected, for the purpose of bringing about resistance to the laws, and eventually, in concert with a British force, of destroying the Union and forming the eastern part thereof into a political connection with Great Britain. In addition to the effect which the discovery of such a procedure ought to have on the public councils, it will not fail to render more dear to the hearts of all good citizens that happy union of these States which, under Divine Providence, is the guaranty of their liberties, their safety, their tranquillity, and their prosperity. JAMES MADISON. James Madison 4^4 April i, 1812. To the Senate and House of Representatives of the United States: Considering it as expedient, under existing circumstances and pros- pects, that a general embargo be laid on all vessels now in port, or here- after arriving, for the period of sixty days, I recommend the immediate passage of a law to that effect. JAMES MADISON. April 20, 18 12. To the Senate ayid House of Representatives of the United States: Among the incidents to the unexampled increase and expanding inter- ests of the American nation under the fostering influence of free consti- tutions and just laws has been a corresponding accumulation of duties in the several Departments of the Government, and this has been neces- sarily the greater in consequence of the peculiar state of our foreign rela- tions and the connection of these with our internal administration. The extensive and multiplied preparations into which the United States are at length driven for maintaining their violated rights have caused this augmentation of business to press on the Department of War particularly, with a weight disproportionate to the powers of any single oflScer, with no other aids than are authorized by existing laws. With a view to a more adequate arrangement for the essential objects of that Department, I recommend to the early consideration of Congress a provision for two subordinate appointments therein, with such compensations annexed as may be reasonably expected by citizens duly qualified for the important functions which may be properly assigned to them. JAMES MADISON. May 26, 1812. To the Senate and House of Representatives of the United States: I communicate to Congress, for their information, copies and extracts from the correspondence of the Secretary of State and the minister plen- ipotentiary of the United States at Paris. These documents will place before Congress the actual posture of our relations with France. JAMES MADISON. Washington, /z/w^ i, 1812. To the Senate and House of Representatives of the United States: I communicate to Congress certain documents, being a continuation of those heretofore laid before them on the subject of our affairs with Great Britain. Without going back beyond the renewal in 1803 of the war in which Great Britain is engaged, and omitting unrepaired wrongs of inferior .)S5 Mt'ssages and Papers of the Presidents uiagiiitmlc, the coiuhict of her Goveniment presents a series of acts hos- tile to the Unileil States as an independent and neutral nation. British cruisers have been in the continued practice of violating the Auieric.ui ^X'g on the great highway of nations, and of seizing and car- r>'ing off persons sailing under it, not in the exercise of a belligerent right foinided on the law of nations against an enemy, but of a municipal prerogative over British subjects. British jurisdiction is thus extended to neutral vessels in a situation where no laws can operate but the law of nations and the laws of the country to which the vessels belong, and a self-redress is assumed which, if British subjects were wrongfully detained and alone concerned, is that substitution of force for a resort to the responsible sovereign which falls within the definition of war. Could the seizure of British subjects in stich cases be regarded as within the exercise of a belhgerent right, the acknowledged laws of war, which for- bid an article of captured property to be adjudged without a regular inves- tigation before a competent tribunal, would imperiously demand the fair- est trial where the sacred rights of persons were at issue. In place of such a trial these rights are subjected to the will of every petty commander. The practice, hence, is so far from affecting British subjects alone that, under the pretext of searching for these, thousands of American citizens, under the safepiiard of public law and of their national flag, have been torn from their country and from everything dear to them; have been dragged on board ships of war of a foreign nation and exposed, under the severities of their discipline, to be exiled to the most distant and deadly climes, to risk their lives in the battles of their oppressors, and to be the melancholy instruments of taking away those of their own brethren. Against this crying enormitj^, which Great Britain would be so prompt to avenge if committed against herself, the United States have in vain exhausted remonstrances and expostulations, and that no proof might be wanting of their conciliatory dispositions, and no pretext left for a con- tinuance of the practice, the British Government was formally assured of the readiness of the United States to enter into arrangements such as could not be rejected if the recovery of British subjects were the real and the sole object. The communication passed without effect. British cruisers have been in the practice also of violating the rights and the peace of our coasts. They hover over and harass our entering and departing commerce. To the most insulting pretensions they have added the most lawless proceedings in our very harbors, and have wantonly spilt American blood within the sanctuary of our territorial jurisdiction. The principles and rules enforced by that nation, when a neutral nation, against armed vessels of belligerents hovering near her coasts and disturbing her commerce are well known. When called on, nevertheless, by the United States to punish the greater offenses committed by her own vessels, her Government has bestowed on their commanders additional marks of honor and confidence. James Madison 486 Unde pretended blockades, without the presence of an adequate force and sometimes without the practicabihty of applying one, our commerce has been plundered in every sea, the great staples of our country have been cut off from their legitimate markets, and a destructive blow aimed at our agricultural and maritime interests. In aggravation of these pred- atory measures they have been considered as in force from the dates of their notification, a retrospective effect being thus added, as has been done in other important cases, to the unlawfulness of the course pursued. And to render the outrage the more signal these mock blockades have been reiterated and enforced in the face of official communications from the British Government declaring as the true definition of a legal block- ade ' ' that particular ports must be actually invested and previous warn- ing given to vessels bound to them not to enter. ' ' Not content with these occasional expedients for laying waste our neu- tral traile, the cabinet of Britain resorted at length to the sweeping system of blockades, under the name of orders in council, which has been molded and managed as might best suit its political views, its commercial jeal- ousies, or the avidity of British cruisers. To our remonstrances against the complicated and transcendent injus- tice of this innovation the first reply was that the orders were reluctantly adopted by Great Britain as a necessary retaliation on decrees of her enemy proclaiming a general blockade of the British Isles at a time when the naval force of that enemy dared not issue from his own ports. She was reminded without effect that her own prior blockades, unsup- ported by an adequate naval force actually applied and continued, were a bar to this plea ; that executed edicts against millions of our property could not be retaliation on edicts confessedly impossible to be executed ; that retaliation, to be just, should fall on the party setting the guilty example, not on an innocent party which was not even chargeable with an acquiescence in it. When deprived of this flimsy veil for a prohibition of our trade with her enemy by the repeal of his prohibition of our trade with Great Britain, her cabinet, instead of a corresponding repeal or a practical dis- continuance of its orders, formally avowed a determination to persist in them against the United States until the markets of her enemy should be laid open to British products, thus asserting an obligation on a neutral power to require one belligerent to encourage by its internal regulations the trade of another belligerent, contradicting her own practice toward all nations, in peace as well as in war, and betraying the insincerity of those professions which inculcated a belief that, having resorted to her orders with regret, she was anxious to find an occasion for putting an end to them. Abandoning still more all respect for the neutral rights of the United States and for its own consistency, the British Government now demands as prerequisites to a repeal of its orders as they relate to the United States 1^7 Messages and Papers of the Presidents that a formality should be observed in the repeal of the French decrees nowise necessary to their termination nor exemplified by British nsage, and that the French repeal, besides including that portion of the decrees which operates within a territorial jurisdiction, as well as that which uj^erates on the high seas, against the commerce of the United States should not be a single and special repeal in relation to the United States, but should be extended to whatever other neutral nations unconnected with them may be affected by those decrees. And as an additional insult, they are called on for a formal disavowal of conditions and pre- tensions ad\Tinced by the French Government for which the United States are so far from having made themselves responsible that, in official explanations which have been published to the world, and in a corre- spondence of the American minister at London with the British minister for foreign affairs such a responsibility was explicitly and emphatically disclaimed. It has become, indeed, sufficiently certain that the commerce of the United States is to be sacrificed, not as interfering with the belligerent rights of Great Britain; not as supplying the wants of her enemies, which she herself supplies; but as interfering with the monopoly which she covets for her own commerce and navigation. She carries on a war against the lawful commerce of a friend that she may the better carr>' on a commerce with an enemy — a commerce polluted by the forgeries and perjuries which are for the most part the only passports by which it can succeed. Anxious to make every experiment short of the last resort of injured nations, the United States have withheld from Great Britain, under suc- cessive modifications, the benefits of a free intercourse with their market, the loss of which could not but outweigh the profits accruing from her restrictions of our commerce with other nations. And to entitle these experiments to the more favorable consideration they were so framed as to enable her to place her adversary under the exclusive operation of them. To these appeals her Government has been equally inflexible, as if willing to make sacrifices of every sort rather than yield to the claims of justice or renounce the errors of a false pride. Nay, so far were the attempts carried to overcome the attachment of the British cabinet to its unjust edicts that it received every encouragement within the compe- tency of the executive branch of our Government to expect that a repeal of them would be followed by a war between the United States and France, unless the French edicts should also be repealed. Even this communication, although silencing forever the plea of a disposition in the United States to acquiesce in those edicts originally the sole plea for them, received no attention. If no other proof existed of a predetermination of the British Govern- ment against a repeal of its orders, it might be found in the correspond- ence of the minister plenipotentiary of the United States at London and James Madison 488 the British secretary for foreign affairs in 1810, on the question whether the blockade of May, 1806, was considered as in force or as not in force. It had been ascertained that the French Government, which urged this blockade as the ground of its Berlin decree, was willing in the event of its removal to repeal that decree, which, being followed by alternate repeals of the other offensive edicts, might abolish the whole system on both sides. This inviting opportunity for accomplishing an object so important to the United States, and professed so often to be the desire of both the belligerents, was made known to the British Government. As that Government admits that an actual application of an adequate force is necessary to the existence of a legal blockade, and it was notori- ous that if such a force had ever been applied its long discontinuance had annulled the blockade in question, there could be no suiBcient objection on the part of Great Britain to a formal revocation of it, and no imagi- nable objection to a declaration of the fact that the blockade did not exist. The declaration would have been consistent with her avowed principles of blockade, and would have enabled the United States to demand from France the pledged repeal of her decrees, either with success, in which case the way would have been opened for a general repeal of the belliger- ent edicts, or without success, in which case the United States would have been justified in turning their measures exclusively against France. The British Government would, however, neither rescind the blockade nor de- clare its nonexistence, nor permit its nonexistence to be inferred and afl&rmed by the American plenipotentiary. On the contrary, by represent- ing the blockade to be comprehended in the orders in council, the United States were compelled so to regard it in their subsequent proceedings. There was a period when a favorable change in the policy of the British cabinet was justly considered as established. The minister plenipoten- tiary of His Britannic Majesty here proposed an adjustment of the dif- ferences more immediately endangering the harmony of the two countries. The proposition was accepted with the promptitude and cordiality corre- sponding with the invariable professions of this Government. A foun- dation appeared to be laid for a sincere and lasting reconciliation. The prospect, however, quickly vanished. The whole proceeding was dis- avowed by the British Government without any explanations which could at that time repress the belief that the disavowal proceeded from a spirit of hostility to the commercial rights and prosperity of the United States; and it has since come into proof that at the very moment when the public minister was holding the language of friendship and inspiring confidence in the sincerity of the negotiation with which he was charged a secret agent of his Government was employed in intrigues having for their object a subversion of our Government and a dismemberment of our happy union. In reviewing the conduct of Great Britain toward the United Statts our attention is necessarily drawn to the warfare just reneweci by th? |.^t; Messac^es arid Papers of the Presidents savages on one of our extensive frontiers — a warfare which is known to spare neither age nor sex and to he distinguished by features pecuUarly shocking to humanity. It is difficult to account for the activity and combinations which have for some time been developing themselve.s among tribes in constant intercourse with British traders and garrison^ without connecting their hostility with that influence and without recol lecting the authenticated examples of vSuch interpositions heretofore fur- nished by the officers and agents of that Government. Such is the spectacle of injuries and indignities which have been heaped on our country-, and such the crisis w^hich its unexampled for- bearance and conciliator}^ efforts have not been able to avert. It might at least have been expected that an enlightened nation, if less urged by moral obligations or invited by friendly dispositions on the part of the United States, would have found in its true interest alone a sufficient motive to respect their rights and their tranquillity on the high seas; that an enlarged policy vrould have favored that free and general circu- lation of commerce iu which the British nation is at all times interested, and which in times of war is the best alleviation of its calamities to her- self as well as to other belligerents; and more especially that the British cabinet would not, for the sake of a precarious and surreptitious inter- course with hostile markets, have persevered in a course of measures which necessarily put at hazard the invaluable market of a great and growing country , disposed to cultivate the mutual advantages of an active commerce. Other counsels have prevailed. Our moderation and conciliation have had no other effect than to encourage perseverance and to enlarge pre- tensions. We behold our seafaring citizens still the daily victims of lawless violence, committed on the great common and highway of nations, even within sight of the country which owes them protection. We be- hold our vessels, freighted with the products of our soil and industry, or returning with the honest proceeds of them, wrested from their lawful destinations, confiscated by prize courts no longer the organs of public law but the instruments of arbitrary edicts, and their unfortunate crews dispersed and lost, or forced or inveigled in British ports into British fleets, whilst arguments are employed in support of these aggressions which have no foundation but in a principle equally supporting a claim to regulate our external commerce in all cases whatsoever. We behold, in fine, on the side of Great Britain a state of war against the United States, and on the side of the United States a state of peace toward Great Britain. Whether the United States shall continue passive under these progres- sive usurpations and these accumulating wrongs, or, opposing force to force in defense of their national rights, shall commit a just cause into the hands of the Almighty Disposer of Events, avoiding all connections which might entangle it in the contest or views of other powers, and ©reserving a constant readiness to concur in an honorable reestablishment James Madison 490 of peace and friendship, is a solemn question which the Constitution wisely confides to the legislative department of the Government. In recommending it to their early deliberations I am happy in the assur- ance that the decision will be worthy the enlightened and patriotic coun- cils of a virtuous, a free, and a powerful nation. Having presented this view of the relations of the United States with Great Britain and of the solemn alternative growing out of them, I pro- ceed to remark that the communications last made to Congress on the subject of our relations with France will have shewn that since the revo- cation of her decrees, as they violated the neutral rights of the United States, her Government has authorized illegal captures by its privateers and public ships, and that other outrages have been practiced on our vessels and our citizens. It will have been seen also that no indemnity had been provided or satisfactorily pledged for the extensive spoliations committed under the violent and retrospective orders of the French Gov- ernment against the property of our citizens seized within the jurisdiction of France. I abstain at this time from recommending to the consider- ation of Congress definitive measures with respect to that nation, in the expectation that the result of unclosed discussions between our minister plenipotentiary at Paris and the French Government will speedily enable Congress to decide with greater advantage on the course due to the rights, the interests, and the honor of our country. JAMES MADISON. June 30, 1812. To the Senate and House of Representatives of the United States: With a view the better to adapt to the public service the volunteer force contemplated by the act passed on the 6th day of February, I recom- mend to the consideration of Congress the expediency of making the requisite provision for the officers thereof being commissioned by the authority of the United States. Considering the distribution of the military forces of the United States required by the circumstances of our country, I recommend also to the consideration of Congress the expediency of providing for the appoint- ment of an additional number of general officers, and of deputies in the Adjutant's, Quartermaster's, Inspector's, and Paymaster's departments of the Army, and for the employment in cases of emergency of additional engineers. JAMES MADISON. July i, 1812. To the House of Representatives of the United States: In compliance with the resolution of the House of Rex>resentatives of the 26th of June, I transmit the information contained in the documents herewith inclosed. JAMES MADISON. ^01 Messages and Papers of the Presidents From thi Secretary of State to General George Matthews and Colonel John MKee. Dp:partment of State, January 26, 1811. The President of the United States having appointed you jointly and severally connnissioners for carrying into effect certain provisions of an act of Congress (a copy of which is inclosed) relative to the portion of the Floridas situated to the east of the river Perdido, you will repair to that quarter with all possible expedition, concealing from general observation the trust committed to you with that discretion which the delicacy and importance of the undertaking require. Should vou find Governor Folk or the local authority existing there inclined to surrender in an amicable manner the possession of the remaining portion or portions of West Florida now held by him in the name of the Spanish Monarchy, you are to accept in behalf of the United States the abdication of his or of the other existing authority and the jurisdiction of the country over which it extends. And should a stipulation be insisted on for the redelivery of the country at a futiu-e period, you maj' engage for such redelivery to the lawful sovereign. The debts clearly due from the Spanish Government to the people of the Territory surrendered may, if insisted on, be assumed within reasonable limits and imder speci- fied descriptions to be settled hereafter as a claim against Spain in an adjustment of our affairs with her. You may also guarantee, in the name of the United States, the confirmation of all such titles to land as are clearly sanctioned by Spanish laws, and Spanish civil functionaries, where no special reasons may require changes, are to be permitted to remain in office with the assturance of a continuation of the prevailing laws, with such alterations only as may be necessarily required in the new situation of tlie countr\\ If it should be required and be found necessary', you may agree to advance, as above, a reasonable sum for the transportation of the Spanish troops. These directions are adapted to one of the contingencies specified in the act of Congress, namely, the amicable surrender of the possession of the Territory' by the local ruling authority. But should the arrangement contemplated by the statute not be made, and should there be room to entertain a suspicion of an existing design in any foreign power to occupy the country in question, you are to keep yom-selves on the alert, and on the first undoubted manifestation of the approach, of a force for that pm^ose you will exercise with promptness and vigor the powers with which you are invested by the President to preoccupy by force the Territory, to the entire exclusion of any armament that may be advancing to take the possession of it. In this event you will exercise a sound discretion in applying the powers given with respect to debts, titles to lands, civil officers, and the continuation of the Spanish laws, taking care to commit the Government on no point further than may be necessary-; and should any Spanish military force remain within the country after the occupancy by the troops of the United States, you may in such case aid in their removal from the same. The universal toleration which the laws of the United States assure to ever}- reli- gious persuasion will not escape you as an argument for quieting the minds of unin- formed individuals who may entertain fears on that head. The conduct you are to pm-sue in regard to Fast Florida must be regulated by the dictates of yotu- own judgments, on a close view and accurate knowledge of the precise state of things there, and of the real disposition of the Spanish Government always recurring to the present instruction as the paramount rule of your pro- ceedings. Should you discover an inclination in the governor of East Florida, or in the existing local authority, amicably to surrender that pro\-ince into the posses- sion of the United States, you are to accept it on the same terms that are prescribed by these instructions in relation to West Florida. And in case of the actual appear- James Madison 49^ ance of any attempt to take possession by a foreign power, you will pursue the same effective measures for the occupation of the Territory and for the exclusion of the foreign force as you are directed to pursue with respect to the country east of the Perdido, forming at this time the extent of Governor Folk's jurisdiction. If you should, under these instructions, obtain possession of Mobile, you will lose no time in informing Governor Claiborne thereof, with a request that he will with- out delay take the necessary steps for the occupation of the same. All ordnance and military stores that may be found in the Territory must be held as the property of the Spanish Government, to be accounted for hereafter to the proper authority, and you will not fail to transmit an inventory thereof to this De- partment. If in the execution of any part of these instructions you should need the aid of a military force, the same will be afforded you upon your application to the command- ing officer of the troops of the United States on that station, or to the commanding officer of the nearest post, in virtue of orders which have been issued from the War Department. And in case you should, moreover, need naval assistance, you will receive the same upon yoiur application to the naval commander in pursuance of orders from the Navy Department. From the Treasury Department will be issued the necessary instructions in rela- tion to imposts and duties, and to the slave ships whose arrival is apprehended. The President, relying upon your discretion, authorizes you to draw upon the collectors of Orleans and Savannah for such sums as may be necessary to defray unavoidable expenses that may be incurred in the execution of these instructions, not exceeding in your drafts on New Orleans f8,ooo and in your drafts on Savannah |;2,ooo, without further authority, of which expenses you will hereafter exhibit a detailed account duly supported by satisfactory vouchers. Postscript. — If Governor Folk should unexpectedly require and pertinaciously insist that the stipulation for the redelivery of the Territory should also include that portion of the country which is situated west of the river Perdido, you are, in yielding to such demand, only to use general words that may by implication com- prehend that portion of country; but at the same time you are expressly to provide that such stipulation shall not in any way impair or affect the right or title of the United States to the same. The Secretary of State to General Matthews. Department of State, April 4, 1812. General Matthews, etc. Sir: I have had the honor to receive your letter of the 14th of March, and have now to communicate to you the sentiments of the President on the very interesting subject to which it relates. I am sorry to have to state that the measures which you appear to have adopted for obtaining possession of Amelia Island and other parts of East Florida are not authorized by the law of the United States or the instructions founded on it under which you have acted. You were authorized by the law, a copy of which was communicated to you, and by your instructions, which are strictly conformable to it, to take possession of East Florida only in case one of the following contingencies should happen: Either that the governor or other existing local authority should be disposed to place it amicably in the hands of the United States, or that an attempt should be made to take posses- sion of it by a foreign power. Should the first contingency happen it would follow that the arrangement, being amicable, would require no force on the part of the United States to carry it into effect. It was only in case of an attempt to take it by a 493 Mt\^sai^es and Papers of the Presidents foreign power that force could be necessary, in which event onlj' were you author- ized to nvail j-ourself of it. In neitlicr of these contingencies was it the poUc)^ of the law or purpose of the Executive to wrest tlie Proviiice forcibly from Spain, but only to occupy it with a view to prevent its falling into the hands of any foreign power, and to hold that pledge midcr the existing peculiarity of the circumstances of the Spanish Monarchy for a just residt in an amicable negotiation with Spain. Had the United States been disposed to proceed otherwise, that intention would have been manifested by a change of the law and suitable measures to carry it into effect; and as it was in their power to take possession whenever they might think that circumstances authorized and required it, it would be the more to be regretted if possession should be effected by any means irregular in themselves and subjecting the Government of the United States to unmerited censure. The views of the Executive respecting East Florida are further illustrated by your instructions as to West Florida. Although the United States have thought that they had a good title to the latter Province, they did not take possession until after the Spanish authority had been subverted by a revolutionary proceeding, and the contin- gency of tlie country being thrown into foreign hands had forced itself into view. Nor did they then, nor have they since, dispossessed the Spanish troops of the post which they occupied. If they did not think proper to take possession by force of a province to which they thought they were justly entitled, it could not be presumed that tliey should intend to act differently in respect to one to which they had not such a claim. I may add that although due sensibility has been always felt for the injuries which were received from the Spanish Government in the last war, the present situation of Spain has been a motive for a moderate and pacific policy toward her. In communicating to j^ou these sentiments of the Executive on the measures you have lately adopted for taking possession of East Florida, I add vidth pleasm-e that the utmost confidence is reposed in yotir integrity and zeal to promote the welfare of 5'our country. To that zeal the error into which you have fallen is imputed. But in consideration of the part which you have taken, which differs so essentially from that contemplated and authorized by the Government, and contradicts so entirely the principles on which it has uniformly and sincerely acted, you will be sensible of the necessity of discontinuing the service in which you have been employed. You will therefore consider your powers as revoked on the receipt of this letter. The new duties to be performed will be transferred to the governor of Georgia, to whom instructions will be given on all the circumstances to which it may be proper at the present juncture to call his attention. I have the honor to be, very respectfully, sir, yovur obedient servant, JAMES MONROE. The Secretary of State to His Excellency D. B. Mitchell, the governor of Georgia. Department of State, April lo, 1812. Sir: The President is desirous of availing the public of your services in a concern of much delicacy and of high importance to the United States. Circumstances with which you are in some degree acquainted, but which will be fully explained by the inclosed papers, have made it necessary to revoke the powers heretofore committed to General IMatthews and to commit them to you. The President is persuaded that you will not hesitate to undertake a trust so important to the nation, and peculiarly to tlie State of Georgia. He is the more confident in this belief from the consider- ation that these new duties may be discharged without interfering, as he presumes, with those of the station which you now hold. James Madison 494 By the act of the 15th of January, iSii, you will observe that it was not contem- plated to take possession of East I'lorida or any part thereof, unless it should be surrendered to the United States aniicahly by the governor or other local authority of the Province, or against an attempt to take possession of it by a foreign power, and you will also see that General Matthews's instructions, of which a copy is likevrise inclosed, correspond fully with the law. Ly the documents in possession of the Government it appears that neither of these contingencies have happened; that instead of an amicable surrender by the governor or other local authority the troops of the United States have been used to dispossess the Spanish authority by force. I forbear to dwell on the details of this transaction because it is painful to recite them. By the letter to General Matthews which is inclosed, open for your perusal, you will fully comprehend the views of the Govern- ment respecting the late transaction, and by the law, the former instructions to the General, and the late letter now forwarded you will be made acquainted with the course of conduct which it is expected of you to jjursue in future in discharging the duties heretofore enjoined on him. It is the desire of the President that you should turn your attention and direct your efforts in the first instance to the restoration of that state of things in the Prov- ince which existed before the late transactions. The Executive considers it proper to restore back to the Spanish authorities Amelia Island and such other parts, if any, of East Florida as may have thus been taken from them. With this view it will be necessary for you to communicate directly with the governor or principal officer of Spain in that Province, and to act in harmony with him in the attainment of it. It is presumed that the arrangement will be easily and amicably made between you. I inclose you an order from the Secretary of War to the commander of the troops of the United States to evacuate the country when requested so to do by you, and to pay the same respect in future to your order in fulfilling the diities enjoined by the law that he had been instructed to do to that of General Matthews. In restoring to the Spanish authorities Amelia Island and such other parts of East Florida as may have been xaken possession of in the name of the United States there is another object to which your particular attention will be due. In the measures lately adopted by General Matthews to take possession of that Territory it is probable that much reliance has been placed by the people who acted in it on the countenance and support of the United States. It will be improper to expose these people to the resentment of the Spanish authorities. It is not to be presumed that those authorities in regaining possession of the Territory in this amicable mode from the United States will be disposed to indulge any siich feeling toward them. You will, however, come to a full understanding with the Spanish governor on this subject, and not fail to obtain from him the most explicit and satisfactory assurance respecting it. Of this assurance you will duly apprise the parties interested, and of the confidence which you repose in it. It is hoped that on this delicate and very interesting point the Spanish governor will avail himself of the opportunity it presents to evince the friendly disposition of his Government toward the United States. There is one other remaining circumstance only to which I wish to call your atten- tion, and that relates to General Matthews himself. His gallant and meritorious services in om* Revolution and patriotic conduct since have always been held in high estimation by the Government. His errors in this instance are imputed altogether to his zeal to promote the welfare of his country; but they are of a nature to impose on the Government the necessity of the measures now taken, in giving effect to which you will dovibtless feel a disposition to consult, as far as may be, his personal sensibility. Z have the honor to be, etc^ JAMES MONROE 495 Messages and Papers of the Presidents P. S. — Should you find it impracticable to execute the duties designated above in person, the rrcsidcnt requests that you will be so good as to employ some verj- rcsiK'Ctable character to represent you in it, to whom you are authorized to allow a similar compcns;ition. It is hoped, however, that you may be able to attend to it in person, for reasons which I need not enter into. The expenses to which you may be exposed will be promptly paid to yoiu: draft on this Department. The Secretary of State to D. B. Mitchell, esq., governor of Georgia. Department of State, May 27, 181 2. Sir: I have had the honor to receive your letter of the 2d instant from St. INIarys, where you had arrived in discharge of the trust reposed in you by the President, in relation to East Florida. My letter by IMr. Isaacs has, I presume, substantially answered the most impor- tant of the queries submitted in your letter, but I will give to each a more distinct answer. By the law of which a copy was forwarded to you it is made the duty of the Presi- dent to prevent the occupation of East Florida by any foreign power. It follows that you are authorized to consider the entrance, or attempt to enter, especially under existing circumstances, of British troops of any description as the case contemplated b}- the law, and to use the proper means to defeat it. An instruction will be immediately forwarded to the commander of the naval force of the United States in the neighborhood of East Florida to give you any assistance, in case of emergency, which you may think necessary and require. It is not expected, if you find it proper to withdraw the troops, that you should interfere to compel the patriots to sturrender the country or any part of it to the Spanish authorities. The United States are responsible for their own conduct only; not for that of the inhabitants of East Florida. Indeed, in consequence of the compromitment of the United States to the inhabitants, you have been already instructed not to -nnthdraw the troops, unless you find that it may be done consist- ently with their safety, and to report to the Government the result of yoiu- confer- ences -H-ith the Spanish authorities, with your opinion of their views, holding in the meantime the ground occupied. In the present state of our affairs \vith Great Britain the course above pointed out is the more justifiable and proper. I have the honor, etc., JAMES MONROE. July 6, 18 12. To the Senate of the United States: I transmit to the Senate copies and extracts of documents in the archives of the Department of State falHng within the purview of their resolution of the 4th instant, on the subject of British impressments from American vessels. The information, though voluminous, might have been enlarged with more time for research and preparation. In some instances it might at the same time have been abridged but for the diffi- culty of separating the matter extraneous to the immediate object of the resolution. JAMES MADISON jatnes Madison 49^^ VETO MESSAGE. April 3, 1812. To the House of Representatives of the United States: Having examined and considered the bill entitled "An act providing for the trial of causes pending in the respective district courts of the United States, in case of the absence or disability of the judges thereof," which bill was presented to me on the 25th of March past, I now return the same to the House of Representatives, in which it originated, with the following objections: Because the additional services imposed by the bill on the justices of the Supreme Court of the United States are to be performed by them rather in the quality of other judges of other courts, namely, judges of the district courts, than in the quality of justices of the Supreme Court. They are to hold the said district courts, and to do and perform all acts relating to the said courts which are by law required of the district judges. The bill therefore virtually appoints, for the time, the justices of the Supreme Court to other distinct ofl&ces to which, if compatible with their original offices, they ought to be appointed by another than the legislative authority, in pursuance of legislative provisions authoriz- ing the appointments. Because the appeal allowed by law for the decision of the district courts to the circuit courts, whilst it corroborates the construction which regards a judge of one court as clothed with a new office, by being constituted a judge of the other, submits for correction erroneous judg- ments, not to superior or other judges, but to the erring individual him- self, acting as sole judge in the appellate court. Because the additional services to be required may, by distances of place and by the casualties contemplated by the bill, become dispropor- tionate to the strength and health of the justices who are to perform them, the additional services being, moreover, entitled to no additional compensation, nor the additional expenses incurred to reimbursement. In this view the bill appears to be contrary to equity, as well as a prec- edent for modifications and extensions of judicial services encroaching on the constitutional tenure of judicial offices. Because, by referring to the President of the United States questions of disabihty in the district judges and of the unreasonableness of delaying the suits or causes pending in the district courts, and leaving it with him in such causes to require the justices of the Supreme Court to perform additional services, the bill introduces an unsuitable relation of members of the judiciary department to a discretionary authority of the executive department. JAMES MADISON. 497 A/t\ss(i!^^cs ami /\iprr.s of the Presidents PROCLAMATIONS. [From Niles's Weekly RcRislcr, vol. i, p. 44R.] By tiik Pkksidknt ok thk I'nited States. a proclamation. Whereas information has been received that a number of individuals wlio have deserted from the Army of the United States have become sensible of their offense and are desirous of returning to their dutj^, a full pardon is hereby granted and proclaimed to each and all such indi- viduals as shall within four months from the date hereof surrender themselves to the commanding officer of any military post within the United States or the Territories thereof. In testimou}' whereof I have caused the seal of the United States to be affixed to these presents, and signed the same with my hand. n n Done at the city of Washington, the yth day of February, A. D. 18 1 2, and of the Independence of the United States the thirty-sixth. JAMES MADISON. By the President: James Monroe, Secretary of State. [From Aunals of Congress, Twelfth Congress, part 2, 2223.] By the President of the United States of America, a proclamation. Whereas the Congress of the United States, by virtue of the consti- tuted authority vested in them, have declared by their act bearing date the 1 8th day of the present month that war exists between the United Kingdom of Great Britain and Ireland and the dependencies thereof and the United States of America and their Territories: Now, therefore, I, James Madison, President of the United States of America, do hereby proclaim the same to all whom it may concern; and I do specially enjoin on all persons holding offices, civil or military, under the authority of the United States that they be vigilant and zealous in discharging the duties respectively incident thereto; and I do moreover exhort all the good people of the United States, as they love their countrj^ as they value the precious heritage derived from the virtue and valor of their fathers, as they feel the wrongs which have forced on them the last resort of injured nations, and as they consult the best means under the blessing of Divine Providence of abridging its calamities, that they exert themselves in preserving order, in promoting concord, in maintaining the authority and efficacy of the laws, and in supporting and invigorating all James Madison 498 the measures which may be adopted by the constituted authorities for ol)taiuing a speedy, a just, and an honorable peace. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed to these presents. [seal.] Done at the city of Washington, the 19th day of June, 181 2, and of the Independence of the United States the thirty-sixth. By the President: J^^^ MADISON. Jame;s Monroe, Secretary of State. [From Annals of Congress, Twelfth Congress, part 2, 2224.] By the President of the United States of America. A PROCLAMATION. Whereas the Congress of the United States, by a joint resolution of the two Houses, have signified a request that a day may be recommended to be observed by the people of the United States with religious solemnity as a day of public humiliation and prayer; and Whereas such a recommendation will enable the several religious denominations and societies so disposed to offer at one and the same time their common vows and adorations to Almighty God on the solemn occasion produced by the war in which He has been pleased to permit the injustice of a foreign power to involve these United States: I do therefore recommend the third Thursday in August next as a convenient day to be set apart for the devout purposes of rendering the Sovereign of the Universe and the Benefactor of Mankind the public homage due to His holy attributes; of acknowledging the transgressions which might justly provoke the manifestations of His divine displeasure; of seeking His merciful forgiveness and His assistance in the great duties of repentance and amendment, and especially of offering fervent suppli- cations that in the present season of calamity and war He would take the American people under His peculiar care and protection; that He would guide their public councils, animate their patriotism, and bestow His blessing on their arms; that He would inspire all nations with a love of justice and of concord and with a reverence for the unerring precept of our holy religion to do to others as they would require that others should do to them; and, finally, that, turning the hearts of our enemies :rom the violence and injustice which sway their councils against us, He would hasten a restoration of the blessings of peace. Given at Washington, the 9th day of July, A. D. 18 12. [seal.] JAMES MADISON. By the President: James Monroe, Secretary of State, 499 Messages and Papers of the Presidents [Kroin Nilcs's Weekly Register, vol. 3, p. loi.] By the President of the United States op America. A PROCIyAMATlON. Whereas information has been received that a number of individuals who have deserted from the Army of the United States have become sen- sible of their offenses and are desirous of returning to their duty, a full pardon is hereby granted and proclaimed to each and all such individuals as shall within four months from the date hereof surrender themselves to the commanding ofl&cer of any military post within the United States or the Territories thereof. In testimony whereof I have caused the seal of the United States to be affixed to these presents, and signed the same with my hand. TcT^A 1 Done at the city of Washington, the 8th day of October, A. D. 1812, and of the Independence of the United States the thirty-seventh. JAMES MADISON. By the President: James Monroe, Secretary of State, FOURTH ANNUAL MESSAGE. Washington, November 4., 1812, Fellow- Citizens of the Senate and of the House of Represeyitatives: On our present meeting it is my first duty to invite your attention to the providential favors which our country has experienced in the unusual degree of health dispensed to its inhabitants, and in the rich abundance with which the earth has rewarded the labors bestowed on it. In the successful cultivation of other branches of industry, and in the progress of general improvement favorable to the national prosperity, there is just occasion also for our mutual congratulations and thankfulness. With these blessings are necessarily mingled the pressures and vicis- situdes incident to the state of war into which the United States have been forced by the perseverance of a foreign power in its system of in- justice and aggression. Previous to its declaration it wa"? deemed proper, as a measure of precaution and forecast, that a considerable force should be placed in the Michigan Territory with a general view to its security, and, in the event of war, to such operations in the uppermost Canada as would in- tercept the hostile influence of Great Britain over the savages, obtain the command of the lake on which that part of Canada borders, and James Madison 500 maintain cooperating relations with such forces as might be most con- veniently employed against other parts. Brigadier- General Hull was charged with this provisional service, having under his command a body of troops composed of regulars and of volunteers from the State of Ohio. Having reached his destination after his knowledge of the war, and possessing discretionary authority to act offensively, he passed into the neighboring territory of the enemy with a prospect of easy and victo- rious progress. The expedition, nevertheless, terminated unfortunately, not only in a retreat to the town and fort of Detroit, but in the surrender of both and of the gallant corps commanded by that officer. The causes of this painful reverse will be investigated by a military tribunal. A distinguishing feature in the operations which preceded and followed diis adverse event is the use made by the enemy of the merciless savages under their influence. Whilst the benevolent policy of the United States invariably recommended peace and promoted civilization among that wretched portion of the human race, and was making exertions to dis- suade them from taking either side in the war, the enemy has not scru- pled to call to his aid their ruthless ferocity, armed with the horrors of those instruments of carnage and torture which are known to spare neither age nor sex. In this outrage against the laws of honorable war and against the feelings sacred to humanity the British commanders can not resort to a plea of retaliation, for it is committed in the face of our exam- ple. They can not mitigate it by calling it a self-defense against men in arms, for it embraces the most shocking butcheries of defenseless fami- lies. Nor can it be pretended that they are not answerable for the atroc- ities perpetrated, since the savages are employed with a knowledge, and even with menaces, that their fury could not be controlled. Such is the spectacle which the deputed authorities of a nation boasting its religion and morality have not been restrained from presenting to an enlightened age. The misfortune at Detroit was not, however, without a consoling effect. It was followed by signal proofs that the national spirit rises according to the pressure on it. The loss of an important post and of the brave men surrendered with it inspired everywhere new ardor and determination. In the States and districts least remote it was no sooner known than every citizen was ready to fly with his arms at once to protect his breth- ren against the bloodthirsty savages let loose by the enemy on an exten- sive frontier, and to convert a partial calamity into a source of invigorated efforts. This patriotic zeal, which it was necessary rather to limit than excite, has embodied an ample force from the States of Kentucky and Ohio and from parts of Pennsylvania and Virginia. It is placed, with the addition of a few regulars, under the command of Brigadier- General Harrison, who possesses the entire confidence of his fellow-soldiers, among whom^are citizens, some of them volunteers in the ranks, not less distinguished by their political stations than by their personal merits. 50I Afrssnj^rs and Papers of the Pfesidryits The greater portion of this force is proceeding on its destination toward the Michigan Territory, having succeeded in rehevingan important fron- tier post, and in several incidental operations against hostile tribes of sav- ages, rendered indispensable by the subservieuc}^ into which they had been seduced by the enemy — a seduction the more cruel as it could not fail to impose a necessity of precautionary severities against those who yielded to it. At a recent date an attack was made on a post of the enemy near Niagara by a detachment of the regular and other forces under the com- mand of INIajor-General Van Rensselaer, of the militia of the State of New York. The attack, it appears, was ordered in compliance with the ardor of the troops, who executed it with distinguished gallantry, and were for a time victorious; but not receiving the expected support, they were compelled to yield to reenforcements of British regulars and sav- ages. Our loss has been considerable, and is deeply to be lamented. That of the enemy, less ascertained, will be the more felt, as it includes among the killed the commanding general, who was also the governor of the Province, and was sustained by veteran troops from unexperienced soldiers, who must daily improve in the duties of the field. Our expectation of gaining the command of the Lakes by the invasion of Canada from Detroit having been disappointed, measures were instantly taken to provide on them a naval force superior to that of the enemy. From the talents and activity of the officer charged with this object everything that can be done may be expected. Should the present sea- son not admit of complete success, the progress made will insure for the next a naval ascendency where it is essential to our permanent peace with and control over the savages. Among the incidents to the measures of the war I am constrained to advert to the refusal of the governors of Massachusetts and Connecticut to furnish the required detachments of militia toward the defense of the maritime frontier. The refusal was founded on a novel and unfortunate exposition of the provisions of the Constitution relating to the militia. The correspondences which will be laid before you contain the requisite information on the subject. It is obvious that if the authority of the United States to call into service and command the militia for the public defense can be thus frustrated, even in a state of declared war and of course under apprehensions of invasion preceding war, they are not one nation for the purpose most of all requiring it, and that the public safety may have no other resource than in those large and permanent military establishments which are forbidden by the principles of our free govern- ment, and against the necessity of which the militia were meant to be a constitutional bulwark. On the coasts and on the ocean the war has been as successful as circumstances inseparable from its early stages could promise. Our public ships and private cruisers, by their activity, and, where there i James Madison 503 was occasion, by their intrepidity, have made the enemy sensible of the diiTerence between a reciprocity of captures and the long confinement of ihem to their side. Our trade, with little exception, has safely reached our ports, having been much favored in it by the course pursued by a squadron of our frigates under the command of Commodore Rodgers, and in the instance in which skill and bravery were more particularly tried with those of the enemy the American flag had an auspicious triumph. The frigate Constitution, commanded by Captain Hull, after a close and short engagement completely disabled and captured a British frigate, gaining for that officer and all on board a praise which can not be too liberally bestowed, not merely for the victory actually achieved, but for that prompt and cool exertion of commanding talents which, giving to courage its highest character, and to the force applied its full effect, proved that more could have been done in a contest requiring more. Anxious to abridge the evils from which a state of war can not be exempt, I lost no time after it was declared in conveying to the British Government the terms on which its progress might be arrested, without awaiting the delays of a formal and final pacification, and our charge d'affaires at I^ondon was at the same time authorized to agree to an armistice founded upon them. These terms required that the orders in council should be repealed as they affected the United States, without a revival of blockades violating acknowledged rules, and that there should be an immediate discharge of American seamen from British ships, and a stop to impressment from American ships, with an under- standing that an exclusion of the seamen of each nation from the ships of the other should be stipulated, and that the armistice should be improved into a definitive and comprehensive adjustment of depending controversies. Although a repeal of the orders susceptible of explana- tions meeting the views of this Government had taken place before this pacific advance was communicated to that of Great Britain, the advance was declined from an avowed repugnance to a suspension of the practice of impressments during the armistice, and without any intimation that the arrangement proposed with respect to seamen would be accepted. Whether the subsequent communications from this Government, afford- ing an occasion for reconsidering the subject on the part of Great Brit- ain, will be viewed in a more favorable light or received in a more ac- commodating spirit remains to be known. It would be unwise to relax our measures in any respect on a presumption of such a result. The documents from the Department of State which relate to this subject will give a view also of the propositions for an armistice which have been received here, one of them from the authorities at Halifax and in Canada, the other from the British Government itself through Admiral Warren, and of the grounds on which neither of them could be accepted. 5'^^3 Messages and Papers of the Presidents Our affairs with France retain the posture which they held at my last coinmuuications to you. Notwithstanding the authorized expectations of an early as well as favorable issue to the discussions on foot, these have been procrastinated to the latest date. The only intervening oc- currence meriting attention is the promulgation of a French decree pur- porting to be a definitive repeal of the Berlin and Milan decrees. This proceeding, although made the ground of the repeal of the British orders in council, is rendered by the time and manner of it liable to many ol> jections. The final communications from our special minister to Denmark afford further proofs of the good effects of his mission, and of the amicable disposition of the Danish Government. From Russia we have the satis- faction to receive assurances of continued friendship, and that it will not be affected by the rupture between the United States and Great Britain. Sweden also professes sentiments favorable to the subsisting harmony. With the Barbary Powers, excepting that of Algiers, our affairs remain on the ordinar}^ footing. The consul-general residing with that Regency has suddenly and without cause been banished, together with all the American citizens found there. Whether this was the transitory effect of capricious despotism or the first act of predetermined hostility is not ascertained. Precautions were taken by the consul on the latter sup- position. The Indian tribes not under foreign instigations remain at peace, and receive the civilizing attentions which have proved so beneficial to them. With a view to that vigorous prosecution of the war to which our national faculties are adequate, the attention of Congress will be partic- ularly drawn to the insufficiency of existing provisions for filling up the military establishment. Such is the happy condition of our country, arising from the facility of subsistence and the high wages for every species of occupation, that notwithstanding the augmented inducements provided at the last session, a partial success only has attended the recruiting service. The deficiency has been necessarily supplied during the campaign by other than regular troops, with all the inconveniences and expense incident to them. The remedy lies in establishing more favorably for the private soldier the proportion between his recompense and the term of his enlistment, and it is a subject which can not too soon or too seriously be taken into consideration. The same insufficiency has been experienced, in the provisions for volunteers made by an act of the last session. The recompense for the service required in this case is still less attractive than in the other, and although patriotism alone has sent into the field some valuable corps of that description, those alone who can afford the sacrifice can be reasonably expected to yield to that impulse. It will merit consideration also whether as auxiliary to the security of our frontiers corps may not be advantageously organized with a James Madison 504 restriction of their services to particular districts convenient to them, and whether the local and occasional services of mariners and others in the seaport towns under a similar organization would not be a provident addition to the means of their defense. I recommend a provision for an increase of the general oflEicers of the Army, the deficiency of which has been illustrated by the number and distance of separate commands which the course of the war and the advantage of the service have required. And I can not press too strongly on the earliest attention of the Legis- lature the importance of the reorganization of the staff establishment with a view to render more distinct and definite the relations and respon- sibilities of its several departments. That there is room for improve- ments which will materially promote both economy and success in what appertains to the Army and the war is equally inculcated by the examples of other countries and by the experience of our own. A revision of the militia laws for the purpose of rendering them more systematic and better adapting them to emergencies of the war is at this time particularly desirable. Of the additional ships authorized to be fitted for service, two will be shortly ready to sail, a third is under repair, and delay will be avoided in the repair of the residue. Of the appropriations for the purchase of materials for shipbuilding, the greater part has been applied to that object and the purchase will be continued with the balance. • The enterprising spirit which has characterized our naval force and its success, both in restraining insults and depredations on our coasts and in reprisals on the enemy, will not fail to recommend an enlargement of it. There being reason to believe that the act prohibiting the acceptance of British licenses is not a sufl5cient guard against the use of them, for purposes favorable to the interests and views of the enemy, further pro- visions on that subject are highly important. Nor is it less so that penal enactments should be provided for cases of corrupt and perfidious intercourse with the enemy, not amounting to treason nor yet embraced by any statutory provisions. A considerable number of American vessels which were in England when the revocation of the orders in council took place were laden with British manufactures under an erroneous impression that the nonimpor- tation act would immediately cease to operate, and have arrived in the United States. It did not appear proper to exercise on unforeseen cases of such magnitude the ordinary powers vested in the Treasury Depart- ment to mitigate forfeitures without previously affording to Congress an opportunity of making on the subject such provision as they may think proper. In their decision they will doubtless equally consult what is due to equitable considerations and to the public interest. The receipts into the Treasury during the year ending on the 30th of 5 '.-> Messages and Papers of the Presidents September last have exceeded $16,500,000, which have been sufficient to defray all the demands on the Treasnry to that day, including a neces- sary reimbursement of near three millions of the principal of the public debt. In these receipts is included a sum of near $5,850,000, received on account of the loans authorized by the acts of the last session; the whole sum actually obtained on loan amounts to $1 1 ,000,000, the residue of which, being receivable subsequent to the 30th of September last, will, together with the current revenue, enable us to defray all the expenses of this 5'ear. The duties on the late unexpected importations of British manufac- tures will render the revenue of the ensuing year more productive than could have been anticipated. The situation of our countrj-, fellow-citizens, is not without its difficul- ties, though it abounds in animating considerations, of which the view here presented of our pecuniary resources is an example. With more than one nation we have serious and unsettled controversies, and with one, powerful in the means and habits of war, we are at war. The spirit and strength of the nation are nevertheless equal to the support of all its rights, and to carry it through all its trials. They can be met in that confidence. Above all, we have the inestimable consolation of knowing that the war in which we are actually engaged is a war neither of ambi- tion nor of vainglory; that it is waged not in violation of the rights of others, but in the maintenance of our own; that it was preceded by a patience without example under wrongs accumulating without end, and that it was finally not declared until every hope of a -erting it was extin- guished by the transfer of the British scepter into new hands clinging to former councils, and until declarations were reiterated to the last hour, through the British envoy here, that the hostile edicts against our com- mercial rights and our maritime independence would not be revoked; nay, that they could not be revoked without violating the obligations of Great Britain to other powers, as well as to her own interests. To have shrunk under such circumstances from manly resistance would have been a degradation blasting our best and proudest hopes; it would have struck us from the high rank where the virtuous struggles of oar fathers had placed us, and have betrayed the magnificent legacy which we hold in trust for future generations. It would have acknowledged that on the element which forms three- fourths of the globe we inhabit, and where all independent nations have equal and common rights, the American people were not an independent people, but colonists and vassals. It was at this moment and with such an alternative that war was chosen. The nation felt the necessity of it, and called for it. The appeal was accordingly made, in a just cause, to the Just and All-powerful Being who holds in His hand the chain of events and the destiny of nations. It remains only that, faithful to ourselves, entangled in no connections with the views of other powers, and ever ready to accept peace from the James Madison 506 hand of justice, we prosecute the war with united counsels and with the ample faculties of the nation until peace be so ol^tained and as the only means under the Divine blessing of speedily obtaining it. JAMES MADISON. SPECIAL MESSAGES. November 12, 181 2. 7> the Senate and House of Representatives of the United States: For the further information of Congress relative to the pacific advances made on the part of this Government to that of Great Britain, and the manner in which they have been met by the latter, I transmit the sequel of the communications on that subject received from the late charg6 d'affaires at London ^^^^^ MADISON. November 17, 1812. To the Senate and House of Representatives of the United States: I transmit to Congress copies of a letter from the consul-general of the United States to Algiers, stating the circumstances preceding and attend- ing his departure from that Regency. ^^^^ MADISON. Washington, December 11, 1812. To the Senate and House of Representatives of the United States: I transmit to Congress copies of a letter to the Secretary of the Navy from Captain Decatur, of the frigate United States, reporting his combat and capture of the British frigate Macedonian. Too much praise can not be bestowed on that officer and his companions on board for the consum- mate skill and conspicuous valor by which this trophy has been added to the naval arms of the United States. I transmit also a letter from Captain Jones, who commanded the sloop of war Wasp, reporting his capture of the British sloop of war Frolic, after a close action, in which other brilliant titles will be seen to the pub- lic admiration and praise. A nation feeling what it owes to itself and to its citizens could never abandon to arbitrary violence on the ocean a class of them which give such examples of capacity and courage in defending their rights on that element, examples which ought to impress on the enemy, however brave and powerful, preference of justice and peace to hostility against a coun- try whose prosperous career may be accelerated but can not be prevented by the assaults made on it. j^^^^.^^ MADISON. ^oy Alessages and Papers of the Presidents jAmjARY 22, 1S13. To the Srf/a/c- and House of Rcprcsoiiativcs of the United States: I transmit, for the iuformatiou of Congress, copies of a correspondence between John Mitchell, agent for American prisoners of war at Halifax, and the British admiral commanding at that vStation. I transmit, for the like purpose, copies of a letter from Commodore Rodgers to the Secretary of the Navy. JAMES MADISON. February 22, 18 13. To the Seyiate and House of Represeyitatives of the United States: I lay before Congress a letter, with accompanying documents, from Captain Bainbridge, now commanding the United States frigate the Con- st itutio7i, reporting his capture and destruction of the British frigate the fava. The circumstances and the issue of this combat afford another example of the professional skill and heroic spirit which prevail in our naval service. The signal display of both by Captain Bainbridge, his oflScers and crew, commands the highest praise. This being a second instance in which the condition of the Captured ship, by rendering it impossible to get her into port, has barred a con- templated reward of successful valor, I recommend to the consideration of Congress the equity and propriety of a general provision allowing in such cases, both past and future, a fair proportion of the value which would accrue to the captors on the safe arrival and sale of the prize. JAMES MADISON. February 24, 1813. To the Senate and House of Representatives of the United States: I lay before Congress copies of a proclamation of the British lieutenant- governor of the island of Bermuda, which has appeared under circum- stances leaving no doubt of its authenticity. It recites a British order in council of the 26th of October last, providing for the supply of the British West Indies and other colonial possessions by a trade under spe- cial licenses, and is accompanied by a circular instruction to the colonial governors which confines licensed importations from ports of the United States to the ports of the Eastern States exclusively. The Government of Great Britain had already introduced into her com- merce during war a system which, at once violating the rights of other nations and resting on a mass of forgery and perjury unknown to other times, was making an unfortunate progress in undermining those prin- ciples of morality and religion which are the best foundation of national happiness. The policy now proclaimed to the world introduces into her modes of warfare a system equally distinguished by the deformity of its features % ,X(I ana eleven. ,\\ AC! DECLARATION OF WAR AGAINST GREAT BRITAIN, WHICH BROUGHT ON THE "WAR OF 1812." James Madison 5°^ and the depravity of its character, having for its object to dissolve the ties of allegiance and the sentiments of loyalty in the adversary nation, and to seduce and separate its component parts the one from the other. The general tendency of these demoralizing and disorganizing contriv- ances will be reprobated by the civilized and Christian world, and the insulting attempt on the virtue, the honor, the patriotism, and the fidel- ity of our brethren of the Eastern States will not fail to call forth all their indignation and resentment, and to attach more and more all the States to that happy Union and Constitution against which such insid- ious and malignant artifices are directed. The better to guard, nevertheless, against the effect of individual cupid- ity and treachery and to turn the corrupt projects of the enemy against himself, I recommend to the consideration of Congress the expediency of an effectual prohibition of any trade whatever by citizens or inhabit- ants of the United States under special licenses, whether relating to per- sons or ports, and in aid thereof a prohibition of all exportations from the United States in foreign bottoms, few of which are actually employed, whilst multiplying counterfeits of their flags and papers are covering and encouraging the navigation of the enemy. JAMES MADISON. March 3, 1813. To the House of Representatives of the United States: Conformably to the resolution of the House of Representatives of the 27th of January last, I transmit "rolls of the persons having office or employment of a public nature under the United States. ' ' JAMES MADISON. VETO MESSAGE. NOVKMBKR 5, 1 81 2. To the Senate and House of Representatives of the United States: The bill entitled "An act supplementary to the acts heretofore passed on the subject of an uniform rule of naturahzation," which passed the two Houses at the last session of Congress, having appeared to me liable to abuse by aliens having no real purpose of effectuating a naturaliza- tion, and therefore not been signed, and liaving been presented at au hour too near the close of the session to be returned with ol)jcctions for reconsideration, the bill failed to become a law. I also recommend that provision be now made in favor of aliens entitled to the contemplated benefit, under such regulations as will prevent advantage being taken of it for improper purposes. JAMES MADISON. M P— vol. I— 18 ^ 509 Mc'ssages and Papers of the Presidents SECOND INAUGURAL ADDRESS. About to add the solemnity of an oath to the obHgations imposed by a second call to the station in which my country heretofore placed me, I find in the presence of this respectable assembly an opportunitj'' of pub- licly repeating my profound sense of so distinguished a confidence and of the responsibility united with it. The impressions on me are strength- ened by such an evidence that my faithful endeavors to discharge my arduous duties have been favorably estimated, and by a consideration of the momentous period at which the trust has been renewed. From the weight and magnitude now belonging to it I should be compelled to shrink if I had less reliance on the support of an enlightened and gener- ous people, and felt less deeply a conviction that the war with a powerful nation, which forms so prominent a feature in our situation, is stamped with that justice which invites the smiles of Heaven on the means of conducting it to a successful termination. May we not cherish this sentiment without presumption when we re- flect on the characters by which this war is distinguished? It was not declared on the part of the United States until it had been long made on them, in reality though not in name; until arguments and expo.stulations had been exhausted; until a positive declaration had been received that the wrongs provoking it would not be discontinued; nor until this last appeal could no longer be delayed without breaking down the spirit of the nation, destroying all confidence in itself and in its polit- ical institutions, and either perpetuating a state of disgraceful suffering or regaining by more costly sacrifices and more severe struggles our lost rank and respect among independent powers. On the issue of the war are staked our national sovereignty on the high seas and the security of an important class of citizens, whose occupations give the proper value to those of every other class. Not to contend for such a stake is to surrender our equality with other powers on the ele- ment common to all and to violate the sacred title which ever}'' member of the society has to its protection. I need not call into view the unlaw- fulness of the practice by which our mariners are forced at the will of every cruising officer from their own vessels into foreign ones, nor paint the outrages inseparable from it. The proofs are in the records of each successive Administration of our Government, and the cruel sufferings of that portion of the American people have found their way to every bosom not dead to the sympathies of human nature. As the war was just in its origin and necessary and noble in its objects, we can reflect with a proud satisfaction that in carr^dng it on no principle of justice or honor, no usage of civilized nations, no precept of cou/iesy or humanity, have been infringed. The w?.r has been waged on our part James Madison 510 with scruptiloiis regard to all these obligations, and in a spirit of liberality which was never surpassed. How little has been the effect of this example on the conduct of the enemy ! The>- have retained as prisoners of war citizens of the United States not liable to be so considered under the usages of war. They have refused to consider as prisoners of war, and threatened to punish as traitors and deserters, persons emigrating without restraint to the United States, incorporated by naturalization into our political family, and fighting under the authority of their adopted country in open and honorable war for the maintenance of its rights and safety. Such is the avowed purpose of a Government which is in the practice of naturalizing by thousands citizens of other countries, and not only of permitting but compelling them to fight its battles against their native country. They have not, it is true, taken into their own hands the hatchet and the knife, devoted to indiscriminate massacre, but they have let loose the savages armed with these cruel instruments; have allured them into their service, and carried them to battle by their sides, eager to glut their sav- age thirst with the blood of the vanquished and to finish the work of torture and death on maimed and defenseless captives. And, what was never before seen, British commanders- have extorted victory over the unconquerable valor of our troops by presenting to the sympathy of their chief captives awaiting massacre from their savage associates. And now we find them, in further contempt of the modes of honorable war- fare, suppljdng the place of a conquering force by attempts to disorganize our political society, to dismember our confederated Republic. Happi!}'^, like others, these will recoil on the authors; but they mark the degener- ate counsels from which they emanate, and if they did not belong to a series of unexampled inconsistencies might excite the greater wonder as proceeding from a Government which founded the very war in which it has been so long engaged on a charge against the disorganizing and insurrectional policy of its adversary. To render the justice of the war on our part the more conspicuous, the reluctance to commence it was followed by the earliest and strongest manifestations of a disposition to arrest its progress. The sword was scarcely out of the scabbard before the enemy was apprised of the reason- able terms on which it would be resheathed. Still more precise advances were repeated, and have been received in a spirit forbidding every reliance not placed on the military resources of the nation. These resources are amply sufficient to bring the war to an honorable issue. Our nation is in number more than half that of the British Isles. It is composed of a brave, a free, a virtuous, and an intelligent people. Our country abounds in the necessaries, the arts, and the comforts of life. A general prosperity is visible in the public coimtenance. The means em- ployed by the British cabinet to undermine it have recoiled on themselves; 5' I Afrssfiji^rs and Papers of ihr Prrsidcnts have piveti to our national faculties a more rapid development, and, draining or diverting the precious metals from British circulation and British vaults, have poured them into those of the United States. It is a i^ropitious consideration that an imavoidable war should have found this seasonable facility for the contrilmtions required to support it. When the public voice called for war, all knew, and still know, that without them it could not be carried on through the period which it might last, and the patriotism, the good sense, and the manly spirit of our fellow- citizens are pledges for the cheerfulness with which they will bear each his share of the connnon burden. To render the war short and its suc- cess sure, animated and systematic exertions alone are necessary, and the success of our arms now may long preserv'e our country from the neces- sit>- of another resort to them. Already have the gallant exploits of our naval heroes proved to the world our inherent capacity to maintain our rights on one element. If the reputation of our arms has been thrown under clouds on the other, presaging flashes of heroic enterprise assure us that nothing is wanting to correspondent triumphs there also but the discipline and habits which are in daily progress. March 4, 18 13. SPECIAL SESSION MESSAGE. Washington, May 25, 181^. Fellow- Citize7is of the Senate and of the House of Representatives: At an early da}^ after the close of the last session of Congress an offer was formally communicated from His Imperial Majesty the Emperor of Russia of his mediation, as the common friend of the United States and Great Britain, for the purpose of facilitating a peace between them. The high character of the Emperoi Alexander being a satisfactory pledge for the sincerity and impartiality of his oiler, it was immediately accepted, and as a further proof of the disposition on the part of the United States to meet their adversary in honorable experiments for terminating the war it was determined to avoid intermediate delays incident to the distance of the parties by a definitive provision for the contemplated negotiation. Three of our eminent citizens were accordingly commis.sioned with the requisite powers to conclude a treat}' of peace with persons clothed with like powers on the part of Great Britain. They are authorized also to enter into such conventional regulations of the commerce between the two countries as may be mutually advantageous. The two envoys who where in the United States at the time of their appointment have pro- ceeded to join their colleague already at St. Petersburg. The envo3's have received another commission authorizing them to conclude with Ru.ssia a treaty of commerce with a view to strengthen the James Madison c^i3 amicable relations and improve the beneficial intercourse between the two countries. The issue of this friendly interposition of the Russian Emperor and this pacific manifestation on the part of the United States time only can decide. That the sentiments of Great Britain toward that Sovereign will have produced an acceptance of his offered mediation must be presumed. That no adequate motives exist to prefer a continuance of war with the United States to the terms on which they are willing to close it is certain. The British cabinet also must be sensible that, with respect to the impor- tant question of impressment, on which the war so essentially turns, a search foi or seizure of British persons or property on board neutral ves- sels on the high seas is not a belligerent right derived from the law of nations, and it is obvious that no visit or search or use of force for any purpose on board the vessels of one independent power on the high seas can in war or peace be sanctioned by the law^s or authority of another power. It is equally obvious that, for the purpose of preservdng to each State its seafaring members, by excluding them from the vessels of the other, the mode heretofore proposed by the United States and now enacted by them as an article of municipal policy, can not for a moment be com- pared with the mode practiced by Great Britain without a conviction of its title to preference, inasmuch as the latter leaves the discrimination between the mariners of the two nations to officers exposed by unavoid- able bias as well as by a defect of evidence to a wrong decision, under circumstances precluding for the most part the enforcement of control- ling penalties, and where a wrong decision, besides the irreparable viola- tion of the sacred rights of persons, might frustrate the plans and profits of entire voyages; whereas the mode assumed by the United States guards with studied fairness and efficacy against errors in such cases and avoids the effect of casual errors on the safety of navigation and the success of mercantile expeditions. If the reasonableness of expectations drawn from these considerations could guarantee their fulfillment a just peace would not be distant. But it becomes the wisdom of the National I^egislature to keep in mind the true policy, or rather the indispensable obligation, of adapting its meas- ures to the supposition that the only course to that happy event is in the vigorous employment of the resources of war. And painful as the reflec- tion is, this duty is particularly enforced by the spirit and manner in which the war continues to be waged by the enemy, who, uninfluenced by the unvaried examples of humanity set them, are adding to tlie savage fury of it on one frontier a system of plunder and conflagration on the other, equally forbidden by respect for national character and by the es- tablished rules of civilized warfare. As an encouragement to persevering and invigorated exertions to bring the contest to a happy result, I have the satisfaction of being able to ap- peal to the auspicious progress of our arms both by land and on the water. 5 ' 3 Messages and Papers of the Presidents 111 continuation of the brilliant achievements of our infant Navy, a sig- nal triumph has been gained by Captain Lawrence and his companions ill the Hornet sloop of war, which destroyed a British sloop of war with a celerity so unexampled and with a slaughter of the enemy so dispro- portionate to the loss in the Hornet as to claim for the conquerors the highest praise and the full recompense provided by Congress in pre- ceding cases. Our public ships of war in general, as well as the private armed vessels, have continued also their activity and success against the commerce of the enemy, and by their vigilance and address have greatly frustrated the efforts of the hostile squadrons distributed along our coasts to intercept them in returning into port and resuming their cruises. The augmentation of our naval force, as authorized at the last session of Congress, is in progress. On the Lakes our superiority is near at hand where it is not already established. The events of the campaign, so far as the}' are known to us, furnish matter of congratulation, and show that under a wi.se organization and efficient direction the Arni}^ is destined to a glor^^ not less brilliant than that which already encircles the Navy. The attack and capture of York is in that quarter a presage of future and greater victories, w^hile on the western frontier the issue of the late siege of Fort Meigs leaves us noth- ing to regret but a single act of inconsiderate valor. The provisions last made for filling the ranks and enlarging the staff of the Army have had the best effects. It will be for the consideration of Congress whether other provisions depending on their authority may not still further improve the military establishment and the means of defense. The sudden death of the distinguished citizen who represented the United States in France, without any .special arrangements by him for such a contingency, has left us without the expected sequel to his last communications, nor has the French Government taken any measures for bringing the depending negotiations to a conclusion through its rep- resentative in the United States. This failure adds to delays before so unreasonably spun out. A successor to our deceased minister has been appointed and is ready to proceed on his mission. The course which he will punsue in fulfilling it is that prescribed hy a steady regard to the true interests of the United States, which equallj^ avoids an abandon- ment of their just demands and a connection of their fortunes with the systems of other powers. The receipts in the Treasur}' from the ist of October to the 31st day of March last, including the .sums received on account of Treasury notes and of the loans authorized by the acts of the last and the preceding sessions of Congress, have amounted to $15,412,000. The expenditures during the .same period amounted to $15,920,000, and left in the Treas- ury' on the ist of April the sum of $1,857,000. The loan of ^16,000,000, authorized by the act of the 8th of February last, has been contracted James Madison 514 for. Of that sum more than $i,ooc,ooo had been paid into the Treas- ury prior to the ist of April, and formed a part of the receipts as above stated. The remainder of that loan, amounting to near $15,000,000, with the sum of $5,000,000 authorized to be issued in Treasury notes, and the estimated receipts from the customs and the sales of public lands, amounting to $9,300,000, and making, in the whole, $29,300,000, to be received during the last nine months of the present year, will be neces- sary to meet the expenditures already authorized and the engagements contracted in relation to the public debt. These engagements amount during that period to $10,500,000, which, with near one million for the civil, miscellaneous, and diplomatic expenses, both foreign and domestic, and $17,800,000 for the military and naval expenditures, including the ships of war building and to be built, will leave a sum in the Treasury at the end of the present year equal to that on the ist of April last. A part of this sum may be considered as a resource for defraying any extraor- dinary expenses already authorized by law beyond the sums above esti- mated, and a further resource for any emergency may be found in the sum of $1,000,000, the loan of which to the United States has been authorized by the State of Pennsylvania, but which has not yet been brought into effect. This view of our finances, whilst it shows that due provision has been made for the expenses of the current year, shows at the same time, by the limited amount of the actual revenue and the dependence on loans, the necessity of providing more adequately for the future supplies of the Treasury. This can be best done by a well-digested system of internal revenue in aid of existing sources, which will hav^e the effect both of abridging the amount of necessary loans and, on that account, as well as by placing the public credit on a more satisfactory basis, of improving the terms on which loans may be obtained. The loan of sixteen millions was not contracted for at a less interest than about yj^ per cent, and, although other causes may have had an agency, it can not be doubted that, with the advantage of a more extended and less precarious revenue, a lower rate of interest might have sufficed. A longer postponement of this advantage could not fail to have a still greater influence on future loans. In recommending to the National I^egislature this resort to additional taxes I feel great satisfaction in the assurance that our constituents, who have already displayed so much zeal and firmness in the cause of their country, will cheerfully give any other proof of their patriotism which it calls for. Happily no people, with local and transitory excep- tions never to be wholly avoided, are more able than the people of the United States to spare for the public wants a portion of their private means, whether regard be had to the ordinary profits of industry or the ordinary price of subsistence in our country compared with those in any Other. And in no case could stronger reasons be felt for yielding the 515 Messages and Papers of the Presidents reqiiisiic contributions. By rendering the public resources certain and commensurate to the pubHc exigencies, the constituted authorities will be able to prosecute the war the more rapidly to its proper issue; every hostile hope founded on a calculated failure of our resources will be cut ofF, and by adding to the evidence of bravery and skill in combats on the ocean and the land, and alacrity in supplying the treasure neces- sary to give them their fullest effect, and demonstrating to the world the public energy which our political institutions combine, with the personal liberty distinguishing them, the best security will be provided against futtire enterprises on the rights or the peace of the nation. The contest in which the United States are engaged appeals for its support to every motive that can animate an uncorrupted and enlightened people — to the love of country; to the pride of liberty; to an emulation of the glorious founders of their independence by a successful vindication of its violated attributes; to the gratitude and sj^mpathy which demand security from the most degrading wrongs of a class of citizens who have proved themselves so worthy the protection of their country by their heroic zeal in its defense; and, finally, to the sacred obligation of trans- mitting entire to future generations that precious patrimony of national rights and independence which is held in trust by the present from the goodness of Divine Providence. Being aware of the inconveniences to which a protracted session at this season would be liable, I limit the present communication to objects of primar}^ importance. In special messages which may ensue regard will be had to the same consideration. TAMES MADISON SPECIAL MESSAGES. May 29, 1813. To the Sefiate of the United States: The Swedish Government having repeatedly manifested a desire to interchange a public minister with the United States, and having lately appointed one with that view, and other considerations concurring to ▼■ender it advisable at this period to make a correspondent appointment, I nominate Jonathan Russell, of Rhode Island, to be minister plenipoten- tiary of the United States to Sweden. JAMES MADISON. "Washington, fitly 6, 18 13. To the Senate of the United States: I have received from the committee appointed by the resolution of the Senate of the 14th day of June a copy of that resolution, which authorizes the committee to confer with the President on the subject of the nomina- tion made by him of a minister plenipotentiary to Sweden. James Madison 516 Conceiving it to be my duty to decline the proposed conference with rhe committee, and it being uncertain when it may be convenient to explain to the committee, and through them to the Senate, the grounds of my so doing, I think it proper to address the explanation directly to the Senate. Without entering into a general review of the relations in which the Constitution has placed the several departments of the Gov- ernment to each other, it will suffice to remark that the Executive and Senate, in the cases of appointments to office and of treaties, are to be considered as independent of and coordinate with each other. If they agree, the appointments or treaties are made; if the Senate disagree, they fail. If the Senate wish information previous to their final decision, the practice, keeping in view the constitutional relations of the Senate and the Executive, has been either to request the Executive to furnish it or to refer the subject to a committee of their body to communicate, either formally or informally, with the head of the proper department. The appointment of a committee of the Senate to confer immediatelj^ with the Executive himself appears to lose sight of the coordinate relation between the Executive and the Senate which the Constitution has established, and which ought therefore to be maintained. The relation between the Senate and House of Representatives, in whom legislative power is concurrently vested, is sufficiently analogous to illustrate that between the Executive and Senate in making appoint- ments and treaties. The two Houses are in like manner independent of and coordinate with each other, and the invariable practice of each in appointing committees of conference and consultation is to commission them to confer not with the coordinate body itself, but with a committee of that body; and although both branches of the I^egislature may be too numeroiis to hold conveniently a conference with committees, were they to be appointed by either to confer with the entire body of the other, it may be fairly presumed that if the whole number of either branch were not too large for the purpose the objection to such a conference, being against the principle as derogating from the coordinate relations of the two Houses, would retain all its force. I add only that I am entirely persuaded of the purity of the intentions of the Senate in the course they have pursued on this occasion, and with which my view of the subject makes it my duty not to accord, and that they will be cheerfully furnished with all the suitable information in possession of the Executive in any mode deemed consistent with the principles of the Constitution and the settled practice under it. JAMES MADISON. Washington, July 20, 18 13. To the Senate and House oj Representatives of the United States: There being sufficient ground to infer that it is the purpose of the enemy to combine with the blockade of our ports special licenses to 5 ' 7 Messages and Papers of the Presidents neutral vessels or to Britisli vessels in neutral disguises, whereby they nia>- draw from our country the precise kind and quantity of exports essential to their wants, whilst its general commerce remains obstructed, keeping in view also the insidious discrimination between the different ports of the United States; and as such a system, if not counteracted, will have the effect of diminishing ver>- materially the pressure of the war on the enemy, and encouraging a perseverance in it, at the same time that it wll leave the general commerce of the United States under all the pressure the enemy can impose, thus subjecting the whole to British regulation in subserviency to British monopoly, I recommend to the consideration of Congress the expediency of an immediate and effectual prohibition of exports limited to a convenient day in their next session, and removable in the meantime in the event of a cessation of the blockade of our ports. JAMES MADISON. PROCLAMATION. [Frota Niles's Weekly Register, vol. 4, p. 345.] A PROCLAMATION. Whereas the Congress of the United States, by a joinl resolution of the two Houses, have signified a request that a day may be recommended to be observed by the people of the United States with religious solemnity as a day of public humiliation and prayer; and Whereas in times of public calamity such as that of the war brought on the United States by the injustice of a foreign government it is espe- cially becoming that the hearts of all should be touched with the same and the eyes of all be turned to that Almighty Power in whose hand are the welfare and the destin)' of nations: I do therefore issue this my proclamation, recommending to all who shall be piously disposed to unite their hearts and voices in addressing at one and the same time their vows and adorations to the Great Parent and Sovereign of the Universe that they assemble on the second Thurs- day of September next in their respective religious congregations to ren- der Him thanks for the many blessings He has bestowed on the people of the United States; that He has blessed them with a land capable of yielding all the necessaries and requisites of human life, with ample means for convenient exchanges with foreign countries; that He has blessed the labors employed in its cultivation and improvement; that He is now bless- ing the exertions to extend and establish the arts and manufactures which will secure within ourselves supplies too important to remain dependent on the precarious policy or the peaceable dispositions of other nations, and particularly that He has blessed the United States with a political Constitution founded on the will and authority of the whole people and James Madison. 518 guaranteeing to each individual security, not only of his person and his property, but of those sacred rights of conscience so essential to his present happiness and so dear to his future hopes; that with those ex- pressions of devout thankfulness be joined supplications to the same Almighty Power that He would look down with compassion on our in- firmities; that He would pardon our manifold transgressions and awaken and strengthen in all the wholesome purposes of repentance and amend- ment; that in this season of trial and calamity He would preside in a particular manner over our public councils and inspire all citizens with a love of their country and with those fraternal affections and that mutual confidence which have vSo happy a tendency to make us safe at home and respected abroad; and that as He was graciously pleased heretofore to smile on our struggles against the attempts of the Government of the Empire of which these States then made a part to wrest from them the rights and privileges to which they were entitled in common with every other part and to raise them to the station of an independent and sov- ereign people, so He would now be pleased in like manner to bestow His blessing on our arms in resisting the hostile and persevering efforts of the same powe, to degrade us on the ocean, the common inheritance of all, from rights and immunities belonging and essential to the Amer- ican people as a coequal member of the great community of independent nations; and that, inspiring our enemies with moderation, with justice, and with that spirit of reasonable accommodation which our country has continued to manifest, we may be enabled to beat our swords into plow- shares and to enjoy in peace every man the fruits of his honest industry and the rewards of his lawful enterprise. If the public homage of a people can ever be worthy the favorable regard of the Holy and Omniscient Being to whom it is addressed, it must be that in which those who join in it are guided only by their free choice, by the impulse of their hearts and the dictates of their consciences; and such a spectacle must be interesting to all Christian nations as proving that religion, that gift of Heaven for the good of man, freed from all coer- cive edicts, from that unhallowed connection with the powers of this world which corrupts religion into an instrument or an usurper of the policy of the state, and making no appeal but to reason, to the heart, and to the conscience, can spread its benign influence everywhere and can attract to the divine altar those freewill offerings of humble suppli- cation, thanksgiving, and praise which alone can be acceptable to Him whom no hypocrisy can deceive and no forced sacrifices propitiate. Upon these principles and with these views the good people of the United States are invited, in conformity with the resolution aforesaid, to dedicate the day above named to the religious solenuiities therein recom- mended. Given at Washington, this 23d day of July, A. I). 18 13. [SBAI..] JAMES MADISON. 519 Messages and Papers of the Presidents FIFTH ANNUAL MESSAGE. Washington, December 7, 1813. FcUo'd'-Citizcns of the Senate and of the House of Representatives: In meetini^ you at the present interesting conjuncture it would have been highly {satisfactory if I could have communicated a favorable result to the mission charged with negotiations for restoring peace. It was a just expectation, from the respect due to the distinguished Sovereign who had invited them by his offer of mediation, from the readiness with which the invitation was accepted on the part of the United States, and from the pledge to be found in an act of their Legislature for the liberality which their plenipotentiaries would carry into the negotiations, that no time would be lost by the British Government in embracing the experi- ment for hastening a stop to the effusion of blood. A prompt and cordial acceptance of the mediation on that side was the less to be doubted, as it was of a nature not to submit rights or pretensions on either side to the decision of an umpire, but to afford merely an opportunity, honorable and desirable to both, for discussing and, if possible, adjusting them for the interest of both. The British cabinet, either mistaking our desire of peace for a dread of British power or misled \>y other fallacious calculations, has disap- pointed this reasonable anticipation. No communications from our en- voj'S having reached us, no information on the .subject has been received from that source; but it is known that the mediation was declined in the first instance, and there is no evidence, notwithstanding the lapse of time, that a change of disposition in the British councils has taken place or is to be expected. Under such circumstances a nation proud of its rights and conscious of its strength has no choice but an exertion of the one in support of the other. To this determination the best encouragement is derived from the suc- cess with which it has pleased the Almighty to bless our arms both on the land and on the water. Whilst proofs have been continued of the enterprise and skill of our cruisers, public and private, on the ocean, and a new trophy gained in the capture of a British by an American vessel of war, after an action giving celebrity to the name of the victorious commander, the great inland waters on which the enemy were also to be encountered l^ave presented achievements of our naval arms as brilliant in their character as they have been important in their consequences. On Lake Erie, the .squadron under command of Captain Perry having met the British squadron of superior force, a sanguinary conflict ended in the capture of the whole. The conduct of that officer, adroit as it was James Madison 520 daring, and which was so well seconded by his comrades, justly entitles them to the admiration and gratitude of their country, and will fill an early page in its naval annals with a victory never surpassed in luster, however much it may have been in magnitude. On Lake Ontario the caution of the British commander, favored by contingencies, frustrated the efforts of Ihe American commander to bring on a decisive action. Captain Chauncey was able, however, to establish an ascendency on that important theater, and to prove by the manner in which he effected everything possible that opportunities only were wanted for a more shining display of his own talents and the gallantry of those under his command. The success on Lake Brie having opened a passage to the territory of the enemy, the officer commanding the Northwestern army transferred the war thither, and rapidly pursuing the hostile troops, fleeing with their savage associates, forced a general action, which quickly terminated in the capture of the British and dispersion of the savage force. This result is signally honorable to Major-General Harrison, by whose military talents it was prepared; to Colonel Johnson and his mounted volunteers, whose impetuous onset gave a decisive blow to the ranks of the enemy, and to the spirit of the volunteer militia, equally brave and patriotic, who bore an interesting part in the scene; more especially to the chief magistrate of Kentucky, at the head of them, whose heroism signalized in the war which established the independence of his country, sought at an advanced age a share in hardships and battles for maintain- ing its rights and its safety. The effect of these successes has been to rescue the inhabitants of Michigan from their oppressions, aggravated by gross infractions of the capitulation which subjected them to a foreign power; to alienate the savages of numerous tribes from the enem}^ by whom they were disap- pointed and abandoned, and to relieve an extensive region of country from a merciless warfare which desolated its frontiers and imposed on its citizens the most harassing services. In consequence of our naval superiority on Lake Ontario and the opportunity afforded by it for concentrating our forces by water, opera- tions which had been provisionally planned were set on foot against the possessions of the enemy on the St. Lawrence. Such, however, was the delay produced in the first instance by adverse weather of unusual vio- lence and continuance and such the circumstances attending the final movements of the army, that the prospect, at one time so favorable, was not realized. The cruelty of the enemy in enlisting the savages into a war with a nation desirous of mutual emulation in mitigating its calamities has not been confined to any one quarter. Wherever they could lie tunieil against us no exertions to effect it have been spared. On our southwestern border the Creek tribes, who, yielding to our persevering endeavors, were 5-' Afessagi's n>i(i Papers of the Presidents gradually acciuiring more civilized habits, became the unfortunate victims of seduction. A war in that quarter has been the consequence, infuri- ated by a bloody fanaticism recently propagated among them. It was uecessar>' to crush such a war before it could spread among the contigu- ous tribes and before it could favor enterprises of the enemy into that vicinity. With this view a force was called into the service of the United States from the States of Georgia and Tennessee, which, with the nearest regular troops and other corps from the Mississippi Territory, might not onh- chastise the savages into present peace but make a lasting impres- sion on their fears. The progress of the expedition, as far as is yet known, corresponds with the martial zeal with which it was espoused, and the best hopes of a satisfactory issue are authorized by the complete success with which a well-planned enterprise was executed against a body of hostile savages b}' a detachment of the volunteer militia of Tennessee, under the gallant command of General Coffee, and b}' a still more important victory over a larger body of them, gained under the immediate command of Major- General Jackson, an officer equally distinguished for his patriotism and his military talents. The systematic perseverance of the enemy in courting the aid of the savages in all quarters had the natural effect of kindling their ordinary' propensity to war into a passion, which, even among those best disposed toward the United States, was ready, if not employed on our side, to be turned against us. A departure from our protracted forbearance to accept the services tendered by them has thus been forced upon us. But in yielding to it the retaliation has been mitigated as much as possible, both in its extent and in its character, stopping far short of the example of the enemy, who owe the advantages they have occasionallj^ gained in battle chiefly to the number of their savage associates, and who have not controlled them either from their usual practice of indiscriminate massacre on defenseless inhabitants or from scenes of carnage without a parallel on prisoners to the British arms, guarded by all the laws of humanity and of honorable war. For these enormities the enemy are equally responsible, whether with the power to prevent them they want the will or with the knowledge of a want of power they still avail them- selves of such instruments. In other respects the enemy are pursuing a course which threatens consequences most afflicting to humanity. A standing law of Great Britain naturalizes, as is well known, all aliens complying with conditions limited to a shorter period than those required by the United States, and naturalized subjects are in war em- ployed by her Government in common with native subjects. In a con- tiguous British Province regulations promulgated since the commence- ment of the war compel citizens of the United States being there under certain circumstances to bear arms, whilst of the native emigrants from James Madison 523 the United States, who compose much of the population of the Pro\'ince, a number have actually borne arms against the United States within their limits, some of whom, after having done so, have become prisoners of war, and are now in our possession. The British commander in that Province, nevertheless, with the sanction, as appears, of his Government, thought proper to select from American prisoners of war and send to Great Britain Tor trial as criminals a number of individuals who had emigrated from the British dominions long prior to the state of war between the two nations, who had incorporated themselves into our political society in the modes recognized by the law and the practice of Great Britain, and who were made prisoners of war under the banners of their adopted country, fighting for its rights and its safety. The protection due to these citizens requiring an effectual interposi- tion in their behalf, a like number of British prisoners of war were put into confinement, with a notification that they would experience what- ever violence might be committed on the American prisoners of war sent to Great Britain. It was hoped that this necessary consequence of the step unadvisedly taken on the part of Great Britain would have led her Government to reflect on the inconsistencies of its conduct, and that a sympathy with the British, if not with the American, sufferers would have arrested the cruel career opened by its example. This was unhappily not the case. In violation both of consistency and of humanity, American officers and noncommissioned officers in double the number of the British soldiers confined here were ordered into close confinement, with formal notice that in the event of a retaliation for the death which might be inflicted on the prisoners of war sent to Great Britain for trial the ofiicers so confined would be put to death also. It was notified at the same time that the commanders of the British fleets and armies on our coasts are instructed in the same event to proceed with a destructive severity against our towns and their inhabitants. That no doubt might be left with the enemy of our adherence to the retaliatory resort imposed on us, a correspondent number of British offi- cers, prisoners of war in our hands, we.e immediately put into close con- finement to abide the fate of those confined by the enemy, and the British Government has been apprised of the determination of this Government to retaliate any other proceedings against us contrary to the legitimate modes of warfare. It is as fortunate for the United States that they have it in their power to meet the enemy in this deplorable contest as it is honorable to them that they do not join in it but under the most imperious obligations, and with the humane purpose of effectuating a return to the established usages of war. The views of the French Government on the subjects which have been so long committed to negotiation have received no elucidation since the 5-3 Messages and Papers of the Presidents close of your late session. The minister plenipotentiary of the United States at Paris had not been enabled bj- proper opportunities to press the objects of his mission as prescribed by his instructions. The militia being always to be regarded as the great bulwark of de- fense and security for free states, and the Constitution having wisely committed to the national authority a use of that force as the best pro- vision against an unsafe military establishment, as well as a resource jMxuliarly adapted to a country having the extent and the exposure of the ITnited States, I recommend to Congress a revision of the militia laws for the purpose of securing more effectually the services of all de- tachments called into the employment and placed under the Govern- ment of the United States. It will deser\-e the consideration of Congress also whether among other improvements in the militia laws justice does not require a regu- lation, under due precautions, for defraying the expense incident to the first assembling as well as the subsequent movements of detachments called into the national service. To give to our vessels of war, public and private, the requisite advan- tage in their cruises, it is of much importance that they should have, both for themselves and their prizes, the use of the ports and markets of friendly powers. With this view, I recommend to Congress the expe- dienc)' of such legal provisions as may supply the defects or remove the doubts of the Executive authorit}^, to allow to the cruisers of other powers at war with enemies of the United States such use of the Ameri- can ports as may correspond with the privileges allowed by such powers to American cruisers. During the year ending on the 30th of September last the receipts into the Treasury have exceeded $37,500,000, of which near twenty-four mil- lions were the produce of loans. After meeting all demands for the pub- lic service there remained in the Treasury on that day near $7,000,000. Under the authority contained in the act of the 2d of August last for bor- rowing $7,500,000, that sum has been obtained on terms more favorable to the United States than those of the preceding loan made during the present 5'ear. Further sums to a considerable amount will be necessary to be obtained in the same way during the ensuing year, and from the increased capital of the country, from the fidelity with which the public engagements have been kept and the public credit maintained, it may be expected on good grounds that the necessary pecuniary supplies will not be wanting. The expenses of the current year, from the multiplied operations fall- ing within it, have necessarily been extensive; but on a just estimate of the campaign in which the mass of them has been incurred the cost will not be found disproportionate to the advantages which have been gained. The campaign has, indeed, in its latter stages in one quarter been less favorable than was expected, but in addition to the importance James Madison ^2a of our naval success the progress of the campaign has been filled with incidents highly honorable to the American arms. The attacks of the enemy on Craney Island, on Fort Meigs, on Sack- etts Harbor, and on Sandusky have been vigorously and successfully repulsed; nor have they in any case succeeded on either frontier excepting when directed against the peaceable dwellings of individuals or villages unprepared or undefended. On the other hand, the movements of the American Army have been followed by the reduction of York, and of Forts George, Erie, and Mai- den; by the recovery of Detroit and the extinction of the Indian war in the West, and by the occupancy or command of a large portion of Upper Canada. Battles have also been fought on the borders of the St. Law- rence, which, though not accomplishing their entire objects, reflect honor on the discipline and prowess of our soldiery, the best auguries of even- tual victory. In the same scale are to be placed the late successes in the South over one of the most powerful, which had become one of the most hostile also, of the Indian tribes. It would be improper to close this communication without expressing a thankfulness in which all ought to unite for the numerous blessings with which our beloved country continues to be favored; for the abun- dance which overspreads our land, and the prevailing health of its inhab- itants; for the preservation of our internal tranquillity, and the stability of our free institutions, and, above all, for the light of divine truth and the protection of every man's conscience in the enjoyment of it. And although among our blessings we can not number an exemption from the evils of war, yet these will never be regarded as the greatest of evils by the friends of liberty and of the rights of nations. Our country has before preferred them to the degraded condition which was the alternative when the sword was drawn in the cause which gave birth to our national inde- pendence, and none who contemplate the magnitude and feel the value of that glorious event will shrink from a struggle to maintain the high and happy ground on which it placed the American people. With all good citizens the justice and necessity of resisting wrongs and usurpations no longer to be borne will sufficiently outweigh the privations and sacrifices inseparable from a state of war. But it is a reflection, moreover, peculiarly consoling, that, whilst wars are generally aggravated by their baneful effects on the internal improvements and permanent prosperity of the nations engaged in them, such is the favored situation of th-e United States that the calamities of the contest into which they have been compelled to enter are mitigated by improvements and advantages of which the contest itself is the source. If the war has increased the interruptions of our commerce, it has at the same time cherished and multiplied our manufactures so as to make us independent of all other countries for the more essential branches for which we ought to be dependent on none, and is even rapidly giving 535 Afrssao-fs and Papers of the Presidents thcni an extent which will create additional staples in our future inter- course with foreign markets. If nuich treasure has been expended, no inconsiderable portion of it has been applied to objects durable in their value and necessary to our permanent safety. If the war has exposed us to increased spoliations on the ocean and to predator}' incursions on the land, it has developed the national means of retaliating the former and of providing protection against the latter, demonstrating- to all that every blow^ aimed at our maritime independence is an impulse accelerating the growth of our maritime power. By diffusing through the mass of the nation the elements of military discipline and instruction; by augmenting and distributing warlike prep- arations applicable to future use; by evincing the zeal and valor with which they will be employed and the cheerfulness with which every necessary burden will be borne, a greater respect for our rights and a longer duration of our future peace are promised than could be expected without these proofs of the national character and resources. The war has proved moreover that our free Government, like other free governments, though slow in its early movements, acquires in its progress a force proportioned to its freedom, and that the union of these States, the guardian of the freedom and safety of all and of each, is strengthened hy every occasion that puts it to the test. In fine, the war, with all its vicissitudes, is illustrating the capacity and the destiny of the United States to be a great, a flourishing, and a powerful nation, worthy of the friendship which it is disposed to culti- vate witb all others, and authorized by its own example to require from all an observ^ance of the law^s of justice and reciprocity. Beyond these their claims have never extended, and in contending for these we behold a subject for our congratulations in the daily testimonies of increasing harmony throughout the nation, and may humbly repose our trust in the smiles of Heaven on so righteous a cause. JAMES MADISON. SPECIAL MESSAGES. Dkcember 9, 18 13. To the Senate and House of Representatives of the United States: The tendency of our commercial and navigation laws in their present state to favor the enemy and thereby prolong the war is more and more developed by experience. SuppHes of the most essential kinds find their way not only to British ports and British armies at a distance, but the armies in our neighborhood with which our own are contending derive James Madison 526 from our ports and outlets a subsistence attainable with difficulty, if at all, from other sources. Even the fleets and troops infesting our coasts and waters are by like supplies accommodated and encouraged in their pred- atory and incursive warfare. Abuses having a like tendency take place in our import trade. British fabrics and products find their way into our ports under the name and from the ports of other countries, and often in British vessels disguised as neutrals by false colors and papers. To these abuses it may be added that illegal importations are openly made with advantage to the violators of the law, produced by under- valuations or other circumstances involved in the course of the judicial proceedings against them. It is found also that the practice of ransoming is a cover for collusive captures and a channel for intelligence advantageous to the enemy. To remedy as much as possible these evils, I recommend: That an effectual embargo on exports be immediately enacted. That all articles known to be derived, either not at all or in any imma- terial degree onlj^, from the productions of any other country than Great Britain, and particularly the extensive articles made of wool and cotton materials, and ardent spirits made from the cane, be expressly and abso- lutely prohibited, from whatever port or place or in whatever vessels the same may be brought into the United States, and that all violations of the nonimportation act be subjected to adequate penalties. That among the proofs of the neutral and national character of foreign vessels it be required that the masters and supercargoes and three-fourths at least of the crews be citizens or subjects of the country under whose flag the vessels sail. That all persons concerned in collusive captures by the enemy or in ransoming vessels or their cargoes from the enemy be subjected to ade- quate penalties. To shorten as much as possible the duration of the war it is indispen- sable that the enemy should feel all the pressure that can be given to it, and the restraints having that tendency will be borne with the greater cheerfulness by all good citizens, as the restraints will affect those most who are most ready to sacrifice the interest of their country in pursuit of their own, JAMES MADISON. January 6, 18 14. To the Senate and Hotise of Representatives of the United States: I transmit, for the information of Congress, copies of a letter from the British secretary of state for foreign affairs to the Secretary of State, with the answer of the latter. In appreciating the accepted proposal of the Government of Great 527 Messages and Papers of the Presidents Britain for institutiug uegotiations for peace Congress will not fail to keep in mind that vigorous preparations for carrying on the war can in no respect impede the progress to a favorable result, whilst a relaxation of such preparations, should the wishes of the United States for a speedy restoration of the blessings of peace be disappointed, would necessarily have the most injurious consequences. JAMES MADISON. February 26, 1814. To the Senate and House 0/ Representatives 0/ the United States: It has appeared that at the recovery of the Michigan Territory from the temporary possession of the enemy the inhabitants thereof were left in so destitute and distressed a condition as to require from the public stores certain supplies essential to their subsistence, which have been pro- longed under the same necessit}^ which called for them. The deplorable situation of the savages thrown by the same event on the mercy and humanity of the American commander at Detroit drew from the same source the means of saving them from perishing by fam- ine, and in other places the appeals made by the wants and sufferings of that unhappy description of people have been equally imperious. The necessity imposed by the conduct of the enemy in relation to the savages of admitting their cooperation in some instances with our arms has also involved occasional expense in supplying their wants, and it is possible that a perseverance of the enemy in their cruel policy may render a further expense for the like purpose inevitable. On these subjects an estimate from the Department of War will be laid before Congress, and I recommend a suitable pro\dsion for them. JAMES MADISON. March 31, 18 14. To the Senate and House of Representatives of the United States: Taking into view the mutual interests which the United States and the foreign nations in amity with them have in a liberal commercial intercomrse, and the extensive changes favorable thereto which have recently taken pla:;e; taking into view also the important advantages which may otherwise result from adapting the state of our commercial laws to the circumstances now existing, I recommend to the considera- tion of Congress the expedienc}' of authorizing, after a certain day, expor- tations, specie excepted, from the United States in vessels of the United States and in vessels owned and navigated by the subjects of powers at peace with them, and a repeal of so much of our laws as prohibits the importation of articles not the property of enemies, but produced or manufactured only within their dominions. James Madison 0-38 I recommend also, as a more effectual safeguard and encouragement to our growing manufactures, that the additional duties on imports which are to expire at the end of one year after a peace with Great Britain be prolonged to the end of two years after that event, and that, in favor of our moneyed institutions, the exportation of specie be prohibited through- out the same period. ^ . _, ^ JAMES MADISON. PROCLAMATIONS. [From Niles's Weekly Register, vol. 6, p. 279.] By the President of the United States of America. A PROCIvAMATlON. Whereas information has been received that a number of individuals who have deserted from the Army of the United States have become sensible of their offenses and are desirous of returning to their duty, a full pardon is hereby granted and proclaimed to each and all such individuals as shall within three months from the date hereof surrender themselves to the commanding ofl&cer of any military post within the United States or the Territories thereof. In testimony whereof I have caused the seal of the United States to be affixed to these presents, and signed the same with my hand, r -1 Done at the city of Washington, the 17th day of June, A. D, 18 14, and of the Independence of the United States the thirty- ^^^^*^- JAMES MADISON. By the President: James Monroe, Secretary of State. By the President of the United States of America, a proclamation. Whereas it is manifest that the blockade which has been proclaimed by the enemy of the whole Atlantic coast of the United vStates, nearly 2,000 miles in extent, and abounding in ports, harbors, and navigable inlets, can not be carried into effect by any adequate force actually sta- tioned for the purpose, and it is rendered a matter of certainty and noto- riety by the multiplied and daily arrivals and departures of the pul)lic and private armed vessels of the United States and of other vessels that no such adequate force has been so stationed; and Whereas a blockade thus destitute of the character of a regular and legal blockade as defined and recognized by the established law of na- tions, whatever other purposes it may be made to answer, forms no lawful '5-0 Messages and Papers of the Presidents prohibition or obstacle to such neutral and friendly vessels as may choose to visit and trade with the United States; and Whereas it accords with the interest and the amicable views of the Ignited States to favor and promote as far as may be the free and mu- tually beneficial commercial intercourse of all friendly nations disposed to engage therein, and with that view to afford to their vessels destined to the United States a more positive and satisfactory security against all interruptions, molestations, or vexations whatever from the cruisers of the United States: Now be it known that I, James Madison, President of the United States of America, do by this my proclamation strictly order and instruct all the public armed vessels of the United States and all private armed vessels commissioned as privateers or with letters of marque and reprisal not to interrupt, detain, or otherwise molest or vex any vessels whatever be- longing to neutral powers or the subjects or citizens thereof, which ves- sels shall be actually bound and proceeding to any port or place within the jurisdiction of the United States, but, on the contrary, to render to all such vessels all the aid and kind offices which they may need or require. Given under my hand and the seal of the United States at the city of Washington, the 29th day of June, A. D. 18 14, and of the ^ '^ Independence of the United States the thirty-eighth. By the President: JAMES MADISON. Jambs Monroe, Secretary of State, [From Annals of Congress, Thirteenth Congress, vol. 3, 9.] By the President of the United States of America, a proclamation. Whereas great and weighty matters claiming the consideration of the Congress of the United States form an extraordinary occasion for con- vening them, I do by these presents appoint Monday, the 19th day of September next, for their meeting at the city of Washington, hereby requiring the respective Senators and Representatives then and there to assemble in Congress, in order to receive such communications as may then be made to them and to consult and determine on such measures as in their wisdom may be deemed meet for the welfare of the United States. In testimony w^hereof I ha/e caused the seal of the United States to be hereunto affixed, and signed the same with my hand. r -1 Done at the city of Washington, the 8th day of August, A. D. 18 14, and of the Independence of the United States the thirty- ^^^^^- JAMES MADISON. By the President: James Monroe, Secretary of State. James Madison 530 [Prom Niles's Weekly Register, vol. 7, p. 2.1 By the Presidbnt of the United States of America. A PROCIvAMATlON. Whereas the enemy by a sudden incursion have succeeded in invad- ing the capital of the nation, defended at the moment by troops less numerous than their own and almost entirely of the militia, during their possession of which, though for a single day only, they wantonly de- stroyed the public edifices, having no relation in their structure to oper- ations of war nor used at the time for military annoyance, some of these edifices being also costly monuments of taste and of the arts, and others depositories of the public archives, not only precious to the nation as the memorials of its origin and its early transactions, but interesting to all nations as contributions to the general stock of historical instruction and political science; and Whereas advantage has been taken of the loss of a fort more immedi- ately guarding the neighboring town of Alexandria to place the town within the range of a naval force too long and too much in the habit of abusing its superiority wherever it can be applied to require as the alternative of a general conflagration an undisturbed plunder of private property, which has been executed in a manner peculiarly distressing to the inhabitants, who had inconsiderately cast themselves upon the justice and generosity of the victor; and Whereas it now appears by a direct communication from the British commander on the American station to be his avowed purpose to employ the force under his direction ' ' in destroying and laying waste such towns and districts upon the coast as may be found assailable," adding to this declaration the insulting pretext that it is in retaliation for a wanton de- struction committed by the army of the United States in Upper Canada, when it is notorious that no destruction has been committed, which, not- withstanding the multiplied outrages previously committed by the enemy was not unauthorized, and promptly shown to be so, and that the United States have been as constant in their endeavors to reclaim the enemy from such outrages by the contrast of their own example as they have been ready to terminate on reasonable conditions the war itself; and Whereas these proceedings and declared purposes, which exhibit a deliberate disregard of the principles of humanity and the rules of civ- ilized warfare, and which must give to the existing war a character of extended devastation and barbarism at the very moment of negotiations for peace, invited by the enemy himself, leave no prospect of safety to anything within the reach of his predatory and incendiary operations but in manful and universal determination to chastise and expel the invader: Now, therefore, I, James Madison. President of the United States, do 53' Messages and Papers of the Presidents issue ttiis my proclamation, exhorting all the good people thereof to unite their hearts and hands in giving effect to the ample means pos- sessed for that purpose. I enjoin it on all officers, civil and military, to exert themselves in executing the duties with which they are respec- tively charged; and more especially I require the officers commanding the respective military districts to be vigilant and alert in providing for the defense thereof, for the more effectual accomplishment of which they are authorized to call to the defense of exposed and threatened placts portions of the militia most convenient thereto, whether they be or be not parts of the quotas detached for the service of the United States under requisitions of the General Government. On an occasion which appeals so forcibly to the proud feelings and patriotic devotion of the American people none will forget what they owe to themselves, what they owe to their country and the high des- tinies which await it, what to the glory acquired by their fathers in establishing the independence which is now to be maintained by their sons with the augmented strength and resources with which time and Heaven had blessed them. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed to these presents. Done at the city of Washington, the ist day of September, [SKAi,.] ^ j^ jgj^^ ^^^ ^£ ^^^ Independence of the United States the thirty-ninth. JAMES MADISON. By the President: James Monroe, Secretary of State. SPECIAL MESSAGE. Washington, September ly, 1814.. The President of the Senate of the United States. Sir: The destruction of the Capitol by the enemy having made it nec- essary that other accommodations should be provided for the meeting of Congress, chambers for the Senate and for the House of Representa- tives, with other requisite apartments, have been fitted up, under the direction of the superintendent of the city, in the public building here- tofore allotted for the post and other public offices. With this information, be pleased, sir, to accept assurances of my great respect and consideration. JAMES MADISON. James Madison 532 SIXTH ANNUAL MESSAGE. Washington, September 20, 18 14. Fellow-Citizens of the Senate and of the House of Representatives: Notwithstanding the early day which had been fixed for your session of the present year, I was induced to call you together still sooner, as well that any inadequacy in the existing provisions for the wants of the Treas- ury might be supplied as that no delay might happen in providing for the result of the negotiations on foot with Great Britain, whether it should require arrangements adapted to a return of peace or further and more effective provisions for prosecuting the war. That result is not yet known. If, on the one hand, the repeal of the orders in council and the general pacification in Europe, which withdrew the occasion on which impressments from American vessels were prac- ticed, suggest expectations that peace and amity may be reestablished, we are compelled, on the other hand, by the refusal of the British Govern- ment to accept the offered mediation of the Emperor of Russia, by the delays in giving effect to its own proposal of a direct negotiation, and, above all, by the principles and manner in which the war is now avow- edly carried on to infer that a spirit of hostility is indulged more violent than ever against the rights and prosperity of this country. This increased violence is best explained by the two important circum- stances that the great contest in Europe for an equilibrium guaranteeing all its States against the ambition of any has been closed without any check on the overbearing power of Great Britain on the ocean, and it has left in her hands disposable armaments, with which, forgetting the difficulties of a remote war with a free people, and yielding to the intoxi- cation of success, with the example of a great victim to it before her eyes, she cherishes hopes of still further aggrandizing a power already formidable in its abuses to the tranquillity of the civilized and commer- cial world. But whatever may have inspired the enemy with these more violent purposes, the public councils of a nation more able to maintain than it was to acquire its independence, and with a devotion to it rendered more ardent by the experience of its blessings, can never deliberate but on the means most effectual for defeating the extravagant views or unwarrant- able passions with which alone the war can now be pursued against us. In the events of the present campaign the enemy, with all his aug- mented means and wanton use of them, has little ground for exultation, unless he can feel it in the success of his recent enterprises against this metropolis and the neighboring town of Alexandria, from both of which his retreats were as precipitate as his attempts were bold and fortunate. In his other incursions on our Atlantic frontier his progress, often checked 5. VI Messages and Papers of the Presidents and chastised by the martial vSpirit of the neighboring citizens, has had more effect in distressing individuals and in dishonoring his arms than in promoting any object of legitimate warfare; and in the two instances { mentioned, however deeply to be regretted on our part, he will find in j his transient success, which interrupted for a moment only the ordinary j public business at the seat of Government, no compensation for the loss j of character with the world by his violations of private property and by • his destruction of public edifices protected as monuments of the arts by | the laws of civilized warfare. I On our side we can appeal to a series of achievements which have j given new luster to the American arms. Besides the brilliant incidents j in the minor operations of the campaign, the splendid victories gained on i the Canadian side of the Niagara by the American forces under Major- i General Brown and Brigadiers Scott and Gaines have gained for these j heroes and their emulating companions the most unfading laurels, and, having triumphantly tested the progressive discipline of the American { soldiery, have taught the enemy that the longer he protracts his hostile j efforts the more certain and decisive will be his final discomfiture. On our southern border victory has continued also to follow the American standard. The bold and skillful operations of Major-General j Jackson, conducting troops drawn from the militia of the States least distant, particularly of Tennessee, have subdued the principal tribes of hostile savages, and, by establishing a peace with them, preceded by recent and exemplary chastisement, has best guarded against the mis- chief of their cooperation with the British enterprises which may be planned against that quarter of our country. Important tribes of Indians on our northwestern frontier have also acceded to stipulations which bind them to the interests of the United States and to consider our enemy as theirs also. In the recent attempt of the enemy on the city of Baltimore, defended by militia and volunteers, aided by a small body of regulars and seamen, he was received w^th a spirit which produced a rapid retreat to his ships, whilst a concurrent attack by a large fleet was successfully resisted by the steady and well-directed fire of the fort and batteries opposed to it. In another recent attack by a powerful force on our troops at Platts- burg, of which regulars made a part only, the enemy, after a perseverance for many hours, was finally compelled to seek safety in a hasty retreat, with our gallant bands pressing upon him. On the Lakes, so much contested throughout the war, the great exer- tions for the command made on our part have been well repaid. On Lake Ontario our squadron is now and has been for some time in a con- dition to confine that of the enemy to his own port, and to favor the operations of our land forces on that frontier. A part of the squadron on Lake Erie has been extended into Lake Huron, and has produced the advantage of displaying our command on I James Madison 534 that lake also. One object of the expedition was the reduction of Macki- naw, which failed with the loss of a few brave men, among whom was an officer justly distinguished for his gallant exploits. The expedition, ably conducted by both the land and the naval commanders, was other- wise highly valuable in its effects. On Lake Champlain, where our superiority had for some time been undisputed, the British squadron lately came into acjion with the Amer- ican, commanded by Captain Macdonough. It issued in the capture of the whole of the enemy's ships. The best praise for this officer and his intrepid comrades is in the likeness of his triumph to the illustrious vic- tory which immortalized another officer and established at a critical moment our command of another lake. On the ocean the pride of our naval arms had been amply supported. A second frigate has indeed fallen into the hands ot the enemy, but the loss is hidden in the blaze of heroism with which she was defended. Captain Porter, who commanded her, and whose previous career had been distinguished by daring enterprise and by fertility of genius, main- tained a sanguinary contest against two ships, one of them superior to his own, and under other severe disadvantages, till humanity tore down the colors which valor had nailed to the mast. This officer and his brave comrades have added much to the rising glory of the American flag, and have merited all the effusions of gratitude which their country is ever ready to bestow on the champions of its rights and of its safety. Two smaller vessels of war have also become prizes to the enemj% but by a superiority of force which sufficiently vindicates the reputation of their commanders, whilst two others, one commanded by Captain War- rington, the other by Captain Blakely, have captured British ships of the same class with a gallantry and good conduct which entitle them and their companions to a just share in the praise of their country. In spite of the naval force of the enemy accumulated on our coasts, our private cruisers also have not ceased to annoy his commerce and to bring their rich prizes into our ports, contributing thus, with other proofs, to demonstrate the incompetency and illegality of a blockade the procla- mation of which is made the pretext for vexing and discouraging the commerce of neutral powers with the United States. To meet the extended and diversified warfare adopted by the enemy, great bodies of militia have been taken into service for the public defense, and great expenses incurred. That the defense everywhere may be both more convenient and more economical. Congress will see the necessity of immediate measures for filling the ranks of the Regular Army and of enlarging the provision for special corps, mounted and unmounted, to be engaged for longer periods of service than are due from the militia. I earnestly renew, at the same time, a recommendation of such changes in the system of the miHtia as, by classing and disciplining for the most prompt and active service the portions most capable of it, will give to 535 Afessages and Papers of the Presidents that great resource for the public safety all the requisite energy and efficiency. The moneys received into the Treasury during the nine months end- ing on the 30th day of June last amounted to $32,000,000, of which near eleven millions were the proceeds of the public revenue and the remain- der derived from loans. The disbursements for public expenditures dur- ing the same period exceeded $34,000,000, and left in the Treasury on the ist day of July near $5,000,000. The demands during the remainder of the present 3'ear already authorized by Congress and the expenses inci- dent to an extension of the operations of the war will render it necessary that large sums should be provided to meet them. From this view of the national affairs Congress will be urged to take up without delay as well the subject of pecuniar}^ supplies as that of militarj' force, and on a scale commensurate with the extent and the character which the war has assumed. It is not to be disguised that the situation of our country calls for its greatest efforts. Our enemj' is pow- erful in men and in money, on the land and on the water. Availing himself of fortuitous advantages, he is aiming with his undivided force a deadly blow at our growing prosperity, perhaps at our national exist- ence. He has avowed his purpose of trampling on the usages of civilized warfare, and given earnests of it in the plunder and wanton destruction of private property. In his pride of maritime dominion and in his thirst of commercial monopoly he strikes with peculiar animosity at the prog- ress of our navigation and of our manufactures. His barbarous policy has not even spared those monuments of the arts and models of taste with which our countr}' had enriched and embellished its infant metropolis. From such an adversary' hostilit}^ in its greatest force and in its worst forms ma3^ be looked for. The American people will face it with the •Jindaunted spirit which in their revolutionary^ struggle defeated his un- righteous projects. His threats and his barbarities, instead of dismay, will kindle in every bosom an indignation not to be extinguished but in the disaster and expulsion of such cruel invaders. In providing the means necessary- the National Legislature will not distrust the heroic and enlightened patriotism of its constituents. They will cheerfully and proudlj^ bear every burden of every kind which the safet}^ and- honor of the nation demand. We have seen them everj'where paying their taxes, direct and indirect, with the greatest promptness and alacrity. We see them rushing Nvith enthusiasm to the scenes where danger and duty call. In offering their blood they give the surest pledge that no other tribute will be withheld. Ha\nng forborne to declare war until to other aggressions had been added the capture of nearly a thousand American vessels and the impress- ment of thousands of American seafaring citizens, and until a final decla- ration had been r^iade by the Government of Great Britain that her ho.stile orders against our commerce would not be revoked but on conditions as James Madison 536 Impossible as unjust, whilst it was known that these orders would not otherwise cease but with a war which had lasted nearly twenty years, and which, according to appearances at that time, might last as many more; having manifested on every occasion and in every proper mode a sincere desire to arrest the effusion of blood and meet our enemy on the ground of justice and reconciliation, our beloved country, in still oppos- ing lo his persevering hostility all its energies, with an undiminished disposition toward peace and friendship on honorable terms, must carry with it the good wishes of the impartial world and the best hopes of support from an omnipotent and kind Providence. JAMKS MADISON. SPECIAL MESSAGES. Skptember 26, 1 8 14. To the Senate and House of Representatives of the United States: I transmit to Congress, for their information, copies of a letter from Admiral Cochrane, commanding His Britannic Majesty's naval forces on the American station, to the Secretary of State, with his answer, and of a reply from Admiral Cochrane. JAMES MADISON. Washington, October 10, 1814.. To the Senate and House of Representatives of the United States: I lay before Congress communications just received from' the pleni- potentiaries of the United States charged with negotiating peace with Great Britain, showing the conditions on which alone that Government is willing to put an end to the war. The instructions to those plenipotentiaries, disclosing the grounds on which they were authorized to negotiate and conclude a treaty of peace, will be the subject of another communication. JAMES MADISON. Washington, October 13, 1814.. To the Senate and House of Representatives of the United States: I now transmit to Congress copies of the instructions to the plenipo- tentiaries of the United States charged with negotiating a peace with Great Britain, as referred to in my message of the loth instant. JAMES MADISON. 5,^7 Messages and Papers of the Presidents \ December i, 1814. j To the Senate and Iloiise of Representatives of the Uyiited States: I trausniit, for the information of Congress, the communications last ! received from the ministers extraordinary and plenipotentiary of the j United States at Ghent, explaining the course and actual state of their 1 negotiations with the plenipotentiaries of Great Britain. i JAMES MADISON. I i February 15, 1815. ! To the Senate of the United Staies: j I have received from the American commissioners a treaty of peace j and amity between His Britannic Majesty and the United States of j America, signed b}^ those commissioners and \^y the commissioners of j His Britannic Majesty at Ghent on the 24th of December, 1814. The j termination of hostilities depends upon the time of the ratification of the { treaty by both parties. I lose no time, therefore, in submitting the treaty \ to the Senate for their advice and approbation. I transmit also a letter from the American commissioners, which ac- : companied the treaty. JAMES MADISON. Washington, Febrtmjy 18, 18 15. To the Senate and House of Representatives of the United States: I lay before Congress copies of the treaty of peace and amity betweeU the United States and His Britannic Majesty, which was signed by the commissioners of both parties at Ghent on the 24th of December, 18 14, and the ratifications of which have been duly exchanged. While performing this act I congratulate 3'ou and our constituents upon an event which is highlj^ honorable to the nation, and terminates with peculiar felicity a campaign signalized by the most brilliant suc- cesses. The late war, although reluctantly declared by Congress, had become \ a necessary resort to assert the rights and independence of the nation. | It has been waged with a success which is the natural result of the wis- dom of the legislative councils, of the patriotism of the people, of the pub- lic .spirit of the militia, and of the valor of the militarj^ and naval forces of the country. Peace, at all times a blessing, is peculiarly welcome, therefore, at a period when the causes for the war have ceased to operate, ' when the Government has demonstrated the efl&ciency of its powers of defense, and when the nation can review its conduct without regret and without reproach. I recommend to your care and beneficence the gallant men whose" achievements in every department of the military service, on the land audi James Madison 538 on the water, have so essentially contributed to the honor of the Ameri^ can name and to the restoration of peace. The feelings of conscious patriotism and worth will animate such men under every change of fortune and pursuit, but their country performs a duty to itself when it bestows those testimonials of approbation and applause which are at once the reward and the incentive to great actions. The reduction of the public expenditures to the demands of a peace establishment will doubtless engage the immediate attention of Congress. There are, however, important considerations which forbid a sudden and general revocation of the measures that have been produced by the war. Experience has taught us that neither the pacific dispositions of the American people nor the pacific character of their political institutions can altogether exempt them from that strife which appears beyond the ordinary lot of nations to be incident to the actual period of the world, and the same faithful monitor demonstrates that a certain degree of preparation for war is not only indispensable to avert disasters in the onset, but affords also the best security for the continuance of peace. The wisdom of Congress will therefore, I am confident, provide for the maintenance of an adequate regular force; for the gradual advancement of the naval establishment; for improving all the means of harbor de- fense; for adding discipline to the distinguished bravery of the militia, ' and for cultivating the military art in its essential branches, under the [liberal patronage of Government. I The resources of our country were at all times competent to the attain- ;ment of every national object, but they will now be enriched and invig- 'orated by the activity which peace will introduce into all the scenes of Idomestic enterprise and labor. The provision that has been made for ^the public creditors during the present session of Congress must have a [decisive effect in the establishment of the public credit both at home and 'abroad. The reviving interests of commerce will claim the legislative lattention at the earliest opportunity, and such regulations will, I trust, be seasonabl}^ devised as shall secure to the United States their just pro- -Dortion of the navigation of the world. The most liberal policy toward bther nations, if met by corresponding dispositions, will in this respect i3e found the most beneficial policj^ toward ourselves. But there is no [iubject that can enter with greater force and merit into the deliberations . l)f Congress than a consideration of the means to preserve and promote i'he manufactures which have sprung into existence and attained an . imparalieied maturity throughout the United States during the period of 'he European wars. This source of national independence and wealth anxiously recommend, therefore, to the prompt and constant guardian- : I hip of Congress. ' The termination of the legislative sessions will soon separate you, allow-citizens, from each other, and restore you to your constituents. pray you to bear with you the expressions of my sanguine hope that 539 Messages and Papers of the Presidents the peace wliich has been just declared will not only be the foundation of the most friendly intercourse between the United States and Great Britain, but that it will also be productive of happiness and harmony in e\-er)' section of our beloved country. The influence of your precepts and example must be everywhere powerful, and while we accord in grateful acknowledgments for the protection which Providence has bestowed upon us, let us never cease to inculcate obedience to the laws and fidelity to tlie Union as constituting the palladium of the national independence and prosperity. JAMES MADISON. Washington, February 22, 18 15. To the Senate and House of Representatives of the United States: I lay before Congress copies of two ratified treaties which were entered into on the part of the United States, one on the 22d day of July, 1814, with the several tribes of Indians called the Wyandots, Delawares, Shaw- anees, Senakas, and Miamies; the other on the 9th day of August, 18 14, with the Creek Nation of Indians. It is referred to the consideration of Congress how far legislative pro- visions may be necessary for carrying any pari of these stipulations into effect. JAMES MADISON. Washington, February 2j, 18 1^. To the Senate and House of Representatives of the U^iited States: Congress will have seen by the communication from the consul-general of the United States at Algiers laid before them on the 17th of Novem- ber, 18 1 2, the hostile proceedings of the Dey against that functionary. These have been followed by acts of more overt and direct warfare against the citizens of the United States trading in the Mediterranean, some of whom are still detained in captivity, notwithstanding the attempts which have been made to ransom them, and are treated with the rigor usual on the coast of Barbary. The considerations which rendered it unnecessary and unimportant to commence hostile operations on the part of the United States being now terminated by the peace with Great Britain, which opens the prospect of an active and valuable trade of their citizens within the range of the Algerine cruisers, I recommend to Congress the expediency of an act declaring the existence of a state of war between the United States and the Dey and Regency of Algiers, and of such provisions as may be requi- site for a vigorous prosecution of it to a successful issue. JAMES MADISON. James Madison 540 Washington, February 25, 1815. To the Senate and House of Representatives of the United States: Peace having happily taken place between the United States and Great Britain, it is desirable to guard against incidents which during periods of war in Europe might tend to interrupt it, and it is believed in particu- lar that the navigation of American vessels exclusively by American sea- men, either natives or such as are already naturalized, would not only conduce to the attainment of that object, but also to increase the number of our seamen, and consequently to render our commerce and navigation independent of the service of foreigners who might be recalled by their governments under circumstances the most inconvenient to the United States. I recommend the subject, therefore, to the consideration of Con- gress, and in deciding upon it I am persuaded that they will sufficiently estimate the policy of manifesting to the world a desire on all occasions to cultivate harmony with other nations by any reasonable accommoda- tions which do not impair the enjoyment of any of the essential rights of a free and independent people. The example on the part of the Ameri- can Government will merit and may be expected to receive a reciprocal attention from all the friendly powers of Europe. JAMES MADISON. VETO MESvSAGE. Washington, y/2??«flrj/ JO, 1815. To the Senate of the United States: Having bestowed on the bill entitled "An act to incorporate the sub- scribers to the Bank of the United States of America ' ' that full consid- eration which is due to the great importance of the subject, and dictated by the respect which I feel for the two Houses of Congress, I am con- strained by a deep and solemn conviction that the bill ought not to be- come a law to return it to the Senate, in which it originated, with my objections to the same. Waiving the question of the constitutional authority of the Legisla- ture to establish an incorporated bank as being precluded in my judg- ment by repeated recognitions under varied circumstances of the validity of such an institution in acts of the legislative, executive, and judicial branches of the Government, accompanied by indications, in different modes, of a concurrence of the general will of the nation, the proposed bank does not appear to be calculated to answer the purposes of reviving the public credit, of providing a national medium of circulation, and of aiding the Treasury by facilitating the indispensable anticipations of the revenue and by affording to the public more durable loans. I- The capital of the bank is to be compounded of specie, of public M P — vol, I — 19 541 Jftssai^rs atui Papers of the Prcsi'fntts stocks, and of Treasury notes ccMivertible into stock, \vitli a certain pro- portion of each of which ever)' subscriber is to furnish himself. The amount of the stock to be subscribed will not, it is believed, be sufficient to produce in favor of the public credit any considerable or lasting elevation of the market price, whilst this may be occasionally de- pressed by the bank itself if it should carry into the market the allowed proportion of its capital consisting of public stock in order to procure specie, which it may find ivs account in procuring with some sacrifice on that part of its capital. Nor will any adequate advantage arise to the public credit from the subscription of Treasury notes. The actual issue of these notes nearly equals at present, and will soou. exceed, the amount to be subscribed to the bank. The direct effect of this operation is simply to convert fifteen millions of Treasur}- notes into fifteen millions of 6 per cent stock, with the collateral effect of promoting an additional demand for Treasury notes beyond what might otherwise be negotiable. Public credit might indeed be expected to derive advantage from the establishment of a national bank, without regard to the formation of its capital, if the full aid and cooperation of the institution were secured to the Government during the war and during the period of its fiscal embar- rassments. But the bank proposed will be free from all legal obligation to cooperate with the public measures, and whatever might be the patri- otic disposition of its directors to contribute to the removal of those em- barrassments, and to invigorate the prosecution of the war, fidelity to the pecuniary and general interest of the institution according to their estimate of it might oblige them to decline a connection of their opera- tions with those of the National Treasury during the continuance of the war and the difSculties incident to it. Temporary' sacrifices of interest, though overbalanced by the future and permanent profits of the charter, not being requirable of right in behalf of the public, might not be gratui- tously made, and the bank would reap the full benefit of the grant, whilst the public would lose the equivalent expected from it; for it must be kept in view that the sole inducement to such a grant on the part of the public would be the prospect of substantial aids to its pecuniary means at the present crisis and during the sequel of the war. It is evident that the stock of the bank will on the return of peace, if not sooner, rise in the market to a value which, if the bank were established in a period of peace, would authorize and obtain for the public a bonus to a very large amount. In lieu of such a bonus the Government is fairlj- entitled to and ought not to relinquish or risk the needful services of the bank under the pressing circumstances of war. 2. The bank as proposed to be constituted can not be relied on during the war to provide a circulating medium nor to ftmiish loans or antici- pations of the public revenue. Without a medium the taxes can not be collected, and in the absence James Madison 542 of specie the medium anderstood to be the best substitute is that of notes issued by a national bank. The proposed bank will commence and con- duct its operations under an obligation to pay its notes in specie, or be subject to the loss of its charter. Without such an obligation the notes of the bank, though not exchangeable for specie, yet resting on good pledges and performing the uses of specie in the payment of taxes and in other public transactions, would, as experience has ascertained, qualify the bank to supply at once a circulating medium and pecuniary aids to the Government. Under the fetters imposed \iy the bill it is manifest that during the actual state of things, and probably during the war, the period particularly requiring such a medium and such a resource for loans and advances to the Government, notes for which the bank would be compellable to give specie in exchange could not be kept in circulation. The most the bank could effect, and the most it could be expected to aim at, would be to keep the institution alive by limited and local transactions which, with the interest on the public stock in the bank, might yield a dividend sufficient for the purpose until a change from war to peace should enable it, by a flow of specie into its vaults and a removal of the external demand for it, to derive its contemplated emoluments from a safe and full extension of its operations. On the whole, when it is considered that the proposed establishment will enjoy a monopoly of the profits of a national bank for a period of twenty years; that the monopolized profits will be continually growing with the progress of the national population and wealth; that the nation will during the same period be dependent on the notes of the bank for that species of circulating medium whenever the precious metals may be wanted, and at all times for so much thereof as may be an eligible substi- tute for a specie medium, and that the extensive employment of the notes in the collection of the augmented taxes will, moreover, enable the bank greatly to extend its profitable issues of them without the expense of specie capital to support their circulation, it is as reasonable as it is requi- site that the Government, in return for these extraordinary concessions to the bank, should have a greater security for attaining the public objects of the institution than is presented in the bill, and particularly for every practicable accommodation, both in the temporary advances necessary to anticipate the taxes and in those more durable loans which are equally necessary to diminish the resort to taxes. In discharging this painful duty of stating objections to a measure which has undergone the deliberations and received the sanction of the two Houses of the National Legislature I console myself with the reflec- tion that if they have not the weight which I attach to them they can be constitutionally overruled, and with a confidence that in a contrar>'- event the wisdom of Congress will hasten to substitute a more commensurate and certain provision for the public exigencies. JAMES MADISON. 543 Messages and Papers of the Presidents PROCLAMATIONS. By the President of the United States A PROCLAMATION. The two Houses of the National Legislature having by a joint resolu- tion expressed their desire that in the present time of public calamity and war a day may be recommended to be observed by the people of the United States as a day of public humiliation and fasting and of prayer to Almighty God for the safety and welfare of these States, His blessing on their arms, and a speedy restoration of peace, I have deemed it proper by this proclamation to recommend that Thursdaj^, the 12th of January next, be set apart as a day on which all may have an opportunity of vol- untarily offering at the same time in their respective religious assem- blies their humble adoration to the Great Sovereign of the Universe, of confessing their sins and transgressions, and of strengthening their vows of repentance and amendment. They will be invited by the same solemn occasion to call to mind the distinguished favors conferred ou the Amer- ican people in the general health which has been enjoyed, in the abun- dant fruits of the season, in the progress of the arts instrumental to their comfort, their prosperity, and their security, and in the victories which have so powerfully contributed to the defense and protection of our country, a devout thankfulness for all which ought to be mingled with their supplications to the Beneficent Parent of the Human Race that He would be graciously pleased to pardon all their offenses against Him; to support and animate them in the discharge of their respective duties; to continue to them the precious advantages flowing from political insti- tutions so auspicious to their safety against dangers from abroad, to their tranquillity at home, and to their liberties, civil and religious; and that He would in a special manner preside over the nation in its public coun- cils and constituted authorities, giving wisdom to its measures and success to its arms in maintaining its rights and in overcoming all hostile designs and attempts against it; and, finally, that by inspiring the enemy with dispositions favorable to a just and reasonable peace its blessings may be speedily and happily restored. Given at the city of Washington, the i6th day of November, 18 14, and of the Independence of the United States the thirty-eighth. [seal.] JAMES MADISON. By the President of the United States of America, a proclamation. Among the many evils produced by the wars which with little inter- mission have afflicted Europe and extended their ravages into other James Madison 544 quarters of the globe for a period exceeding twenty years, the dispersion of a considerable portion of the inhabitants of different countries in sor- low and in want has not been the least injurious to human happiness nor the least severe in the trial of human virtue. It had been long ascertained that many foreigners, flying from the dangers of their own home, and that some citizens, forgetful of their duty, had cooperated in forming an establishment on the island of Bar- rataria, near the mouth of the river Mississippi, for the purposes of a clandestine and lawless trade. The Government of the United States caused the establishment to be broken up and destroyed, and having obtained the means of designating the offenders of every description, it only remained to answer the demands of justice by inflicting an exem- plary punishment. But it has since b-^en represented that the offenders have manifested a sincere penitence; that they have ab-^ndoned the prosecution of the worse cause for the support of the best, and particularly that they have ex- hibited in the defense of New Orleans unequivocal traits of courage and fidelity. Offenders who have refused to become the associates of the enemy in the war upon the most seducing terms of invitation and who have aided to repel his hostile invasion of the territory of the United States can no longer be considered as objects of punishment, but as ob- jects of a generous forgiveness. It has therefore been seen with great satisfaction that the general assembly of the State of Louisiana earnestly recommend those offenders to the benefit of a full pardon. And in compliance with that recommendation, as well as in considera- tion of all the other extraordinary circumstances of the case, I, James Madison, President of the United States of America, do issue this procla- mation, hereby granting, publishing, and declaring a free and full pardon of all offenses committed in violation of any act or acts of the Congress of the said United States touching the revenue, trade, and navigation thereof or touching the intercourse and commerce of the United States with foreign nations at any time before the 8th day of January, in the present year 1815, by any person or persons whomsoever being inhab- itants of New Orleans and the adjacent country or being inhabitants of the said island of Barrataria and the places adjacent: Provided, That every person claiming the benefit of this full pardon in order to entitle himself thereto shall produce a certificate in writing from the governor of the State of Louisiana stating that such person has aided in the defense of New Orleans and the adjacent country during the invasion thereof as aforesaid. And I do hereby further authorize and direct all suits, indictments, and prosecutions for fines, penalties, and forfeitures against any persoji or persons who shall be entitled to the benefit of this full pardon forth- with to be stayed, discontinued, and released; and all civil officers are 545 Messages and Papers of the Presidents hereby required, according to the duties of their respective stations, to carry tliis proclamation into immediate aud faithful execution. Done at the city of Washington, the 6th day of February, in the year r -, 1815, and of the Independence of the United States the thirty- I SGAL. I ^ nuith. JAMES MADISON. By the President: James Monroe, Acting as Secretary of State. [From Niles's Weekly Reg^ister, vol. 7, p. 397.] Jamrs Madison, President of the United States of America. To all and singidar to ■who?n these presents shall come, greethig: Whereas a treaty of peace and amity between the United States of America and His Britannic Majesty was signed at Ghent on the 24th day of December, 18 14, by the plenipotentiaries respectively appointed for that purpose; and the said treaty having been, by and with the ad- vice and consent of the Senate of the United States, duly accepted, ratified, and confirmed on the 17th day of February, 18 15, and ratified copies thereof having been exchanged agreeably to the tenor of the said treat 3^ which is in the words following, to wit: [Here follows the treaty.] Now, therefore, to the end that the said treaty of peace and amity may be observed wnth good faith on the part of the United States, I, James Madison, President as aforesaid, have caused the premises to be made public; and I do hereby enjoin all persons bearing office, civil or military, within the United States and all others citizens or inhabitants thereof or being within the same faithfully to observe and fulfill the said treaty and every clause and article thereof. In testimony whereof I have caused the seal of the United States to be affixed to these presents, and signed the same with my hand, ^c^T^AT 1 Done at the city of Washington, this i8th day of February, A. D, 18 15, and of the Sovereignty and Independence of the United States the thirty-ninth. JAMES MADISON. By the President: James Monroe, Acting Secretary of State. By the President of the United States of America. A proclamation. The Senate and House of Representatives of the United States have by a joint resolution signified their desire that a day may be recom- James Madison 546 mended to be observed by the people of the United States with rehgious solemnity as a day of thanksgiving and of devout acknowledgments to Almighty God for His great goodness manifested in restoring to them the blessing of peace. No people ought to feel greater obhgations to celebrate the goodness of the Great Disposer of Events and of the Destiny of Nations than the people of the United States. His kind providence originally conducted them to one of the best portions of the dwelling place allotted for the great family of the human race. He protected and cherished them under all the difficulties and trials to which they were exposed in their early days. Under His fostering care their habits, their sentiments, and their pursuits prepared them for a transition in due time to a state of inde- pendence and self-government. In the arduous struggle by which it was attained they were distinguished by multiplied tokens of His benign interposition. During the interval which succeeded He reared them into the strength and endowed them with the resources which have ena- bled them to assert their national rights and to enhance their national character in another arduous conflict, which is now^so happily termi- nated by a peace and reconciliation with those who have been our enemies. And to the same Divine Author of Every Good and Perfect Gift we are indebted for all those privileges and advantages, religious as well as civil, which are so richly enjoyed in this favored land. It is for blessings such as these, and more especially for the restoration of the blessing of peace, that I now recommend that the second Thursday in April next be set apart as a day on which the people of every reli- gious denomination may in their solemn assemblies unite their hearts and their voices in a freewill offering to their Heavenly Benefactor of their homage of thanksgiving and of their songs of praise. Given at the city of Washington on the 4th day of March, A. D. r 1 18 15, and of the Independence of the United States the thirty- LS1.A1..J ^.^^^^ JAMES MADISON. By the President of the United States of America. A PROCIyAMATlON. Whereas information has been received that sundry persons citizens of the United States or residents within the same, and especially within the State of I,ouisiana, are conspiring together to begin and .set on foot, provide, and prepare the means for a military expedition or enterprise against the dominions of Spain, with which the United States are hap- pily at peace; that for this purpose they are collecting arms, military stores, provisions, vessels, and other means; are deceiving and seducing honest and well-meaning citizens to engage in their unlawful enterprises; 547 Messages and Papers of the Presidents are organizing, officering, and arming themselves for the same contrary to the laws in such cases made and provided: I ha\-e therefore thought fit to issue this my proclamation, warning and enjoining all faithful citizens who have been led without due knowl- edge or consideration to participate in the said unlawful enterprises to withdraw from the same without delay, and connnanding all persons whatsoever engaged or concerned in the same to cease all further proceed- ings therein, as they will answer the contrary at their peril. And I hereby enjoin and require all officers, civil and military, of the United States or of any of the States or Territories, all judges, justices, and other officers of the peace, all military officers of the Army or Navy of the United States, and officers of the militia, to be vigilant, each within his respective department and according to his functions, in searching out and bringing to punishment all persons engaged or concerned in such enterprises, in seizing and detaining, subject to the disposition of the law, all arms, military stores, vessels, or other means provided or provid- ing for the same, and, in general, in preventing the carrying on .such expe- dition or enterprise by all the lawful means within their power. And I require all good and faithful citizens and others vdthin the United States to be aiding and assisting herein, and especially in the discovery, appre- hension, and bringing to justice of all such offenders, in preventing the execution of their unlawful combinations or designs, and in giving infor- mation against them to the proper authorities. In testimony whereof I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. [seal.] Done at the city of Washington, the ist day of September, A. D. 1815, and of the Independence of the said United States of America the fortieth. JAMES MADISON. SEVENTH ANNUAL MESSAGE. Washington, December 5, tSt/j. Fellow- Citizens of the Senate and of the House of Represe^itatives: I have the satisfaction on our present meeting of being able to com- municate to you the successful termination of the war which had been commenced against the United States by the Regency of Algiers. The squadron in advance on that ser\dce, under Commodore Decatur, lost not a moment after its arrival in the Mediterranean in seeking the naval force of the enemy then cruising in that sea, and succeeded in captur- ing two of his ships, oae ot them the principal ship, commanded by the i James Madison 548 Algerine admiral. The high character of the American commander was brilliantly sustained on the occasion which brought his own ship into close action with that of his adversary, as was the accustomed gallantry of all the officers and men actually engaged. Ha\dng prepared the wa.y by this demonstration of American skill and prowess, he hastened to the port of Algiers, where peace was promptly yielded to his victorious force. In the terms stipulated the rights and honor of the United States were particularly consulted by a perpetual relinquishment on the part of the Dey of all pretensions to tribute from them. The impressions which have thus been made, strengthened as they will have been by subsequent transactions with the Regencies of Tunis and of Tripoli by the appear- ance of the larger force which followed under Commodore Bainbridge, the chief in command of the expedition, and by the judicious precaution- ary arrangements left by him in that quarter, afford a reasonable prospect of future security for the valuable portion of our commerce which passes within reach of the Barbary cruisers. It is another source of satisfaction that the treaty of peace with Great Britain has been succeeded by a convention on the subject of commerce concluded by the plenipotentiaries of the two countries. In this result a disposition is manifested on the part of that nation corresponding with the disposition of the United Stat-es, which it may be hoped will be im- proved into liberal arrangements on other subjects on which the parties have mutual interests, or which might endanger their future harmony. Congress will decide on the expediency of promoting such a sequel by giving effect to the measure of confining the American navigation to American seamen — a measure which, at the same time that it might have that conciliatory tendency, would have the further advantage of in- creasing the independence of our navigation and the resources for our maritime defense. In conformity with the articles in the treaty of Ghent relating to the Indians, as well as with a view to the tranquilUty of our western and northwestern frontiers, measures were taken to establish an immediate peace with the several tribes who had been engaged in hostilities against the United States. Such of them as were invited to Detroit acceded readily to a renewal of the former treaties of friendship. Of the other tribes who were invited to a station on the Mississippi the greater num- ber have also accepted the peace offered to them. The residue, consist- ing of the more distant tribes or parts of tribes, remain to be brought over by further explanations, or by such other means as may be adapted to the dispositions they may finally disclose. The Indian tribes within and bordering on the southern frontier, whom a cruel war on their part had compelled us to chastise into peace, have latterly shown a restlessness which has called for preparatory meas- ures for repressing it, and for protecting the commissioners engaged itt carrying the terms of the peace into execution. 549 Messages and Papers of the Presidents The execution of the act for fixing the military peace establishment has been attended w-ith difficulties which even now can onl)' be overcome by legislative aid. The selection of officers, the payment and discharge of the troops enhsted for the war, the payment of the retained troops and their reunion from detached and distant stations, the collection and security of the public property in the Quartermaster, Commissar>', and Ordnance departments, and the constant medical assistance required in hospitals and garrisons rendered a complete execution of the act imprac- ticable on the ist of May, the period more immediately contemplated. As soon, however, as circumstances would permit, and as far as it has been practicable consistently with the public interests, the reduction of the Army has been accomplished; but the appropriations for its pay and for other branches of the military service having proved inadequate, the earliest attention to that subject will be necessar}'; and the expediency of continuing upon the peace establishment the staff officers who have hitherto been provisionally retained is also recommended to the consid- eration of Congress. In the performance of the Executive duty upon this occasion there has not been wanting a just sensibility to the merits of the American Army during the late war; but the obvious policy and design in fixing an efficient military peace establishment did not afford an opportunity to distinguish the aged and infirm on account of their past services nor the wounded and disabled on account of their present sufferings. The extent of the reduction, indeed, unavoidably involved the exclusion of many meritorious officers of every rank from the service of their country; and so equal as well as so numerous were the claims to attention that a decision by the standard of comparative merit could seldom be attained. Judged, however, in candor by a general standard of positive merit, the Army Register will, it is believed, do honor to the establishment, while the case of those officers whose names are not included in it devolves with the strongest interest upon the legislative authority for such pro- vision as shall be deemed the best calculated to give support and solace to the veteran and the invalid, to display the beneficence as well as the justice of the Government, and to inspire a martial zeal for the public service upon everj^ future emergency. Although the embarrassments arising from the want of an uniform national currency have not been diminished since the adjournment of Congress, great satisfaction has been derived in contemplating the revival of the public credit and the efficiency of the public resources. The re- ceipts into the Treasury from the various branches of revenue during the nine months ending on the 30th of September last have been esti- mated at $12,500,000 ; the issues of Treasury notes of every denomination during the same period amounted to the sum of $14,000,000, and ther? was also obtained upon loan during the same period a sum of $9,000,000, of which the sum of $6,000,000 was subscribed in cash and the sum of James Madison 550 $3,000,000 in Treasury notes. With these means, added to the sum of $1,500,000, being the balance of money in the Treasury on the ist day of January, there has been paid between the ist of January and the ist of October on account of the appropriations of the preceding and of the present year (exclusively of the amount of the Treasury notes subscribed to the loan and of the amount redeemed in the payment of duties and taxes) the aggregate sum of $33,500,000, leaving a balance then in the Treasury estimated at the sum of $3,000,000. Independent, however, of the arrearages due for military services and supplies, it is presumed that a further sum of $5,000,000, including the interest on the public debt payable on the ist of January next, will be demanded at the Treas- ury to complete the expenditures of the present year, and for which the existing ways and means will sufficiently provide. The national debt, as it was ascertained on the ist of October last, amounted in the whole to the sum of $120,000,000, consisting of the unre- deemed balance of the debt contracted before the late war ($39,000,000), the amount of the funded debt contracted in consequence of the war ($64,000,000) , and the amount of the unfunded and floating debt, includ- ing the various issues of Treasury notes, $1 7,000,000, which is in" a gradual course of payment. There will probably be some addition to the public debt upon the liquidation of various claims which are depending, and a conciliatory disposition on the part of Congress may lead honorably and advantageously to an equitable arrangement of the militia expenses incurred by the several States without the previous sanction or authority of the Government of the United States; but when it is considered that the new as well as the old portion of the debt has been contracted in the assertion of the national rights and independence, and when it is recol- lected that the public expenditures, not being exclusively bestowed upon subjects of a transient nature, will long be visible in the number and equipments of the American Navy, in the military works for the defense of our harbors and our frontiers, and in the supplies of our arsenals and magazines the amount will bear a gratifying comparison with the objects which have been attained, as well as with the resources of the country. The arrangements of the finances with a view to the receipts and expcTid- itures of a permanent peace establishment will necessarily enter into the deliberations of Congress during the present session. It is true that the improved condition of the public revenue will not only afford the means of maintaining the faith of the Government with its creditors inviolate, and of prosecuting successfully the measures of the most liberal policy, but will also justify an immediate alleviation of the burdens imposed by the necessities of the war. It is, however, essential to every modification of the finances that the benefits of an uniform national currency should be restored to the community. The absence of the precious metals will, it is believed, be a temporary evil, but until they can again be rendered the general medium of exchange it devolves on the wisdom of Congress to 55^ Messages and Papers of the Presidents provide a substitute which shall equally engage the confidence and accom- modate the wants of the citizens throughout the Union. If the operation of the State banks can not produce this result, the probable operation of a national bank will merit consideration; and if neither of these expedients be deemed eflFectual it may become necessary to ascertain the terms upon which the notes of the Government (no longer required as an instrument of credit) shall be issued upon motives of general policy as a common medium of circulation. Notwithstanding the security for future repose which the United States ought to find in their love of peace and their constant respect for the rights of other nations, the character of the times particularly incul- cates the lesson that, whether to prevent or repel danger, we ought not to be unprepared for it. This consideration will sufficiently recommend to Congress a liberal provision for the immediate extension and gradual completion of the works of defense, both fixed and floating, on our mar- itime frontier, and an adequate provision for guarding our inland frontier against dangers to which certain portions of it may continue to be ex- posed. As an improvement in our military establishment, it will deserve the consideration of Congress whether a corps of invaUds might not be so organized and employed as at once to aid in the support of meritorious individuals excluded by age or infirmities from the existing establish- ment, and to procure to the pubHc the benefit of their stationary services and of their exemplary discipline. I recommend also an enlargement of the Military Academj^ already established, and the establishment of others in other sections of the Union; and I can not press too much on the attention of Congress such a classification and organization of the militia as will most effectually render it the safeguard of a free state. If experience has shewn in the recent splendid achievements of militia the value of this resource for the public defense, it has shewn also the im- portance of that skill in the use of arms and that famiharity with the essential rules of discipline which can not be expected from the regula- tions now in force. With this subject is intimately connected the neces- sity of accommodating the laws in ever}^ respect to the great object of enabling the political authority of the Union to employ promptly and effectually the physical power of the Union in the cases designated by the Constitution. The signal services which have been rendered by our Navy and the capacities it has developed for successful cooperation in the national defense will give to that portion of the public force its full value in the eyes of Congress, at an epoch which calls for the constant vigilance of all governments. To preser^^e the ships now in a sound state, to com- plete those already contemplated, to provide amply the imperishable ma- terials for prompt augmentations, and to improve the existing arrange- ments into more advantageous estabhshments for the construction, the James Madison 552 repairs, and the security of vessels of war is dictated by the soundest policy. In adjusting the duties on imports to the object of revenue the influ- ence of the tariff on manufactures will necessarily present itself for con- sideration. However wise the theory may be which leaves to the sagacity and interest of individuals the application of their industry and resources, there are in this as in other cases exceptions to the general rule. Be- sides the condition which the theory itself implies of a reciprocal adop- tion by other nations, experience teaches that so many circumstances must concur in introducing and maturing manufacturing establishments, especially of the more complicated kinds, that a country may remain long without them, although sufficiently advanced and in some respects even peculiarly fitted for carrying them on with success. Under circumstances giving a powerful impulse to manufacturing industry it has made among us a progress and exhibited an efficiency which justify the belief that with a protection not more than is due to the enterprising citizens whose interests are now at stake it will become at an early day not only safe against occasional competitions from abroad, but a source of domestic wealth and even of external commerce. In selecting the branches more especially entitled to the public patronage a preference is obviously claimed by such as will relieve the United States from a dependence on foreign supplies, ever subject to casual failures, for articles necessary for the public defense or connected with the primary wants of individ- uals. It will be an additional recommendation of particular manufac- tures where the materials for them are extensively drawn from our agri- culture, and consequently impart and insure to that great fund of national prosperity and independence an encouragement which can not fail to be rewarded. Among the means of advancing the public interest the occasion is a proper one for recalling the attention of Congress to the great importance of establishing throughout our country the roads and canals which can best be executed under the national authority. No objects within the circle of political economy so richly repay the expense bestowed on them ; there are none the utility of which is more universally ascertained and acknowledged; none that do more honor to the governments whose wise and enlarged patriotism duly appreciates them. Nor is there any coun- try which presents a field where nature invites more the art of man to complete her own work for his accommodation and benefit. These considerations are strengthened, moreover, by the political effect of these facilities for intercommunication in bringing and binding more closely together the various parts of our extended confederacy. Whilst the States individually, with a laudable enterprise and emulation, avail them- selves of their local advantages by new roads, by navigable canals, and by improving the streams susceptible of navigation, the General Gov- ernment is the more urged to similar undertakings, requiring a national 553 Messages and Papers of the Presidents juriscliction and national means, by the prospect of thus systematically completing so inestimable a work; and it is a happy reflection that any defect of constitutional authority which may be encountered can be sup- plied in a mode which the Constitution itself has providently pointed out. The present is a favorable season also for bringing again into view the establishment of a national seminary of learning within the District of Columbia, and with means drawn from the property therein, subject to the authority of the General Government. Such an institution claims the patronage of Congress as a monument of their solicitude for the advancement of knowledge, without which the blessings of liberty can not be fully enjoyed or long preserved; as a model instructive in the formation of other seminaries; as a nursery of enlightened preceptors, and as a central resort of youth and genius from every part of their country, diffusing on their return examples of those national feelings, those lib- eral sentiments, and those congenial manners which contribute cement to our Union and strength to the great political fabric of which that is the foundation. In closing this communication I ought not to repress a sensibility, in which you will unite, to the happy lot of our country and to the good- ness of a superintending Providence, to which we are indebted for it. Whilst other portions of mankind are laboring under the distresses of war or struggling with adversity in other forms, the United States are in the tranquil enjoyment of prosperous and honorable peace. In reviewing the scenes through which it has been attained we can rejoice in the proofs given that our political institutions, founded in human rights and framed for their preservation, are equal to the severest trials of war, as well as adapted to the ordinary periods of repose. As fruits of this experience and of the reputation acquired by the American arms on the land and on the water, the nation finds itself possessed of a growing respect abroad and of a just confidence in itself, which are among the best pledges for its peaceful career. Under other aspects of our country the strongest fea- tures of its flourishing condition are seen in a population rapidly increas- ing on a territory as productive as it is extensive; in a general industry and fertile ingenuity which find their ample rewards, and in an afflu- ent revenue which admits a reduction of the public burdens without withdrawing the means of sustaining the public credit, of gradually dis- charging the public debt, of providing for the necessary defensive and pre- cautionary establishments, and of patronizing in every authorized mode undertakings conducive to the aggregate wealth and individual comfort of our citizens. It remains for the guardians of the public welfare ta persevere in that iustice and good will toward other nations which invite a return of these sentiments toward the United States; to cherish institutions which guar- antee their safety and their liberties, civil and religious; and to combine with a liberal system of foreign commerce an improvement of the national James Madison 554 advantages and a protection and extension of the independent resources of our highly favored and happy country. In all measures having such objects my faithful cooperation v/ill be afforded. JAMES MADISON. SPECIAL MESSAGES. Washington, December 6, 1815. To the Senate of the United States: I lay before the Senate, for their consideration and advice as to a rati- fication, a treaty of peace with the Dey of Algiers concluded on the 30th day of June, 18 15, with a letter relating to the same from the American commissioners to the Secretary of State. TAMES MADISON. December 6, 18 15. To the Senate of the United States: I lay before the Senate, for their consideration and advice as to a rati- fication, a convention to regulate the commerce between the United States and Great Britain, signed by their respective plenipotentiaries on the 3d of July last, with letters relating to the same from the American plen- ipotentiaries to the Secretary of State, and also the declaration with which it is the intention of the British Government to accompany the exchange of the ratification of the convention. JAMES MADISON. Washington, December 6, 18 15. To the Senate of the United States: I lay before the Senate, for their consideration and advice as to a rati- fication, treaties which have been concluded with the following Indian tribes, viz: laway tribe, Kickapoo tribe, Poutawatamie, Siouxs of the Lakes, Piankeshaw tribe, Siouxs of the River St. Peters, Great and Little Osage tribes, Yancton tribe, Mahas, Fox tribe, Teeton, Sac Nation, Kan- zas tribe, Chippewa, Ottawa, Potawatamie, Shawanoe, Wyandot, Miami, Delaware, and Seneca. I communicate also the letters from the commissioners on the part of the United States relating to their proceedings on those occasions. JAMES MADISON. Washington, December 11, 18 15, To the Senate of the United States: I transmit the original of the convention between the United States and Great Britain, as signed by their respective plenipotentiaries, on the 555 Messages and Papers of the Presidents 3d (^ay of July last, a copy of which was laid before the Senate on the 5th i istaut. I tiiuismit also a copy of the late treaty of peace with Algiers, as cer- tified by one of the commissioners of the United States, an office copy of which was laid before the Senate on the 5th instant, the original of the treaty not having been received. JAMES MADISON. December 23, 1815. To the Senate and House 0/ Representatives of the United States: I lay before Congress copies of a proclamation notifying the conven- tion concluded with Great Britain on the 3d day of July last, and that the same has been duly ratified; and I recommend to Congress such leg- islative provisions as the convention may call for on the part of the United States. JAMES MADISON. January 18, 1816. To the Seriate and House of Representatives of the United States: The accompanying extract from the occurrences at Fort Jackson in August, 18 14, during the negotiation of a treaty with the Indians shows that the friendly Creeks, wishing to give to General Jackson, Benjamin Hawkins, and others a national mark of their gratitude and regard, conveyed to them, respectively, a donation of land, with a request that the grant might be duly confirmed by the Government of the United States. Taking into consideration the peculiar circumstances of the case, the expediency of indulging the Indians in wishes which they associated with the treaty signed by them, and that the case involves an inviting opportunity for bestowing on an officer who has rendered such illustrious services to his country a token of its sensibility to them, the inducement to which can not be diminished by the delicacy and disinterestedness of his proposal to transfer the benefit from himself, I recommend to Con- gress that provision be made for carrying into effect the wishes and request of the Indians as expressed by them. JAMES MADISON. February 6, 18 16. To the Senate and House of Representatives of the United States: It is represented that the lands in the Michigan Territory designated by law toward satisfying land bounties promised the soldiers of the late army are so covered with swamps and lakes, or otherwise unfit for ctiltivation, that a very inconsiderable proportion can be applied to the James Madison 556 intended grants. I recommend, therefore, that other lands be designated by Congress for the purpose of supplying the deficiency. JAMES MADISON, March 5, 1816. To the Senate of the United States: In compliance with the resolution of the Senate of the 2d instant, they are informed that great losses having been sustained by citizens of the United States from unjust seizures and confiscations of their property by the late Government of Naples, it was deemed expedient that indem- nification should be claimed by a special mission for that purpose. The occasion may be proper, also, for securing the use and accommodations of the Neapolitan ports, which may at any time be needed by the public ships of the United States, and for obtaining relief for the American com- merce from the disadvantageous and unequal regulations now operating against it in that Kingdom, JAMES MADISON. March 9, 18 16. To the Senate and Horise of Representatives of the United States: I lay before Congress a statement of the militia of the United States according to the latest returns received by the Department of War. JAMES MADISON. ApriIv II, 1816. To the Senate and House of Representatives of the United States: With a view to the more convenient arrangement of the important and growing business connected with the grant of exclusive rights to invent- ors and authors, I recommend the establishment of a distinct office within the Department of State to be charged therewith, under a director with a salary adequate to his services, and with the privilege of franking com- munications by mail from and to the ofiice. I recommend also that fur- ther restraints be imposed on the issue of patents to wrongful claimants, and further guards provided against fraudulent exactions of fees by per- sons possessed of patents. JAMES MADISON. April 16, 18 16. To the Senate and House of Representatives of the United States: I lay before Congress copies of a convention concluded between the United States and the Cherokee Indians on the 2d day of March last, as the same has been duly ratified and proclaimed; and I recommend that ^57 Jlfrssac^rs and Papers of the Presidents such provision be made by Congress as the stipulations therein contained may require. JAMKS MADISON. April 17, 1816. To the Senate of the United States: It being presumed that further information may have changed the \"iews of the Senate relative to the importance and expediency of a mis- sion to Naples for the purpose of negotiating indemnities to our citizens for spoliations committed by the Neapolitan Government, I nominate William Pinkney, envoy extraordinary and minister plenipotentiary to Russia, to be minister plenipotentiary to Naples, specially charged with that trust, JAMES MADISON. PROCLAMATIONS. By the President of the United States of America. a proclamation. Whereas it has been represented that many uninformed or evil-disposed persons have taken possession of or made a settlement on the public lands of the United States which have not been previously sold, ceded, or leased by the United States, or the claim to which lands by such persons has not been previously recognized or confirmed by the United States, which possession or settlement is by the act of Congress passed on the 3d day of March, 1807, expressly prohibited; and Whereas the due execution of the said act of Congress, as well as the general interest, requires that such illegal practices should be promptly repressed: Now, therefore, I, James Madison, President of the United States, have thought proper to issue my proclamation commanding and strictly enjoining all persons who have unlawfully taken possession of or made any settlement on the public lands as aforesaid forthwith to remove therefrom; and I do hereby further command and enjoin the marshal, or ofl&cer acting as marshal, in any State or Territory where such possession shall have been taken or settlement made to remove, from and after the loth day of March, 18 16, all or any of the said unlawful occupants; and to effect the said service I do hereby authorize the employment of such military force as may become necessary in pursuance of the provisions of the act of Congress aforesaid, warning the offenders, moreover, that they will be prosecuted in all such other ways as the law directs. James Madison 558 In testimony whereof I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. [seal.] Done at the city of Washington, the 12th day of December, A. D. 18 15, and of the Independence of the said United States of America the fortieth. ^^^^^ MADISON. By the President: James Monroe, Secretary of State. [From Niles's Weekly Register, vol. lo, p. 208.] By the President op the United States.' a proclamation. Whereas by the act entitled "An act granting bounties in land and extra pay to certain Canadian volunteers," passed the 5th March, 18 16, it was enacted that the locations of the land warrants of the said volun- teers should "be subject to such regulations as to priority of choice and manner of location as the President of the United States shall direct:" Wherefore I, James Madison, President of the United States, in con- formity with the provisions of the act before recited, do hereby make known that the land warrants of the said Canadian volunteers may be located agreeably to the said act at the land offices at Viucennes or Jeffer- sonville, in the Indiana Territory, on the first Monday in June next, with the registers of the said land offices; that the warrantees may, in person or by their attorneys or other legal representatives, in the presence of the register and receiver of the said land district, draw lots for the priority of location; and that should any of the warrants not appear for location on that day they may be located afterwards, according to their priority of presentation, the locations in the district of Vincennes to be made at Viucennes and the locations in the district of Jeffersonville to be made at Jeffersonville. Given under my hand the ist day of May, 18 16. ^ , ^ ., JAMES MADISON. By the President: JosiAH Meigs, Commissioner of the General Land Office. EIGHTH ANNUAL MESSAGE. December 3, 18 16. Fellow-Citisens of the Senate and of the House of Representatives: In reviewing the present state of our country, our attention can not be withheld from the effect produced by peculiar seasons which have very 559 Messages and Papers o the Presidents generally impaired the annual gifts of tlic f^arth and threatened scarcity in particular districts. Such, however, is the variety of .soils, of climates, and of products within our extensive limits that the aggregate resources for subsistence are more than sufficient for the aggregate wants. And as far as an economy of consumption, more than usual, may be necessary, our thankfulness is due to Providence for what is far more than a com- pensation, in the remarkable health which has distinguished the present 3'ear. Amidst the advantages which have succeeded the peace of Europe, and that of the United States with Great Britain, in a general invigoration of iudustr>' among us and in the extension of our commerce, the value of which is more and more disclosing itself to commercial nations, it is to be regretted that a depression is experienced by particular branches of our manufactures and by a portion of our navigation. As the first proceeds in an essential degree from an excess of imported merchandise, which carries a check in its own tendency, the cause in its present extent can not be of very long duration. The evil wdll not, however, be viewed by Congress without a recollection that manufacturing establishments, if suffered to sink too low or languish too long, may not revive after the causes shall have ceased, and that in the vicissitudes of human affairs situations may recur in which a dependence on foreign sources for indis- pensable supplies may be among the most serious embarrassments. The depressed state of our navigation is to be ascribed in a material degree to its exclusion from the colonial ports of the nation most exten- sively connected with us in commerce, and from the indirect operation of that exclusion. Previous to the late convention at London between the United States and Great Britain the relative state of the navigation laws of the two countries, growing out of the treaty of 1794, had given to the British navigation a material advantage over the American in the intercourse between the American ports and British ports in Europe. The conven- tion of London equalized the laws of the two countries relating to those ports, leaving the intercourse between our ports and the ports of the British colonies subject, as before, to the respective regulations of the parties. The British Government enforcing now regulations which pro- hibit a trade between its colonies and the United States in American ves- sels, whilst they permit a trade in British vessels, the American navigation loses accordingly, and the loss is augmented by the advantage which is given to the British competition over the American in the navigation between our ports and British ports in Europe by the circuitous voyages enjoyed by the one and not enjoyed by the other. The reasonableness of the rule of reciprocity applied to one branch of the commercial intercourse has been pressed on our part as equally ap- plicable to both branches; but it is ascertained that the British cabinet dechnes all negotiation on the subject, with a disavowal, however, of any James Madison 560 disposition to view in an unfriendly light whatever countervailing regu- lations the United States may oppose to the regulations of which they complain. The wisdom of the I,egislature will decide on the course which, under these circumstances, is prescribed by a joint regard to the amicable relations between the two nations and to the just interests of the United States. I have the satisfaction to state, generally, that we remain in amity with foreign powers. An occurrence has indeed taken place in the Gulf of Mexico which, if sanctioned by the Spanish Government, may make an exception as to that power. According to the report of our naval commander on that station, one of our public armed vessels was attacked by an overpower- ing force under a Spanish commander, and the American flag, with the officers and crew, insulted in a manner calling for prompt reparation. This has been demanded. In the meantime a frigate and a smaller ves- sel of war have been ordered into that Gulf for the protection of our commerce. It would be improper to omit that the representative of His Catholic Majesty in the United States lost no time in giving the strongest assurances that no hostile order could have emanated from his Govern- ment, and that it will be as ready to do as to expect whatever the nature of the case and the friendly relations of the two countries shall be found to require. The posture of our affairs with Algiers at the present moment is not known. The Dey, drawing pretexts from circumstances for whi.ch the United States were not answerable, addressed a letter to this Government declaring the treaty last concluded with him to have been annulled by our violation of it, and presenting as the alternative war or a renewal of the former treaty, which stipulated, among other things, an annual tribute. The answer, with an explicit declaration that the United States preferred war to tribute, required his recognition and observance of the treaty last made, which abolishes tribute and the slavery of our captured citizens. The result of the answer has not been received. Should he renew his warfare on our commerce, we rely on the protection it will find in our naval force actually in the Mediterranean. With the other Barbary States our affairs have undergone no change. The Indian tribes within our limits appear also disposed to remain at peace. From several of them purchases of lands have been made par- ticularly favorable to the wishes and security of our frontier settlements, as well as to the general interests of the nation. In some instances the titles, though not supported by due proof, and clashing those of one tribe with the claims of another, have been extinguished by double purcliascs, the benevolent pohcy of the United States preferring the augmented expense to the hazard of doing injustice or to the enforcement of justice against a feeble and untutored people by means involving or threatening an effusion of blood. I am happy to add that the tranquillity which has ^ui Afcssn^rs and Papers of the Presidents been restored among the tribes themselves, as well as between them and our own population, will favor the resumption of the work of civilization which had made an encouraging progress among some tribes, and that the facility is increasing for extending that divided and indi\'idual own- ership, which exists now in movable property only, to the soil itself, and of thus establishing in the culture and improvement of it the true foundation for a transit from the habits of the savage to the arts and comforts of social life. As a subject of the highest importance to the national welfare, I must again earnesth' recommend to the consideration of Congress a reorganiza- tion of the militia on a plan which will form it into classes according to the periods of life more or less adapted to military services. An efficient militia is authorized and contemplated by the Constitution and required by the spirit and safety of free government. The present organization of our militia is universally regarded as less efficient than it ought to be made, and no organization can be better calculated to give to it its due force than a classification which wall assign the foremost place in the defense of the country to that portion of its citizens whose activity and animation best enable them to rally to its standard. Besides the con- sideration that a time of peace is the time when the change can be made with most convenience and equity, it will now be aided by the experi- ence of a recent war in which the militia bore so interesting a part. Congress will call to mind that no adequate pro\'ision has j'et been made for the uniformity- of weights and measures also contemplated by the Constitution. The great utility of a standard fixed in its nature and founded on the easy rule of decimal proportions is sufiiciently ob\d- ous. It led the Government at an early stage to preparatory steps for introducing it, and a completion of the w^ork will be a just title to the public gratitude. The importance which I have attached to the establishment of a uni- versity w4thin this District on a scale and for objects worthy of the Ameri- can nation induces me to renew my recommendation of it to the favorable consideration of Congress. And I particularly invite again their atten- tion to the expediency of exercising their existing powers, and, where nece.ssary, of resorting to the prescribed mode of enlarging them, in order to effectuate a comprehensive system of roads and canals, such as will have the effect of drawing more closely together ever>' part of our coun- try by promoting intercourse and improvements and by increasing the share of every part in the common stock of national prosperity. Occurrences having taken place which shew that the statutory- provi- sions for the dispensation of criminal justice are deficient in relation both to places and to persons under the exclusive cognizance of the national authority, an amendment of the law embracing such cases will merit the earliest attention of the Legi.slature. It will be a seasonable occasion also for inquiring how far legislative interposition may be further reqai- James Madison 562 «ite in providing penalties for offenses designated in the Constitution or in the statutes, and to which either no penalties are annexed or none with suflScient certainty. And I submit to the wisdom of Congress whether a more enlarged revisal of the criminal code be not expedient for the purpose of mitigating in certain cases penalties which were adopted into it antecedent to experiment and examples which justify and recom- mend a more lenient policy. The United States, having been the first to aboHsh within the extent of their authority the transportation of the natives of Africa into slavery, by prohibiting the introduction of slaves and by punishing their citizens participating in the traffic, can not but be gratified at the progress made by concurrent efforts of other nations toward a general suppression of so great an evil. They must feel at the same time the greater solicitude to give the fullest efficacy to their own regulations. With that xnew, the interposition of Congress appears to be required by the violations and evasions which it is suggested are chargeable on unworthy citizens who mingle in the slave trade under foreign flags and with foreign ports, and by collusive importations of slaves into the United States through adjoining ports and territories. I present the subject to Congress with a full assurance of their disposition to apply all the remedy which can be afforded by an amendment of the law. The regulations which were intended to guard against abuses of a kindred character in the trade between the several States ought also to be rendered more effectual for their humane object. To these recommendations I add, for the consideration of Congress, the expediency of a remodification of the judiciary establishment, and of an additional department in the executive branch of the Government. The first is called for by the accruing business which necessarily swells the duties of the Federal courts, and by the great and widening space within which justice is to be dispensed by them. The time seems to have arrived which claims for members of the Supreme Court a relief from itinerary fatigues, incompatible as well with the age which a por- tion of them will always have attained as with the researches and prep- arations which are due to their stations and to the juridical reputation of their country. And considerations equally cogent require a more con- venient organization of the subordinate tribunals, which may be accom- plished without an objectionable increase of the number or expense of the judges. The extent and variety of executive business also accumulating with the progress of our country and its growing population call for an addi- tional department, to be charged with duties now overburdening other departments and with such as have not been annexed to any department. The course of experience recommends, as another improvement in the executive estabUshment, that the provision for the station of Attorney- General, whose residence at the seat of Government, official connections 5^3 Af^ssagrs and Papers of the Presidents with it. and the mnnapenieiit of the pubhc business before the judiciary prechulc an extensive jxarticiiutiDn in professional enioUunents, be made more aileiiuate to his ser\-ices ami his relinciuishments, and that, with a view to his reasonable accommodation and to a proper depository of his ofticial opinions and pnx'eedings, there be included in the provision the usual appurtenances to a public ofiice. In directing the legislative attention to the state of the finances it is a subject of great gratification to find that even within the short period which has elapsed since the return of peace the revenue has far exceeded all the current demands \\\to\\ the Treasur>', and that under any prob- able dimiinition of its future annual protlucts which the vicissitudes of conunerce may occasion it will afford an ample fund for the effectual ;ulating its means by the great principles consecratetl in its charter ami by those moral princi- ples to which they are so well allietl; a (Kivennncnt which watches over the purity of elections, the freetlom of speech and of the jircss, the trial by jury, and the equr*. interdict against encroachments and compacts l)ctween religion ajid the state; which maintains inviolabl}' the maxims of public faith, the security of persons and i)roiK'rty, and encourages in every authorized mode that general diffusion of knowledge which guar- antees to public lilxjrty its permanency and to those who possess the blessing the true enjoyment of it; a Government which avoids intrusions on the internal repose of other nations, and repels them from its own; which does justice to all nations with a readiness equal to the firmness with which it requires justice from them; and which, whilst it refines its domestic code from every ingredient not congenial with the precepts of an enlightened age and the sentiments of a virtuous people, seeks by appeals to reason and by its liberal examples to infuse into the law which governs the civilized world a spirit which may diminish the frequency or circumscribe the calamities of war, and meliorate the social and benefi- cent relations of peace; a Government, in, a word, whose conduct within and without may bespeak the most noble of all ambitions — that of pro- moting peace on earth and good will to man. These contemplations, sweetening the remnant of my days, will ani- mate my prayers for the happiness of my beloved country, and a perpe- tuity of the institutions tmder which it is enjoyed. JAMES MADISON. SPECIAL MESSAGES. December 6, 1816. To the Senate and House of Representatives of the United States: The ninth section of the act passed at the last session of Congress "to authorize the payment for property lost, captured, or destroyed by the enemy while in the military service of the United States, and for other purposes, ' ' having received a construction giving to it a scope of great and uncertain extent, I thorght it proper that proceedings relative to claims under that part of the act should be suspended until Congress should have an opportunity of defining more precisely the cases contemplated by them. With that \'iew I now recommend the subject to their con- sideration. They will have an opportunity at the same time of consid- ering how far other provisions of the act may be rendered more clear and precise in their import. JAME3 MADISON, James Madison 566 Deckmber 10, 18 16. To the Senate of the United States: I lay before the Senate, for their consideration and advice as to a rati- fication, treaties conchided with the several Indian tribes according to the following statement: A UST OF INDIAN TRIBES WITH WHOM TREATIES HAVE BEEN MADE SINCE THB I.AST SESSION OF CONGRESS. ' Weas and Kickapoos tribes of Indians.— Tr&aX.y concluded at Fort Harrison between Benjamin Parke and the chiefs and headmen of those tribes the 4th June, 1S16. Otlawas, Chippewas, and Pottowotomees. — ^Treaty concluded at St. Louis between Governors Clarke, Edwards, and Colonel Choteau and the chiefs and headmen of those tribes on the 24th August, 18 16. Winnebago tribes.— Made by the same persons on part United States and the headmen of this tribe at St. Louis 3d June, 1816. Sacks of Rock River.— lAa.de by same at St. Louis 13th May, 1816. Siouxs compositig three tribes, the Siouxs of the Leaf, the Siouxs of the Broad Leaf, atid the Siouxs who Shoot on the Pine-tops. — Made and concluded by the same at St. Louis ist June, 1816. Chickasaw tribe. — Treaty made by General Jackson, David Merrewether, esq., and Jesse Franklin, esq., and the headmen of that nation at Chickasaw council house 2oth September, 1816. Cherokee tribe. — Treaty made by General Jackson, David Merrewether, esq., and Jesse Franklin, esq., and the headmen of that nation at Turkey Town on the 4th October, 1816. Choctaw tribe. — Treaty made by General John Coffee, John Rhea, and John McKee, esquires, and the headmen and warriors of that nation at the Choctaw trading house on the 24th of October, x8i6. , JAMES MADISON. December 13, 18 16. To the Senate of the United States: A treaty of commerce between the United States and the King of Sweden and Norway having been concluded and signed on the 4th day of September last by their plenipotentiaries, I lay the same before the Senate for their consideration and advice as to a ratification. JAMES MADISON. December 21, 18 16. To the House of Representatives of the United States: In compliance with the resolution of the House of Representatives of the 6th instant, I transmit to them the proceedings of the commissioner appointed under the act "to authorize the payment for property lost, captured, or destroyed by the enemy while in the military service of the United States, and for other purnosp-' " as reported by the commissioner to the Department of War. JAMES MADISON. 5^»7 Messages and Papers of the Presidents Decembkr 26, 1816. To the Sniate and House of Representatives of the United States: It is found that Uie existing laws have not the efficacy necessary to prevent violations of the ohligatitnis of the United States as a nation at peace toward belligerent parties and other luilawful acts on the high seas by armed vessels eciuippcd within the waters of the United States. With a view to maintain more effectually the respect due to the laws, to the character, and to the neutral and pacific relations of the United States, I recommend to the consideration of Congress the expediency of such further legislative provisions as may be requisite for detaining vessels actually equipped, or in a course of equipment, with a warlike force witliiu the jurisdiction of the United States, or, as the case may be, for obtaining from the owners or commanders of such vessels adequate securities against the abuse of their armaments, with the exceptions in such provisions proper for the cases of merchant vessels furnished with the defensive armaments usual on distant and dangerous expe- ditions, and of a private commerce in militar}' stores permitted by our laws, and which the law of uatiuus does not require the United vStates to piuhibit, JAMES MADISON. January 25, 18 17. To the Senate and Hoiise of RepyesPfiiafives of the United States: I lay before Congress copies of ratified treaties between the United States and the following Indian tribes: First. The Wea and Kickapoo. Second. The united tribes of Ottawas, Chippawas, and Potowotomies residing on the Illinois and Melwakee rivers and their waters and on the southwestern parts of Lake Michigan. Third. That portion of the Winnebago tribe or nation residing on the Ouisconsin River. Fourth. The Sacs of Rock River and the adjacent country. Fifth. Eight bands of the Siouxs, composing the three tribes called the Siouxs of the Leaf, the Siouxs of the Broad Leaf, and the Siouxs who Shoot in the Pine Tops. Sixth. The Chickasaw tribe of Indians. Seventh. The Cherokee tribe of Indians. Eighth. The Chactaw tribe of Indians. Congress will take into consideration how far legislative provisions may be necessary for carrying into effect stipulations contained in the said treaties. JAMES MADISON. James Madison 568 January 31, 1817. To the Seriate and House of Representatives of the United States: The envoy extraordinary and minister plenipotentiary of His Most Christian Majesty having renewed, under special instructions from his Government, the claim of the representative of Baron de Beaumarchais for 1,000,000 livres, which were debited to him in the settlement of his accounts with the United States, I lay before Congress copies of the memoir on that subject addressed by the said envoy to the Secretary of State. Considering that the sum of which the million of livres in question made a part was a gratuitous grant from the French Government to the United States, and the declaration of that Government that that part of the grant was put into the hands of M. de Beaumarchais as its agent, not as the agent of the United States, and was duly accounted for by him to the French Government; considering also the concurring opinions of two Attorneys- General of the United States that the said debit was not legally sustainable in behalf of the United States, I recommend the case to the favorable attention of the Legislature, whose authority alone can anally decide on it. ^^^^ MADISON. February 3, 18 17. To the Senate and House of Representatives of the United States: The Government of Great Britain, induced by the posture of the rela- tions with the United States which succeeded the conclusion of the recent commercial convention, issued an order on the 17th day of August, 18 15, discontinuing the discriminating duties payable in British ports on American vessels and their cargoes. It was not until the 22d of De- cember following that a corresponding discontinuance of discriminating duties on British vessels and their cargoes in American ports took effect under the authority vested in the Executive by the act of March, 18 16. During the period between those two dates there was consequently a failure of reciprocity or equality in the existing regulations of the two countries. I recommend to the consideration of Congress the expediency of paying to the British Government the amount of the duties remitted during the period in question to citizens of the United States, subject to a deduction of the amount of whatever discriminating duties may have commenced in British ports after the signature of that convention and been collected previous to the 17th of August, 18 15. JAMES MADISON. February 6, 18 17. To the Senate and House of Representatives of the United States: On comparing the fourth section of the act of Congress passed March 31, 18 14, providing for the indemnification of certain claimants of public ^6o Afi'ssni^t\^ and Papers of (he Presidents lands in the Mississippi Territory, with the article of agreement and cession between the ITnited States and State of Georgia, bearing date April 30, iSoj, it appears that the engagements entered into with the claimants interfere with the rights and interests secnred to that State. 1 reconunend to Congress that j^rovision be made by law for payments to the State of Georgia eqnal to the amonnt of Mississippi stock which shall Ini paid into the Treasury until the stipulated sum of $1,250,000 '^hall be completed. JAMES MADISON. VETO MESSAGE. March 3, 1817. To the House of ReprcscntaUvcs of the U^iitcd States: Having considered the bill this day presented to me entitled "An act to set apart and pledge certain funds for internal improvements," and which sets apart and pledges funds ' ' for constructing roads and canals, and impro\'ing the na\'igation of water courses, in order to facilitate, pro- mote, and give securit}' to internal commerce among the several States, and to render more easy and less expensive the means and provisions for the common defense," I am constrained by the insuperable difficulty I feel in reconciling the bill with the Constitution of the United States to return it with that objection to the House of Representatives, in which it originated. The legislative powers vested in Congress are specified and enumerated in the eighth section of the first article of the Constitution, and it does not appear that the power proposed to be exercised by the bill is among the enumerated powers, or that it falls by any just interpretation within the power to make laws necessar>'' and proper for carr^dng into execution those or other powers vested by the Constitution in the Government of the United States. ' ' The power to regulate commerce among the several States ' ' can not include a power to construct roads and canals, and to improve the navi- gation of w^ater courses in order to facilitate, promote, and secure such a commerce without a latitude of construction departing from the ordinary import of the terms strengthened by the known inconveniences which doubtless led to the grant of this remedial power to Congress. To refer the power in question to the clause ' ' to provide for the com- mon defense and general welfare* ' would be contrary to the established and consistent rules of interpretation, as rendering the special and careful enumeration of powers which follow the clause nugatory and improper. James Madison 570 Such a view of the Constitution would have the effect of giving to Con- gress a general power of legislation instead of the defined and limited one hitherto understood to belong to them, the terms ' ' common defense and general welfare" embracing every object and act within the purview of a legislative trust. It would have the effect of subjecting both the Con- stitution and laws of the several States in all cases not specifically ex- empted to be superseded by laws of Congress, it being expressly declared ' ' that the Constitution of the United States and laws made in pursuance thereof shall be the supreme law of the land, and the judges of every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding." Such a view of the Constitu- tion, finally, would have the effect of excluding the judicial authority of the United States from its participation in guarding the boundary be- tween the legislative powers of the General and the State Governments, inasmuch as questions relating to the general welfare, being questions of policy and expediency, are unsusceptible of judicial cognizance and decision. A restriction of the power ' ' to provide for the common defense and general welfare ' ' to cases which are to be provided for by the expendi- ture of money would still leave within the legislative power of Congress all the great and most important measures of Government, money being the ordinary and necessary means of carrying them into execution. If a general power to construct roads and canals, and to improve the navigation of water courses, with the train of powers incident thereto, be not possessed by Congress, the assent of the States in the mode pro\'ided in the bill can not confer the power. The only cases in which the con- sent and cession of particular States can extend the power of Congress are those specified and provided for iu the Constitution. I am not unaware of the great importance of roads and canals and the improved navigation of water courses, and that a power in the National Legislature to provide for them might be exercised with signal advantage to the general prosperity. But seeing that such a power is not expressly given by the Constitution, and believing that it can not be deduced from any part of it without an inadmissible latitude of construction and a reliance on insufficient precedents; believing also that the permanent success of the Constitution depends on a definite partition of powers between the General and the State Governments, and that no adec^uate landmarks would be left by the constructive extension of the powers of Congress as proposed in the bill, I have no option but to withhold my signature from it, and to cherishing the hope that its beneficial objects may be attained by a resort for the necessary pov ers to the same wisdom and virtue in the nation which established the Constitution in its actunl form and providently marked out in the instrument itself a safe and practicable mode of improving it as experience might suggest. JAMES MADISON. 371 M^ssa^es ami Papers of the Presidents PROCLAMATION. [From Aunsls of Congress, l-ourtttntl\ Conprcss, second session, ai8.] Washington, 7^7/ 7/a;j /, jStj. To the Senators of the United States, respectively. vSik: Objects interesting to the United States requiring that the Senate should be in session on the 4th of March next to receive such communi- cations as may be made to it on the part of the Executive, your attend- ance in the Senate Chamber in this city on that day is accordingly ^ JAMES MADISON. ERRATA. [These r)roclamations were not found in time for insertion iu their proper places; see pp. 91 and 170.] PROCLAMATION. Philadelphia, March i, lygi. The President of the United States to the President of the Senate : Certain matters touching the public good requiring that the Senate shall be convened on Friday, the 4th instant, I have desired their attendance, as I do yours, by these presents, at the Senate Chamber in Philadelphia on that day, then and there to receive and deliberate on such communications as shall be made to you on my part. G? WASHINGTON. PROCLAMATION. United States, March j, 1795- The President of the United States to , Senator for the State of Certain mJitters touching the public good requiring that the Senate shall be convened on Monday, the 8lh of June next, you are desired to attend the Senate Chamber in Philadelphia on that day, then and there to receive and deliberate on such communications as shall be made to you on my part. GP WASHINGTON. S James Monroe March 4, 1817, to March 4, 1826 SEE VOLUME XL Volume eleven is not only an index to the other volumes, not only a key that unlocks the treasures of the entire publication, but it is in itself an alplia])elically arranged brief history or story of the great controlling events constituting the His- tory of the United States. Under its proper alphabetical classification the storj^ is told of every great sub- ject referred to by any of the Presidents in their official Messages, and at the end of each story the official utterances of the Presidents themselves are cited upow the subject, so that you may readily turn to the page in the body of the work itself for this original information. Next to the possession of knowledge is the ability to turn at will to where knowledge is to be found. M P — vol, I — 20 >^ m^- •to AlkilSfllV ,YTHU03 HOQUOJ TA 3MOH v». HOME AT LOUDON COUNTY, VIRGINIA, OF JAMES MONROE with official Dortralt engraved from copy of original In steel /^^. ■^^^ James Monroe James Monroe was born April 28, 1758, m Westmoreland County, Va. He was the son of Spence Monroe and Elizabeth Jones, both natives of Virginia. When in his eighteenth year he enlisted as a private soldier in the Army to fight for independence; was in several battles, and was wounded in the engagement at Trenton; was promoted to the rank of cap- tain of infantry. During 1777 and 1778 he acted as aid to Lord Stirling, and distinguished himself. He studied law under the direction of Thomas Jefferson, then governor of Virginia, who in 1780 appointed him to visit the army in South Carolina on an important mission. In 1782 he was elected to the Virginia assembly by the county of King George, and was b}" that body chosen a member of the executive council. The next year he was chosen a dels;gate to the Continental Congress, and remained a member until 1786; while a member he married a Miss Kortright, of New York City. Retiring from Congress, he began the practice of law at Fredericksburg, Va. , but was at once elected to the legislature. In 1788 was a delegate to the State convention assembled to consider the Federal Constitution. Was a Senator from Virginia from 1790 to 1794. In Maj^, 1794, was appointed by Washington minister to France. He was recalled in 1796, and was again elected to the legislature. In 1799 was elected governor of Virginia. In 1802 was appointed by President Jefferson envoy extraordinary to France, and in 1803 was sent to Lon- don as the successor of Rufus King. In 1805 performed a diplomatic mission to Spain in relation to the boundary of Louisiana, returning to London the following year; returned to the United States in 1808. In 181 1 was again elected governor of his State, but in the same year re- signed that office to become Secretary of State under President Madison. After the capture of Washington, in 18 14, he was appointed to the War Department, which position he held until 18 15, without relinquishing the office of Secretary of State. He remained at the head of the Department of State until the close of Mr. Madison's term. Was elected President in 18 1 6, and reelected in 1820, retiring March 4, 1825, to his residence in Loudoun County, Va. In 1829 was elected a member of the conven- tion called to revise the constitution of the State, and was unanimously chosen to preside over its deliberations. He was forced by ill health to retire from office, and removed to New York to reside with his son-in- law, Mr. Samuel L. Gouverneur. He died July 4, 1831 , and was buried in New York City, but in 1858 his remains were removed to Richmond, Va. 572 573 Afvssa^c's and I'apcrs of the Presidents LETTER FROM THE PRESIDENT ELECT. The rresident of the Senate coninmnicated the following letter from the President elect of the United States: City op Washington, March /, jSiy. Hon. John' Gaillard, President of the Senate of the United States. Sir: I beg leave through you to inform the honorable Senate of the United States that I propose to take the oath which the Constitution prescribes to the President of the United States before he enters on the execution of his office on Tuesday, the 4th instant, at 12 o'clock, in the Chamber of the House of Representatives. I have the honor to be, with the greatest respect, sir, your most obe- dient and most humble servant, JAMES MONROE. FIRST INAUGURAL ADDRESS. I should be destitute of feeling if I was not deeply affected by the strong proof which my fellow-citizens have given me of their confidence in calling me to the high office whose functions I am about to assume. As the expression of their good opinion of my conduct in the public service, I derive from it a gratification which those who are conscious of having done all that they could to merit it can alone feel. My sensibility is increased by a just estimate of the importance of the trust and of the nature and extent of its duties, with the proper discharge of which the highest interests of a great and free people are intimately connected. Conscious of my own deficiency, I cannot enter on these duties without great anxiety for the result. From a just responsibility I will never shrink, calculating with confidence that in my best efforts to promote the public welfare my motives will always be duly appreciated and my conduct be viewed with that candor and indulgence which I have ex- perienced in other stations. In commencing the duties of the chief executive office it has been the practice of the distinguished men who have gone before me to explain the principles which would govern them in their respective Administrations. In following their venerated example my attention is naturally drawn to the great causes which have contributed in a principal degree to produce the present happy condition of the United States. They will best ex- James Monroe ^74 plaiJi the uature of our duties and shed much light ou the policy which ought to be pursued in future. From the commencement of our Revolution to the present day almost forty years have elapsed, and from the establishment of this Constitution twenty-eight. Through this whole term the Government has been what may emphatically be called self-government. And what has been the effect? To whatever object we turn our attention, whether it relates to our foreign or domestic concerns, we find abundant cause to felicitate our- selves in the excellence of our institutions. During a period fraught with difficulties and marked by very extraordinary events the United States have flourished beyond example. Their citizens individually have been happy and the nation prosperous. Under this Constitution our commerce has been wisely regulated with foreign nations and between the States; new States have been admitted into our Union; our territory has been enlarged by fair and honorable treaty, and with great advantage to the original States; the States, re- spectively protected by the National Government under a mild, paren- tal system against foreign dangers, and enjoying within their separate spheres, by a wise partition of power, a just proportion of the sover- eignty, have improved their police, extended their settlements, and at- tained a strength and maturity which are the best proofs of wholesome laws well administered. And if we look to the condition of individuals what a proud spectacle does it exhibit! On whom has oppression fallen in any quarter of our Union? Who has been deprived of any right of person or property ? Who restrained from offering his vows in the mode which he prefers to the Divine Author of his being? It is well known that all these blessings have been enjoyed in their fullest extent; and I add with peculiar satisfaction that there has been no example of a capi- tal punishment being inflicted on anyone for the crime of high treason. Some who might admit the competency of our Government to these beneficent duties might doubt it in trials which put to the test its strength and efficiency as a member of the great community of nations. Here too experience has afforded us the most satisfactory proof in its favor. Just as this Constitution was put into action several of the principal States of Europe had become much agitated and some of them seriously convulsed. Destructive wars ensued, which have of late only been terminated. In the course of these conflicts the United States received great injury from several of the parties. It was their interest to stand aloof from the con- test, to demand justice from the party committing the injury, and to cul- tivate by a fair and honorable conduct the friendship of all. War became at length inevitable, and the result has shown that our Government is equal to that, the greatest of trials, under the most unfavorable circum- stances. Of the virtue of the people and of the heroic exploits of the Army, the Navy, and the militia I need not speak. Such, then, is the happy Government under which we live— a Govern- ?/^ Affssages and Papers of the Presidents niciit adequate to every jnirjxDse for which the social compact is formed; a Govcrumeut elective in all its branches, under which every citizen may by his merit obtain the highest trust recognized by the Constitution; which contains within it no cause of discord, none to put at variance one portion of the community with another; a Government which protect.- ever>' citizen in the full enjoyment of his rights, and is able to protec the nation against injustice from foreign powers. Other considerations of the highest importance admonish us to cherish our Union and to cling to the Government which supports it. Fortunate as we are in our political institutions, we have not been less so in other circumstances on which our prosperity and happiness essentially depend. Situated within the temperate zone, and extending through many degrees of latitude along the Atlantic, the United States enjoy all the varieties of climate, and every production incident to that portion of the globe. Pen- etrating internally to the Great Lakes and beyond the sources of the great rivers which communicate through our whole interior, no country was ever happier with respect to its domain. Blessed, too, with a fertile soil, our produce has always been very abundant, leaving, even in years the least favorable, a surplus for the wants of our fellow-men in other coun- tries. Such is our peculiar felicity that there is not a part of our Union that is not particularly interested in preserving it. The great agricultural interest of the nation prospers under its protection. Local interests artr not less fostered by it. Our fellow-citizens of the North engaged in navigation find great encouragement in being made the favored carriers of the vast productions of the other portions of the United States, while the inhabitants of these are ampl}' recompensed, in their turn, by the nurserj' for seamen and naval force thus formed and reared up for the support of our common rights. Our manufactures find a generous en- couragement by the policy w^hich patronizes domestic industry, and the surplus of our produce a steady and profitable market by local wants in less-favored parts at home. Such, then, being the highly favored condition of our countr>% it is the interest of every citizen to maintain it. What are the dangers which menace us? If any exist they ought to be ascertained and guarded against. In explaining my sentiments on this subject it ma}' be asked. What raised us to the present happy state ? How did we accomplish the Revo- lution? How remedy the defects of the first instrument of our Union, by infusing into the National Government sufl&cient power for national purposes, without impairing the just rights of the States or affecting those of individuals? How sustain and pass with glorj' through the late war? The Government has been in the hands of the people. To the people, therefore, and to the faithful and able depositaries of their trust is the credit due. Had the people of the United States been educated in different principles, had they been less intelligent, less independent, James Monroe 576 or less virtuous, can it be believed that we should have maintained the same steady and consistent career or been blessed with the same success? While, then, the constituent body retains its present sound and healthful state everything will be safe. They will choose competent and faithful representatives for every department. It is only when the people be- come ignorant and corrupt, when they degenerate into a populace, that they are incapable of exercising the sovereignty. Usurpation is then an easy attainment, and an usurper soon found. The people themselves be- come the willing instruments of their own debasement and ruin. Let us, then, look to the great cause, and endeavor to preserve it in full force. Let us by all wise and constitutional measures promote intelligence among the people as the best means of preserving our liberties. Dangers from abroad are not less deser\'ing of attention. Experien- cing the fortune of other nations, the United States maj' be again involved in war, and it may in that event be the object of the adverse party to overset our Government, to break our Union, and demolish us as a na- tion. Our distance from Europe and the just, moderate, and pacific policy of our Government may form some security against these dan- gers, but they ought to be anticipated and guarded against. Many of our citizens are engaged in commerce and navigation, and all of them are in a certain degree dependent on their prosperous state. Many are engaged in the fisheries. These interests are exposed to invasion in the wars between other powers, and we should disregard the faithful admo- nition of experience if we did not expect it. We must support our rights or lose our character, and with it, perhaps, our liberties. A people who fail to do it can scarcely be said to hold a place among independent na- tions. National honor is national property of the highest value. The sentiment in the mind of every citizen is national strength. It ought therefore to be cherished. To secure us against these dangers our coast and inland frontiers should be fortified, our Army and Navy, regulated upon just principles as to the force of each, be kept in perfect order, and our militia be placed on the best practicable footing. To put our extensive coast in such a state of defense as to secure our cities and interior from invasion will be attended with expense, but the work when finished will be permanent, and it is fair to presume that a single campaign of invasion by a naval force superior to our own, aided by a few thousand land troops, would expose us to greater expense, without taking into the estimate the loss of property and distress of our citizens, than would be sufficient for this great work. Our land and naval forces should be moderate, but adequate to the necessary purposes — the former to garrison and preserve our forti- fications and to meet the first invasions of a foreign foe, and, while con- stituting the elements of a greater force, to preserve the science as well as all the necessary implements of war in a state to be brought into at-tiv- ity in the event of war; the latter, retained within the limits proper iu a 577 Messages and Papers of the Presidents state of peace, might aid in maintaining the neutrality of the United States with dignit>' in the wars of other powers and in saving the property of their citizens from spohation. In time of war, with the enlargement of which the great naval resources of the country render it susceptible, and which should be duly fostered in time of peace, it would contribute essen- tially, both as an auxiliary of defense and as a powerful engine of annoy- ance, to diminish the calamities of war and to bring the war to a speedy and honorable termination. But it ought always to be held prominently in view that the safety of these States and of everj-thiug dear to a free people must depend in an eminent degree on the militia. Invasions may be made too formidable to be resisted by any land and naval force which it would comport either with the principles of our Government or the circumstances of the United States to maintain. In such cases recourse must be had to the great body of the people, and in a manner to produce the best effect. It is of the highest importance, therefore, that they be so organized and trained as to be prepared for an}' emergency. The arrangement should be such as to put at the command of the Government the ardent patriotism and youthful vigor of the country. If formed on equal and just principles, it can not be oppressive. It is the crisis which makes the pressure, and not the laws which provide a remedy for it. This arrangement should be formed, too, in time of peace, to be the better prepared for war. With such an organization of such a people the United States have nothing to dread from foreign invasion. At its approach an overwhelming force of gallant men might always be put in motion. Other interests of high importance will claim attention, among which the improvement of our country by roads and canals, proceeding always with a constitutional sanction, holds a distinguished place. By thus fa- cilitating the intercourse between the States we shall add much to the con- venience and comfort of our fellow-citizens, much to the ornament of the countrj^ and, what is of greater importance, we shall shorten distances, and, by making each part more accessible to and dependent on the other, we shall bind the Union more closely together. Nature has done so much for us by intersecting the country' with so many great rivers, bays, and lakes, approaching from distant points so near to each other, that the in- ducement to complete the work seems to be peculiarly strong. A more interesting spectacle was perhaps neyer seen than is exhibited within the limits of the United States — a territory- so vast and advantageously situ- ated, containing objects so grand, so useful, so happily connected in all their parts! Our manufactures will likewise require the systematic and fostering care of the Government. Possessing as we do all the raw materials, the fruit of our own soil and industry, we ought not to depend in the degree we have done on supplies from other countries. While we are thus de- pendent the sudden event of war, unsought and unexpected, can not fail James Afonroe 578 to plunge us Into the most serious difi&culties. it is important, too, that the capital which nourishes our manufactures should be domestic, as its influence in that case instead of exhausting, as it may do in foreign hands, would be felt advantageously on agriculture and every other branch of industry. Equally important is it to provide at home a market for our raw materials, as by extending the competition it will enhance the price and protect the cultivator against the casualties incident to foreign markets. With the Indian tribes it is our duty to cultivate friendly relations and to act with kindness and liberality in all our transactions. Equally' proper is it to persevere in our efforts to extend to them the advantages of civilization. The great amount of our revenue and the flourishing state of the Treasury are a full proof of the competency of the national resources for any emergency, as they are of the willingness of our fellow-citizens to bear the burdens which the public necessities require. The vast amount of vacant lands, the value of which daily augments, forms an additional resource of great extent and duration. These resources, besides accom- plishing every other necessary purpose, put it completely in the power of the United States to discharge the national debt at an early period. Peace is the best time for improvement and preparation of ey&ry kind; it is in peace that our commerce flourishes most, that taxes are most easily paid, and that the revenue is most productive. The Executive is charged oflScially in the Departments under it with the disbursement of the public money, and is responsible for the faithful application of it to the purposes for which it is raised. The I^egislature is the watchful guardian over the public purse. It is its duty to see that the disbursement has been honestly made. To meet the requisite respon- sibility every facility should be afforded to the Executive to enable it to bring the public agents intrusted with the public money .strictly and promptly to account. Nothing should be presumed against them; but if, with the requisite facilities, the public money is suffered to lie long and uselessly in their hands, they will not be the only defaulters, nor will the demoralizing effect be confined to them. It will evince a relaxation and want of tone in the Administration which will be felt by the whole com- munity. I shall do all I can to secure economy and fidelity in this impor- tant branch of the Administration, and I doubt not that the Legislature will perform its duty with equal zeal. A thorough examination should be regularly made, and I will promote it. It is particularly gratifying to me to enter on the discharge of these duties at a time when the United States are blessed with peace. It is a state most consistent with their prosperity and happiness. It will be my sincere desire to preserve it, so far as depends on the r:;xecutive, on just principles with all nations, claiming nothing unreasonable of any and rendering to each what is its due. 570 Afessngcs and Papers of the Presidents Kqiially p^atifyiti>; is it \v> witness the incroascd hannotiy of opinion whicli i>er\'acles our rnion. Discord docs not belong to our system, l^iiion is reconiincndcd as well by the free and benign principles of our Government, extendinj^ its blessinti^s to every individual, as by the other eminent advantai^es attending it. The American people have encountered together great dangers and sustained severe trials with .success. They constitute cue great family with a common imerest. Experience has enlightened us on .some questions of essential importance to the country. The progress has been slow, dictated by a just reflection and a faithful regard to every interest connected with it. To promote this harmou}' in accord with the principles of our republican Government and in a man- ner to g^ve them the most complete effect, and to advance in all other respects the best interests of our Union, will be the object of my constant and zealous exertions. Never did a government commence under auspices so favorable, not ever was success so complete. If we look to the history of other nations, ancient or modem, we find no example of a growth so rapid, so gigantic, of a people so prosperous and happy. In contemplating w'hat we have still to perform, the heart of everj^ citizen must expand with joy when he reflects how near our Government has approached to perfection; that in respect to it we have no essential improvement to make; that the great object is to preserve it in the essential principles and features w^hich char- acterize it, and that that is to be done by preserving the virtue and en- lightening the minds of the people; and as a security" against foreign dan- gers to adopt such arrangements as are indispensable to the support of our independence, our rights and liberties. If we persevere in the career in whicli we have advanced so far and in the path already traced, we can not fail, under the favor of a gracious Providence, to attain the high des- tiny which seems to await us. In the Administrations of the illustrious nen who have preceded me in this high station, with some of whom I have been connected by the closest ties from early life, examples are presented which will always be found highly instructive and useful to their successors. From these I shall endeavor to derive all the advantages which they may afford. Of my immediate predecessor, under whom so important a portion of this great and successful experiment has been made, I shall be pardoned for expressing my earnest wishes that he may long enjoy in his retirement the affections of a grateful country, the best reward of exalted talents and the most faithful and meritorious services. Relying on the aid to be de- rived from the other departments of the Government, I enter on the trust to which I have been called by the suffrages of my fellow-citizens with my fervent prayers to the Almighty that He wall be graciously pleased to cdntinue to us that protection which He has already so conspicuously dis- played in our favor. March 4, 18 17. I James Monroe 58c- PROCLAMATIOK [From Niles's Weekly Register, vol. :2, p. 176.] By TH:e Prksident of the United States, Whereas by an act entitled "An act providing for the sale of the tract of land at the lower rapids of Sandusky River," passed on the 27th day of April, 18 1 6, it was enacted that all the lands in the said tract, except the reservations made in the said act, should be offered for sale to the highest bidder at Wooster, in the State of Ohio, under the direction of the register of the land office and the receiver of public moneys at Woos- ter, and on such day or days as shall, by a pubhc proclamation of the President of the United States, be designated for that purpose; and Whereas by an act entitled "An act providing for the sale of the tract of land at the British fort at the Miami of the I^ake, at the foot of the rapids, and for other purposes," passed the 27th day of April, 1816, it was enacted that all the land contained in the said tract, except the res- ervations and exceptions made in the said act, should be offered for sale to the highest bidder at Wooster, in the State of Ohio, under the direc- tion of the register of the land ofl&ce and the receiver of public moneys at Wooster, and on such day or days as shall, by a public proclamation of the President of the United States, be designated for that purpose: Wherefore I, James Monroe, President of the United States, in con- formity with the provisions of the acts before recited, do hereby declare and make known that the lands authorized to be sold by the first-men- tioned act shall be offered for sale to the highest bidder at Wooster, in the State of Ohio, on the first Mondaj^ in July next, and continue open for seven days and no longer, and that the lands authorized to be sold by the last-mentioned act shall be offered for sale to the highest bidder at the same place on the third Tuesday in July next, and continue open for seven days and no longer. Given under my hand this 15th day of April, 18 17. By the President: JAMES MONROE. J. Meigs, Commissioner of the General Land Office FIRST ANNUAL MESSAGE. Fellow-Citizens of the Senate and of the House of Representatives: At no period of our political existence had we so much cause to felioi- tate ourselves at the prosperous and happy condition of our country. The abundant fruits of the earth have filled it with plenty. An exteti- siye and profitable commerce has greatly augmented our tevemic. Tlic 58 1 Messages and Papers of the Presidents public credit has attained an extraordinary elevation. Our preparations for defense in case of future wars, from which, by the experience of all nations, we ought not to expect to be exempted, are advancing under a well-digested system with all the dispatch which so important a work will admit. Our free Government, founded on the interest and affections of the people, has gained and is daily gaining strength. I/Dcal jealousies are rapidly yielding to more generous, enlarged, and enlightened views of national policy. For advantages so numerous aid highly important it is our duty to unite in grateful acknowledgments to that Omnipotent Being from whom they are derived, and in unceasing prayer that He will endow us with virtue and strength to maintain and hand them down in their utmost purit}^ to our latest posterity. I have the satisfaction to inform you that an arrangement which had been commenced by my predecessor watli the British Government for the reduction of the naval force by Great Britain and the United States on the Lakes has been concluded, by which it is provided that neither party shall keep in servdce on Lake Champlain more than one vessel, on Lake Ontario more than one, and on Lake Erie and the upper lakes more than two, to be armed each with one cannon only, and that all the other armed vessels of both parties, of which an exact list is interchanged, shall be dismantled. It is also agreed that the force retained shall be restricted in its duty to the internal purposes of each party, and that the arrange- ment shall remain in force until six months shall have expired after no- tice given by one of the parties to the other of its desire that it should terminate. By this arrangement useless expense on both sides and, what is of still greater importance, the danger of collision between armed ves- sels in those inland waters, which was great, is prevented. I have the satisfaction also to state that the commissioners under the fourth article of the treaty of Ghent, to whom it was referred to decide to which party the several islands in the bay of Passamaquoddy belonged under the treaty of 1783, have agreed in a report, by which all the islands in the possession of each party before the late war have been decreed to it. The commissioners acting under the other articles of the treaty of Ghent for the settlement of boundaries have also been engaged in the discharge of their respective duties, but have not yet completed them. The differ- ence which arose between the two Governments under that treaty respect- ing the right of the United States to take and cure fish on the coast of the British provinces north of om- limits, w^hich had been secured by the treaty of 1783, is still in negotiation. The proposition made by this Gov- ernment to extend to the colonies of Great Britain the principle of the convention of London, by which the commerce between the ports of the United States and British ports in Europe had been placed on a footing of equality, has been declined by the British Government. This subject having been thus amicably discussed between the two Governments, and it appearing that the British Government is unwilling to depart from its James Monroe -S2 present regulations, it remains for Congress to decide wliethci tliey will make any other regulations in consequence thereof for the protection and improvement of our navigation. The negotiation with Spain for spoliations on our commerce and the settlement of boundaries remains essentially in the state it held by the communications that were made to Congress by my predecessor. It has been evidently the policy of the Spanish Government to keep the nego- tiation suspended, and in this the United States have acquiesced, from an amicable disposition toward Spain and in the expectation that hei Government would, from a sense of justice, finally accede to such an arrangement as would be equal between the parties. A disposition has been lately shown by the Spanish Government to move in the negotia- tion, which has been met by this Government, and should the concilia- tory and friendly policy which has invariably guided our councils be reciprocated, a just and satisfactory arrangement maybe expected. It is proper, however, to remark that no proposition has yet been made from which such a result can be presumed. It was anticipated at an early stage that the contest between Spain and the colonies would become highly interesting to the United States. It was natural that our citizens should sympathize in events which affected their neighbors. It seemed probable also that the prosecution of the con- flict along our coast and in contiguous countries would occasionally inter- rupt our commerce and otherwise affect the persons and property of our citizens. These anticipations have been realized. Such injuries have been received from persons acting under authority of both the parties, and for which redress has in most instances been withheld. Through every stage of the conflict the United States have maintained an impar- tial neutrality, giving aid to neither of the parties in men, money, ships, or munitions of war. They have regarded the contest not in the light of an ordinary insurrection or rebellion, but as a civil war between parties nearly equal, having as to neutral powers equal rights. Our ports have been open to both, and every article the fruit of our soil or of the indus- try of our citizens which either was permitted to take has been equally free to the other. Should the colonies estabhsh their independence, it is proper now to state that this Government neither seeks nor would accept from them any advantage in commerce or otherwise which will not be equally open to all other nations. The colonies will in that event become independent states, free from any obligation to or connection with us which it may not then be their interest to form on the basis of a fair reci- procity. In the summer of the present year an expedition was set on foot against East Florida by persons claiming to act under the authority of some of the colonies, who took possession of Amelia Island, at the mouth of the St. Marys River, near the boundary of the State of Georgia. As this Province lies eastward of the Mississippi, and is bounded hv tlic United 5^3 Afrssaj^rs nud Papers of tJic Presidents States niicl the tK^eaii on every side, and lias been a subject of negotiation with the Government of Spain as an inilenniity for losses by spoliation or in exchange for territory of equal value westward of the Mississippi, a fact well known to the world, it excited surprise that any countenance should be given to this measure by any of the colonies. As it would be diflicult to recoucile it with the friendly relations existing between the United States and the colonies, a doubt was entertained wdiether it had been authorized by them, or any of them. This doubt has gained strength by the circumstances which have unfolded themselves in the prosecution of the enterprise, which have marked it as a mere private, unauthorized adventure. Projected and commenced with an incompetent force, reliance seems to have been placed on wdiat might be drawn, in de- fiance of our laws, from within our limits; and of late, as their resources have failed, it has assumed a more marked character of unfriendliness to us, the island being made a channel for the illicit introduction of slaves from Africa into the United States, an asylum for fugitive slaves from the neighboring States, and a popt for smuggling of every kind. A similar establishment was made at an earher period by persons of the same description in the Gulf of Mexico at a place called Galveztou, within the limits of the United States, as we contend, under the cession of Louisiana. This enterprise has been marked in a more signal manner by all the objectionable circumstances w^hich characterized the other, and more particularly by the equipment of privateers which have annoyed our commerce, and by smuggling. These establishments, if ever sanctioned by any authority' w^hatever, which is not believed, have abused their trust and forfeited all claim to consideration. A just regard for the rights and interests of the United States required that they should be suppressed, and orders have been accordingly issued to that effect. The imperious considerations which produced this measure will be explained to the par- ties whom it may in zxiy degree concern. To obtain correct information on every subject in which the United States are interested; to inspire just sentiments in all persons in authority, on either side, of our friendly disposition so far as it may comport with an impartial neutrality, and to secure proper respect to our commerce in everj' port and from every flag, it has been thought proper to send a ship of war with three distinguished citizens along the southern coast with instruction to touch at such ports as they may find most expedient for these purposes. With the existing authorities, with those in the posses- sion of and exercising the sovereignty', must the communication be held; from them alone can redress for past injuries committed by persons act- ing under them be obtained; by them alone can the commission of the like in future be prevented. Our relations with the other powers of Europe have experienced no essential change since the last session. In our intercourse with each due 9,ttention continues to t>fc paid to the protection of our commerce, and to James Monroe 584 3very other object in which the United States are interested. A strong hope is entertained that, by adhering to the maxims of a just, a candid, anil friendly policy, we may long preser^-e amicable relations with all the ])()\vers of Europe on conditions advantageous and honorable to our country. With the Barbary States and the Indian tribes our pacific relations have been preserved. In calling your attention to the internal concerns of our countrj^ the view which they exhibit is peculiarly gratifying. The payments which have been made into the Treasury show the very productive state of the public revenue. Af .er satisfying the appropriations made by law for the support of the civil Government and of the military and naval establish- ments, embracing suitable provision for fortifications and for the gradual increase of the Navy, paying the interest of the public debt, and extin- guishing more than eighteen millions of the principal, within the present year, it is estimated that a balance of more than $6,000,000 will remain in the Treasury on the ist day of January applicable to the current serv- ice of the ensuing year. The payments into the Treasury during the year 18 18 on account of imposts and tonnage, resulting principally from duties which have accrued in the present j^ear, may be fairly estimated at $20,000,000; the internal revenues at $2,500,000; the public lands at $1,500,000; bank dividends and incidental receipts at $500,000; making in the whole $24,500,000. The annual permanent expenditure for the support of the civil Gov- ernment and of the Army and l^avy, as now established by law, amounts to $11,800,000, and for the sinking fund to $10,000,000, making in the whole $21,800,000, leaving an annual excess of revenue beyond the ex- penditure of $2,700,000, exclusive of the balance estimated to be in the Treasury on the ist day of January, 18 18. In the present state of the Treasury the whole of the Louisiana debt maybe redeemed in the year 18 19, alter which, if the public debt contin- ues as it now is, above par, there will be annually about five millions of the sinking fund unexpended until the year 1825, when the loan of 1812 and the stock created by funding Treasury notes will be redeemable. It is also estimated that the Mississippi stock will be discharged dur- ing the year 1819 from the proceeds of the public lands assigned to that object, after which the receipts from those lands will annually add to the public revenue the sum of one million and a half, making the permanent annual revenue amount to $26,000,000, and leaving an annual excess of revenue after the year 18 19 beyond the permanent authorized expendi- ture of more than $4,000,000. By the last returns to the D apartment of War the militia force of the several States may be estimated at 800,000 men— infantry, artillery, and cavalry. Great part of this force is armed, and measures are taken to «inu the whole. An improvement in the organization and discipline of S'"^? Messages and Pnpers of the Presidents the niililia is one of the great objects which claims the unremitted atten- tion of Congress. The regular force amounts nearly to the number required by law, and is stationed along the Atlantic and inland frontiers. Of the naval force it has been necessary to maintain strong squadrons in the Mediterranean and in the Gulf of Mexico. From several of the Indian tribes inhabiting the country bordering on Lake Erie purchases have been made of lands on conditions very favor- able to the United States, and, as it is presumed, not less so to the tribes themselves. By these purchases the Indian title, with moderate reservations, has been extinguished to the whole of iilie land within the limits of the State of Ohio, and to a part of that in the Michigan Territory and of the State of Indiana. From the Cherokee tribe a tract has been purchased in the State of Georgia and an arrangement made by which, in exchange for lands beyond the Mississippi, a great part, if not the whole, of the land belonging to that tribe eastward of that river in the States of North Caro- lina, Georgia, and Tennessee, and in the Alabama Territory will soon be acquired. By these acquisitions, and others that may reasonably be ex- pected soon to follow, we shall be enabled to extend our settlements from the inhabited parts of the State of Ohio along Lake Erie into the Michi- gan Territory, and to connect our settlements by degrees through the State of Indiana and the Illinois Territory to that of Missouri. A simi- lar and equally advantageous effect wall soon be produced to the south, through the w^hole extent of the States and territory W' hich border on the waters emptying into the Mississippi and the Mobile. In this progress, which the rights of nature demand and nothing can prevent, marking a growth rapid and gigantic, it is our duty to make new efforts for the pres- ervation, improvement, and civilization of the native inhabitants. The hunter state can exist only in the vast uncultivated desert. It yields to the more dense and compact form and greater force of civilized popula- tion; and of right it ought to yield, for the earth was given to mankind to support the greatest number of w^hich it is capable, and no tribe or people have a right to withhold from the wants of others more than is necessary for their own support and comfort. It is gratifying to know that the reservations of land made by the treaties with the tribes on Lake Erie were made with a view to individual ownership among them and to the cultivation of the soil by all, and that an annual stipend has been pledged to supply their other wants. It will merit the consideration of Congress whether other provision not stipulated by treaty ought to be made for these tribes and for the advancement of the liberal and humane policy of the United States toward all the tribes within our limits, and more par- ticularly for their improvement in the arts of civilized life. Among the advantages incident to these purchases, and to those which have preceded, the security which may thereby be afiforded to otu: inland James Monroe rS6 frontiers is peculiarly important. With a strong barrier, consisting of our own people, thus planted on the Lakes, the Mississippi, and the Mobile, with the protection to be derived from the regular force, Indian hostil- ities, if they do not altogether cease, will henceforth lose their terror. Fortifications in those quarters to any extent will not be necessary, and the expense attending them may be saved. A people accustomed to the use of firearms only, as the Indian tribes are, will shun aven moderate works which are defended by cannon. Great fortifications will there- fore be requisite only in future along the coast and at some points in the interior connected with it. On these will the safety of our towns and the commerce of our great rivers, from the Bay of Fundy to the Mississippi, depend. On these, therefore, should the utmost attention, skill, and labor be bestowed. A considerable and rapid augmentation in the value of all the public lands, proceeding from these and other obvious causes, may henceforward be expected. The diflSculties attending early emigrations will be dissi- pated even in the most remote parts. Several new States have been ad- mitted into our Union to the west and south, and Territorial governments, happily organized, established over every other portion in which there is vacant land for sale. In terminating Indian hostilities, as must soon be done, in a formidable shape at least, the emigration, which has heretofore been great, will probably increase, and the demand for land and the aug- mentation in its value be in like proportion. The great increase of our population throughout the Union will alone produce an important effect, and in no quarter will it be so sensibly felt as in those in contemplation. The public lands are a public stock, which ought to be disposed of to the best advantage for the nation. The nation should therefore derive the profit proceeding from the continual rise in their value. Every encour- agement should be given to the emigrants consistent with a fair competi- tion between them, but that competition should operate in the first sale to the advantage of the nation rather than of individuals. Great capitalists will derive all the benefit incident to their superior wealth under any mode of sale which may be adopted. But if, looking forward to the rise in the value of the public lands, they should have the opportunity of amassing at a low price vast bodies in their hands, the profit will accrue to them and not to the public. They would also have the power in that degree to control the emigration and settlement in such a manner as their opinion of their respective interests might dictate. I submit this subject to the consideration of Congress, that such further provision ma}' be made in the sale of the public lands, with a view to the public interest, should any be deemed expedient, as in their judgment may be best adapted to the object. When we consider the vast extent of territory within the United States, the great amount and value of its productions, the connection of its T)arts, and other circumstances on which their prosperity and happiness depend, 5^7 ^/tSS(J[;t-s and Papers of the I^rcsidcHts we cati not fail to entertain a higli sense of the a(lvanta<;e to be derived from the faeility whieh niaj- he afforded in the intercourse between them by means of good roads and canals. Never did a conntr}' of such vast extent olTer ccjual inducements to improvements of this kind, nor ever were consequences of such magnitude involved in them. As this subject was acted on by Congress at the last session, and there may be adi.spo.si- tion to revive it at the present, I have brought it into view for the purpose of comnuniicating my sentiments on a very important circumstance con- nected with it with that freedom and candor which a regard for the public interest and a proper respect for Congress require. A difference of opinion has existed from the first formation of our Constitution to the present time among our most enlightened and virtuous citizens respecting the right of Congress to establish such a system of improvement. Taking into view the trust with which I am now honored, it would be improper after what has passed that this discussion should be revived with an uncer- tainty of my opinion respecting the right. Disregarding early impressions I have bestowed on the subject all the deliberation which its great impor- tance and a just sense of my duty required, and the result is a settled conxnction in my mind that Congress do not possess the right. It is not contained in any of the specified powers granted to Congress, nor can I consider it incidental to or a necessary means, viewed on the most liberal scale, for carrjdng into effect any of the powers which are specifically granted. In communicating this result I can not resist the obligation which I feel to suggest to Congress the propriet)' of recommending to the States the adoption of an amendment to the Constitution which shall give to Congress the right in question. In cases of doubtful construction, especially of such \dtal interest, it comports wnth the nature and origin of our institutions, and will contribute much to preserve them, to apply to our constituents for an explicit grant of the power. We may confidently rely that if it appears to their satisfaction that the power is necessary, it will always be granted. In this case I am happy to observe that experience has afforded the most ample proof of its utility, and that the benign spirit of conciliation and harmony which now manifests itself throughout our Union promises to such a recommendation the most prompt and favorable result. I think proper to suggest also, in case this measure is adopted, that it be recom- mended to the States to include in the amendment sought a right in Congress to institute likewis'i seminaries of learning, for the all-important purpose of diffusing knowledge among our fellow-citizens throughout the United States. Our manufactories will require the continued attention of Congress. The capital employed in them is considerable, and the knowledge acquired in the machinery and fabric of all the most useful manufactures is of great value. Their preserv^ation , which depends on due encouragement iscou- nected with the high interests of the natiou. James Alonroe 588 Although the progress of the pubhc buildings has been as favorable as circuinstauces have permitted, it is to be regretted that the Capitol is not yet in a state to receive you. There is good cause to presume that the two wings, the only parts as yet commenced, will be prepared for that pur- pose at the next session. The time seems now to have arrived when this subject may be deemed worthy the attention of Congress on a scale ade- quate to national purposes. The completion of the middle building will be necessary to the convenient accommodation of Congress, of the com- mittees, and various oflSces belonging to it. It is evident that the other public buildings are altogether insufficient for the accommodation of the several Executive Departments, some of whom are much crowded and even subjected to the necessity of obtaining it in private buildings at some distance from the head of the Department, and with inconvenience to the management of the public business. Most nations have taken an interest and a pride in the improvement and ornament of their metrop- olis, and none were more conspicuous in that respect than the ancient republics. The policy which dictated the establishment of a permanent residence for the National Government and the spirit in which it was com- menced and has been prosecuted show that such improvement w'as thought worthy the attention of this nation. Its central position, between the northern and southern extremes of our Union, and its approach to the west at the head of a great navigable river which interlocks with the Western waters, prove the wisdom of the councils which established it. Nothing appears to be more reasonable and proper than that conven- ient accommodation should be provided on a well-digested plan for the (leads of the several Departments and for the Attorney- General, and it is believed that the public ground in the city applied to these objects will be found amply sufficient. I submit this subject to the consideration of Congress, that such further provision may be made in it as to them may seem proper. In contemplating the happy situation of the United States, our atten- tion is drawn with peculiar interest to the surviving officers and soldiers of our Revolutionary army, who so eminently contributed by their ser\''- ices to lay its foundation. Most of those very meritorious citizens have paid the debt of nature and gone to repose. It is believed that among the survivors there are some not provided for by existing laws, who are reduced to indigence and even to real distress. These men have a claim on the gratitude of their country, and it will do honor to their country to provide for them. The lapse of a few years more and the opportunity will be forever lost ; indeed, so long already has been the inter\'al that the number to be benefited by any provision which may be made will not be great. It appearing in a satisfactory manner that the revenue arising from imposts and tonnage and from the sale of the public lands will be fully adequate to the support of the civil Government, of the present miUtary 589 Messa^^fs ayid Papers of the Presidents and naval establishments, incliidin}:^ the annual augmentation of the lat- ter to the extent provided for, to the payment of the interest of the public debt, and to the extinguishment of it at the times authorized, without the aid of the internal taxes, I consider it my duty to recommend to Con- gress their repeal. To impose taxes when the public exigencies require them is an obligation of the most sacred character, especially with a free people. The faithful fultillment of it is among the highest proofs of their virtue and capacity for self-government. To dispense with taxes when it may be done with perfect safety is equall}' the duty of their represen- tatives. In this instance we have the satisfaction to know that they were imposed when the demand was imperious, and have been sustained with exemplarj^ fidelity. I have to add that however gratifying it may be to me regarding the prosperous and happy condition of our country to recom- mend the repeal of these taxes at this time, I shall nevertheless be atten- tive to events, and, should any future emergency occur, be not less prompt to suggest such measures and burdens as may then be requisite and proper. JAMES MONROE. December 2, 18 17. SPECIAL MESSAGES. To the Senate of the United States: I submit to the Senate, for their consideration and advice, the following treaties entered into wdth several of the Indian tribes, to wit: A treaty of peace and friendship made and concluded by WilHam Clark, Ninian Edwards, and Auguste Choteau, commissioners on the part of the United States of America, and the chiefs and warriors of the Menomene tribe or nation of Indians, on the 30th of March, 18 17, at St. lyouis. A treaty of peace and friendship made and concluded on the 4th June, 1817, at St. Louis, by William Clark, Ninian Edwards, and Auguste Cho- teau, commissioners on the part of the United States of America, and the chiefs and warriors of the Ottoes tribe of Indians. A treaty of peace and friendship made and concluded on the 5 th June, 1817, at St. L^uis, by William Clark, Ninian Edwards, and Auguste Cho- teau, commissioners on the part of the United States of America, and the chiefs and warriors of the Poncarar tribe of Indians. A treaty concluded at the Cherokee Agency on the 8th of Jul)'', 18 17, between Major-General Andrew Jackson, Joseph McMinn, governor of the State of Tennessee, and General David Meriwether, commissioners of the United States of America, of the one part, and the chiefs, head- men, and warriors of the Cherokee Nation east of the Mississippi River James Monroe 590 and the chiefs, headmen, and warriors of the Cherokees on the Arkansas River, and their deputies, John D. Chisholm and James Rogers. A treaty concluded on the 29th day of September, 18 17, at the foot of the Rapids of the Miami of l^ake Erie, between Lewis Cass and Duncan McArthur, commissioners of the United States, and the sachems, chiefs, and warriors of the Wyandot, Seneca, Delaware, Shawnese, Potawata- mies, Ottawas, and Chippewa tribes of Indians. The Wyandots and other tribes parties to the treaty lately concluded with them have, by a deputation to this city, requested permission to retain possession of such lands as they actually cultivate and reside on, for the ensuing year. They have also expressed a desire that the reser- vations made in their favor should be enlarged, representing that they had entered into the treaty in full confidence that that would be done, preferring a reliance on the justice of the United States for &uch exten- sion rather than that the treaty should fail. The Wyandots claim an extension of their reservation to 16 miles square, and the other tribes in a proportional degree. Sufficient infor- mation is not now in the possession of the Executive to enable it to de- cide how far it may be proper to comply with the wishes of these tribes in the extent desired. The necessary information may be obtained in the course of the next year, and if they are permitted to remain in the possession of the lands they cultivate during that time such further ex- tension of their reservations may be made by law at the next session as justice and a liberal policy toward these people may require. It is sub- mitted to the consideration of the Senate whether it may not be propet to annex to their advice and consent for the ratification of the treaty a declaration providing for the above objects, JAMES MONROE. December ii, 18 17. Washington, December 75, 181';. To the Ho7ise of Representatives of the United States: In compliance with the resolution of the House of Representatives of the 8th of this month, I transmit, for the information of the House, a report from the Secretary of State, with the documents referred to in it, containing all the information in the possession of the Executive which it is proper to disclose, relative to certain persons who lately took posses- sion of Amelia Island and Galvezton, JAMES MONROE. Deckmpkr 18, 1817. To the Senate of the United States: In compliance with the resolution of the Senate of the nth of this month, I transmit, for the information of the Senate, a report from the 39^ Messages and Papers of the Presidents Secretary' of the Treasun*. relating to the progress made in suri^eying the several tracts of mihtary bounty lands appropriated by Congress foi the late army of the United States, and the time at which such surv^ey will probably be completed. JAMES MONROE. December 22, 1817. To the House of Representatives: In compliance with a resolution of the House of Representatives of the nth of this month, requesting to be informed of the present strength of the .Army of the United States, its distribution among the several mili- tary posts which it is designed to protect, and its competency to preserv^e and defend the fortifications amongst which it is distributed, and to aid in constructing such other military works, if any, as it may be deemed proper to erect for the more effectual security of the United States and of the Territories thereof, I now transmit a report from the Secretary of War which contains the information desired. JAMES MONROE. December 29, 1817. To the Senate of the United States: In compliance with a resolution of the Senate of the i6th of this month, requesting information touching the execution of so much of the first article of the treaty of Ghent as relates to the restitution of slaves, which has not heretofore been communicated, I now transmit a report of the Sec- retary of State on that subject, JAMES MONROE. December 29, 181 7. To the House of Representatives of the United States: In compliance with a resolution of the House of Representatives of the 1 2th of this month, requesting to be informed whether any, and which, of the Representatives in a list thereto annexed have held offices since the 4th of March last, designating the offices, the times of appointment and acceptance, and whether they were at that time so held or when they had been resigned, I now transmit a report from the Secretary of State which contains the information desired. JAMES MONROE. Washington, /awz/arj' 12, 18 t8. To the Senate and House of Representatives of the United States: The claim of the representatives of the late Caron de Beaumarchaiz having been recommended to the favorable consideration of the Legisla- James Monroe 592 lure by my predecessor in his message to Congress of the 31st of January last, and concurring in the sentiments therein expressed, I now transmit copies of ;i new representation relative to it received by the Secretary ot State from the minister of France, and of a correspondence on the sub- ject between the minister of the United States at Paris and the Duke of Richelieu, inclosed with that representation. JAMES MONROE. To the Senate and House of Representatives of the United States: I have the satisfaction to inform Congress that the establishment at Amelia Island has been suppressed, and without the effusion of blood. The papers which explain this transaction I now lay before Congress. By the suppression of this establishment and of that at Galveztown, which will soon follow, if it has not already ceased to exist, there is good cause to believe that the consummation of a project fraught with much injury to the United States has been prevented. When we consider the persons engaged in it, being adventurers from different countries, with very few, if any, of the native inhabitants of the Spanish colonies; the territory on which the establishments were made — one on a portion of that claimed by the United States westward of the Mississippi, the other on a part of East Florida, a Province in negotia- tion between the United States and Spain; the claim of their leader as announced by his proclamation on taking possession of Amelia Island, comprising the whole of both the Floridas, without excepting that part of West Florida which is incorporated into the State of Louisiana; their conduct while in the possession of the island making it instrumental to every species of contraband, and, in regard to slaves, of the most odious and dangerous character, it may fairly be concluded that if the enter- prise had succeeded on the scale on which it was formed much annoy- ance and injury would have resulted from it to the United States. Other circumstances were thought to be no less deserving of attention. The institution of a government by foreign adventurers in the island, distinct from the colonial governments of Buenos Ayres, Venezuela, or Mexico, pretending to sovereignty and exercising its highest ofTices, par- ticularly in granting commissions to privateers, were acts which coidd not fail to draw after them the most serious consequences. It was the duty of the Executive either to extend to this establishment all the advantages of that neutrality which the United States had proclaimed, and have observed in favor of the colonies of Spain who, by the .strength of their own population and resources, had declared their independence and were affording strong proof of their ability to maintain it, or of making the discrimination which circumstances required. Had the first course been pursued, we should not only have sanctioned all the unlawful claims and practices of this pretended Goverr.meut iu 503 AfessnQ'i's and Papers of the Presidents rcgnnl to the Uuilcil States, hut ha\e enuiileiuincxd a system of privateer- iuj; ill the Gulf of Mexico antl elsew here the ill elTeets of which might, and probably woukl, have been cleepl\- anil \ery extensively felt. The path of iluty was plain from the commencement, but it w^as pain- ful to enter \\\>o\\ it while the ol:)li_i;ation could be resisted. The law of iSi 1, lately published, and which it is therefore proper now to mention, was considered aj>plicable to the case from the moment that the procla- mation of the chief of the enteqjrise was seen, and its obligation was daily increased by other considerations of high importance already mentioned, which were deemed sufficiently strong in themselves to dictate the course which has been pursued. Early intimation having been received of the dangerous purposes of these adventurers, timely ])recautious were taken by the establishment of a force near the St. Marys to prevent their effect, or it is probable that it would have been more sensibly felt. To such establishments, made .so near to our settlements in the expec- tation of deri\-ing aid from them, it is particularly gratifying to find that very little encouragement was given. The example so conspicuously displayed by our fellow-citizens that their .sj^mpathies can not be per- verted to improper purposes, but that a love of countr>', the influence of moral principles, and a respect for the laws are predominant with them, is a sure pledge that all the \'ery flattering anticipations which have been formed of the success of our institutions will be realized. This example has proved that if our relations with foreign powers are to be changed it must be done by the constituted authorities, who alone, acting on a high responsibility, are competent to the purpose, and until siich change is thus made that our fellow-citizens will respect the existing relations by a faithful adherence to the laws which secure them. Believing that this enterprise, though undertaken by persons some of whom may have held commissions from some of the colonies, was unau- thorized by and unknown to the colonial governments, full confidence is entertained that it will be disclaimed by them, and that effectual meas- ures will be taken to prevent the abuse of their authority in all cases to the injury of the United States. For these injuries, especially those proceeding from Amelia Island, Spain w^ould be responsible if it was not manifest that, though committed in the latter instance through her territory, she was utterly unable to pre- vent them. Her territory, however, ought not to be made instrumental, through her inability to defend it, to purposes so injurious to the United States. To a country over which she fails to maintain her authority, and which she permits to be converted to the annoyance of her neighbors, her jurisdiction for the time necessarily ceases to exist. The territory of Spain will nevertheless be re.spected so far as it may be done consistently with the essential interests and safety of the United States. In expelling these adventurers from these posts it was not intended to make any coa- James Monroe cqa quest from Spain or to injure in any degree the cause of the colonies. Care will be taken that no part of the territory contemplated by the law of 1811 shall be occupied by a foreign government of any kind, or that injuries of the nature of those complained of shall be repeated; but tliis, it is expected, will be provided for with every other interest in a spirit of amity in the negotiation now depending with the Govermnent of Spain. JAMES MONROE. January 13, 1818. Washington, /awzf^rj/ ^j, 18 18. To the House of Representatives of the United States: In compliance with a resolution of the House of Representatii'es of the 9th of December last, requesting information of what roads have been made or are in progress under the authority of the Executive of the United States, the States and Territories through which they pass or are intended to pass, the periods when they were ordered to be made, and how far they have been executed, I now communicate a report from the Secretary of the Treasury, and likewise a report from the Secretary of War, containing the information which is desired. JAMES MONROE. Washington, /a;^^^- have been paid out of the finid created by said act, and for what objects; and likewise the con- tracts which may have been entered into in execution of the act afore- said on which moueys may not yet have been advanced, I now transmit a report of the Secretary of the Navy, accompanied by a report from the Board (^f Connnissioners of the Navy, with documents which contain the iuformaiiou desired. JAMES MONROE. Febkuakv 2, 1818 Washington, February 6, 18 18. To the House of Representatives of the U^iited States: I transmit to the House of Representatives a report of the Secretary oi State, in compliance w^th the resolution of said House requesting infor- mation respecting the ratification of the thirteenth article of the amend- ments to the Constitution of the United States. JAMES MONROE. Washington, Febrtiary jo, 18 18. To the Senate and House of Representatives of the United States: As the house appropriated for the President of the United States will be finished this year, it is thought to merit the attention of the Congress in what manner it should be furnished and w^hat measures ought to be adopted for the safe- keeping of the furniture in future. All the pub- lic furniture pro\'ided before 18 14 having been destroyed with the public buildings in that year, and little afterw^ards procured, owing to the inad- equacy of the appropriation, it has become necessary to provide almost ever^' article requisite for such an estabHshment, whence the sum to be expended will be much greater than at any former period. The furni- ture in its kind and extent is thought to be an object not less deser\'ing attention than the building for which it is intended. Both being national objects, each seems to have an equal claim to legislative sanction. The disbursement of the public money, too, ought, it is presumed, to be in like manner pro\dded for bj^ law. The person who may happen to be placed by the suffrage of his fellow-citizens in the high trust, having no personal interest in these concerns, should be exempted from undue responsibility respecting them. For a building so extensive, intended for a purpose exclusively na- tional, in which in the furniture provided for it a mingled regard is due to the simplicity and purity of our institutions and to the character of the people who are represented in it, the sum already appropriated has proved altogether inadequate. The present is therefore a proper time for Con- James Monroe 596 gress to take the subject into cotisideratioti, with a view to all the objects claiming atteutiou, and to regulate it by law. On a knowledge of the furniture procured and the sum expended for it a just estimate may be formed regarding the extent of the building of what will still be wanting to furnish the house. Many of the articles, being of a durable nature, may be handed down through a long series of servdce, and being of great value, such as plate, ought not to be left altogetheT and at all times to the care of servants alone. It seems to be advisable that a public agent should be charged with it during the occasional absences of the President, and have authority to transfer it from one President to another, and likewise to make reports of occasional deficiencies, as the basis on which further provision should be made. It may also merit consideration whether it may not be proper to com- mit the care of the public buildings, particularly the President's house and the Capitol, with the grounds belonging to them, including likewise the furniture of the latter, in a more special manner to a public agent. Hitherto the charge of this valuable property seems to have been con- nected with the structure of the buildings and committed to those em- ployed in it. This guard will necessarily cease when the buildings are finished, at which time the interest in them will be proportionably aug- mented. It is presumed that this trust is, in a certain degree at least, in- cidental to the other duties of the superintendent of the public buildings, but it may merit consideration whether it will not be proper to charge him with it more explicitly, and to give him authorit}' to employ one or more persons uuder him for these purposes. JAMES MONROE. Washington, February 12, iSrS. To the Se7tafe and House of Representatives: I lay before the House of Representatives copies of two commimica- tions received at the Department of State from the minister of Great Britain, and submit to their consideration the propriety of making such legislative provisions as may be necessary for a compliance with the rep- resentations contained in them. By the express terms of that compact it was, when ratified l)y the two Governments, to be in force for the term of four years from the day of its sig7iature. The revocation of all the discriminating duties became, therefore, the obUgation of both Governments /r^w that day, antl it is con- ceived that ever}^ individual who has been required to pay, and who has paid, any of the extra duties revoked by the convention has a just and lawful claim upon the respective Governments for its return. From va- rious accidents it has happened that both here and in Great Britain the cessation of the extra duties has been fixed to commence at different times. It is desirable that Congress should pass an act providing for the return 597 Messages and Papers of the Presidents of all the extra duties ifuwnpn/il'/r icith the lirvts of the ronvcvtion which have been levied upon British vessels or merchandise after the 3d of July, 1S15. The British Parliament have already set the example of fixing that day for the cessatioti of the extra duties of export by their act of 30th of June last, and the minister of the United States in London is instructed to require the extension of the same principle to all the extra duties levied on vessels and merchandise of the United States in the ports of Great Britain since that day. It is not doubted that the British Government will comply with this requisition, and that the act suggested may be passed by Congress with full confidence that the reciprocal measure will receive the sauctiou of the British Parliament. JAMES MONROE. Washington, February 23, 18 18. To the Senate of the United States: In compliance with a resolution of the Senate requesting me to cause to be laid before them a statement of all the arms and accouterments which have been manufactured at the different armories of the United States, ^\•ith the cost of each stand, and the number delivered to each State, respectively, under the act for arming the whole body of militia, I now transmit a report from the Secretary of War, with the documents marked A, B, and C, which, together with a report to him from the Ord- nance Department, contains the information required. JAMES MONROE. Washington, February 23, 18 18. To the Senate of the United States: In compliance with a resolution of the Senate of the 19th of January, 18 18, requesting information of measures which have been taken in pur- suance of so much of the act to authorize the appointment of a surveyor for lands in the northern part of the Mississijypi Territory, passed the 3d of March, 18 17, as relates to the reservation of certain sections for the purpose of laying out and establishing towns thereon, I now transmit a report from the Secretary of the Treasury, which, with the letters and charts referred to in it, contains all the information which is desired. JAMES MONROE. Washington, February 25, 1818. To the Senate and House of Representatives of the United States: The commissioners of the two Governments, under the fourth article of the treaty of Ghent, ha\nng come to a decision upon the questions sub- mitted to them, I lay before Congress copies of that decision, together with copies of the declaration signed and reported by the commissioners of this Government. JAMES MONROE. James Monroe 598 February 27, 1818. To the House of Representatives of the United States: I communicate herewith to the House of Representatives a copy of a letter from the governor of the State of South Carohna to the Secretary of State, together with extracts from the journals of proceedings in both branches of the legislature of that Commonwealth, relative to a proposed amendment of the Constitution, which letter and extracts are connected with the subject of my communication to the House of the 6th instant. JAMES MONROE. Washington, February 28, 1818. To the House of Represetitatives of the United States: I lay before the House a report from the Secretary of State, together with the papers relating to the claims of merchants of the United States upon the Government of Naples, in conformity with the resolution of the House of the 30th January last. ^^^^^ MONROE. Washington, March 11, 18 18. To the Senate of the United States: In comphance with a resolution of the Senate requesting information respecting the requisitions that were made on the contractors between the ist of June and the 24th of December, 18 17, for deposits of pro\'i- sions in advance at the several posts on the frontiers of Georgia and the adjoining territory, their conduct in compliance therewith, the amount of money advanced to B. G. Orr, and the extent of his failure, with a copy of the articles of contract entered into with him, I now lay before the Senate a report from the Secretary of War, which, with the docu- ments accompanying it, will afford the information desired. JAMES MONROE. Washington, March //, 1818. To the Senate and House of Representatives of the United States: In compliance with a resolution of the Senate of the i6th of December and of the House of Representatives of the 24th of February last, I lay before Congress a report of the Secretary of State, and the papers re- ferred to in it, respecting the negotiation with the Government of Spain. To explain fully the nature of the differences between the United States and Spain and the conduct of the parties it has been found necessary to go back to an early epoch. The recent correspondence, with the docu- ments accompanying it, will give a full view of the whole subject, and place the conduct of the United States in every stage and under every cir- cumstance, for justice, moderation, and a firm adherence to their rights, Ofl the high and honorable ground which it has invariably sustained. JAMES MONROE. 599 Messages and Papers of the Presidents Washington, March i6, 1818. To thr Senate of the United States: 111 compliance with a resolution of the Senate of the United States of the 31st of IVceniber last, reciueslin*; the President to cause to be laid before them a statement of the prLKX'edings \vhich may have ])eeu had under the act of Congress passed on the 3d March, 1S17, entitled "An act to set apart and dispose of certain public lands for the encouragement and culti- vation of the vine and olive," I now transmit a report from the Secretary of the Treasury, containing all the information possessed by the Executive relating to the proceedings under the said act. JAMES MONROE. Washington, March 16, 18 18, To the Senate of the United States: In compliance with a resolution of the Senate of the United States of the 3d of February last, requesting the President to cause to be laid before them ' ' a statement of the progress made under the act to provide for sur- veying the coast of the United States, passed Februarj' 10, 1807, and any subsequent acts on the same subject, and the expenses incurred thereby, '' I transmit a report from the Secretary of the Treasury containing the information required. JAMES MONROE. March 19, 1818. To the Senate and House of Representatives of the United States: In the course of the last summer a negotiation was commenced with the Government of the Netherlands with a view to the revival and modi- fication of the commercial treaty existing between the two countries, adapted to their present circumstances. The report from the Secretary of State which I now lay before Con- gress will show the obstacles which arose in the progress of the confer- ences between the respective plenipotentiaries, and which resulted in the agreement between them then to refer the subject to the consideration of their respective Governments. As the difl&culties appear to be of a na- ttu-e which may, perhaps, for the present be more easily removed by recip- rocal legislative regulations, formed in the spirit of amit}' and conciliation, than by conventional stipulations. Congress may think it advisable to leave the subsisting treat}' in its present state, and to meet the liberal ex- emption from discriminating tonnage duties which has been conceded in the Netherlands to the vessels of the United States b}' a similar exemp- tion to the vessels of the Netherlands which have arrived, or may here- after arrive, in our ports, commencing from the time when the exemption was granted to the vessels of the United States. I would further recom- mend to the consideration of Congress the expediency of extending the James Monroe 600 benefit of the same regulation, to commence from the passage of the law, to the vessels of Russia, Hamburg, and Bremen, and of making it pros- pectively general in favor of every nation in whose ports the vessels of the United States are admitted on the same footing as their own. JAMES MONROE. Washington, March 23, 18 18. To the Senate of the United States: I lay before the Senate a report from the Secretary of the Navy, with the estimate of the expense which will be incurred by the establishment of two dockyards for repairing vessels of the largest size. JAMES MONROE. Washington, March 25, 18 18. To the Senate and House of Representatives of the United States: I now lay before Congress all the information in the possession of the Executive respecting the war with the Seminoles, and the measures which it has been thought proper to adopt for the safety of our fellow-citizens on the frontier exposed to their ravages. The inclosed documents show that the hostilities of this tribe w^ere unprovoked, the offspring of a spirit long cherished and often manifested toward the United States, and that in the present instance it was extending itself to other tribes and daily assuming a more serious aspect. As soon as the nature and object of this combina- tion were perceived the major-general commanding the Southern division of the troops of the United States was ordered to the theater of action, charged with the management of the war and vested with the powers necessary to give it effect. The season of the year being unfavorable to active operations, and the recesses of the country affording shelter to these savages in case of retreat, may prevent a prompt termination of the war; but it may be fairly presumed that it will not be long before this tribe , and its associates receive the punishment which they have pro\'oked and justly merited. As almost the whole of this tribe inhabits the country within the limits of Florida, Spain was bound by the treaty of 1795 to restrain them from committing hostilities against the United States. We have seen with re- gret that her Government has altogether failed to fulfill this obligation, nor are we aware that it made any effort to that effect. When we con- sider her utter inability to check, even in the slightest degree, the move- ments of this tribe by her very small and incompetent force in Florida, we are not disposed to ascribe the failure to any other cause. The ina- bility, however, of Spain to maintain her authority over the territory and Indians within her limits, and in consequence to fulfill the treaty , ought not to expose the United States to other and greater injuries. When the authority of Spain ceases to exist there, the United States have a right to 6oi Afi'ssati^rs a fid Pnprrs of the Presidents pursue their enemy ou a principle of self-defense. In this instance the right is more complete and obvious because we shall perform only what Spain \Yas bound to have performed herself. To the high obligations and privileges of this great and .sacred right of self-defense will the movement of our troops be strictly confined. Orders have been given to the general in command not to enter Florida unless it be in pursuit of tfie enemy, and in that case to respect the Spanish authority wherever it is maintained; and he will be instructed to withdraw his forces from the Pro\dnce as soon as he shall have reduced that tribe to order, and secure our fellow- citizens in that quarter by satisfactory arrangements against its unpro- voked and savage hostilities in future, JAMES MONROE. Washington, March 25, 18 18. To the House of Representatives of the United States: In conformity with the resolution of the House of Representatives of the 5th of December last, I now transmit a report of the Secretary of State, with a copy of the documents which it is thought proper to com- municate relating to the independence and political condition of the Prov- inces of Spanish America, JAMES MONROE. Washington, March 26, 18 18. To the House of Representatives of the United States: I transmit to the House of Representatives, in comphance with their resolution of March 20, such information not heretofore communicated as is in the possession of the Executive relating to the occupation of Amelia Island. If any doubt had before existed of the improper conduct of the persons who authorized and of those who were engaged in the invasion and previous occupancy of that island, of the uufriendl}" spirit toward the United States w'itli which it was commenced and prosecuted, and of its injurious effect on their highest interests, particularly by its tendency to compromit them with foreign powers in all the unwarrantable acts of the adventurers, it is presumed that these documents would remove it. It appears by the letter of Mr. Pazos, agent of Commodore Aury, that the project of seizing the Floridas was formed and executed at a time when it was understood that Spain had resolved to cede them to the United States, and to prevent such cession from taking effect. The whole pro- ceeding in every stage and circumstance was unlawful. The commission to General M'Gregor was granted at Philadelphia in direct violation of a positive law, and all the measures pursued under it by him in collecting his force and directing its movements were equally unlawful. With the conduct of these persons I have always been unwilling to connect any of the colonial governments, because I never could believe that they had James Monroe 602 given their sanction either to the project in its origin or to the measures which were pursued in the execution of it. These documents confirm the opinion which I have invariably entertained and expressed in their favor. JAMES MONROE. Washington, March 28, 18 18. To the Senate of the United States: In compHance with a resolution of the Senate relative to the pensioners of the United States, the sum annually paid to each, and the States or Territories in which said pensioners are respectively paid, I now transmit a report from the Secretary of War, which, with documents marked A and B, contains all the information required. JAMES MONROE. April 6, 18 18. To the Setiate of the United States: An arrangement having been made and concluded between this Gov- ernment and that of Great Britain with respect to the naval armament of the two Governments, respectively, on the Lakes, I lay before the Senate a copy of the correspondence upon that subject, including the stipulations mutually agreed upon by the two parties. I submit it to the considera- tion of the Senate whether this is such an arrangement as the Executive is competent to enter into by the powers vested in it by the Constitution , or is such an one as requires the advice and consent of the Senate, and, in the latter case, for their advice apd consent should it be approved. JAMES MONROE. Washington, April p, 1818. To the Senate of the United States: In compHance with the resolution of the Senate requesting me to cause to be laid before them a list of the names of the several agents of Indian affairs and of agents of Indian trading houses, with the pay and emolument of the agents, respectively, I now transmit a report from the Secretary of War, which contains the information required. JAMES MONROE. April to, 1818. To the Senate of the United States: In compliance with a resolution of the Senate respecting the supplies of the Northwestern army, within certain periods therein specified, by contractors, commissaries, and agents, and the expense thereby incurred, I now transmit to them a report from the Secretary of War, which, with the documents accompanying it, will afford the information reciuired. JAMES MONROE. M P— VOT, I— 21 6c)3 Aft'ssai^ts a mi J\iptrs of the Prcsiacnts. \\'.\siiinc;T()n, April 75, 1818. To the House of K' for the Department of State of the United States, for and in behalf of the Government of the United vStates, and the Riji^ht Honorable Charles Bagot, His Britannic Majestj-'s envoy extraordinary and minister plenipotentiary, for and in behalf of His Britannic Majesty, which arrangement is in the words following, to wit: The naval force to be maintained upon the American lakes by His Majesty and the Government of the United States shall henceforth be confined to the following ves- sels on each side; that is — On Lake Ontario, to one vessel not exceeding 100 tons burden and armed with one iS-pound cannon. On the upper lakes, to two vessels not exceeding like burden each and armed tvith like force. On the waters of Lake Champlain, to one vessel not exceeding like burden and armed with like force. All other armed vessels on these lakes shall be forthwith dismantled, and no other vessels of war shall be there built or armed. If either party should hereafter be desirous of annulling this stipulation, and should give notice to that effect to the other party, it shall cease to be binding after the expiration of six months from the date of such notice. The naval force so to be limited shall be restricted to such services as will in no respect interfere with the proper duties of the armed vessels of the other party. And whereas the Senate of the United States have approved of the said arrangement and recommended that it should be carried into effect, the same having also received the sanction of His Royal Highness the Prince Regent, acting in the name and on the behalf of His Britannic Majesty: Now, therefore, I, James Monroe, President of the United States, do by this my proclamation make known and declare that the arrangement aforesaid and every stipulation thereof has been duly entered into, con- cluded, and confirmed, and is of full force and effect. Given under my hand, at the city of Washington, this 28th day of April, A. D. 18 18, and of the Independence of the United States the forty-second. JAMES MONROE. By the President: John Quincy Adams, Secretary of State. By the President of the United States, a proclamation. Whereas it appears b}'' a proclamation of the lieutenant-governor »/f His Britarmic Majesty's Province of New Brunswick bearing date the loth day of April last, and ofiBicially commimicated by his envoy extraor- James Monroe (^^(^ dinary and minister plenipotentiary residing in the United States to this Government, tliat the regulations on the subject of the trade in plaster of paris, prohil)iting the exportation thereof to certain ports of the United States, which were in force in the said Province at the time of the enact- ment of the act of the Congress of the United States entitled "An act to regulate the trade in plaster of paris," passed on the 3d day of March, 18 1 7, have been and are discontinued: Now, therefore, I, James Monroe, President of the United States, do hereby declare that fact, and that the restrictions imposed by the said act of Congress shall from the date hereof cease and be discontinued in relation to the said Province of New Brunswick. Given under my hand, at the city of Washington, this 4th day of July, A. D. 1818, and in the forty-third year of the Independence of the United States. JAMES MONROE. By the President: John Quincy Adams, Secretary of State. By the President op the United States, a proclamation. Whereas by an act of the Congress of the United States of the 3d of March, 18 15, so much of the several acts imposing duties on the ships and vessels and on goods, wares, and merchandise imported into the United States as imposed a discriminating duty of tonnage between for- eign vessels and vessels of the United States and between goods imported into the United States in foreign vessels and vessels of the United States were repealed so far as the same respected the produce or manufacture of the nation to which such foreign ship or vessel might belong, such repeal to take efTect in favor of any foreign nation whenever the Presi- dent of the United States should be satisfied that the discriminating or countervailing duties of such foreign nation so far as they operate to the disadvantage of the United States have been abolished; and Whereas satisfactory proof has been received by me from the burgo- mastery and senators of the free and Hanseatic cit}^ of Bremen that from and after the 12th day of May, 18 15, all discriminating or countervailing duties of the said city so far as they operated to the disadvantage of the United States have been and are abolished: Now, therefore, I, James Monroe, President of the United States of America, do hereby declare and proclaim that so much of the several acts imposing duties on the tonnage of ships and vessels and on goods, wares, and merchandise imported into the United States as imposed a discriminating duty of tonnage between vessels of the free and ITanseatic city of Bremen and vessels of the United States and between goods ^H^7 Mt'ssngrs a. a Papers of the Pf-esidcnts imported into the Diiitcd States in vessels of Bremen and vessels of the I'nited States are repealed so far as the same respect the produce or manufacture of the said free Hauseatic city of Bremen. Given under my hand, at the city of Washington, this 24th day of July, A. D, 1S18, and the forty-third year of the Independence of the United States. JAMES MONROE. By the President: JoHX Quixcv Adams, Secretary of State. By the President of the United States. A PROCLAMATION. Whereas by an act of the Congress of the United States of the 3d of March, 1815, so much of the several acts imposing duties on the ships and vessels and on goods, wares, and merchandise imported into the United States as imposed a discriminating duty of tonnage between for- eign vessels and vessels of the United States and between goods imported into the United States in foreign vessels and vessels of the United States were repealed so far as the same respected the produce or manufacture of the nation to which such foreign ship or vessel might belong, such repeal to take effect in favor of any foreign nation whenever the Presi- dent of the United States should be satisfied that the discriminating or countervailing duties of such foreign nation so far as they operate to the disadvantage of the United States have been abolished; and Whereas satisfactory proof has been received by me from the burgo- masters and senators of the free and Hanseatic city of Hamburg that from and after the 13th day of November, 18 15, all discriminating and counter\^ailing duties of the said city so far as they operated to the dis- advantage of the United States have been and are aboUshed: Now, therefore, I, James Monroe, President of the United States of America, do hereby declare and proclaim that so much of the several acts imposing duties on the tonnage of ships and vessels and on goods, wares, and merchandise imported into the United States as imposed a discriminating duty of tonnage between vessels of the free and Hanseatic citv of Hamburg and vessels of the United States and between goods imported into the United States in vessels of Hamburg and vessels of the United States are repealed so far as the same respect the produce or manufacture of the said free Hanseatic city of Hamburg. Given under my hand, at the city of Washington, this ist day of August, A. D. 1818, and the forty-third year of the Independence of the United States. JAMES MONROE. By the President : John Quincy Adams, Secretary of State. James Monroe 608 SECOND ANNUAL MESSAGE. November 16, 1818. fellow- Citizens of the Senate and of the House of Representatives: The auspicious circumstances under which j-ou will commence the duties of the present session will lighten the burdens inseparable from the high trust committed to you. The fruits of the earth have been unusually abundant, commerce has flourished, the revenue has exceeded the most favorable anticipation, and peace and amity are preserv^ed with foreign nations on conditions just and honorable to our countrj-. For these inestimable blessings we can not but be grateful to that Providence which watches over the destiny of nations. As the term limited for the operation of the commercial convention with Great Britain will expire early in the month of July next, and it was deemed important that there should be no interval during which that portion of our commerce which was provided for by that con^'ention should not be regulated, either by arrangement between the two Govern- ments or by the authority of Congress, the minister of the United States at London was instructed early in the last summer to invite the atten- tion of the British Government to the subject, with a view to that object. He was instructed to propose also that the negotiation which it was wished to open might extend to the general commerce of the two coun- tries, and to every other interest and unsettled difference between them particularly those relating to impressment, the fisheries, and boundaries, in the hope that an arrangement might be made on principles of recipro- cal advantage which might comprehend and provide in a satisfactory manner for all these high concerns. I have the satisfaction to state that the proposal was received by the British Government in the spirit which prompted it, and that a negotiation has been opened at London embra- cing all these objects. On full consideration of the great extent and mag- nitude of the trust it was thought proper to commit it to not less than two of our distinguished citizens, and in consequence the envoy extraor- dinary and minister plenipotentiary of the United States at Paris has been associated with our envoy extraordinary and minister plenipotentiary at London, to both of whom corresponding instructions have been given, and they are now engaged in the discharge of its duties. It is proper to add that to prevent any inconvenience resulting from the delay incident to a negotiation on so many important subjects it was agreed Ijefore enter- ing on it that the existing convention should be continued for a term not less than eight years. Our relations with Spain remain nearly in the state in which they were at the close of the last session. The convention of 1802, j^roviding for tire adjustment of a certain portion of the claims of our citizens for injuries sustained by spoliation, and so long suspended by the Spanish Cm^-) Messaq^es and Papers of the Presidents Govcnunoiit, has at length been ratified by it, but no arrangement has yet been niaile for the payment of another portion of hke claims, not less extensive or well founded, or for other classes of claims, or for the settle- ment of boundaries. These subjects have again been brought under consideration in both countries, but no agreement has been entered into resjx^cting them. In the meantime events have occurred which clearly prove the ill effect of the policy which that Government has so long pur- sued on the friendly relations of the tw^o countries, w'hich it is presumed is at least of as much importance to Spain as to the United States to maintain. A state of things has existed in the Floridas the tendency of which has been obvious to all wdio have paid the slightest attention to the progress of affairs in that quarter. Throughout the whole of those Prov- inces to which the Spanish title extends the Government of Spain has scarcely been felt. Its authority has been confined almost exclusively to the walls of Pensacola and St. Augustine, within which only small garri- sons have been maintained. Adventurers from every country-, fugitives from justice, and absconding slaves have found an asylum there. Several tribes of Indians, strong in the number of their warriors, remarkable for their ferocity, and whose settlements extend to our limits, inhabit those Provinces. These different hordes of people, connected together, disre- garding on the one side the authority of Spain, and protected on the other b3' an imaginary line which separates Florida from the United States, have \-iolated our law\s prohibiting the introduction of slaves, have practiced various frauds on our revenue, and committed every kind of outrage on our peaceable citizens w^hich their proximity to us enabled them to per- petrate. The invasion of Amelia Island last year by a small band of adventurers, not exceeding 150 in number, who wrested it from the in- considerable Spanish force stationed there, and held it several months, during which a single feeble effort onl}' was made to recover it, which failed, clearly proves how completely extinct the Spanish authority had become, as the conduct of those adventurers while in possession of the island as distinctty shows the pernicious purposes for which their combi- nation had been formed. This country had, in fact, become the theater of every species of law- less adventure. With little population of its own, the Spanish authority almost extinct, and the colonial governments in a state of revolution, hav- ing no pretension to it, and sufhcientl}' employed in their own concerns, it was in a great measure derelict, and the object of cupidity to every adven- turer. A system of buccaneering was rapidly organizing over it which menaced in its consequences the lawful commerce of every nation, and particularly of the United States, while it presented a temptation to every people, on whose seduction its success principally depended. In regard to the United States, the pernicious effect of this unlawful combination was not confined to the ocean; the Indian tribes have constituted the effective force in Florida." With these tribes these adventurers had formed-at ap James Monroe 6io early period y the Gov- ernment of Spain, It is well known to her Government that other powers have made to the United States an indemnity for like losses sustained by their citizens at the same epoch. There is nevertheless a limit beyond which this spirit of amity and for- bearance can in no instance be justified. If it was proper to rely ou amicable negotiation for an indemnity for losses, it would not have been so to have permitted the inability of Spain to fulfill her engagements and to sustain her authority in the Floridas to be perverted by foreign adven- turers and savages to purposes so destructive to the lives of our fellow- citizens and the highest interests of the United States. The right of .self- defense never ceases. It is among the most sacred, and alike necessary to nations and to individuals, and whether the attack be made by Spain herself or by those who abuse her power, its obligation is not the less strong. The invaders of Amelia Island had assumed a popular and re- spected title under which they might approach and wound us. As their object was distinctly seen, and the duty imposed on the Hxccuti\-c by an existing law was profoundly felt, that mask was not permitted to protect them. It was thought incumbent on the United States to suppress the establishment, and it was accordingly done. The combination in Florida for the unlawful purposes stated, the acts perpetrated by that comljina- tion, and, above all, the incitement of the Indians to massacre our fellow- citizens of every age and of both sexes, merited a like treatment and re- ceived it In pursuing these savages to au imaginary line in the woods ^1 1 Messages and Papers of the Presidents it would have been the height of folly to have sulTered that line to pro- tect thcni. Had that been done the war could never cease. Iwen if the territory had been exclusively that of Spain and her power complete over it. we had a right by the law of nations to follow the enemy on it and to subdue him there. But the territory belonged, in a certain sense at least, to the savage enemy who inhabited it; the power of Spain had ceased to exist over it, and protection was sought under her title by those who had committed on our citizens hostilities which she was bound by treaty to have prevented, but had not the power to prevent. To have stopped at that line w^ould have given new encouragement to these sav- ages and new vigor to the w^hole combination existing there in the pros- ecution of all its pernicious purposes. In suppressing the establishment at Amelia Island no unfriendliness was manifested toward Spain, because the post was taken from a force which had wrested it from her. The measure, it is true, was not adopted in concert with the Spanish Government or those in authority under it, because in transactions connected with the war in which Spain and the colonies are engaged it was thought proper in doing justice to the United States to maintain a strict impartiality toward both the belligerent par- ties without consulting or acting in concert with either. It gives me pleasure to state that the Governments of Buenos A^'res and Venezuela, whose names \vere assumed, have explicitly disclaimed all participation in those measures, and even the knowledge of them until communicated by this Government, and have also expressed their satisfaction that a course of proceedings had been suppressed which if justly imputable to them would dishonor their cause. In authorizing Major- General Jackson to enter Florida in pursuit of the Seminoles care was taken not to encroach on the rights of Spain. I regret to have to add that in executing this order facts were disclosed respecting the conduct of the officers of Spain in authority there in en- couraging the war, furnishing munitions of war and other supplies to carry it on, and in other acts not less marked w^hich evinced their par- ticipation in the hostile purposes of that combination and justified the confidence with which it inspired the savages that b}' those officers they would be protected. A conduct so incompatible with the friendly rela- tions existing between the two countries, particularly with the positive obhgation of the fifth article of the treaty of 1795, by which Spain was bound to restrain, even by force, those savages from acts of hostility against the United States, could not fail to excite surprise. The com- manding general was convinced that he should fail in his object, that he should in effect accomplish nothing, if he did not deprive those savages of the resource on which they had calculated and of the protection on which they had relied in making the war. As all the documents relat- ing to this occurrence will be laid before Congress, it is not necessary to enter into further detail respecting it. James Mojiroe 5j2 Although the reasons which induced Major-General Jackson to take these posts were duly appreciated, there was nevertheless no hesitation in deciding on the course which it became the Government to pursue. As there was reason to believe that the commanders of these posts had violated their instructions, there was no disposition to impute to their Government a conduct so unprovoked and hostile. An order was in con- sequence issued to the general in command there to deliver the posts — Pensacola unconditionally to any person duly authorized to receive it, and St. Marks, which is in the heart of the Indian country, on the arrival of a competent force to defend it against those savages and their associates. In entering Florida to suppress this combination no idea was enter- tained of hostility to Spain, and however justifiable the commanding general was, in consequence of the misconduct of the Spanish officers, in entering St. Marks and Pensacola to terminate it by proving to the sav- ages and their associates that they should not be protected even there, yet the amicable relations existing between the United States and Spain could not be altered by that act alone. By ordering the restitution of the posts those relations were preserved. To a change of them the power of the Executive is deemed incompetent; it is vested in Congress only. By this measure, so promptly taken, due respect was shown to the Gov- ernment of Spain. The misconduct of her officers has not been imputed to her. She was enabled to review with candor her relations with the United States and her own situation, particularly in respect to the terri- tory in- question, with the dangers inseparable from it, and regarding the losses we have sustained for which indemnity has been so long withheld, and the injuries we have suffered through that territory, and her means of redress, she was likewise enabled to take with honor the course best cal- culated to do justice to the United States and to promote her own welfare. Copies of the instructions to the commanding general, of his corre- spondence with the Secretary of War, explaining his motives and justi- fying his conduct, with a copy of the proceedings of the courts-martial in the trial of Arbuthnot and Ambristie, and of the correspondence between the Secretary of State and the minister plenipotentiary of Spain near this Government, and of the minister plenipotentiary of the United States at Madrid with the Government of Spain, will be laid before Congress. The civil war which has so long prevailed between Spain and the Provinces in South America still continues, without any prospect of its speedy termination. The information respecting the condition of those countries which has been collected by the commissioners recently returned from thence will be laid before Congress in copies of their reports, with such other information as has been received from other agents of the United States. It appears from these communications that the Government at Huciios Ayres declared itself independent in July, 1816, having previously exer- cised the power of an independent government, though in the name of the 6t3 Mfssai^^rs arid Papers of the Presidents King of SfKiin. from the year iSio; that the Banda Oriental, Entre Rios, and Parai^nay, with the city of Santa Fee, all of which are also inde- pendent, are unconnected with the present Government of Buenos Ayres; that Chili has declared itself independent and is closely connected with Buenos Ayres; that Venezuela has also declared itself independent, and now maintains the conflict with various success; and that the remaining parts of South America, except Monte Video and such other portions of the eastern bank of the La Plata as are held by Portugal, are still in the possession of Spain or in a certain degree under her influence. By a circular note addressed by the ministers of vSpaiu to the allied powers, with whom the}' are respectivelj' accredited, it appears that the allies have undertaken to mediate between Spain and the Soiitli American Provinces, and that the manner and extent of their interposition would be settled b}' a congress which was to have met at Aix-la-Chapelle in Sep- tember last. From the general policy and course of proceeding observed by the allied powers in regard to this contest it is inferred that they will confine their interposition to the expression of their sentiments, abstain- ing from the application of force. I state this impression that force will not be applied with the greater satisfaction because it is a course more consistent with justice and likewise authorizes a hope that the calamities of the war will be confined to the parties only, and will be of shorter duration. From the view taken of this subject, founded on all the information that we have been able to obtain, there is good cause to be satisfied with the course heretofore pursued by the United States in regard to this con- test, and to conclude that it is proper to adhere to it, especially in the present state of affairs. I have great satisfaction in stating that our relations with France, Rus- sia, and other powers continue on the most friendly basis. In our domestic concerns w^e have ample cause of satisfaction. The receipts into the Treasury during the three first quarters of the 5'ear have exceeded $17,000,000. After satisfying all the demands which have been made under existing appropriations, including the final extinction of the old 6 per cent stock and the redemption of a moiety of the Louisiana debt, it is estimated that there will remain in the Treasury on the ist day of January next more than $2,000,000. It is ascertained that the gross revenue which has accrued from the customs during the same period amounts to $21,000,000, and that the revenue of the whole year may be estimated at not less than $26,000,000. The sale of the public lands during the year has also greatly exceeded, both in quantity and price, that of any former year, and there is just rea- son to expect a progressive improvement in that source of revenue. It is gratifying to know that although the annual expenditure has been increased by the act of the last session of Congress providing for Revolu- Jame.'i Monroe gj^ iionary pensions to an amount about equal to the proceeds of the internal duties which were then repealed, the revenue for the ensuing year will be proportionally augmented, and that whilst the public expenditure wall probably remain stationary, each successive year will add to the national resources by the ordinary increase of our population and by the gradual development of our latent sources of national prosperity. The strict execution of the revenue laws, resulting principally from the salutary provisions of the act of the 20th of April last amending the several collection laws, has, it is presumed, secured to domestic manufac- tures all the relief that can be derived from the duties which have been imposed upon foreign merchandise for their protection. Under the influ- ence of this relief several branches of this important national interest have assumed greater activity, and although it is hoped that others will gradu- ally revive and ultimately triumph over every obstacle, yet the expediency of granting further protection is submitted to j^our consideration. The measures of defense authorized by existing laws have been pur- sued with the zeal and activity due to so important an object, and with all the dispatch practicable in so extensive and great an undertaking. The survey of our maritime and inland frontiers has been continued, and at the points where it was decided to erect fortifications the work has been commenced, and in some instances considerable progress has been made. In compliance with resolutions of the last session, the Board of Commis- sioners were directed to examine in a particular manner the parts of the coast therein designated and to report their opinion of the most suitable sites for two naval depots. This work is in a train of execution. The opinion of the Board on this subject, with a plan of all the works neces- sary to a general system of defense so far as it has been formed, will be laid before Congress in a report from the proper department as soon as it can be prepared. In conformity with the appropriations of the last session, treaties have been formed with the Quapaw tribe of Indians, inhabiting the country on the Arkansaw, and with the Great and Little Osages north of the White River; with the tribes in the State of Indiana; with the several tribes within the State of Ohio and the Michigan Territory, and with the Cliick- asaws, by which very extensive cessions of territory have been made to the United States. Negotiations are now depending with the tribes in the Illinois Territory and with the Choctaws, by which it is expected that other extensive cessions will be made. I take great interest in stating that the cessions already made, which are considered so important to the United States, have been obtained on conditions very satisfactory to the Indians, With a view to the security of our inland frontiers, it has h. To the Senate and House of Representatives of the United States: I communicate to Congress copies of applications received from the minister of Great Britain in behalf of certain British subjects who have suffered in their property by proceedings to which the United States by their militar}- and judicial officers have been parties. These injuries have been sustained under circumstances wdiicli appear to recommend strongly to the attention of Congress the claim to indemnity for the losses occa- sioned by them, which the legislative authority is alone competent to P"""^^'^^^- JAMES MONROE. February 5, 18 19. To the Senate of the United States: In compliance with a resolution of the Senate of the 25th of last month, requesting me ' ' to cause to be laid before it a copy of the rules and regu- lations adopted for the government of the Military Academy at West Point; also how man 3^ cadets have been admitted into the Academy, the time of the residence of each cadet at that institution, and how many of them have been appointed ofi&cers in the Army and Navy of the United States, ' ' I transmit a report from the Secretary of War, which, with the accompanying documents, will afford all the information required by the said resolution. JAMES MONROE. Washington, February 6, 18 ig. To the Senate and House of Representatives of the United States: I transmit to Congress a copy of a letter from Governor Bibb to Major- General Jackson, connected with the late military operations in Florida. This letter has been mislaid, or it would have been communicated with the other documents at the commencement of the session. JAMES MONROE. February 6, 18 19. To the Senate and House of Representatives of the United States: I transmit to Congress, for their consideration, applications which have been received from the minister resident of Prussia and from the senates of the free and Hanseatic cities of Hamburg and Bremen, the object of James Monroe 622 which is that the advantages secured by the act of Congress of 20th of April last to the vessels and merchandise of the Netherlands should be extended to those of Prussia, Hamburg, and Bremen. It will appear from these documents that the vessels of the United States and the merchan- dise laden in them are in the ports of those Governments, respectivel)-, entitled to the same advantages in respect to imposts and duties as those of the native subjects of the countries themselves. The principle of reciprocity appears to entitle them to the return of the same favor on the part of the United States, and 1 recommend it to Con- gress that provision to that effect may be made. JAMES MONROE. February 22, iSig. To the Senate of the United States: I transmit to the Senate a treaty of amity, settlement, and limits be- tween the United States of America and His Catholic Majesty, concluded and signed this day, for the decision of the Senate as to its ratification. Copies of the correspondence between the Secretary' of State and the minister from Spain connected with this subject since the renewal of the negotiation are likewise inclosed. JAMES MONROE. Washington, February 26, 181 p. To the Senate and House of Representatives of the United States: The treaty of amity, settlement, and limits between the United States and His Catholic Majesty having been on the part of the United States rat- ified, by and with the advice and consent of the Senate, copies of it are now transmitted to Congress. As the ratification on the part of Spain may be expected to take place during the recess of Congress, I recommend to their consideration the adoption of such legislative measures contingent upon the event of the exchange of the ratifications as may be necessary or expedient for carrying the treaty into effect in the interval between the sessions, and until Congress at their next session may see fit to make further provision on the subject. JAMES MONROE. March 2, 1819. To the Senate of the United States: A convention having been concluded between John C. Calhoun, Sec- retary of War, especially authorized therefor by me, and the chiefs and headmen of the Cherokee Nation of Indians, likewise duly authorized and empowered by said nation, I now lay the original instrument before the Senate for the exercise of its constitutional power respecting the rati- fication thereof. _ JAMES MONROE. ^'-3 Aft'ssaj^e's and Papers of the Presidents THIRD ANNUAL MESSAGE. Washington, December 7, i8iq. FeUo'iV-Ciiisens of the Senate and of the House of Representatives: The public buildings being advanced to a stage to afford accommoda- tion for Congress, I offer you my sincere congratulations on the recom- mencement of your duties in the Capitol. In bringing to view the incidents most deser\'ing attention which have occurred since your last session, I regret to have to state that several of our principal cities have suffered by sickness, that an unusual drought has prevailed in the Middle and Western States, and that a derangement has been felt in some of our monej-ed institutions which has proportion- ably affected their credit. I am happy, however, to have it in my power to assure 3'ou that the health of our cities is now completely restored; that the produce of the year, though less abundant than usual, will not only be amply sufi&cient for home consumption, but afford a large surplus for the supply of the wants of other nations, and that the derangement in the circulating paper medium, by being left to those remedies which its obvious causes suggested and the good sense and virtue of our fellow- citizens supplied, has diminished. Having informed Congress, on the 27th of February last, that a treaty of amity, settlement, and limits had been concluded in this city between the United States and Spain, and ratified by the competent authorities of the former, full confidence was entertained that it would have been ratified by His Catholic Majesty with equal promptitude and a like ear- nest desire to terminate on the conditions of that treaty the differences which had so long existed between the two countries. Every view which the subject admitted of was thought to have justified this conclusion. Great losses had been sustained by citizens of the United States from Spanish cruisers more than twenty years before, which had not been re- dressed. These losses had been acknowledged and provided for by a treaty as far back as the j-ear 1802, which, although concluded at Madrid, was not then ratified by the Government of Spain, nor since, until the last year, when it was suspended by the late treaty, a more satisfactory provision to both parties, as was presumed, having been made for them. Other differences had arisen in this long interval, affecting their high- est interests, which were likewise provided for b}^ this last treaty. The treaty itself was formed on great consideration and a thorough knowledge of all circumstances, the subject-matter of every article having been for years under discussion and repeated references having been made by the minister of Spain to his Government on the points respecting which the greatest difference of opinion prevailed. It was formed by a minister duly authorized for the purpose, who had represented his Government in James Monroe 624 the United States and l^een employed iu tlits long-protracted negotiation several years, and who, it is not denied, kept strictly within tlie letter of his instructions. The faith of Spain was therefore pledged, under cir- cumstances of peculiar force and solemnity, for its ratification. On the part of the United States this treaty was evidently acceded to in a spirit of conciliation and concession. The indemnity for injuries and losses so long before sustained, and now again acknowledged and provided for, was to be paid by them without becoming a charge on the treasury of Spain. For territory ceded by Spain other territory of great value, to which our claim was believed to be well founded, was ceded by the United States, and in a quarter more interesting to her. This cession was never- theless received as the means of indemnifying our citizens in a consider- able sum, the presumed amount of their losses. Other considerations of great weight urged the cession of this territory by Spain. It was sur- rounded by the Territories of the United States on everj^ side except on that of the ocean. Spain had lost her authority over it, and, falling into the hands of adventurers connected with the savages, it was made the means of unceasing annoyance and injury to our Union in many of its most essential interests. By this cession, then, Spain ceded a territory in reality of no value to her and obtained concessions of the highest im- portance by the settlement of long-standing differences with the United States affecting their respective claims and limits, and likewise relieved herself from the obligation of a treaty relating to it which she had failed to fulfill, and also from the responsibility incident to the most flagrant and pernicious abuses of her rights where she could not support her authority. It being known that the treaty was formed under these circumstances, not a doubt was entertained that His Catholic Majesty would have rati- fied it without delay. I regret to have to state that this reasonable ex- pectation has been disappointed; that tbe treaty was not ratified within the time stipulated and has not since bee» ratified. As it is important that the nature and character of this unexpected occurrence should be distinctly understood, I think it my duty to communicate to you all the facts and circumstances in my possession relating to it. Anxious to prevent all future disagreement with Spain by giving the most prompt effect to the treaty which had been thus concluded, and par- ticularly by the establishment of a government in Florida which should preserve order there, the minister of the United States who had been re- cently appointed to His Catholic Majesty, and to whom the ratification by his Government had been cornmitted to be exchanged for that of Spain, was instructed to transmit the latter to the Department of State as soon as obtained, by a public ship subjected to his order for the purpose. Unexpected delay occurring in the ratification by Spain, he requested to be informed of the cause. It was stated in reply that the great impor- tance of the subject, and a desire to obtain explanations on certain points 6j5 Mrssaj^cs and Papers of the Presidents whioli wore not specified, had proiluccd the delay, nnd that an envoy would he chspatchcd to the Ihiited v^lates tt) olHain snch exj^lanations of this Goverumeut. The nnnister t)f the United States offered to j;ivc full ex- planation on any point on which it might be desired, which proposal was declined. Having comninnicated this result to the Department of State iu August last, he was instructed, notwithstanding the disappoinVinent and surprise which it produced, to inform the Government of Spain that if the treaty should be ratified and transmitted here at any time before the meeting of Congress it would be received and have the same effect as if it had been ratified in due time. This order was executed, the authorized communication was made to the Government of Spain, and by its answer, which has just been received, we are officially made acquainted for the first time with the causes which have prevented the ratification of the treaty by His Catholic Majesty. It is alleged by the minister of Spain that this Government had attempted to alter one of the principal articles of the treaty b}' a declaration which the minister of the United States had been ordered to present when he should deliver the ratification by his Government in exchange for that of Spain, and of wdiich he gave notice, explanatory of the sense in which that article w^as understood. It is fur- ther alleged that this Government had recently tolerated or protected an expedition from the United States against the Province of Texas. These two imputed acts are stated as the reasons which have induced His Cath- olic Majesty to withhold his ratification from the treaty, to obtain expla- nations respecting which it is repeated that an envoy would be forthwith dispatched to the United States. How far these allegations will justify the conduct of the Government of Spain wall appear on a view of the fol- lowing facts and the evidence which supports them: It will be seen by the documents transmitted, herewith that the decla- ration mentioned relates to a clause in the eighth article concerning certain grants of land recently made by His Catholic Majesty in Florida, which it was understood had conveyed all the lands w^hich till then had been ungranted; it was the intention of the parties to annul these latter grants, and that clause was drawn for that express purpose and for none other. The date of these grants was unknown, but it was understood to be pos- terior to that inserted in the article; indeed, it must be obvious to all that if that provision in the treaty had not the effect of annulling these grants, it would be altogether nugatory. Immediately after the treaty was con- cluded and ratified by this Government an intimation was received that these grants were of anterior date to that fixed on by the treaty and that they would not, of course, be affected by it. The mere possibility of such a case, so inconsistent with the intention of the parties and the meaning of the article, induced this Government to demand an explanation on the subject, which was immediately granted, and which corresponds with this statement. With respect to the other act alleged, that this Government had tolerated or protected an expedition against Texas, it is utterly with- James Monroe 626 out foundation. Every discountenance has invariably been given to any jiuch attempt from within the hmits of the United States, as is fully evinced by the acts of the Government and the proceedings of the courts. There being cause, however, to apprehend, in the course of the last sum- mer, that some adventurers eutertainea views of the kind suggested, the attention of the constituted authorities in that quarter was immediately drav/n to them, and it is known that the project, whatever it might be, has utterly failed. These facts will, it is presumed, satisfy every impartial mind that the Government of Spain had no justifiable cause for declining to ratify the treaty. A treaty concluded in conformity with instructions is obligatory, in good faith, in all its stipulations, according to the true intent and mean- ing of the parties. Each party is bound to ratify it. If either could set it aside without the consent of the other, there would be no longer any rules applicable to such transactions between nations. By this proceed- ing the Government of Spain has rendered to the United States a new and very serious injury. It has been stated that a minister would be sent to ask certain explanations of this Government; but if such were desired, why were they not asked within the time limited for the ratification? Is it contemplated to open a new negotiation respecting any of the articles or conditions of the treaty? If that were done, to what consequences might it not lead ? At what time and in what manner would a new nego- tiation terminate? By this proceeding Spain has formed a relation be- tween the two countries which will justify any measures on the part of the United States which a strong sense of injur}- and a proper regard for the rights and interests of the nation may dictate. In the course to be pursued these objects should be constantly held in view and have their due weight. Our national honor must be main- tained, and a new and a distinguished proof be afforded of that regard for justice and moderation which has invariably governed the councils of this free people. It must be obvious to all that if the United States had been desirous of making conquests, or had been even willing to aggran- dize themselves in that way, they could have had no inducement to form this treaty. They would have much cause for gratulation at the course which has been pursued by Spain. An ample field for ambition is open before them, but such a career is not consistent with the principles of their Government nor the interests of the nation. From a full view of all circumstances, it is submitted to the consider- ation of Congress whether it will not be proper for the United States to carry the conditions of the treaty into effect in the same manner as if it had been ratified by Spain, claiming on their part all its advantages and yielding to Spain those secured to her. By pur.suing this course wc shall rest on the sacred ground of right, sanctioned in the most solenui manner by Spain her.self by a treaty which she was bound to ratif>', for refusing to do which she must incur the censure of other nations, even those mo.st "-7 Afrss(7Q-rs and Papers of the Presidents friendly to her, while by confining onrsclves within that Hmit we can not fail to obtain their Avell-nierited apjirobation. We must have peace on a frontier where we have been so long disturbed; our citizens must be in- demnified for losses so long since sustained, and for which indemnity has been so unjustly withheld from them. Accomplishing these great objects, we obtain all that is desirable. But His Catholic Majesty has twice declared his determination to send a minister to the United States to ask explanations on certain points and to give them respecting his delay to ratify the treat}'. Shall we act by taking the ceded territory' and proceeding to execute the other conditions of the treaty before this minister arrives and is heard? This is a case which forms a strong appeal to the candor, the magnanimity, and the honor of this people. Much is due to courtesy between nations. By a short delay we shall lose nothing, for, resting on the ground of immutable truth and justice, we can not be diverted from our purpose. It ought to be presumed that the explanations which may be given to the minister of Spain will be satisfactory' , and produce the desired result. In any event, the delay for the purpose mentioned, being a further manifestation of the sincere desire to terminate in the most friendly manner all differences with Spain, can not fail to be duly appreciated by His Catholic Majesty as well as by other powers. It is submitted, therefore, whether it will not be proper to make the law proposed for carrying the conditions of the treaty into effect, should it be adopted, contingent; to suspend its operation, upon the responsibility of the Executive, in such manner as to afford an opportunity for such friendly explanations as may be desired during the present session of Congress. I communicate to Congress a copy of the treaty and of the instructions to the minister of the United States at Madrid respecting it; of his cor- respondence with the minister of Spain, and of such other documents as may be necessary to give a full view of the subject. In the course w^hich the Spanish Government have on this occasion thought proper to piursue it is satisfactory to know that they have not been countenanced by any other European power. On the contrary, the opinion and wishes both of France and Great Britain have not been with- held either from the United States or from Spain, and have been une- quivocal in favor of the ratification. There is also reason to believe that the sentiments of the Imperial Government of Russia have been the same, and that they have also been made known to the cabinet of Madrid. In the oivil war existing between Spain and the Spanish Provinces in this hemisphere the greatest care has been taken to enforce the laws intendc \ to preserve an impartial neutrality. Our ports have continued to be equally open to both parties and on the same conditions, and our citizens have been equally restrained from interfering in favor of either to the prejudice of the other. The progress of the war, however, has oper- ated manifestly in favor of the colonies. Bueuos Ayres still maintains James Monroe 628 unshaken the independence which it declared in t8i6, and has enjoyed since 1 8 1 o. I.ike success has also lately attended Chili and the Provinces north of the La Plata bordering on it, and likewise Venezuela. This contest has from its commencement been very interesting to other powers, and to none more so than to the United States. A virtuous peo- ple may and will confine themselves within the limit of a strict neutrality; but it is not in their power to behold a conflict so vitally important to their neighbors without the sensibility and sympathy which naturally belong to such a case. It has been the steady purpose of this Govern- ment to prevent that feeling leading to excess, and it is very gratifying to have it in my power to state that so strong has been the sense through- out the whole community of what was due to the character and obligations of the nation that very few examples of a contrary kind have occurred. The distance of the colonies from the parent country and the great extent of their population and resources gave them advantages which it was anticipated at a very early period would be difiicult for Spain to sur- mount. The steadiness, consistency, and success with which they have pursued their object, as evinced more particularly by the undisturbed sov- ereignty which Buenos Ay res has so long enjoyed, evidently give them a strong claim to the favorable consideration of other nations. These senti- ments on the part of the United States have not been withheld from other powers, with whom it is desirable to act in concert. Should it become manifest to the world that the efforts of Spain to subdue these Provinces will be fruitless, it may be presumed that the Spanish Government itself will give up the contest. In producing such a determination it can not be doubted that the opinion of friendly powers who have taken no part in the controversy will have their merited influence. It is of the highest importance to our national character and indispen- sable to the morality of our citizens that all violations of our neutrality should be prevented. No door should be l«ft open for the evasion of our laws, no opportunity afforded to any who may be disposed to take advan- tage of it to compromit the interest or the honor of the nation. It is sub- mitted, therefore, to the consideration of Congress whether it may not be advisable to revise the laws with a view to this desirable result. It is submitted also whether it may not be proper to designate by law the several ports or places along the coast at which only foreign ships of war and privateers may be admitted. The difiiculty of sustaining the regulations of our commerce and of other important interests from abuse without such designation furnishes a strong motive for this measure. At the time of the negotiation for the renewal of the commercial con- vention between the United States and Great Britain a hope had been entertained that an article might have been agreed upon nuitually satis- factory to both countries, regulating upon principles of justice and reci- procity the commercial intercourse between the United States and the British possessions as well in the West Indies as upon the continent of (^-9 Messages and Papers of the Presidents North America. The plenipotentiaries of tlie two Governments not hav- ini; been able tt» come t<> an aj;reement on this important interest, those of the ITnited Slates reserved for the consideration of this Goxernnient the proposals which had been presented t«) them as the ultimate ofTer on the part of the British Ciovernment, and which they were not authorized to accept. On their transmission here they were examined with due delib- eration, the result of which was a new effort to meet the views of the British Goveniment. The minister of the United States was instructed to make a further proposal, which has not been accepted. It was, how- ever, declined in an amicable manner. I recommend to the consideration of Congress whether further prohibitory provisions in the laws relating to this intercourse ma}^ not be expedient. It is seen with interest that although it has not been practicable as j'ct to agree in any arrangement of this important branch of their commerce, such is the disposition of the parties that each will view^ any regulations which the other maj' make respecting it in the most friendly hght. B}' the fifth article of the convention concluded on the 20th of Octooer, 18 18, it was stipulated that the differences w^hich have arisen between the tw^o Governments with regard to the true intent and meaning of the fifth article of the treat}^ of Ghent, in relation to the carrying away by British officers of slaves from the United States after the exchange of the ratifi- cations of the treaty of peace, should be referred to the decision of some friendly sovereign or state to be named for that purpose. The minister of the United States has been instructed to name to the British Govern- ment a foreign sovereign, the common friend to both parties, for the deci- sion of this question. The answer of that Government to the proposal when received will indicate the further measures to be pursued on the part of the United States. Although the pecuniary embarrassments which affected various parts of the Union during the latter part of the preceding year have during the present been considerably augmented, and still continue to exist, the re- ceipts into the Treasury to the 30th of September last have amounted to $19,000,000. After defraying the current expenses of the Government, including the interest and reimbursement of the public debt payable to that period, amounting to $18,200,000, there remained in the Treasury on that day more than $2,500,000, which, with the sums receivable dur- ing the remainder of the year, wall exceed the current demands upon the Treasury for the same period. The causes which have tended to diminish the public receipts could not fail to have a corresponding effect upon the revenue which has accrued upon imposts and tonnage during the three first quarters of the present year. It is, however, ascertained that the duties which have been secured during that period exceed $18,000,000, and those of the whole year will probably amount to $23,000,000. For the probable receipts of the next year I refer you to the statements James Monroe 630 which wilt be transmitted from the Treasury, which will enable you to judge whether further provision be necessary. The great reduction in the price of the principal articles of domestic growth which has occurred during the present year, and the consequent fall in the price of labor, apparently so favorable to the success of domes- tic manufactures, have not shielded them against other causes adverse to their prosperity. The pecuniary embarrassments which have so deeply affected the commercial interests of the nation have been no less adverse to our manufacturing establishments in several sections of the Union. The great reduction of the currency which the banks have been con- strained to make in order to continue specie payments, and the vitiated character of it where such reductions have not been attempted, instead of placing within the reach of these establishments the pecuniar)'- aid necessary to avail themselves of the advantages resulting from the reduc- tion in the prices of the raw materials and of labor, have compelled the banks to withdraw from them a portion of the capital heretofore advanced to them. That aid which has been refused by the banks has not been obtained from other sources, owing to the loss of individual confidence from the frequent failures which have recently occurred in some of our principal commercial cities. An additional cause for the depression of these establishments may probably be found in the pecuniary embarrassments which have recently affected those countries with which our commerce has been principally prosecuted. Their manufactures, for the want of a ready or profitable market at home, have been shipped by the manufacturers to the United States, and in many instances sold at a price below their current value at the place of manufacture. Although this practice may from its nature be considered temporary or contingent, it is not on that account less in- jurious in its effects. Uniformity in the demand and price of an article is highly desirable to the domestic manufacturer. It is deemed of great importance to give encouragement to our domestic manufacturers. In what manner the evils which have been adverted to may be remedied, and how far it may be practicable in other respects to afford to them further encouragement, paying due regard to the other great interests of the nation, is submitted to the wisdom of Congress. The sur\-ey of the coast for the establishment of fortifications is now nearly completed, and considerable progress has been made in the col- lection of materials for the construction of fortifications in the Gulf of Mexico and in the Chesapeake Bay. The works on the eastern bank of the Potomac below Alexandria and on the Pea Patch, in the Delaware, are much advanced, and it is expected that the fortifications at the Nar- rows, in the harbor of New York, will be completed the ])rcscnt year. To derive all the advantages contemplated from these fortifications it was necessary that they should be judiciou.sly posted, and constructed with a view to permanence. The progress hitherto has therefore been slow; but f*c,i Messages and Papers of the Presidents as the difficulties in parts heretofore the least explored and known are surniouuted, it will in future be more rapid. As soon as the survey of the coast is completed, which it is expected will be done early in the next sprinp, the engineers employed in it will proceed to examine for like purjx)ses the northeni and northwestern frontiers. The troops intended to occupy a station at the mouth of the St. Peters, on the Mississippi, have established themselves there, and those who were ordered to the mouth of the Yellow Stone, on the Missouri, have ascended that river to the Council Bluff, where they will remain until the next spring, when they will proceed to the place of their destination. I have the satisfaction to state that this measure has been executed in amity with the Indian tribes, and that it promises to produce, in regard to them, all the advantages which were contemplated by it. Much progress has likewise been made in the construction of ships of war and in the collection of timber and other materials for shipbuilding. It is not doubted that our Na\'y' will soon be augmented to the number and placed in all respects on the footing provided for by law. The Board, consisting of engineers and naval officers, have not yet made their final report of sites for two naval depots, as instructed according to the resolutions of March i8 and April 20, 18 18, but they have exam- ined the coast therein designated, and their report is expected in the next month. For the protection of our commerce in the Mediterranean, along the southern Atlantic coast, in the Pacific and Indian oceans, it has been found necessary to maintain a strong naval force, which it seems proper for the present to continue. There is much reason to believe that if any portion of the squadron heretofore stationed in the Mediterranean should be withdrawn our intercourse with the powers bordering on that sea would be much interrupted, if not altogether destroj^ed. Such, too, has been the growth of a spirit of piracy in the other quarters mentioned, by adventurers from ever>^ country, in abuse of the friendly flags which they have assumed, that not to protect our commerce there would be to abandon it as a prey to their rapacity. Due attention has likewise been paid to the suppression of the slave trade, in compliance with a law of the last session. Orders have been given to the commanders of all our public ships to seize all vessels navigated under our flag engaged in that trade, and to bring them in to be proceeded against in the manner pre- scribed by that law. It is hoped that these \ngorous measures, supported by like acts by other nations, will soon terminate a commerce so dis- graceful to the civilized world. In the execution of the duty imposed by these acts, and of a high trust connected with it, it is with deep regret I have to state the loss which has been sustained by the death of Commodore Perr>'. His gallantn' in a brilliant exploit in the late war added to the renown of his country. His death is deplored as a national misfortune. JAMES MONROE. James Monrot 6t;2 SPECIAL MESSAGES. ^ , o , /- r ,r . Washington, December 7, 1810. To the Senate of the United States: I transmit herewith to the Senate a collection of the commercial regu- lations of the different foreign countries with which the United States have commercial intercourse, which has been compiled in compliance with the resolution of the Senate of 3d March, 18 17. JAMES MONROE. Washington, December 7^, 181 9. To the House 0/ Representatives of the United States: In conformity with the resolution of the House of Representatives of the 24th of February last, I now transmit a report of the Secretary of State, with extracts and copies of several letters, touching the causes of the imprisonment of William White, an American citizen, at Buenos Ayres. JAMES MONROE. Washington, December 77, rSrp. To the Senate and Home of Representatives of the United States: Some doubt being entertained respecting the true intent and meaning of the act of the last session entitled "An act in addition to the acts pro- hibiting the slave trade, " as to the duties of the agents to be appointed on the coast of Africa, I think it proper to state the interpretation which has been given of the act and the measures adopted to carry it into effect, that Congress may, should it be deemed advisable, amend the same before further proceeding is had under it. The obligation to instruct the commanders of all our armed vessels to seize and bring into port all ships or vessels of the United States, where- soever found, having on board any negro, mulatto, or person of color in violation of former acts for the suppression of the slave trade, being imper- ative, was executed without delay. No seizures have yet been made, but as they were contemplated by the law, and might be presumed, it seemed proper to make the necessary regulations applicable to such sei- zures for carrying the several provisions of the act into effect. It is enjoined on the Executive to cause all negroes, mulattoes, or per- sons of color who may be taken under the act to be removed to Africa. It is the obvious import of the law that none of the persons tlnis taken should remain within the United States, and no place other than the coast of Africa being designated, their removal or delivery, whether carried from the United States or landed immediately from the vessels in which 6^3 Afrssnj^rs and Papers of the Presidents they were taken, was supitDScd to bo coiifinetl to that coast. No settle- ment or station Itcin^ specified, the whole coast was thou.uht to Ik.' left oiKMi for the selection of a proiKT place at which the ])ers()ns thus taken should be delivered. The iCxceutive is authorized to appoint one or more agents residing there to receive such i)er.sous, and ^100,000 are appro- priated tor the general purposes of the law. On due consideration of the several sections of the act, and of its hu- mane policy, it was supposed to be the intention of Congress that all the persons above described who might be taken under it and landed in Africa should be aided in their return to their former homes, or in their establish- ment at or near the place where landed. Some shelter and food would be necessary for them there as soon as lauded, let their subsequent disposition be what it might. Should they be landed without such provision having been previously made, they might perish. It was supposed, by the authority given to the Executive to appoint agents residing on that coast, that they .should provide such shelter and food , and perform the other beneficent and charitable offices contemplated by the act. The coast of Africa having been little explored, and no per- sons residing there who possessed the requisite qualifications to entitle them to the trust being known to the Executive, to none such could it be committed. It was believed that citizens only who would go hence well instructed in the views of their Government and zealous to give them effect would be competent to these duties, and that it was not the inten- tion of the law to preclude their appointment. It was obvious that the longer these persons should be detained in the United States in the hands of the marshals the greater would be the expense, and that for the same term would the main purpose of the law be suspended. It seemed, there- fore, to be incumbent on me to make the necessary arrangements for car- r>dng this act into effect in Africa in time to meet the delivery of any per- sons who might be taken by the public vessels and landed there under it. On this view of the policy and sanctions of the law it has been decided to send a public ship to the coast of Africa with two such agents, who will take with them tools and other implements necessary for the pur- poses above mentioned. To each of these agents a small salary has been allowed — $1,500 to the principal and $1,200 to the other. All our public agents on the coast of Africa receive salaries for their services, and it was understood that none of our citizens possessing the requisite qualifications would accept these trusts, by which they would be confined to parts the least frequented and civilized, without a reasonable compensation. Such allowance therefore seemed to be indispensable to the execution of the act. It is intended also to subject a portion of the sum appropriated to the order of the principal agent for the special ob- jects above stated, amounting in the whole, including the salaries of the agents for one year, to rather less than one-third of the appropriation. Special instructions will be g:iven to these agents, defioiag in precise James Monroe 6^, terms their duties in regard to the persons thus delivered to them, the disbursement of the money by the principal agent, and his accountabiHty for the same. They will also have power to select the most suitable place on the coast of Africa at which all persons who may be taken under this act shall be delivered to them, with an express injunction to exer- cise no power founded on the principle of colonization or other power than that of performing the benevolent offices above recited by the per- mission and sanction of the existing government under which they may establish themselves. Orders will be given to the commander of the pub- lic ship in which they will sail to cruise along the coast to give the more complete effect to the principal object of the act. JAMES MONROE. Washington, December 77, iSig. To the Senate and House of Representatives of the United States: In compliance with a resolution of Congress of the 27th March, 18 18, the journal, acts, and proceedings of the convention which formed the present Constitution of the United States have been published. The res- olution directs that 1,000 copies should be printed, of which one copy should be furnished to each member of the Fifteenth Congress, and the residue to be subject to the future disposition of Congress. The num- ber of copies sufficient to supply the members of the late Congress hav- ing been reserved for that purpose, the remainder are now deposited at the Department of State subject to the order of Congress. The docu- ments mentioned in the resolution of the 27th March, 18 18, are in the process of publication. ^KIA^S MONROE. Washington, December 24, 181 p. To the Senate and House of Representatives of the United States: On the 23d of February, 1803, a message from the President of the United States was transmitted to both Houses of Congress, together with the report of the then Secretary of State, Mr. Madison, upon the case of the Danish brigantine Henrick and her cargo, belonging to citizens of Hamburg, recommending the claim to the favorable consideration of Con- gress. In February, 1805, it was again presented by a message from the President to the consideration of Congress, but has not since been defini- tively acted upon. The minister resident from Denmark and the consul-general from Ham- burg having recently renewed applications in behalf of the rcsjxictive owners of the vessel and cargo, I transmit herewith copies of their com- munications for the further consideration of the Legislature, upon whoFf files all the documents relating to the claim are still existing. M p-voi, 1-22 JAMES MONROE. 635 Messages and Papers of the Presidents Decbmbkr 31, 18 19, To the Senate of the Uuitcd States: I transmit to the vSenatc, for its advice and consent as to the ratifica- tion, three treaties which have been conchided in the course of the pres- ent year with the Kickapoos, the Chippaways, and the Kickapoos of the VerniilHon by commissioners who were dnl}' authorized for the purpose. With the Chippaways there is a supplementarj^ article stipulating cer- tain advantages in their favor on condition that the same shall be ratified by the Executive, with the advice and consent of the Senate, which I like- wise submit to your consideration. JAMES MONROE. Washington, January S, 1820. To the House of Representatives of the United States: In compliance with a resolution of the House of Representatives of the 14th December, 1S19, requesting me to cause to be laid before it any in- formation I may possess respecting certain executions which have been inflicted in the Army of the United States since the year 18 15 contrary to the law^s and regulations provided for the government of the same, I transmit a report from the Secretary of War containing a detailed account in relation to the object of the said resolution. JAMES MONROE. Washington, /awwary S, 1820. To the Senate of the United States: In compliance with a resolution of the Senate of the 20th of Januar>'^, 18 1 9, requesting me ' ' to cause a report to be laid before them at their next session of such facts as may be within the means of the Government to obtain shewing ho^v far it may be expedient or not to provide by law for clothing the Army with articles manufactured in the United States," I transmit a report from the Secretary of War, which, with the accompany- ing documents, comprehends all the information required by the Senate in their resolution aforesaid. JAMES MONROE. Washington, January ip, 1820. To the Hotise of Representatives: In compliance with a resolution of the House of Representatives re- questing me ' ' to lay before it at as early a day as may be convenient an account of the expenditure of the several sums appropriated for building fortifications from the year 18 16 to the year 18 19, inclusive, indicating the places at which works of defense have been begun, the magnitude of I James Monroe 636 the works contemplated at each place, their present condition, the amount already expended, and the estimated amount requisite for the completion of each, also the mode by which the fortifications are built, by contract or othenvise," I now transmit to the House a report from the Secretary of War, to whom the said resolution was referred, which, with the doc- uments accompanying it, contains all the information required. JAMES MONROE. Washington, February 8, 1820. To the House of Representatives of the U7iited States: In conformity with a resolution of the House of Representatives of the 24th January, 1820, requesting me "to inform the House what loans, if any, have been made since the peace, to private citizens, of powder, lead, and other munitions belonging to the Government by ofiicers of any de- partment of the Army or Navy, specifying the times, terms, objects, and extent of such loans, the names of the persons by whom and to whom made, the different times of repayment, and also the amount of the ulti- mate loss, if any, likely to be incurred by the Government in consequence thereof," I now transmit a report from the Secretary of War, which, with the accompanying documents, contains all the information that can be furnished on the subject. JAMES MONROE. Washington, March /, 1820. To the House of Representatives of the United States: In comphance with a resolution of the House of Representatives of the 4th of February last, requesting to be informed what progress has been made in surveying certain parts of the coast of North Carolina and in ascertaining the latitude and longitude of the extreme points of Cape Hatteras, Cape Eook Out, and Cape Fear, according to a resolution of the 19th of January, 18 19, I have to state that it is intended to carry the res- olution of the 19th of March into effect in the present year. The cooper- ation of the Board of Engineers with Naval Commissioners being necessary in executing that duty, and the Board having been engaged last year in surveying the eastern coast of our Union, it would have interfered with previous arrangements and been attended with increased expense had they been withdrawn from it. The Board will, however, be employed during the present summer in the regular execution of its duties in the survey of the coast of North Carolina, when instructions will be given it to afford the necessary aid to carry the resolution of the 19th of January of the last year into effect. JAMES MONROE. (\^7 Afcssngcs and Papers of the Pres70C.nts WashingTOIT March /, 1820. To tht- Senate of the United States: I transmit \o the Seuate, in pursuance of their resolu ion of the 4th of January- last, a report from the Secretary of State, with a list of fines in- curred under the act of Congress entitled "An act in addition to the act for the piniishment of certain crimes against the United States, ' ' which appear from the records of the Department of State to have been remitted by the Executive authority of the United States. JAMES MONROE. Washington, March 8, 1820. The President pro tempore of the Senate : I transmit to the Senate copies of sundry papers having relation to the treaty of 22d February, 1819, between the United States and Spain, which have been received at the Department of State, and have not before been communicated to the Senate. JAMES MONROE. Washington, March 8, 1820. To the Sc7iatc and House of RcprescJitatives of the United States: I transmit to Congress a report from the Secretary of the Treasury, which, with the accompanying documents, will shew that the act of the 20th May, 18 1 2, respecting the northern and western boundaries of the State of Ohio, has been executed. JAMES MONROE. Washington, March 77, 1820. To the House of Representatives of the United States: It being stipulated by the fourth article of the articles of agreement and cession entered into on the 24th of April, 1802, with the State of Georgia that the United States should at their own expense extinguish for the use of that State, as soon as it might be done on reasonable terms, the Indian title to all the lands within its limits, and the legislature of Georgia being desirous to make a further acquisition of said lands at this time, presuming that it may be done on reasonable terms; and it being also represented that property of considerable value which had been taken by the Creek and Cherokee Indians from citizens of Georgia, the restora- tion of which had been provided for by different treaties, but which hat never been made, it is proposed to hold a treaty with those nations, and more particularly with the Creeks, in the course of this summer. For the attainment of these objects I submit the subject to the consideration of Congress, that a sum adequate to the expenses attending such treaty piay be appropriated should Congress deem it expedient. JAMES MONROE. James Monroe (^-j^ Washington, March 20, 1820. To the Senate of the United States: In compliance with a resolution of the Senate of the i6th of Februarj', 1820, requesting me to cause to be laid before it "abstracts of the bonds or other securities given under the laws of the United States b}- the col- lectors of the customs, receivers of public moneys for lands, and registers of public lands, paymasters in the Army, and pursers in the Na\-y, who are now in office, or who have heretofore been in office, and whose ac- counts remain unsettled, together with a statement of such other facts as may tend to shew the expediency or inexpediency of so far altering the laws respecting such officers that they may hereafter be appointed for limited periods, subject to removal as heretofore," I transmit to the Sen- ate a report from the Secretary of the Treasury, which, with the docu- ments accompanying it, will afford all the information required. JAMES MONROE. Washington, March 27, 1S20. To the Seriate and House of Representatives of the United States: I transmit to Congress an extract of a letter from the minister pleni- potentiary of the United States at St. Petersburg, of the ist of Novem- ber last, on the subject of our relations with Spain, indicating the senti- ments of the Emperor of Russia respecting the nouratification by His Catholic Majesty of the treaty lately concluded between the United States and Spain, and the strong interest which His Imperial Majesty takes in promoting the ratificatica of that treaty. Of this friendly disposition the most satisfactory assurance has been since given directly to this Gov- ernment by the minister of Russia residing here. I transmit also to Congress an extract of a letter from the minister plenipotentiary of the United States at Madrid of a later date than those heretofore communicated, by which it appears that, at the in.stance of the charge d'affaires of the Emperor of Russia, a new pledge had been given by the Spanish Government that the minister who had been lately ap- pointed to the United States .should set out on his mission without delay, with full power to settle all differences in a manner satisfactory to the parties. I have further to state that the Governments of I-'rance and Groat Britain continue to manifest the sentiments heretofore communicated respecting the nouratification of the treaty by Spain, and to interpose their good offices to promote its ratification. It is proper to add that the Governments of France and Russia have expressed an earnest desire that the United States would take no steps for the present on the principle of reprisal winch might i>ossibly tend to disturb the peace between the United States and Sjjain. There is good caus.j to presume from the delicate manner in which this sentiment 630 Messages and Papers of the Presidents has been conveyed that it is fouiuleil in a belief as well as a desire- that our jnst objects may be accomplished without the hazard of sucii an extremity. On full consideration of all these circumstances, I have thought it my duty to submit to Congress whether it will not be advisable to postpone a decision on the questions now depending with Spain until the next session. The distress of that nation at this juncture affords a motive for this forbearance which can not fail to be duly appreciated. Under such circumstances the attention of the Spanish Government may be diverted from its foreign concerns, and the arrival of a minister here be longer de- layed. I am the more induced to suggest this course of proceeding from a knowledge that, while we shall thereby make a just return to the powers whose good offices have been acknowledged, and increase by a new and signal proof of moderation our claims on Spain, our attitude in regard to her will not be less favorable at the next session than it is at the present. JAMES MONROE. Washington, May p, 1820. To the Senate and House of Representatives of the United States: I communicate to Congress a correspondence which has taken place between the Secretar}^ of State and the envoy extraordinary and minister plenipotentiary of His Catholic Majesty since the message of the 27tli March last, respecting the treaty which was concluded between the United States and Spain on the 22d Februarj^ 18 19. After the failure of His Catholic Majesty for so long a time to ratify the treaty, it was expected that this minister would have brought with him the ratification, or that he would have been authorized to give an order for the delivery of the territory ceded by it to the United States. It appears, however, that the treaty is still unratified and that the minis- ter has no authority to surrender the territory. The object of his mis- sion has been to make complaints and to demand explanations respecting an imputed system of hostility on the part of citizens of the United States against the subjects and dominions of Spain, and an unfriendly policy in their Government, and to obtain new stipulations against these alleged injuries as the condition on which the treaty should be ratified. Unexpected as such complaints and such a demand were under existing circumstances, it was thought proper, without compromitting the Gov- ernment as to the course to be pursued, to meet them promptly and to give the explanations that were desired on every subject with the utmost candor. The result has proved what was sufficiently well known before, that the charge of a systematic hostility being adopted and pursued by citizens of the United States against the dominions and subjects of Spain is utterly destitute of foundation, and that their Government in all its I James Monroe 640 branches has maintained with the utmost rigor that neutraHty in the cix-il war between Spain and the colonies which they were the first to declare. No force has been collected nor incursions made from within the United States against the dominions of Spain, nor have any naval equipments been permitted in favor of either party against the other. Their citizens have been warned of the obligations incident to the neutral condition of their countr>'; their public officers have been instructed to see that the laws were faithfully executed, and severe examples have been made of some who violated them. In regard to the stipulation proposed as the condition of the ratifica- tion of the treaty, that the United States shall abandon the right to rec- ognize the revolutionary colonies in South America, or to form other rela- tions with them when in their judgment it may be just and expedient so to do, it is manifestly so repugnant to the honor and even to the independ- ence of the United States that it has been impossible to discuss it. In making this proposal it is perceived that His Catholic Majesty has en- tirely misconceived the principles on which this Government has acted in being a party to a negotiation so long protracted for claims so well founded and reasonable, as he likewise has the sacrifices which the United States have made, comparatively, with Spain in the treaty to which it is proposed to annex so extraordinary and improper a condition. Had the minister of Spain offered an unqualified pledge that the treaty should be ratified by his Sovereign on being made acquainted with the explanations which had been given by this Government, there would have been a strong motive for accepting and submitting it to the Senate for their advice and consent, rather than to resort to other measures for redress, however justifiable and proper; but he gives no such pledge; on the contrary, he declares explicitly that the refusal of this Government to reHnquish the right of judging and acting for itself hereafter, accord- ing to circumstances, in regard to the Spanish colonies, a right common to all nations, has rendered it impossible for him under his instructions to make such engagement. He thinks that his Sovereign will be induced by his communications to ratify the treaty, but still he leaves him free either to adopt that measure or to decline it. He admits that the other objections are essentially removed and will not in themselves prevent the ratification, provided the difficulty on the third point is surmounted. The result, therefore, is that the treaty is declared to have no obligation what- ever; that its ratification is made to depend not on the considerations which led to its adoption and the conditions which it contains, but on a new article unconnected with it, respecting which a new negotiation nuist be opened, of indefinite duration and doubtful issue. Under this view of the subject the course to be pursued would appear to be direct and obvious if the affairs of Spain had remained in the state in which they were when this minister sailed. But it is known that an important change has since taken place in the Government of that ^M > Messages and Papers of the Presidents country which can not fail to be sensibly felt in its intercourse with other nations. The minister of Spain has essentially declared his inability to act iu consequence of that change. With him, however, under his present powers nothing could be done. The attitude of the Uniteii States must now be assumed on full consideration of what is due to their rights, their interest and honor, without regard to the powers or incidents of the late mission. We may at pleasure occupy the territory which was intended and provided by the late treaty as an indemnity for losses so long since sustained by our citizens; but still, nothing could be settled definitively without a treaty between the two nations. Is this the time to make the pressure? If the United States were governed by views of ambition and aggrandizement, many strong reasons might be given in its favor; but they have no objects of that kind to accomplish, none which are not founded in justice and which can be injured by forbearance. Great hope is entertained that this change will promote the happiness of the Spanish nation. The good order, moderation, and humanity which have charac- terized the movement are the best guaranties of its success. The United States would not be justified in their own estimation should they take any step to disturb its harmony. When the Spanish Govern- ment is completely organized on the principles of this change, as it is expected it soon will be, there is just ground to presume that our differ- ences with Spain will be speedily and satisfactorily- settled. With these remarks I submit it to the wisdom of Congress whether it will not still be advisable to postpone any decision on this subject until the next session. JAMES MONROE. Washington, May ji, 1820. To the Senate of the United States: I transmit herewith to the Senate a report from the Secretar>^ of State, together with the returns of causes depending iu the courts of the United States, collected conformably to a resolution of the Senate of the i8th of January, 18 19. JAMES MONROE. Washington, May 12, 1820. The Speaker of the House of Representatives: I transmit to the House of Representatives a report from the Secre- tary of State, with the document prepared in pursuance of a resolution of the House of the i4tli ultimo, on the subject of claims of citizens of the United States for Spanish spoliations upon their property and commerce. JAMES MONROE. James Monroe 642 PROCLAMATION. By the President of the United States of America, a proclamation. Whereas by an act of the Congress of the United States of the 3d of March, 18 15, so much of the several acts imposing duties on the ships and vessels and on goods, wares, and merchandise imported into the United States as imposed a discriminating duty of tonnage between for- eign vessels and vessels of the United States and between goods imported into the United States in foreign vessels and vessels of the United States were repealed so far as the same respected the produce or manufacture of the nation to which such foreign ship or vessel might belong, such repeal to take effect in favor of any foreign nation whenever the Presi- dent of the United States should be satisfied that the discriminating or countervailing duties of such foreign nation so far as they operate to the disadvantage of the United States have been abolished; and Whereas satisfactory proof has been received by me from the burgo- masters and senate of the free and Hanseatic city of Lubeck that from and after the 30th day of October, 18 19, all discriminating or counter- vailing duties of the said city so far as they operated to the disadvantage of the United States have been and are abolished: Now, therefore, I, James Monroe, President of the United States of America, do hereby declare and proclaim that so much of the several acts imposing duties on the tonnage of ships and vessels and on goods, wares, and merchandise imported into the United States as imposed a discriminating duty of tonnage between vessels of the free and Hanseatic city of lyubeck and vessels of the United States and between goods im- ported into the United States in vessels of Lubeck and vessels of the United States are repealed so far as the same respect the produce or manufacture of the said free Hanseatic city of Lubeck. Given under my hand, at the city of Washington, this 4th day of May, A. D. 1820, and forty-fourth year of the Independence of the [SEAI..] United States. JAMES MONROE. By the President: John Quincy Adams, Secretary of State. FOURTH ANNUAL MESSAGE. Washington, November //, rSsn. Fellow-Citisens of the Senate and of the House of Representatives: In communicating to you a just view of public affairs at the commence- ment of your present labors, I do it with great satisfaction, because, tak- ing all circumstances into consideration which claim attention, I see much cause to rejoice in the felicity of our situation. In making this remark 643 Messages and Papers of the Presidents I do not wish \o be inulerstood to imply that an unvaried prosperity is to l)e seen in every interest of this great comnuinity. In the progress of a nation inhabiting a territory' of such vast extent and great variety of ch- niate, every jwrtion of which is engaged in foreign commerce and Hable to be affected in some degree by the changes which occur in the condition and regulations of foreign countries, it would be strange if the produce of our soil and the industry and enterprise of our fellow-citizens received at all times and in ever>' quarter an uniform and equal encouragement. This would be more than we would have a right to expect under circum- stances the most favorable. Pres.sures on certain interests, it is admitted, have been felt; but allowing to these their greatest extent, they detract but little from the force of the remarks already made. In forming a just estimate of our present situation it is proper to look at the whole in the outline as well as in the detail. A free, virtuous, and enlightened people know v.'cU the great principles and causes on which their happiness de- pends, and even those who suffer most occasionally in their transitory concerns find great relief under their sufferings from the blessings which the}' otherwise enjoy and in the consoling and animating hope which they administer. From whence do these pressures come? Not from a government which is founded by, administered for, and supported by the people. We trace them to the peculiar character of the epoch in which we hve, and to the extraordinary occurrences which have signalized it. The con\nilsions with which several of the powers of Europe have been shaken and the long and destructive wars in which all were engaged, with their sudden transition to a state of peace, presenting in the first instance unusual encouragement to our commerce and withdrawing it in the second even within its wonted limit, could not fail to be sensibly felt here. The station, too, which we had to support through this long conflict, compelled as we were finally to become a party to it with a principal power, and to make great exertions, suffer heavy losses, and to contract considerable debts, disturbing the ordinary course of affairs by augmenting to a vast amount the circulating medium, and thereby elevating at one time the price of every article above a just standard and depressing it at another below it, had likewise its due effect. It is manifest that the pressures of which we complain have proceeded in a great measure from these causes. When, then, we take into view the prosperous and happy condition of our country in all the great cir- cumstances which constitute the felicity of a nation — every individual in the full enjoyment of all his rights, the Union blessed with plenty and rapidly rising to greatness under a National Government which operates with complete effect in every part without being felt in any except by the ample protection which it affords, and under State governments which perform their equal share, according to a wise distribution of power be- tween them, in promoting the public happiness — it is impossible to behold so gratifying, so glorious a spectacle without being penetrated with the James Monroe 644 most profound and grateful acknowledgments to the Supreme Author of All Good for such manifold and inestimable blessings. Deeply impressed with these sentiments, I can not regard the pressures to which I have adverted otherwise than in the light of mild and instructive admonitions, warning us of dangers to be shunned in future, teaching us lessons of economy corresponding with the simplicity and purity of our institutions and best adapted to their support, evincing the connection and depend- ence which the various parts of our happy Union have on each other, thereby augmenting daily our social incorporation and adding by its strong ties new strength and vigor to the pohtical; opening a wider range, and with new encouragement, to the industry and enterprise of our fel- low-citizens at home and abroad, and more especially by the multiplied proofs which it has accumulated of the great perfection of our most ex- cellent system of government, the powerful instrument in the hands of our All-merciful Creator in securing to us these blessings. Happy as our situation is, it does not exempt us from solicitude and care for the future. On the contrary, as the blessings which we enjoy are great, proportionably great should be our vigilance, zeal, and activity to preserve them. Foreign wars may again expose us to new wrongs, which would impose on us new duties for which we ought to be prepared. The state of Europe is unsettled, and how long peace may be preserv-ed is altogether uncertain; in addition to which we have interests of our own to adjust which will require particular attention. A correct view of our relations with each power will enable you to form a just idea of existing difl&culties, and of the measures of precaution best adapted to them. Respecting our relations with Spain nothing expHcit can now be com- municated. On the adjournment of Congress in May last the minister plenipotentiary of the United States at Madrid was instructed to inform the Government of Spain that if His Catholic Majesty should then ratify the treaty this Government would accept the ratification so far as to submit to the decision of the Senate the question whether such ratifica- tion should be received in exchange for that of the United States here- tofore given. By letters from the minister of the United States to the Secretary- of State it appears that a communication in conformity with his instructions had been made to the Government of Spain, and that the Cortes had the subject under consideration. The result of the delib- erations of that body, which is daily expected, will be made known to Congress as soon as it is received. The friendly sentiment which was expressed on the part of the United States in the message of tlic ylh of May last is still entertained for Spain. Among the causes of regret, however, which are inseparable from the delay attending this transaction it is proper to state that satisfactory information has been received that measures have been recently adopted ])y designing jK-rsons to cf)nvert certain parts of the Province of East Florida into depots for the reception ^-t > Messages and Papers of the Presidents of foreign goods, from whence to smuggle tliem into tlie United States. By opening a port within the hmits of Florida, immediately on our bound- ar>- where there was no settlement, the object could not be misunderstood. An early accommodation of differences will, it is hoped, prevent all such fraudulent and pernicious practices, and place the relations of the two countries on a very amicable and permanent basis. The commercial relations between the United States and the British colonies in the West Indies and on this continent have undergone no change, the British Government still preferring to leave that commerce under the restriction heretofore imposed on it on each side. It is satis- factory to recollect that the restraints resorted to by the United States were defensive only, intended to prevent a monopoly under British regu- lations in favor of Great Britain, as it likewise is to know that the experi- ment is advancing in a spirit of amity between the parties. The question depending between the United States and Great Britain respecting the construction of the first article of the treaty of Ghent has been referred by both Governments to the decision of the Emperor of Rus- sia, who has accepted the umpirage. An attempt has been made with the Government of France to regulate by treaty the commerce between the two countries on the principle of reci- procity and equality. By the last communication from the minister plen- ipotentiary of the United States at Paris, to whom full power had been given, we learn that the negotiation had been commenced there; but seri- ous difficulties having occurred, the French Government had resolved to transfer it to the United States, for which purpose the minister plenipo- tentiary of France had been ordered to repair to this city, and whose ar- rival might soon be expected. It is hoped that this important interest may be arranged on just conditions and in a manner equally satisfactory to both parties. It is submitted to Congress to decide, until such arrange- ment is made, how far it may be proper, on the principle of the act of the last session which augmented the tonnage duty on French vessels, to adopt other measures for carrying more completely into effect the policy of that act. The act referred to, which imposed new tonnage on French vessels, having been in force from and after the ist day of July, it has happened that several vessels of that nation which had been dispatched from France before its existence was known have entered the ports of the United States, and been subject to its operation, without that previous notice which the general spirit of our laws gives to individuals in similar cases. The object of that law having been merely to counter\'ail the inequalities which existed to the disadvantage of the United States in their commer- cial intercourse with France, it is submitted also to the consideration of Congress whether, in the spirit of amity and conciliation which it is no less the inclination than the policy of the United States to preserve in their intercourse with other powers, it may not be proper to extend relief James Monroe 5,5 to the individuals interested in those cases by exempting from the opera- tion of the law all those vessels which have entered our ports without having had the means of previously knowing the existence of the addi- tional duty. The contest between Spain and the colonies, according to the most authentic information, is maintained by the latter with improved success. The unfortunate divisions which were known to exist some time since at Buenos Ayres it is understood still prevail. In no part of South America has Spain made any impression on the colonies, while in many parts, and particularly in Venezuela and New Grenada, the colonies have gained strength and acquired reputation, both for the management of Lhe war in which they have been successful and for the order of the internal administration. The late change in the Government of Spain, by the teestablishment of the constitution of 18 12, is an event which promises to be favorable to the revolution. Under the authority of the Cortes the Congress of Angostura was invited to open a negotiation for the settle- ment of differences between the parties, to which it was replied that they would willingly open the negotiation provided the acknowledgment of their independence was made its basis, but not otherwise. Of further proceedings between them we are uninformed. No facts are known to this Government to warrant the belief that any of the powers of Europe will take part in the contest, whence it may be inferred, considering all circumstances which must have weight in producing the result, that an adjustment will finally take place on the basis proposed by the colonies. To promote that result by friendly counsels with other powers, including Spain herself, has been the uniform policy of this Government. In looking to the internal concerns of our country you will, I am persuaded, derive much satisfaction from a view of the several objects to which, in the discharge of your official duties, your attention will be drawn. Among these none holds a more important place than the public revenue, from the direct operation of the power by which it is raised on the people, and by its influence in giving effect to every other power of the Government. The revenue depends on the resources of the country, and the facility by which the amount required is raised is a strong proof of the extent of the resources and of the efficiency of the Government. A few prominent facts will place this great interest in a just light before you. On the 30th of September, 18 15, the funded and floating debt of the United States was estimated at $ii9,635>558. If to this sum be added the amount of 5 per cent stock subscribed to the Bank of the United States, the amount of Mississippi stock and of the stock which was i.ssued subsequently to that date, the balances ascertained to be due to certain States for miHtary services and to individuals for supplies furnished and services rendered during the late war, the public debt may l)e estimated as amounting at that date, and as afterwards liquidated, to $158,713,049- On the 30th of September, 1820, it amounted to $91,993,883, having been 6.} 7 A/tssao-t's and Papers of the Presidents reduced in that iuten'al by payments $66,879, 165. During this term the exjx>nses of the Govennnent of the United States were hkewise defrayed in every branch of the civil, militar>^, and naval establishments; the public edifices in this city have been rebuilt with considerable additions; exten- sive fortifications have been commenced, and are in a train of execution; permanent arsenals and magazines have been erected in various parts of the Union; our Navy has been considerably augmented, and the ordnance, numitions of war, and stores of the Army and Navy, which were much exhausted during the war, have been replenished. By the discharge of so large a proportion of the public debt and the e:iccution of such extensive and important operations in so short a time a just estimate may be formed of the great extent of our national re- sources. The demonstration is the more complete and gratifying when it is recollected that the direct tax and excise were repealed soon after the termination of the late war, and that the revenue applied to these purposes has been derived almost wholly from other sources. The receipts into the Treasury from every source to the 30th of Sep- tember last have amounted to $16,794,107.66, whilst the public expend- itures to the same period amounted to $16,871,534.72, leaving in the Treasur>' on that day a sum estimated at $1,950,000. For the proba- ble receipts of the following year I refer you to the statement which will be transmitted from the Treasury. The sum of $3,000,000 authorized to be raised by loan by an act of the last session of Congress has been obtained upon terms advantageous to the Government, indicating not only an increased confidence in the faith of the nation, but the existence of a large amount of capital seeking that mode of investment at a rate of interest not exceeding 5 per cent per annum. It is proper to add that there is now due to the Treasury for the sale of public lands $22,996,545. In bringing this subject to view I consider it my duty to submit to Congress whether it may not be advisable to ex- tend to the purchasers of these lands, in consideration of the unfavorable change which has occurred since the sales, a reasonable indulgence. It is known that the purchases were made when the price of every article had risen to its greatest height, and that the installments are becoming due at a period of great depression. It is presumed that some plan may be devised by the wisdom of Congress, compatible with the public inter- est, which would afford great relief to these purchasers. Considerable progress has been made during the present season in ex amining the coast and its various bays and other inlets, in the collectioii of materials, and in the construction of fortifications for the defense of the Union at several of the positions at which it has been decided to erect such works. At Mobile Point and Dauphin Island, and at the Rigolets, lead- ing to Lake Pontchartrain, materials to a considerable amount have been collected, and all the necessary preparations made for the commencement James Monroe (^. g of the works. At Old Point Comfort, at the mouth of James River, and at the Rip- Rap, on the opposite shore in the Chesapeake Bay, materials to a vast amount have been collected; and at the Old Point some progress has been made in the construction of the fortification, which is on a very extensive scale. The work at Fort Washington, on this river, will be completed early in the next spring, and that on the Pea Patch, in the Del- aware, in the course of the next .season. Fort Diamond, at the Narrows, in the harbor of New York, will be finished this }-ear. The works at Bos- ton, New York, Baltimore, Norfolk, Charleston, and Niagara have been in part repaired, and the coast of North Carolina, extending south to Cape Fear, has been examined, as have likewise other parts of the coast east- ward of Boston. Great exertions have been made to push forward these works with the utmost dispatch possible; but when their extent is con.sid- ered, with the important purposes for which they are intended — the de- fense of the whole coast, and, in consequence, of the whole interior — and that they are to last for ages, it will be manifest that a well-digested plan, founded on military principles, connecting the whole together, combining security with economy, could not be prepared without repeated examina- tions of the most exposed and difficult parts, and that it would also take considerable time to collect the materials at the several points where they would be required. From all the light that has been .shed on this sub- ject I am satisfied that every favorable anticipation which has been formed of this great undertaking will be verified, and that when completed it will afford very great if not complete protection to our Atlantic frontier in the event of another war — a protection sufficient to counterbalance in a single campaign with an enemy powerful at sea the expense of all these works, without taking into the estimate the saving of the lives of so many of our citizens, the protection of our towns and other property, or the tend- ency of such works to prevent war. Our military positions have been maintained at Belle Point, on the Arkansas, at Council Bluffs, on the Missouri, at St. Peters, on the Mis- sissippi, and at Green Bay, on the upper I,akes. Commodious barracks have already been erected at most of these posts, with such works as were necessary for their defense. Progress has also been made in opening communications between them and in raising supplies at each for the support of the troops by their own labor, particularly those most remote. With the Indians peace has been preser\'ed and a progress made in carrying into effect the act of Congress making an appropriation for their civilization, with the prospect of favorable results. As connected equally with both these objects, our trade with those tribes is thouglit to merit the attention of Congress. In their original state game is their suste- nance and war their occupation, and if they find no employment from civilized powers they destroy each other. Left to themselves their extir- pation is inevitable. By a judicious regulation of our trade with tlicm we supply their wants, administer to their comforts, and gradually, as the 6 |o Messages and Papers of the Presidents game retires, draw them to us. By maintaining posts far in the interior we acquire a more thorough and direct control over them, without which it is confidently believed that a complete change in their manners can never be accomplished. By such posts, aided by a proper regulation of our trade with them and a judicious civil administration over them, to be provided for by law. we shall, it is presumed, be enabled not only to pro- tect our own settlements from their savage incursions and preserve peace among the several tribes, but accomplish also the great purpose of their civilization. Considerable progress has also been made in the construction of ships of war, some of which have been launched in the course of the present year. Our peace with the powers on the coast of Barbarj' has been preser\'ed, but we owe it altogether to the presence of our squadron in the Medi- terranean. It has been found equally necessary to emploj^ some of our vessels for the protection of our commerce in the Indian Sea, the Pacific, and along the Atlantic coast. The interests which we have depending in those quarters, which have been much improved of late, are of great extent and of high importance to the nation as well as to the parties con- cerned, and would undoubtedly suffer if such protection was not extended to them. In execution of the law of the last session for the suppression of the slave trade some of our public ships have also been employed on the coast of Africa, where several captures have already been made of vessels engaged in that disgraceful traflSc. JAMES MONROE. SPECIAL MESSAGES. December 12, 1820. To the Senate of the United States: In compliance with a resolution of the Senate of the 6th of Decem- ber, requesting that the agent employed under the act entitled ' 'An act authorizing the purchase of fire engines and building houses for the safe- keeping of the same" should report in the manner stated in the said resolution his conduct in execution of the said act, I now transmit to the Senate a report from the agent, which communicates all the information which has been desired. JAMES MONROE. December 14, 1820. To the Senate of the United States: I submit to the consideration of the Senate, for their advice and consent as to the ratification, the following treaties^ concluded with the several James Monroe 650 Indian tribes therein mentioned since the last session of Congress, with their documents, viz: With the Weas, Kickapoos, Chippeways, Ott'awas, Choctaws, and Mahas; and also a treaty with the Kickapoos amended as proposed by a resolution of the Senate at their last session. JAMES MONROE. Washington, December 14., 1S20. To the House of Representatives: In compliance with a resolution of the House of Representatives of the 2ist November last, requesting the President to lay before the House in- formation relating to the progress and expenditures of the commissioners under the fifth, sixth, and seventh articles of the treaty of Ghent, I now transmit a report from the Secretary of State, with documents containing all the information in the possession of that Department requested by the resolution. JAMES MONROE. Washington, January i, 182 1. To the House of Representatives of the United States: In compliance with a resolution of the House of Representatives of the 2 2d of November last, requesting the President to inform that House what naval force has been stationed for the protection of the commerce of our citizens in the West India Islands and parts adjacent during the present year, and whether any depredations by pirates or others upon the property of citizens of the United States engaged in such commerce have been reported to our Government, I now submit for the information of the House a report from the Secretary of the Navy, with accompanying documents, which contains all the information in the possession of the Government required by that resolution. JAMES MONROE. Washington, /(jwwflry 4., 1S21. To the House of Representatives: I communicate to the House of Representatives a report from the Sec- retary of State, which, with the papers accompanying it, contains all the information in the possession of the Executive requested by a resolution of the House of the 4th December last, on the subject of the African slave trade. ^ JAMES MONROE. Washington, January /, 1S21. To the House of Representatives: In compHance with a resolution of the House of Representatives of the 15th of December last, requesting the President of the United States to 651 Messages and Papers of the Presidents cause to Ix? laid before that House a statement of expenditures and receipts in the Indian Department; also the nature and extent of the contracts entered into, and with whom, from the 2d of March, 181 1, to the prCvSent I-)eriod, I now transmit a letter from the Secretary of War, with a report of the superintendent of Indian trade, which contains the informatioo desired. JAMES MONROE. Washington, January 12, 182 1. To the House of Representatives of the Ufiited States: I transmit to the House of Representatives a report from the Secretary of State, with the inclosed documents, relating to the negotiation for the suppression of the slave trade, which should have accompanied a mes- sage on that subject communicated to the House some time since, but which were accidentally omitted. JAMES MONROE. Washington, /awwary 18, 1821. To the Senate of the United States: In compHance with a resolution of the Senate of the 4th instant, "re- questing the President of the United States to communicate to the Senate any information he may have as to the power or authority which belonged to Don John Bonaventure Morales and to the Baron Carondelet to grant and dispose of the lands of Spain in Louisiana pre\'iously to the j^ear 1803, ' ' I transmit a report from the Secretary of the Treasury, submitting a let- ter of the Commissioner of the General Land OflSce, with the document to which it refers. JAMES MONROE. Washington, January 18, 1821. To the House of Representatives: In compliance with a resolution of the House of Representatives re- questing the President to inform the House, if in his opinion proper, whether any, and, if any, what, negotiations since the ist of January, 18 16, have been had with the Six Nations of Indians, or any portion of them, who the commissioners or agents were, the objects of the negotia- tion, the expenses of the same, the compensation of each commissioner, secretary, or agent, and to whom the moneys were paid, I now trans- mit a report from the Secretary of War communicating the information desired. JAMES MONROE. James Monroe 652 Washington, January j/, 1821. To the Senate and House oj Representatives: I transmit to Congress a report from the Secretary of the Treasury sub- mitting copies of the instructions given to the commissioners appointed under the act of the 15th of May, 1820, authorizing the location of a road from Wheeling, in the State of Virginia, to a point on the left bank of the Mississippi River between St. Louis and the mouth of the Illinois River, and copies of the report made by the said commissioners to the Treasury Department of the progress they have made in the execution of the duties prescribed by the said act, together with maps of the country through which the location is to be made. , . ^^^r^ ,,^^^^^« JAMES MONROE. To the Senate of the United States: February 5, 182 1. I herewith transmit, in confidence, to the Senate reports from the Sec- retary of State and of the Treasury, with the papers containing the cor- respondence and the information in possession of the Government the communication of which was requested by the resolution of the Senate of the 23d of last month. It is desired that the original letters may, when the Senate shall have no further use for them, be returned. JAMES MONROE. To the Senate of the United States: February 8, 1 82 1 . In compliance with a resolution of the Senate of the ist instant, request- ing the President of the United States ' ' to cause to be laid before the Sen- ate any information he may have in relation to the claims of citizens of Georgia against the Creek Nation of Indians, and why these claims, if any exist, have not been heretofore adjusted and settled under the provi- sions of the treaties of 1790 and 1796," I now transmit a report from the Secretary of War, with accompanying documents, which contains all the information on this subject in the possession of the Executive. JAMES MONROE. To the Senate of the United States: The ratification by the Spanish Government of the treaty of amity, .set- tlement, and Hmits between the United States and Spain, signed on the 22d of February, 18 19, and on the 24th of that month ratified on the part of the United States, has been received by the envoy extraordinary and minister plenipotentiary of that power at this place, who has given notice that he is ready to exchange the ratifications. By the sixteenth article of that treaty it was stipulated that the rati- fications should be exchanged within six months from the day of its 653 Messages and Papers of the Presidents signature, which time having elapsed before the ratification of Spain was given, a copy and translation thereof are now transmitted to the Senate for their advice and consent to receive it in exchange for the ratification of the United States heretofore executed. The treaty was submitted to the consideration of the Cortes of that Kingdom before its ratification, which was finally given with their assent and sanction. The correspondence between the Spanish minister of for- eign affairs and the minister of the United States at ]\Iadrid on that occa- sion is also herewith communicated to the Senate, together with a mem- orandum by the Secretary of State of his conference with the Spanish envoy here yesterday, when that minister gave notice of his readiness to exchange the ratifications. The return of the original papers now transmitted, to avoid the delay necessary' to the making of copies, is requested. JAMES MONROE. Washington, February 22, 182 1. To the Senate of the United States: In compliance with a resolution of the Senate of the i6th instant, re- questing ' ' the President of the United States to cause to be laid before the Senate the original order for building the barracks at Sacketts Har- bor, together with all communications between the War Department and Major- General Brown relative thereto, and the amount of public moneys expended thereon," I now transmit a report from the Secretary of War, with the papers inclosed, which contains the information desired. JAMES MONROE. Washington, February 22, 1821. To the Senate and House of Representatives of the United States: The treaty of amity, settlement, and hmits between the United States and Spain, signed on the 2 2d of February, 18 19, having been ratified by the contracting parties, and the ratifications having been exchanged, it is herewith communicated to Congress, that such legislative measures may be taken as they shall judge proper for carrying the same into execution. JAMES MONROE. Washington, February 24, 182 1. To the Senate and House of Representatives of the United States: I transmit to Congress a letter from the Secretary of War, inclosing an annual return of the militia of the United States, prepared by the Adjutant and Inspector General conformably to the militia laws on that subject. iAMES MONROE. James Monroe 6^4 Washington, February 28, 1821. To the Senate and House of Representatives of the United States: I herewith transmit to Congress certain extracts and a copy of letters received by the Secretary of State from the marshal of the United States for the eastern district of Virginia, in relation to the execution of the act of the 14th of March, 1820, to provide for taking the Fourth Census, together with the answers returned to that marshal by the Secretary of State. As the time within which the assistants of the marshals can legally make their returns expired on the first Monday of the present month, it would appear by the information from the marshal at Rich- mond that the completion of the Fourth Census as it respects the eastern district of Virginia will have been defeated not only as it regards the period contemplated by law, but during the whole of the current year, unless Congress, to whom the case is submitted, should by an act of the present session allow further time for making the returns in question. As connected with this subject, it is also submitted for the considera- tion of Congress how far the marshals ought to be liable to the payment of postage on the conveyance of the papers concerning the census and manufactures by the mail. In one instance it has been already ascer- tained that this item of contingent expense will amount to nearly a moiety of the compensation of the marshal for the whole of his services. If the marshals are to be relieved from this charge, provision will be necessary by law either for the admission of it in their accounts or the refunding of it by the respective postmasters. JAMES MONROE Washington, March 2, 182 1. To the Congress of the United States: I communicate to the two Houses of Congress copies of a treaty this day ratified on the part of the United States, concluded and signed at the Indian Springs on the 8th of January last, with the Creek Nation of Indians, in order to such legislative measures as may be necessary for giving effect to it. JAMES MONROE. Washington, March j, 1S21. To the House of Representatives of the United States: The treaty concluded between the United States and the Kickapoo tribe of Indians on the 30th of July, 1820, having been ratified by and with the advice and consent of the Senate, I now lay a copy of the said treaty before the House of Representatives in order to such legislative provisions being made as may be necessary to carry into effect the stipu- lations therein contained on the part of the United States. JAMES MONROE. ^55 Messages and Papers of the Presidents SECOND INAUGURAL ADDRESS. Fellow-Citizens: I shall not attempt to describe the grateful emo« tions which the new and ^•ery distinguished proof of the confidence of my fellow-citizens, evinced by ni}' reelection to this high trust, has excited in my bosom. The approbation which it announces of my conduct in the preceding term affords me a consolation which I shall profoundly feel through life. The general accord with which it has been expressed adds to the great and never-ceasing obligations which it imposes. To merit the continuance of this good opinion, and to carry it with me into my re- tirement as the solace of advancing years, will be the object of my most zealous and unceasing efforts. Ha\'ing no pretensions to the high and commanding claims of my pred- ecessors, whose names are so much more conspicuously identified with our Revolution, and who contributed vSO preeminently to promote its suc- cess, I consider myself rather as the instrument than the cause of the union which has prevailed in the late election. In surmounting, in favor of my humble pretensions, the difiSculties which so often produce division in like occurrences, it is obvious that other powerful causes, indicating the great strength and stabiHty of our Union, have essentially contributed to draw you together. That these powerful causes exist, and that they are permanent, is my fixed opinion; that thej^ max produce a like accord in all questions touching, however remotely, the liberty, prosperity, and happiness of our countr}^ will always be the object of my most fervent prayers to the Supreme Author of All Good. In a government which is founded by the people, who possess exclu- sively the sovereignty, it seems proper that the person who may be placed by their suffrages in this high trust should declare on commencing its duties the principles on which he intends to conduct the Administration. If the person thus elected has serv^ed the preceding term, an opportunity is afforded him to review its principal occurrences and to give such fur- ther explanation respecting them as in his judgment may be useful to his constituents. The events of one year have influence on those of another, and, in like manner, of a preceding on the succeeding Administration. The movements of a great nation are connected in all their parts. If errors have been committed they ought to be corrected; if the policy is sound it ought to be supported. It is by a thorough knowledge of the whole subject that our fellow-citizens are enabled to judge correctly of the past and to give a proper direction to the future. Just before the commencement of the last term the United States had concluded a war with a very powerful nation on conditions equal and honorable to both parties. The events of that war are too recent and too deeply impressed on the memory of all to require a development from me. Our commerce had been in a ^reat measure driven from the sea; James Monroe 656 our Atlantic and inland frontiers were invaded in almost ever}' part; the waste of life along our coast and on some parts of our inland frontiers, to the defense of which our gallant and patriotic citizens were called, was immense, in addition to which not less than $120,000,000 were added at its end to the public debt. ^ As soon as the war had terminated, the nation, admonished by its events, resolved to place itself in a situation which should be better cal- culated to prevent the recurrence of a like evil, and, in case it should recur, to mitigate its calamities. With this view, after reducing our land force to the basis of a peace establishment, which has been further modified since, provision was made for the construction of fortifications at proper points through the whole extent of our coast and such an augmentation of our naval force as should be well adapted to both purposes. The laws making this provision were passed in 18 15 and 18 16, and it has been since the constant effort of the Executive to carry them into effect. The advantage of these fortifications and of an augmented naval force in the extent contemplated, in a point of economy, has been fully illus- trated by a report of the Board of Engineers and Naval Commissioners lately communicated to Congress, by which it appears that in an invasion by 20,000 men, with a correspondent naval force, in a campaign of six months only, the whole expense of the construction of the works would be defrayed by the difference in the sum necessary to maintain the force which would be adequate to our defense with the aid of those works and that which would be incurred without them. The reason of this differ- ence is obvious. If fortifications are judiciously placed on our great inlets, as distant from our cities as circumstances will permit, thej'' will form the only points of attack, and the enemy will be detained there by a small regular force a suf&cient time to enable our militia to collect and repair to that on which the attack is made. A force adequate to the enemy, collected at that single point, with suitable preparation for such others as might be menaced, is all that would be requisite. But if there were no fortifications, then the enemy might go where he pleased, and, changing his position and sailing from place to place, our force must be called out and spread in vast numbers along the whole coast and on both sides of every bay and river as high up in each as it might be naviga- ble for ships of war. By these fortifications, supported by our Navy, to which they would afford like support, we should present to other powers an armed front from St. Croix to the Sabine, which would j)rot(jct in the event of war our whole coast and interior from invasion; and even in the wars of other powers, in which we were neutral, they would lie found eminently useful, as, by keeping their public ships at a distance from our cities, peace and order in them would be preserved and the Government be protected from insult. It need scarcely be remarked that these measures have not been resorted to in a spirit of hostihty to other powers. Sucli a disposition 657 Messages and Papers of the Presidents does not exist toward any jx)wer. Peace and good will have been, and will hereafter be, cultivated with all, and by the most faithful regard to justice. They have been dictated by a love of peace, of economy, and an earnest desire to save the lives of our fellow-citizens from that destruc- tion and our country from that devastation which are inseparable from war when it finds us unprepared for it. It is believed, and experience has shown, that such a preparation is the best expedient that can be resorted to to prevent war. I add with much pleasure that considera- ble progress has already been made in these measures of defense, and that they will be completed in a few years, considering the great extent and importance of the object, if the plan be zealously and steadily perse- vered in. The conduct of the Government in what relates to foreign powers is always an object of the highest importance to the nation. Its agriculture, commerce, manufactures, fisheries, revenue, in short, its peace, may all be affected by it. Attention is therefore due to this subject. At the period adverted to the powers of Europe, after having been engaged in long and destructive wars with each other, had concluded a peace, which happily still exists. Our peace with the power with whom we had been engaged had also been concluded. The war between Spain and the colonies in South America, which had commenced many years before, was then the only conflict that remained unsettled. This being a contest between different parts of the same community, in which other powers had not interfered, was not affected by their accommodations. This contest was considered at an early stage by my predecessor a civil war in which the parties were entitled to equal rights in our ports. This decision, the first made by any power, being formed on great con- sideration of the comparative strength and resources of the parties, the length of time, and successful opposition made by the colonies, and of all other circumstances on which it ought to depend, was in strict accord with the law of nations. Congress has invariably acted on this principle, having made no change in our relations with either party. Our attitude has therefore been that of neutrality between them, which has been main- tained by the Government with the strictest impartiality. No aid has been afforded to either, nor has any privilege been enjoyed by the one which has not been equally open to the other party, and every exertion has been made in its power to enforce the execution of the laws prohib- iting illegal equipments with equal rigor against both. By this equality between the parties their pubHc vessels have been received in our ports on the same footing; they have enjoyed an equal right to purchase and export arms, munitions of war, and every other supply, the exportation of all articles whatever being permitted under laws which were passed long before the commencement of the contest; our citizens have traded equally with both, and their commerce with each has been alike protected by the Government. \ James Mofiroe 65S Respecting the attitude which it may be proper for the United States to maintain hereafter between the parties, I have no hesitation in stating it as my opinion that the neutrahty heretofore observ^ed should still be adhered to. From the change in the Government of Spain and the nego- tiation now depending, invited by the Cortes and accepted by the colonies, it may be presumed that their differences will be settled on the terms proposed by the colonies. Should the war be continued, the United States, regarding its occurrences, will always have it in their power to adopt such measures respecting it as their honor and interest may require. Shortly after the general peace a band of adventurers took advantage of this conflict and of the facility which it afforded to establish a system of buccaneering in the neighboring seas, to the great annoyance of the commerce of the United States, and, as was represented, of that of other powers. Of this spirit and of its injurious bearing on the United States strong proofs were afforded by the establishment at Amelia Island, and the purposes to which it was made instrumental by this band in 1817, and by the occurrences which took place in other parts of Florida in 1 8 18, the details of which in both instances are too well known tore- quire to be now recited. I am satisfied had a less decisive course been adopted that the worst consequences would have resulted from it. We have seen that these checks, decisive as they were, were not sufficient to crush that piratical spirit. Many culprits brought within our limits have been condemned to suffer death, the punishment due to that atro- cious crime. The decisions of upright and enlightened tribunals fall equally on all whose crimes subject them, by a fair interpretation of the law, to its censure. It belongs to the Executive not to suffer the execu- tions under these decisions to transcend the great purpose for which pun- ishment is necessary. The full benefit of example being secured, policy as well as humanity equally forbids that they should be carried further. I have acted on this principle, pardoning those who appear to have been led astray by ignorance of the criminality of the acts they had commit- ted, and suffering the law to take effect on those only in whose favor no extenuating circumstances could be urged. Great confidence is entertained that the late treaty with Spain, which has been ratified by both the parties, and the ratifications whereof have been exchanged, has placed the relations of the two countries on a basis of permanent friendship. The provision made by it for such of our citi- zens as have claims on Spain of the character descried will, it is pre- sumed, be very satisfactory to them, and the boundary which is established between the territories of the parties westward of the Mississippi, hereto- fore in dispute, has, it is thought, been settled on conditions just and advantageous to both. But to the acquisition of Florida too nuich impor- tance can not be attached. It secures to the United States a territory important in itself, and whose importance is much increased by its Rear- ing on many of the highest interests of the Union. It opens to several 659 Messages and Papers of the Presidents of the neighboring States a free passage to the ocean, through the Prov- ince ceded, by several rivers, having their sources high up within their limits. It secures us against all future annoyance from powerful Indian tribes. It gives tis several excellent harbors in the Gulf of Mexico for ships of war of the largest size. It covers by its position in the Gulf the Mississippi and other great waters within our extended limits, and thereby enables the United States to afford complete protection to the vast and very valuable productions of our whole Western country, which find a market through those streams. By a treaty with the British Government, bearing date on the 20th of October, iSiS, the convention regulating the commerce between the United States and Great Britain, concluded on the 3d of July, 18 15, which was about expiring, was re\nved and continued for the term of ten 3'ears from the time of its expiration. By that treaty, also, the differences which had arisen under the treaty of Ghent respecting the right claimed by the United States for their citizens to take and cure fish on the coast of His Britannic Majesty's dominions in America, wdth other differences on important interests, were adjusted to the satisfaction of both parties. No agreement has yet been entered into respecting the commerce between the United States and the British dominions in the West Indies and on this continent. The restraints imposed on that commerce by Great Britain, and reciprocated by the United States on a principle of defense, continue still in force. The negotiation with France for the regulation of the commercial rela- tions between the two countries, which in the course of the last summer had been commenced at Paris, has since been transferred to this city, and will be pursued on the part of the United States in the spirit of concilia- tion, and with an earnest desire that it may terminate in an arrangement satisfactory to both parties. Our relations with the Barbary Powers are preserved in the same state and by the same means that were employed when I came into this office. As early as 1801 it was found necessary to send a squadron into the Med- iterranean for the protection of our commerce, and no period has inter- vened, a short term excepted, when it was thought advisable to withdraw it. The great interests which the United States have in the Pacific, in commerce and in the fisheries, have also made it necessary to maintain a naval force there. In disposing of this force in both instances the most effectual measures in our power have been taken, without interfering with its other duties, for the suppression of the slave trade and of piracy in the neighboring seas. The situation of the United States in regard to their resources, the ex- tent of their revenue, and the facility with which it is raised affords a most gratifying spectacle. The payment of nearly $67,000,000 of the public debt, with the great progress made in measures of defense and in other improvements of various kinds ^ce the late war, are conclusive James Monroe 660 proofs of this extraordinary prosperity, especially when it is recollected that these expenditures have been defrayed without a burthen on the peoi>le, the direct tax and excise having been repealed soon after the con- clusion of the late war, and the revenue applied to these great objects hav- ing been raised in a manner not to be felt. Our great resources therefore remain untouched for any purpose which may affect the vital interests of the nation. For all such purposes they are inexhaustible. They are more especially to be found in the virtue, patriotism, and intelligence of our fellow-citizens, and in the devotion with which they would yield up by any just measure of taxation all their property in support of the rights and honor of their country. Under the present depression of prices, affecting all the productions of the country and every branch of industry, proceeding from causes ex- plained on a former occasion, the revenue has considerably diminished, the effect of which has been to compel Congress either to abandon these great measures of defense or to resort to loans or internal taxes to supply fhe deficieitcy. On the presumption that this depression and the defi- ciency in the revenue arising from it would be temporarj', loans were authorized for the demands of the last and present year. Anxious to relieve my fellow-citizens in 18 17 from every burthen which could be dis- pensed with, and the state of the Treasury permitting it, I recommended the repeal of the internal taxes, knowing that such relief was then pe- culiarly necessary in consequence of the great exertions made in the late war. I made that recommendation under a pledge that should the public exigencies require a recurrence to them at any time while I remained in this trust, I would with equal promptitude perform the duty which would then be alike incumbent on me. By the experiment now making it will be seen by the next session of Congress whether the revenue shall have been so augmented as to be adequate to all these necessary purposes. Should the deficiency still continue, and especially should it be probable that it would be permanent, the course to be pursued appears to me to be obvious. I am satisfied that under certain circumstances loans may be resorted to with great advantage. I am equally well satisfied, as a general rule, that the demands of the current year, especially in time of peace, should be provided for by the revenue of that year. I have never dreaded, nor have I ever shunned, in any situation in which I have been placed making appeals to the virtue and patriotism of my fellow-citizens, well knowing that they could never l)c made in vain, especially in times of great emergency or for purposes of high national importance. Independently of the exigency of the case, many consider- ations of great weight urge a policy having in view a provision of revenue to meet to a certain extent the demands of the nation, without relying altogether on the precarious resource of foreign commerce. I am satisfied that internal duties and excises, with corresponding imposts on foreign articles of the same kind, would, without imposing any serious burdens 66i Messages and Papers of the Presidents on the people, enhance the price of prockice, promote our manufactures, and augment the revenue, at the same time that they made it more secure and jK^mianent. Tne care of the Indian tribes within our Hmits has long been an essen- tial part of our system, but, unfortunately, it has not been executed in a manner to accomplish all the objects intended by it. We have treated them as independent nations, without their having any substantial pre- tensions to that rank. The distinction has flattered their pride, retarded their improvement, and in many instances paved the way to their de- struction. The progress of our settlements westward, supported as they are by a dense population, has constantly driven them back, with almost the total sacrifice of the lands which they have been compelled to aban- don. They have claims on the magnanimity and, I may add, on the justice of this nation which we must all feel. We should become their real benefactors; we should perform the office of their Great Father, the endearing title whicii they emphatically give to the Chief Magistrate of our Union, Theii' sovereignty over vast territories should cease, in lieu of whicli the right of soil should be secured to each individual and his posterity in competent portions; and for the territory thus ceded by each tribe some reasonable equivalent should be granted, to be vested in per- manent funds for the support of civil government over them and for the education of their children, for their instruction in the arts of husbandry, and to provide sustenance for them until they could pro^dde it for them- selves. My earnest hope is that Congress will digest some plan, founded on these principles, with such improvements as their wisdom may sug- gest, and carry it into effect as soon as it may be practicable. Europe is again unsettled and the prospect of war increasing. Should the flame light up in any quarter, how far it may extend it is impossible to foresee. It is our peculiar felicity to be altogether unconnected with the causes which produce this menacing aspect elsewhere. With every power we are in perfect amity, and it is our interest to remain so if it be practicable on just conditions. I see no reasonable cause to apprehend variance with any power, unless it proceed from a violation of our mari- time rights. In these contests, should they occur, and to whatever ex- tent they may be carried, we shall be neutral; but as a neutral power we have rights which it is our duty to maintain. For like injuries it will be incumbent on us to seek redress in a spirit of amity, in full con- fidencF that, injuring none, none would knowingly injure us. For more imminent dangers we should be prepared, and it should always be recol- lected that such preparation adapted to the circumstances and sanctioned by the judgment and wishes of our constituents can not fail to have a good effect in averting dangers of every kind. We should recollect also that the season of peace is best adapted to these preparations. If we turn our attention, fellow-citizens, more immediately to the in- ternal concerns of our country, and more especially to those on which its James Monroe 662 future welfare depends, we have every reason to anticipate the happiest results. It is now rather more than forty-four years since we declared our independence, and thirty-seven since it was acknowledged. The tal- ents and virtues which were displayed in that great struggle were a sure presage of all that has since followed. A people who were able to sur- mount in their infant state such great perils would be more competent as they rose into manhood to repel any which they might meet in their progress. Their physical strength would be more adequate to foreign danger, and the practice of self-government, aided by the light of expe- rience, could not fail to produce an effect equally salutary on all those questions connected with the internal organization. These favorable anticipations have been realized. In our whole system, national and State, we have shunned all the de- fects which unceasingly preyed on the vitals and destroyed the ancient Republics. In them there were distinct orders, a nobility and a people, or the people governed in one assembly. Thus, in the one instance there was a perpetual conflict between the orders in society for the ascendency, in which the victory of either terminated in the overthrow of the govern- ment and the ruin of the state; in the other, in which the people gov- erned in a body, and whose dominions seldom exceeded the dimensions of a county in one of our States, a tumultuous and disorderly movement permitted only a transitory existence. In this great nation there is but one order, that of the people, whose power, by a peculiarly happy im- provement of the representative principle, is transferred from them, with- out impairing in the slightest degree their sovereignty, to bodies of their own creation, and to persons elected by themselves, in the full extent necessary for all the purposes of free, enlightened, and efficient govern- ment. The whole system is elective, the complete sovereignty being in the people, and every officer in every department deriving his authority from and being responsible to them for his conduct. Our career has corresponded with this great outline. Perfection in our organization could not have been expected in the outset either in the National or State Governments or in tracing the line l^ctwecn their respective powers. But no serious conflict has arisen, nor any contest but such as are m. naged by argument and by a fair appeal to the good sense of the people, and many of the defects which experience had clearly demonstrated in both Governments have been remedied. By steadily pursuing this course in this spirit there is every reason to believe that our system will soon attain the highest degree of perfection of which hu- man institutions are capable, and that the movement in all its branches will exhibit such a degree of order and harmony as to command the admiration and respect of the civilized world. Our physical attainments have not been less eminent. Twenty-five years ago the river Mississippi was shut up and our Western brethren had no QUtlet for their commerce. What has been the progress since 663 Messages and Papers of the Presidents that time? The river has not only become the property of the United States from its source to the ocean, with all its tributary streams (with the exception of the upper part of the Red River only), but IvOuisiana, with a fair and liberal boundary on the western side and the Floridas on the eastern, have been ceded to us. The United States now enjoy the complete and mnnterrupted sovereignty over the whole territory from St. Croix to the Sabine. New States, settled from among ourselves in this and in other parts, have been admitted into our Union in equal participation in the national sovereignty with the original States. Our population has augmented in an astonishing degree and extended in every direction. We now, fellow-citizens, comprise within our limits the dimensions and faculties of a great power under a Government pos- sessing all the energies of an}^ government ever known to the Old World, with an utter incapacity to oppress the people. Entering with these views the office which I have just solemnly sworn to execute with fidelity and to the utmost of my ability, I derive great satisfaction from a knowledge that I shall be assisted in the several Departments by the very enlightened and upright citizens from whom I have received so much aid in the preceding term. With full confidence in the continuance of that candor and generous indulgence from my fellow-citizens at large which I have heretofore experienced, and with a firm reliance on the protection of Almighty God, I shall forthwith com- mence the duties of the high trust to which you have called me. March 5, 1821, PROCLAMATIONS. By the President of the United States op America. A proclamation. Whereas information has been received that an atrocious murder, aggravated by the additional crime of robbery, wa.-\ jn the 6th or 7th tay of this present month, committed in the county of Alexandria and District of Columbia on William Seaver, late of this city; and Whereas the apprehension and punishment of the murderer or mur- derers and his or their accessary or accessaries will be an example due to justice and humanity and every way salutary in its operation: I have therefore thought fit to issue this my proclamation, hereby ex- horting the citizens of the United States, and particularly those of thi? District, and requiring all ofiicers, according to their respective stations, to use their utmost endeavors to apprehend and bring the principal 01' principals, accessary or accessaries, to the said murder to justice. James Monroe 664 And I do moreover offer a reward of $300 for each principal, if there be more than one, and $150 for each accessary before the fact, if there be more than one, who shall be apprehended after the day of the date hereof and brought to justice, to be paid upon his conviction of the crime or crimes aforesaid. In testimony whereof I have caused the seal of the United States to be affixed to these presents, and signed the same with my hand. [SEAI..] Done at the city of Washington, this 10th day of July, A. D. 182 1, and of the Independence of the United States the forty- sixth. JAMES MONROE. By the President: John Quincy Adams, Secretary of State. By the President of the United States, a proclamation. Whereas the Congress of the United States, by a joint resolution of the 2d day of March last, entitled " Resolution providing for the admis- sion of the State of Missouri into the Union on a certain condition," did determine and declare ' ' that Missouri should be admitted into this Union on an equal footing with the original States in all respects whatever upon the fundamental condition that the fourth clause of the twenty- sixth section of the third article of the constitution submitted on the part of said State to Congress shall never be construed to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the States of this Union shall be excluded from the enjoyment of any of the privileges and immunities to which such citizen is entitled under the Constitution of the United States: Provided, That the legislature of said State, by a solemn public act, shall declare the assent of the said State to the said fundamental condition, and shall transmit to the President of the United States on or before the first Mon- day in November next an authentic copy of said act, upon the receipt txrhereof the President, by proclamation, shall announce the fact, where- upon, and without any further proceeding on the part of Congress, the admission of the said State into this Union shall be considcrcil as com- plete; " and Whereas by a solemn public act of the assembly of said State of Mis- souri, passed on the 26th of June, in the present year, entitled "A solemn public act declaring the assent of this State to the fundamental condition contained in a resolution passed by the Congress of the United States providing for the admission of the State of Missouri into the Union on a certain condition," an authentic copy whereof has been ccjinmnnicatc-d lu me, it is solemnly and publicly enacted and declared that that Stale liaa 665 Messages and Papers o/the Presidents assented, and dcx^s :issciit, that the fourth clause of the twenty-sixth sec- tion of the third article of the constitution of said State "shall never be construed to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the United States shall be excluded from the enjoyment of any of the privileges and imnninities to which such citizens are entitled luider the Constitution of the United States:" Now, therefore, I, James Monroe, President of the United vStates, in pursuance of the resolution of Congress aforesaid, have issued this my proclamation, announcing the fact that the said State of Missouri has assented to the fundamental condition required by the resolution of Con- gress aforesaid, whereupon the admission of the said State of Missouri into this Union is declared to be complete. In testimony whereof I have caused the seal of the United States of America to be affixed to these presents, and signed the same with my hand. lSEAL.] Done at the city of Washington, the loth day of August, A. D. 1 82 1, and of the Independence of the said United States of America the forty-sixth. By the President: ^^^^ MONROE. John Quincy Adams, Secretary of State. By the President of the United States of America, a proclamation. Whereas by an act of the Congress of the United States of the 3d of March, 18 15, so much of the several acts imposing duties on the ships and vessels and on goods, wares, and merchandise imported into the United States as imposed a discriminating duty of tonnage between foreign vessels and vessels of the United States and between goods im- ported into the United States in foreign vessels and vessels of the United States were repealed so far as the same respected the produce or manu- facture of the nation to which such foreign ship or vessel might belong, such repeal to take effect in favor of any foreign nation whenever the President of the United States should be satisfied that the discriminating or countervailing duties of such foreign nation so far as they operate to the disadvantage of the United States have been abolished; and Whereas satisfactor>' proof has been received by me, through the charge d'affaires of the United States in Sweden, under date of the 30th day of January, 1821, that thenceforward all discriminating or counter- vailing duties in the Kingdom of Norway so far as they operated to the disadvantage of the United States had been and were abolished:- Now, therefore, I, James Monroe, President of the United States of James Monroe 6^,5 America, do hereby declare and proclaim that so much of the several acts imposing duties on the tonnage of ships and vessels and on goods, wares, and merchandise imported into the United States as imposed a discriminating duty of tonnage between vessels of the Kingdom of Nor- way and vessels of the United States and between goods imported into the United States in vessels of the said Kingdom of Norway and vessels of the United States are repealed so far as the same respect the produce or manufacture of the said Kingdom of Norway. Given under my hand, at the city of Washington, this 20th day of August, A. D. 182 1, and the forty-sixth year of the Independence of the United States. JAMES MONROE. By the President: John Quincv Adams, Secretary of State. By the President of the United States of America. A proclamation. Whereas by an act of the Congress of the United States of the 3d of March, 18 15, so much of the several acts imposing duties on the ships and vessels and on goods, wares, and merchandise imported into the United States as imposed a discriminating duty of tonnage between for- eign vessels and vessels of the United States and between goods imported into the United States in foreign vessels and vessels of the United States were repealed so far as the .same respected the produce or manufacture of the nation to which such foreign ship or vessel might belong, such repeal to take effect in favor of any foreign nation whenever the President of the United States should be satisfied that the discriminating or counter- vailing duties of such foreign nation so far as they operate to the disad- vantage of the United States have been abolished; and Whereas satisfactory proof has been received by me, under date of the nth of May last, that thenceforward all discriminating or countervailing duties of the Dukedom of Oldenburg so far as they might operate to the disadvantage of the United vStates should be and were abolished upon His Highness the Duke of Oldenburg's being duly certified of a reciprocal act on the part of the United States : Now, therefore, I, James Monroe, President of the United States of America, do hereby declare and proclaim that so nuicli of the several acts imposing duties on the tonnage of ships and vessels and on gwxls, wares, and merchandise imported into the United States as imposed a discrim- inating duty of tonnage between vessels of the Dukedom of Oldc-iibiug and vessels of the United States and between goods iiii])<.rt( .1 im-. the United States in vessels of the said Dukedom of Oldenburg and vessels M P— vol, I— 23 66; Aft'ss(7i^^rs and Papers of the Presidents of the I'liited Slates are repealed so far as the same respect the produce or mamifacture of the said Dukedom of Oldenburg. Given under my hand, at the city of Washington, this 22d day oi November, A. D. 1S21, and the forty-sixth year of the Independence of the United States. JAMKS MONROK. By the President: John Quincy Adams, Secretary 0/ State. FIFTH ANNUAL MESSAGE. Washington, December j, 1821. Fello'V-Citiseyis of the Senate a7id of the House of Represeyitatives: The progress of our affairs since the last session has been such as may justly be claimed and expected under a Government deriving all its powers from an enlightened people, and under laws formed by their representa- tives, on great consideration, for the sole purpose of promoting the welfare and happiness of their constituents. In the execution of those laws and of the powers vested by the Constitution in the Executive, unremitted at- tention has been paid to the great objects to which they extend. In the concerns which are exclusively internal there is good cause to be satis- fied with the result. The laws have had their due operation and effect. In those relating to foreign powers, I am happy to state that peace and amity are preserved with all by a strict observance on both sides of the rights of each. In matters touching our commercial intercourse, where a differ- ence of opinion has existed as to the conditions on which it should be placed, each party has pursued its own policy without giving just cause of offense to the other. In this annual communication, especially when it is addressed to a new Congress, the whole scope of our political con- cerns naturally comes into view, that errors, if such have been commit- ted, may be corrected; that defects which have become manifest may be remedied; and, on the other hand, that measures which were adopted on due deliberation, and which experience has shewn are just in themselves and essential to the public welfare, should be persevered in and supported. In performing this necessary and very important duty I shall endeavor to place before you on its merits every subject that is thought to be entitled to your particular attention in as distinct and clear a light as I may be able. By an act of the 3d of March, 18 15, so much of the several acts as imposed higher duties on the tonnage of foreign vessels and on the manufactures and productions of foreign nations when imported into the United States in foreign vessels than when imported in vessels of the James Monroe 668 United States were repealed so far as respected the manufactures and productions of the nation to which such vessels belonged, on the condi- tion that the repeal should take effect only in favor of any foreign nation when the Executive should be satisfied that such discriminating duties to the disadvantage of the United States had likewise been repealed by such nation. By this act a proposition was made to all nations to place our commerce with each on a basis which it was presumed would be acceptable to all. Kvery nation was allowed to bring its manufactures and productions into our ports and to take the manufactures and produc- tions of the United States back to their ports in their own vessels on the same conditions that they might be transported in vessels of the United States, and in return it was required that a like accommodation should be granted to the vessels of the United States in the ports of other pow- ers. The articles to be admitted or prohibited on either side formed no part of the proposed arrangement. Each party would retain the right to admit or prohibit such articles from the other as it thought proper, and on its own conditions. When the nature of the commerce between the United States and every other country was taken into view, it was thought that this proposition would be considered fair, and even hberal, by every power. The exports of the United States consist generally of articles of the first necessity and of rude materials in demand for foreign manufactories, of great bulk, requiring for their transportation many vessels, the return for which iu the manufactures and productions of any foreign country' , even when dis- posed of there to advantage, may be brought in a single vessel. This observation is the more especially applicable to those countries from which manufactures alone are imported, but it applies in a great extent to the European dominions of every European power and in a certain extent to all the colonies of those powers. By placing, then, the naviga- tion precisely on the same ground in the transportation of exports and imports between the United States and other countries it was presumed that all was offered which could be desired. It seemed to be the only proposition which could be devised which would retain e\'en the sem- blance of equality in our favor. Many considerations of great weight gave us a right to expect that this commerce should be extended to the colonies as well as to the iCuropcan dominions of other powers. With the latter, especially with countries exclusively manufacturing, the advantage was manifestly on their side. An indemnity for that loss was expected from a trade with the colonics, and with the greater reason as it was known that the supplies which the colonies derived from us were of the highest importance to them, Iheir labor being bestowed with so much greater profit in the culture of other articles; and because, likewise, the articles of which those supplies con- sisted, forming so large a proportion of the exports of the United States, were never admitted into any of the ports of Europe except iu cases of 669 Messages and Papers of the Presidents great emergency to avert a serious calamity. When no article is admitted which is not required to supply the ^vants of the party admitting it, and admitted then not in favor of any particular country to the disadvantage of others, but on conditions ecjually applicable t.) all, it seems just that the articles thus admitted and invited should be carried thither in the vessels of the country affording such supply and that the reciprocity should be found in a corresponding accommodation on the other side. By allowing each party to participate in the transportation of such supplies on the payment of equal tonnage a strong proof was afforded of an accommoda- ting spirit. To abandon to it the transportation of the whole would be a sacrifice which ought not to be expected. The demand in the present instance would be the more unreasonable in consideration of the great inequality existing in the trade with the parent country. Such was the basis of our system as established by the act of 18 15 and such its true character. In the year in which this act was passed a treaty was concluded with Great Britain, in strict conformity with its principles, in regard to her European dominions. To her colonies, however, in the West Indies and on this continent it was not extended, the British Government claiming the exclusive supply of those colonies, and from our own ports, and of the productions of the colonies in return in her own vessels. To this claim the United States could not assent, and in consequence each partj^ suspended the intercourse in the vessels of the other by a prohibition which still exists. The same conditions were offered to France, but not accepted. Her Government has demanded other conditions more favorable to her navi- gation, and which should also give extraordinary^ encouragement to hei manufactures and productions in ports of the United States. To these it was thought impioper to accede, and in consequence the restrictive reg- ulations which had been adopted on her part, being counter\^ailed on the part of the United States, the direct commerce between the two countries in the vessels of each party has been in a great measure suspended. It is much to be regretted that, although a negotiation has been long pending, such is the diversity of \dews entertained on the various points which have been brought into discussion that there does not appear to be any reasonable prospect of its early conclusion. It is m}' duty to state, as a cause of very great regret, that very serious differences have occurred in this negotiation respecting the constructioH of the eighth article of the treaty of 1803, by which Louisiana was ceded to the United States, and likewise respecting the seizure of the Apollo, in 1820, for a violation of our revenue laws. The claim of the Government of Fra:ace has excited not less surprise than concern, because there does not appear to be a just foundation for it in either instance. By the eighth article of the treaty referred to it is stipulated that after the expiration of twelve years, during which time it was provided by the seventh or pre- ceding article that the vessels of France and Spain should be admitted James Monroe gi^o into the ports of the ceded territory without paying higher duties on mer- chandise or tonnage on the vessels than such as were paid by citizens of the United States, the ships of France should forever afterwards be placed on the footing of the most favored nation. By the obvious construction of this article it is presumed that it was intended that no favor should be granted to any power in those ports to which France should not be forthwith entitled, nor should any accommodation be allowed to another power on conditions to which she would not also be entitled on the same conditions. Under this construction no favor or accommodation could be granted to any power to the prejudice of France. By allowing the equivalent allowed by those powers she would always stand in those ports on the footing of the most favored nation. But if this article should be so construed as that France should enjoy, of right, and without paying the equivalent, all the advantages of such conditions as might be allowed to other powers in return for important concessions made by them, then the whole character of the stipulation would be changed. She would not be placed on the footing of the most favored nation, but on a footing held by no other nation. She would enjoy all advantages allowed to them in consideration of like advantages allowed to us, free from everj'^ and any condition whatever. As little cause has the Government of France to complain of the seizure of the Apollo and the removal of other vessels from the waters of the St. Marys. It will not be denied that every nation has a right to regulate its commercial system as it thinks fit and to enforce the collection of its revenue, provided it be done without an invasion of the rights of other powers. The violation of its revenue laws is an offense which all nations punish, the punishment of which gives no just cause of complaint to the power to which the offenders belong, provided it be extended to all equally. In this case every circumstance which occurred indicated a fixed purpose to violate our revenue laws. Had the party intended to have pursued a fair trade he would have entered our ports and paid the duties; or had he intended to carry on a legitimate circuitous commerce with the United States he would have entered the port of some other power, landed his goods at the custom-house according to law, .md re- shipped and sent them in the vessel of such power, or of .some other power which might lawfully bring them, free from such duties, to a port of the United States. But the conduct of the party in this case was alto- gether different. He entered the river St. Marys, the lx)undary line between the United States and Florida, and toc^k his position on the Spanish side, on which in the whole extent of the river there was no town, no port or custom-house, and scarcely any settlemcnl. His i)ur- pose,' therefore, was not to sell his goods to the inhal)itanls of Florida, but to citizens of the United States, in exchange for their productions, which could not be done without a direct and palpable breach of our laws. It is known tliat a regular systematic plan had been formed by certain 6^1 Messages and Papers of the Presidents persons for the violation of our revenue system, which made it the more necessary to check the proceeding in its conmiencement. That the luisettled bank of a river so remote from the Spanish garrisons and jX)pulation could give no protection to any part^' in such a practice is believed to be in strict accord with the law of nations. It would not have comported with a friendl)- policy in Spain herself to have established a custom-house there, since it could have subserved no other purpose than to elude our revenue law. But the Government of Spain did not adopt that measure. On the contrarj-, it is understood that the Captain-General of Cuba, to whom an application to that effect was made by these adven- turers, had not acceded to it. The condition of those Provinces for many years before they were ceded to the United States need not now be dwelt on. Inhabited b}' different tribes of Indians and an inroad for every kind of adventurer, the jurisdiction of Spain may be said to have been almost exclusively confined to her garrisons. It certainly could not ex- tend to places where she had no authority. The rules, therefore, aj^pli- cable to settled countries governed by laws could not be deemed so to the deserts of Florida and to the occurrences there. It merits attention also that the territory had then been ceded to the United States by a treaty the ratification of which had not been refused, and which has since beei. performed. Under anj^ circumstances, therefore, Spain became less re- sponsible for such acts committed there, and the United States more at liberty to exercise authority to prevent so great a mischief. The conduct of this Government has in every instance been conciliatory and friendly to France. The construction of our revenue law in its application to the cases which have formed the ground of such serious complaint on her part and the order to the collector of St. Marys, in accord with it, were given two 3'ears before these cases occurred, and in reference to a breach which was attempted by the subjects of another power. The application, therefore, to the cases in question was inevitable. As soon as the treaty by which these Provinces were ceded to the United States w^as ratified, and all danger of further breach of our revenue laws ceased, an order was given for the release of the vessel which had been seized and for the dismission of the libel which had been instituted against her. The principles of this sj-stem of reciprocity, founded on the law of the 3d of March, 18 15, have been since carried into effect with the Kingdoms of the Netherlands, Sweden, Prussia, and with Hamburg, Bremen, Lu- beck, and Oldenburg, with a provision made by subsequent laws in regard to the Netherlands, Prussia, Hamburg, and Bremen that such produce and manufactures as could onlj^ be, or most usually were, first shipped from the ports of those countries, the same being imported in vessels wholly belonging to their subjects, should be considered and admitted as their own manufactures and productions. The Government of Norway has by an ordinance opened the ports of that part of the dominions of the King of Sweden to the vessels of the James Monroe 6^3 United States upon tlie payment of no other or higher duties than are paid by Norwegian vessels, from whatever place arriving and with what- ever articles laden. They have requested the reciprocal allowance for the vessels of Norway in the ports of the United States. As this privi- lege is not within the scope of the act of the 3d of March, 18 15, and can only be granted by Congress, and as it may involve the commercial rela- tions of the United States with other nations, the subject is submitted to the wisdom of Congress. I have presented thus fully to your view our commercial relations with other powers, that, seeing them in detail with each power, and knowing the basis on which they rest, Congress may in its wisdom decide whether any change ought to be made, and, if any, in what respect. If this basis is unjust or unreasonable, surely it ought to be abandoned; but if it be just and reasonable, and any change in it will make concessions subver- sive of equality and tending in its consequences to sap the foundations of our prosperity, then the reasons are equally strong for adhering to the ground already taken, and supporting it by such further regulations as may appear to be proper, should any additional support be found nec- essary. The question concerning the construction of the first article of the treaty of Ghent has been, by a joint act of the representatives of the United States and of Great Britain at the Court of vSt. Petersburg, sub- mitted to the decision of His Imperial Majesty the Emperor of Russia. The result of that submission has not yet been received. The commis- sioners under the fifth article of that treaty not having been able to agree upon their decision, their reports to the two Governments, according to the provisions of the treaty, may be expected at an early day. With Spain the treaty of February 22, 18 19, has been partly carried into execution. Pjssession of East and West Florida has been given to the United States, but the officers charged with that service by an order from His Catholic Majesty, delivered by his minister to the Secretary of State, and transmitted by a special agent to the Captain-General of Cuba, to whom it was directed and in whom the government of those Pro\-inccs was vested, have not only omitted, in contravention of the order of their Sovereign, the performance of the express stipulation to deliver over the archives and documents relating to the property and sovereignty of those Provinces, all of which it was expected would have been delivered either before or when the troops were withdrawn, but defeated since e\-ery effort of the United States to obtain them, especially those of the great- est importance. This omission has given rise to several incidents of a painful nature, the character of which will be fully disclosed by the d(x:- uments which will be hereafter communicated. In every other circumstance the law of the 3d of March last, for car- rying into effect that treaty, has been duly attended to. For the execu- tion 0/ that part which preserved iu force, for the guvcrumcut ol the 673 Aft'ssagcs and Papers of the Presidents inhabitants for the tenu specified, all the civil, military, and judicial powers exercised by the existing goverunieut of those Provinces an ade- quate lunnber of ofBcers, as was presumed, were appointed, and ordered to their respective stations. Both Provinces were formed into one Ter- ritory, and a governor appointed for it; but in consideration of the pre- existing division and of the distance and difficulty of communication between Pensacola, the residence of the governor of West Florida, and St. Augustine, that of the governor of East Florida, at which places the inconsiderable population of each Province was principally collected, two secretaries were appointed, the one to reside at Pensacola and the other at St. Augustine. Due attention was likewise 'laid to the execution of the laws of the United States relating to the revenue and the slave trade, which were extended to these Provinces. The whole Territory was di- vided into three collection districts, that part lying between the river St. Marys and Cape Florida forming one, that from the Cape to the Apalach- icola another, and that from the Apalachicola to the Perdido the third. To these districts the usual number of revenue officers were appointed; and to secure the due operation of these laws one judge and a district attorney were appointed to reside at Pensacola, and likewise one judge and a district attorney to reside at St. Augustine, with a specified bound- ary between them; and one marshal for the whole, with authority to ap- point a deputy. In carrying this law into effect, and especially that part relating to the powers of the existing government of those Provinces, it was thought important, in consideration of the short term for which it was to operate and the radical change which would be made at the ap- proaching session of Congress, to avoid expense, to make no appointment which should not be absolutely necessary to give effect to those powers, to withdraw none of our citizens from their pursuits, whereby to subject the Government to claims which could not be gratified and the parties to losses which it would be painful to witness. It has been seen with much concern that in the performance of these duties a collision arose between the governor of the Territory and the judge appointed for the western district. It was presumed that the law under which this transitorj^ government was organized, and the commis- sions which were granted to the officers who were appointed to execute each branch of the system, and to which the commissions were adapted, would have been understood in the same sense by them in which they were understood by the Executive. Much allowance is due to officers employed in each branch of this system, and the more so as there is good cause to beheve that each acted under the conviction that he pos- sessed the power which he undertook to exercise. Of the officer holding the principal station, I think it proper to observe that he accepted it with reluctance, in compliance with the invitation given him, and from a high sense of duty to his country, being willing to contribute to the consum- mation of an event which would insure complete protection to an impor- James Monroe 67^ tant part of our Union, which had suffered much from incursion and in- vasion, and to the defense of which his very gallant and patriotic services had been so signally and usefully devoted. From the intrinsic difficulty of executing laws deriving their origin from different sources, and so essentially different in many important circumstances, the advantage, and indeed the necessity, of establishing as soon as may be practicable a well-organized government over that Ter- ritory on the principles of our system is apparent. This subject is there- fore recommended to the early consideration of Congress. In compliance with an injunction of the law of the 3d of March last, three commissioners have also been appointed and a board organized for carrying into effect the eleventh article of the treaty above recited, mak- ing provision for the payment of such of our citizens as have well-founded claims on Spain of the character specified by that treaty. This lx)ard has entered on its duties and made some progress therein. The commissioner and .surveyor of His Catholic Majesty, provided for by the fourth article of the treaty, have not yet arrived in the United States, but are soon ex- pected. As soon as they do arrive corresponding appointments will be made and every facility be afforded for the due execution of this service. The Government of His Most Faithful Majesty since the termination of the last session of Congress has been removed from Rio de Janeiro to Lisbon, where a revolution similar to that which had occurred in the neighboring Kingdom of Spain had in like manner been sanctioned by the accepted and pledged faith of the reigning monarch. The diplomatic intercourse between the United States and the Portuguese dominions, interrupted by this important event, has not yet been resumed, but the change of internal administration having already materially affected the commercial intercourse of the United States with the Portuguese domin- ions, the renewal of the public missions between the two countries ap- pears to be desirable at an early day. It is understood that the colonies in South America have had great success during the present year in the struggle for their independence. The new Government of Colombia has extended its territories and con- siderably augmented its strength, and at Buenos Ayres, where civil dis- sensions had for some time before prevailed, greater harmony and better order appear to have been established. Equal success has attended their efforts in the Provinces on the Pacific. It has long been manifest that it would be impossible for Spain to reduce these colonies by force, and equally so that no conditions short of their independence would l)e .sat- isfactory to them. It may therefore be presumed, and it is earnestly hoped, that the Government of Spain, guided by enlightened and liberal councils, will find it to comport with its interests and due to its magna- nimity to terminate this exhau.sting controversy on that basis. To pro- mote this result by friendly counsel with the Government of Spain will be the obiect of the Government of the United States. 675 Mrssages and Papers of the Presidents In conducting the fiscal operations of the year it has been found neces- sary to carry into full effect the act of the last session of Congress author- izing a loan of $5,000,000. This sum has been raised at an average premium of $5.59 per centum npon stock l)caring an interest at the rate of 5 percent per annum, redeemable at the option of the Government after the ist day of January, 1835. There has been issued under the provisions of this act $4,735,296.30 of 5 per cent stock, and there has been or will be redeemed during the year $3,197,030.71 of Louisiana 6 per cent deferred stock and Missis- sippi stock. There has therefore been an actual increase of the public debt contracted during the year of $1,538,266.69. The receipts into the Treasury from the ist of January to the 30th of September last have amounted to $16,219,197.70, which, with the bal' anceof $1,198,461.21 in the Treasury on the former day, make the aggre> gate sum of $17,417,658.91. The payments from the Treasury during the same period have amounted to $15,655,288.47, leaving in the Treas- ury on the last-mentioned day the sum of $1 ,762,370.44. It is estimated that the receipts of the fourth quarter of the year will exceed the de- mands which wdll be made on the Treasury during the same period, and that the amount in the Treasury on the 30th of September last will be increased on the ist day of January' next. At the close of the last session it was anticipated that the progressive diminution of the public revenue in 18 19 and 1820, which had been the result of the languid state of our foreign commerce in those j^ears, had in the latter 5'ear reached its extreme point of depression. It has, how^ever, been ascertained that that point was reached only at the termination of the first quarter of the present year. From that time until the 30th of September last the duties secured have exceeded those of the correspond- ing quarters of the last year $1, 172,000, whilst the amount of debentures issued during the three first quarters of this year is $952,000 less than that of the same quarters of the last 3'ear. There are just grounds to believe that the improvement which has oc- curred in the revenue during the last-mentioned period will not only be maintained, but that it will progressively increase through the next and several succeeding years, so as to realize the results which were presented Upon that subject by the ofl&cial reports of the Treasury at the commence- ment of the last session of Congress. Under the influence of the most unfavorable circumstances the revenue for the next and subsequent years to the year 1825 will exceed the de- mands at present authorized by law. It may fairly be presumed that under the protection given to domestic manufactures by the existing laws we shall become at no distant period a manufacturing country' on an extensive scale. Possessing as we do the raw materials in such vast amount, with a capacity to augment them to an indefinite extent; raising within the country aUment of every kind to James Monroe 5^6 an amount far exceeding the demand for home consumption, even in the most unfavorable years, and to be obtained always at a v^ry moderate price; skilled also, as our people are, m the mechanic arts and in every improvement calculated to lessen the demand for and the price of labor, it is manifest that their success in every branch of domestic industry- may and will be carried, under the encouragement given by the present duties, to an extent to meet any demand which under a fair competition may be made upon it. A considerable increase of domestic manufactures, by diminishing the importation of foreign, will probably tend to lessen the amount of the public revenue. As, however, a large proportion of the revenue which is derived from duties is raised from other articles than manufactures, the demand for which will increase with our population, it is believed that a fund will still be raised from that source adequate to the greater part of the public expenditures, especially as those expenditures, should we con- tinue to be blessed with peace, will be diminished by the completion of the fortifications, dockyards, and other public works, by the augmenta- tion of the Navy to the point to which it is proposed to carry it, and by the payment of the public debt, including pensions for military services. It can not be doubted that the more complete our internal resources and the less dependent we are on foreign powers for every national as well as domestic purpose the greater and more stable will be the public felicity. By the increase of domestic manufactures will the demand for the rude materials at home be increased, and thus will the dependence of the several parts of our Union on each other and the strength of the Union itself be proportionably augmented. In this process, which is very desirable, and inevitable under the existing duties, the resources which obviously present themselves to supply a deficiency in the revenue, should it occur, are the interests which may derive the principal benefit from the change. If domestic manufactures are raised by duties on for- eign, the deficiency in the fund necessary for public purposes should be suoplied by duties on the former. At the last session it seemed doubtful whether the revenue derived from the present sources would be adequate to all the great purposes of our Union, including the construction of our fortifications, the augmentation of the Navy, and the protection of our commerce against the dangers to which it is exposed. Had the deficiency been such as to subject us to the necessity either to abandon those meas- ures of defense or to resort to other means for adequate funds, the course presented to the adoption of a virtuous and enlightened i)e()i)lc apjK-ared to be a plain one. It must be gratifying to all to know that this necessity does not exist. Nothing, however, in contemplation of such important objects, which can be easily provided for, should be left to hazard. It is thought that the revenue may receive an augmentation from the existing sources, and in a manner to aid our manufactures, without hastening prematurely the result which has been sugjrested. It is believed that a 677 Messages and Papers 0/ the Presidents moderate additional dut^' on certain articles would have that effect, with- out being liable to any serious objection. The examination of tlie\Yliole coast, for the construction of permanent fortifications, from St. Croix to the Sabine, with the exception of part of Ib-e territory lately acquired, will be completed in the present year, as will be the survey of the Mississippi, under the resolution of the House of Representatives, from the mouth of the Ohio to the ocean, and likewise of the Ohio from Louisville to the Mississippi. A progress correspond- ing with the sums appropriated has also been made in the construction cf these fortifications at the points designated. As thej^ will form a sys- tem of defense for the whole maritime frontier, and in consequence for the interior, and are to last for ages, the greatest care has been taken to fix the position of each work and to form it on such a scale as will be adequate to the purpose intended by it. All the inlets and assailable parts of our Union have been minutely examined, and positions taken with a view to the best effect, obser\ung in every instance a just regard for economy. Doubts, however, being entertained as to the propriety of the position and extent of the work at Dauphine Island, further progress in it was suspended soon after the last session of Congress, and an order given to the Board of Engineers and Naval Commissioners to make a further and more minute examination of it in both respects, and to re- port the result without delay. Due progress has been made in the construction of vessels of war ac- cording to the law providing for the gradual augmentation of the Navy, and to the extent of existing appropriations. The vessels authorized by the act of 1820 have all been completed and are now in actual service. None of the larger ships have been or wdll be launched for the present, the object being to protect all which may not be required for immediate serv- ice from decay by suitable buildings erected over them. A squadron has been maintained, as heretofore, in the Mediterranean, by means %vhereof peace has been preserved with the Barbary Powers. This squadron has been reduced the present year to as small a force as is compatible with the fulfillment of the object intended by it. From past experience and the best information respecting the views of those powders it is distinctly understood that should our squadron be withdrawn they would soon re- commence their hostilities and dr^^predations upon our commerce. Their fortifications have lately been rebuilt and their maritime force increased. It has also been found necessar}^ to maintain a naval force on the Pacific for the protection of the very important interests of our citizens engaged in commerce and the fisheries in that sea. Vessels have likewise been employed in cruising along the Atlantic coast, in the Gulf of Mexico, on the coast of Africa, and in the neighboring seas. In the latter many piracies have been committed on our commerce, and so extensive was be- coming the range of those unprincipled adventurers that there was cause to apprehend, without a timely and decisive effort to suppress them, the James Monroe 678 worst consequences would ensue. Fortunatel}', a considerable check has been given to that spirit by our cruisers, who have succeeded in capturiug and destroying several of their vessels. Nevertheless, it is considered an object of high importance to continue these cruises until the practice is entirely suppressed. Like success has attended our efforts to suppress the slave trade. Under the flag of the United States and the sanction of their papers the trade may be considered as entirely suppressed, and if any of our citizens are engaged in it under the flags and papers of other powers, it is only from a respect to the rights of those powers that these offenders are not seized and brought home to receive the punishment which the laws inflict. If every other power should adopt the same policy and pursue the same vigorous means for carrying it into effect, the trade could no longer exist. Deeply impressed with the blessings which we enjoy, and of which we have such manifold proofs, my mind is irresistibly drawn to that Almighty Being, the great source from whence they proceed and to whom our most grateful acknowledgments are due. JAMES MONROE. SPECIAL MESSAGES. Washington, December 16, 1821. To the Senate and House of Representatives of the United States: I transmit to Congress a letter from the Secretary of the Treasury', in- closing the report of the commissioners appointed in conformity with the provisions of "An act to authorize the building of light-houses therein mentioned, and for other purposes," approved the 3d of March, 1821. JAMES MONROE. Washington, December 16, 1S21. To the Ho7ise of Representatives of the United States: By a resolution of Congress approved on the 27th of March, iSiS, it was directed that the journal, acts, and proceedings of the Convention which formed the present Constitution of the United States should l>e published, under the direction of the President of the United States, to- gether with the secret journals of the acts and proceedings, and the foreign correspondence (with a certain exception), of the Congress of the United States from the first meeting thereof down to the date of the ratification of the definitive treaty of peace between Great Britain an^^i Messages and Papers of the Presidents Under the late organization of the artillery arm, with the exception of the colonel of the regiment of light artillery, there were no grades higher than lientenant-coloncl recognized. Three of the four colonels of artil- lery provided for by the act of Congress of the 2d of March, 1821, were considered, therefore, as original vacancies, to be filled, as the good of the ser\'ice might dictate, from the Army corps. The Pay Department being considered as a part of the military estab- lishment, and, wthin the meaning of the above-recited act, constituting one of the corps of the Army, the then Paymaster- General was appointed colonel of one of the regiments. A contrary construction, which would have limited the corps specified in the twelfth section of the act to the line of the Army, would equall}' have excluded all the other branches of the staff, as well that of the Pay Department, which was expressly com- prehended among those to be reduced. Such a construction did not seem to be authorized by the act, since by its general terms it was inferred to have been intended to give a power of sufiicient extent to make the reduc- tion by which so many were to be disbanded operate with as little incon- venience as possible to the parties. Acting on these views and on the recommendation of the board of general ofiicers, who were called in on account of their knowledge and experience to aid the Executive in so delicate a sendee, I thought it proper to appoint Colonel Towson to one of the new regiments of artillery, it being a corps in which he had emi- nently distinguished himself and acquired great knowledge and experi- ence in the late war. In reconciHng conflicting claims provision for four oflBcers of distinc- tion could only be made in grades inferior to those which they formerly held. Their names are submitted, with the nomination for the brevet rank of the grades from which they were severally reduced. It is proper also to observe that as it was found diflScult in executing the act to retain each officer in the corps to which he belonged, the power' of transferring officers from one corps to another was reserved in the gen- eral orders, published in the Register, till the ist day of January last, in order that upon vacancies occurring those who had been put out of their proper corps might as far as possible be restored to it. Under this reser- vation, and in conformity to the power vested in the Executive by the first section of the seventy-fifth article of the general regulations of the Arm)', approved by Congress at the last session, on the resignation of Lieutenant-Colonel Mitchell, of the corps of artillery, Lieutenant-Colo- nel Litidsa)^ who had belonged to this corps before the late reduction, was transferred back to it in the same grade. As an additional motive to the transfer, it had the effect of preventing Lieutenant-Colonel Taylor and Major Woolley being reduced to low^er grades than those which they held before the reduction, and Captain Cobb from being disbanded under the act. These circumstances were considered as constituting an ex- traordinary case within the meaning of the section already referred to of James Monroe 6S3 the Regulations of the Army. It is, however, submitted to the Senate whether this is a case requiring their confirmation; and in case that such should be their opinion, it is submitted to them for their constitutional confirmation. JAMES MONROE. Washington, /««;^an' 20, 1822. To the House of Representatives: In comphance with a resolution of the House of Representatives "re- questing the President of the United States to cause to be laid before this House an account of the expenditures made under the act to provide for the civilization of the Indian tribes, specifying the times when, the persons to whom, and the particular purpose for which such expendi- tures have been made," I herewith transmit a report from the Secretary of War. JAMES MONROE. Washington, Jaymary 28, 1S22. To the House of Representatives: In compliance with the resolution of the 2d instant, I transmit a report of the Secretary of State, with all the documents relating to the misun- derstanding between Andrew Jackson, while acting as governor of the Floridas, and Eligius Fromentin, judge of a court therein; and also of the correspondence between the Secretary of State and the minister plen- ipotentiary of His Catholic Majesty on certain proceedings in that Ter- ritory in execution of the powers vested in the governor by the Executive under the law of the last session for carrying into effect the late treaty between the United States and Spain. Being always desirous to commu- nicate to Congress, or to either House, all the information in the posses- sion of the Executive respecting any important interest of our Union which may be communicated without real injury to our constituents, and which can rarely happen except in negotiations pending with foreign powers, and deeming it more consistent with the principles of onr Gov- ernment in cases submitted to my discretion, as in the i)rescnt instance, to hazard error by the freedom of the communication rather than by withholding any portion of information l)elonging to the subject, I have thought proper to communicate every document comprisetl within this c^^^- JAMES MONROE. Washington, fanuary jo, 1S22. To the House of Representatives of the United States: In pursuance of a resolution of the House of Representatives of the i6th instant, requesting information with regard to outrages and abuses com- mitted upon the persons of the oflficers and crews of American vessels at 683 Afrssn^rs ^ of War, furnishing all the information in the possession of that Department embraced by the resolution. JAMES MONROE. Washington, February 23, 1822. To the Senate of the United States: In compliance with a resolution of the Senate of the 14th instant, re- questing the President of the United States ' ' to make known to the Sen- ate the annual disposition which has been made of the sum of $15,000 appropriated by an act of Congress of the year 1802 to promote civiliza- tion among friendly Indian tribes, showing to what tribes that evidence of the national bounty has been extended, the names of the agents who have been intrusted with the application of the money, the several amounts by them received, and the manner in which they have severally applied it to accomplish the objects of the act," I herewith transmit a report from the Secretary of War, furnishing all the information upon this subject in the possession of that Department. JAMES MONROE. Washington, February 25, 1822 To the Senate and House of Representatives of the United States: Under the appropriation made by the act of Congress of the nth of April, 1820, for holding treaties with the Creek and Cherokee nations of Indians for the extinguishment of the Indian title to lands within the State of Georgia, pursuant to the fourth condition of the first article of the articles of agreement and cession concluded between the United vStates and the State of Georgia on the 24th day of April, 1802, a treaty was held with the Creek Nation, the expense of which upon the .settlement of the accounts of the commissioners who were appointed to conduct the nego- tiation was ascertained to amount to the sum of $24,695, leaving an un- expended balance of the sum appropriated of $5,305, a .sum too small to negotiate a treaty with the Cherokees, as was contemplated by the act making the appropriation. The legislature of Georgia being .still desir- ous that a treaty should be held for further extinguishment of the Iiuliuu title to lands within that State, and to obtain an indemnity to the citi/cns of that State for property of considerable value, which has been taken from them by the Cherokee Indians, I submit the subject to the consid- eration of Congress, that a further sum, which, in addition to the balance of the former appropriation, will be adequate to the expenses attending a treaty with them, may be appropriated should Congress deem it (.•xi)edieut. JAMES MONROE. 685 Messages and Papers of the Presidents Washington, March ^, 1822. To the Hottse 0/ Representatives of the United States: In compliance with a resolution of the House of Representatives of the 2 2d ultimo, requesting the President of the United vStates "to cause to be laid before this House a statement showing the amount of woolens purchased for the use of the Army during the years 1820 and 182 1, com- prising a description of the articles, of whom the purchases were made, at what prices, and what proportion thereof was of American manufacture," I herewith transmit a report from the Secretary of War. JAMES MONROE. Washington, March 8, 1822. To the Senate and House of Representatives of the United States: In transmitting to the House of Representatives the documents called for by the resolution of that House of the 30th January, I consider it my duty to invite the attention of Congress to a very important subject, and to communicate the sentiments of the Executive on it, that, should Con- gress entertain similar sentiments, there ma)' be such cooperation between the two departments of the Government as their respective rights and duties may require. The revolutionary movement in the Spanish Provinces in this hemi- sphere attracted the attention and excited the sympathy of our fellow- citizens from its commencement. This feeling w'as natural and honorable to them, from causes which need not be communicated to you. It has been gratifying to all to see the general acquiescence which has been manifested in the policy which the constituted authorities have deemed it proper to pursue in regard to this contest. As soon as the movement assumed such a steady and consistent form as to make the success of the Provinces probable, the rights to which they were entitled by the law of nations as equal parties to a civil war were extended lo them. Each party was permitted to enter our ports with its public and private ships, and to take from them every article which was the subject of commerce with other nations. Our citizens, also, have carried on commerce with both parties, and the Government has protected it with each in articles not contraband of war. Through the whole of this contest the United States have remained neutral, and have fulfilled with the utmost impar- tiality all the obligations incident to that character. This contest has now reached such a stage and been attended with such decisive success on the part of the Provinces that it merits the most profound consideration whether their right to the rank of independent nations, with all the advantages incident to it in their intercourse with the United States, is not complete. Buenos Ayres assumed that rank by a formal declaration in 18 16, and has enjoyed it since 18 10 free from James Monroe 686 invasion by the parent country. The Provinces composing the RepubUc of Colombia, after having separately declared their independence, were united by a fundamental law of the 17th of December, 18 19. A strong Spanish force occupied at that time certain parts of the territory' \\dthin their limits and waged a destructive war. That force has'since been re- peatedly defeated, and the whole of it either made prisoners or destroyed or expelled from the country, with the exception of an inconsiderable portion only, which is blockaded in two fortresses. The Provinces on the Pacific have likewise been very successful. Chih declared independ- ence in 18 18, and has since enjoyed it undisturbed; and of late, by the assistance of Chili and Buenos Ayres, the revolution has extended to Peru. Of the movement in Mexico our information is less authentic, but it is, nevertheless, distinctly understood that the new Government has declared its independence, and that there is now no opposition to it there nor a force to make any. For the last three years the Government of Spain has not .sent a single corps of troops to any part of that country, nor is there any reason to believe it will send any in future. Thus it is manifest that all those Provinces are not only in the full enjoyment of their independence, but, considering the state of the war and other circumstances, that there is not the most remote prospect of their being deprived of it. When the result of such a contest is manifestly settled, the new gov- ernments have a claim to recognition by other powers which ought not to be resisted. Civil wars too often excite feelings which the parties can not control. The opinion entertained by other powers as to the result may assuage those feelings and promote an accommodation between them useful and honorable to both. The delay which has been obser\'ed in making a decision on this important subject will, it is presumed, have afforded an unequivocal proof to Spain, as it must have done to other powers, of the high respect entertained by the United States for her rights and of their determination not to interfere with them. The Provinces belonging to this hemisphere are our neighbors, and have successively, as each portion of the country acquired its independence, j)ressed their recognition by an appeal to facts not to be contested, and which they thought gave them a just title to it. To motives of interest this Gov- ernment has invariably disclaimed all pretension, being resolved tt) take no part in the controversy or other measure in regard to it which should not merit the sanction of the civiHzed world. To other claims a just sen- sibility has been always felt and frankly acknowledged, but tlicy in themselves could never become an adequate cause of action. It was incumbent on this Government to look to every important fact and cir- cumstance on which a sound opinion could l^e formed, which has been done. When we regard, then, the great length of time wliicli f his war lias been prosecuted, the complete success which has attended it in favor of the Provinces, the present condition of the parties, and the utter inability ^^^7 Messages and Papers of the Presidents of Spain to produce any change in it, we are compelled to conclude that its fate is settled, and that the Provinces which have declared their inde- pendence and are in the enjoyment of it ought to be recognized. Of the views of the Spanish Government on this subject no particular information has been recently received. It may be presumed that the suc- cessful progress of the revolution through such a long series of years, gaining strength and extending annually in every direction, and embra- cing by the late important events, with little exception, all the dominions of Spain south of the United States on this continent, placing thereby the complete sovereignty over the whole in the hands of the people, will recon- cile the parent country to an accommodation with them on the basis of their unqualified independence. Nor has any authentic information been recently received of the disposition of other powers respecting it. A sin- cere desire has been cherished to act in concert with them in the proposed recognition, of which several were some time past duly apprised; but it was understood that they w^ere not prepared for it. The immense space between those powers, even those which border on the Atlantic, and these Pro\dnces makes the movement an affair of less interest and excitement to them than to us. It is probable, therefore, that they have been less attentive to its progress than we have been. It may be presumed, how- ever, that the late events will dispel all doubt of the result. In proposing this measure it is not contemplated to change thereby in the shghtest manner our friendly relations with either of the parties, but to observe in all respects, as heretofore, should the w^ar be continued, the most perfect neutrality between them. Of this friendly disposition an assurance will be given to the Government of Spain, to w^hom it is pre- sumed it will be, as it ought to be, satisfactor>'. The measure is proposed under a thorough conviction that it is in strict accord with the law of na- tions, that it is just and right as to the parties, and that the United States owe it to their station and character in the w^orld, as well as to their es- sential interests, to adopt it. Should Congress concur in the view herein presented, they will doubtless see the propriet}' of making the necessary appropriations for carrying it into effect. JAMES MONROE. Washington, March p, 1S22. To the House of Representatives: I transmit a report from the Secretary of War, together with the an- nual return of the militia of the United States, and an exhibit of the arms, accouterments, and ammunition of the several States and Territories of the United States, prepared in conformity with the militia laws on that subject. JAMES MONROE. James Monroe 688 Washington, March 12, 1822. To the Sc7iatc and House of Represetitatives of the United States: I lay before the Senate the copy of a supplementary report, made by William Lambert, in relation to the longitude of the Capitol from Green- wich, in pursuance of a joint resolution of the two Houses of Congress of the 3d of March, 1 821, and I subjoin an extract from the letter of Mr. Lambert submitting that report. ^ JAMES MONROE. Washington, March 26, 1S22. To the Senate and House of Representatives of the United States: Congress having suspended the appropriation, at the last session, for the fortification at Dauphine Island, in consequence of a doubt which was entertained of the propriety of that position, the further prosecution of the work was suspended, and an order given, as intimated in the mes- sage of the 3d of December, to the Board of Engineers and Naval Com- missioners to examine that part of the coast, and particularly that posi- tion, as also the position at Mobile Point, with which it is connected, and to report their opinion thereon, which has been done, and which report is herewith communicated. By this report it appears to be still the opinion of the Board that the construction of works at both these positions is of great importance to the defense of New Orleans and of all that portion of our Union which is connected with and dependent on the Mississippi and on the other waters which empty into the Gulf of Mexico between that river and Cape Flor- ida. That the subject may be fully before Congress, I transmit also a copy of the former report of the Board, being that on which the work was undertaken and has been in part executed. Approving as I do the opin- ion of the Board, I consider it my duty to state the reasons on which I adopted the first report, especially as they were in part suggested by the occurrences of the late war. The policy which induced Congress to decide on and provide for the de- fense of the coast immediately after the war was founded on the marked events of that interesting epoch. The vast body of men which it was found necessary to call into the field through the whole extent of our maritime frontier, and the number who perished by exposure, with the immense expenditure of money and waste of property which followed, were to be traced in an eminent degree to the defenseless condition of the coast. It was to mitigate these evils in future wars, and c\-cn for the higher purpose of preventing war itself, that the decision was formed to make the coast, so far as it might be practicable, impregnable, and that the measures necessary to that great object have been i)ursiicd with so much zeal since. It is known that no part of our Union is more exposed to invasion by the numerous avenues leading to it, or more defenseless bv the thinness 6% Messages and Papers of the Presidents of the neighborinc^ population, or offers a greater temptation to invasion, either as a permanent acquisition or as a prize to the cupidity of grasp* ing invaders from the immense amount of produce deposited there, than the city of New Orleans. It is known also that the seizure of no part of our ITnion could affect so deeply and vitally the inuuediate interests of *!o many States and of so many of our fellow-citizens, comprising all that extensive territory and numerous population which are connected with and dependent on the Mississippi, as the seizure of that city. Strong works, well posted, were therefore deemed absolutely necessary for its protection. It is not, however, by the Mississippi only, or the waters which com- municate directly with or approach nearest to New Orleans, that the town is assailable. It will be recollected that in the late war the public solicitude was excited not so much by the danger which menaced it in those directions as by the apprehension that, while a feint might be made there, the main force, landing either in the bay of Mobile or other waters between that bay and the Rigolets, \vould be thrown above the town in the rear of the army which had been collected there for its defense. Full confidence was entertained that that gallant army, led by the gallant and able chief who commanded it, would repel any attack to which it might be exposed in front. But had such a force been thrown above the town, and a position taken on the banks of the river, the disadvantage to which our \roops would have been subjected, attacked in front and rear as they might have been, may easily be conceived. As their supplies would have been cut off, they could not long have remained in the city, and, with- drawing from it, it must have fallen immediately into the hands of the force below. In ascending the river to attack the force above, the attack must have been made to great disadvantage, since it must have been on such ground and at such time as the enemy preferred. These consider- ations shew that defenses other than such as are immediately connected with the city are of great importance to its safety. An attempt to seize New Orleans and the lower part of the Mississippi will be made only by a great power or a combination of several powers, with a strong naval and land force, the latter of which must be brought in transports which may sail in shallow water. If the defenses around New Orleans are w^ell posted and of sufficient strength to repel any attack which may be made on them, the city can be assailed only by a land force, which must pass in the direction above suggested, between the Rigolets and the bay of Mobile. It becomes, therefore, an object of high impor- tance to present such an obstacle to such an attempt as would defeat it should it be made. Fortifications are useful for the defense of posts, to prevent the approach to cities and the passage of rivers; but as works their effect can not be felt beyond the reach of their cannon. They are formidable in other respects by the body of men within them, which may be removed and applied to other purposes. James Monroe 690 Between the Rigolets and the bay of Mobile there is a chain of islands, at the extremity of which is Dauphine Island, which forms, with Mobile Point, from which it is distant about 3^4: miles, the entrance into the bay of Mobile, which leads through that part of the State of Alabama to the towns of Mobile and Blakeley. The distance between Dauphine Island and the Rigolets is 90 miles. The principal islands between them are Massacre, Horn, Ship, and Cat islands, near to which there is anchor- age for large ships of war. The first object is to prevent the landing of any force for the purposes above stated between the Rigolets and the bay of Mobile; the second, to defeat that force in case it should be landed. When the distance from one point to the other is considered, it is believed that it would be impossible to establish works so near to each other as to prevent the landing of such a force. Its defeat, therefore, should be effectually provided for. If the arrangement should be such as to make that result evident, it ought to be fairly concluded that the attempt would not be made, and thus we should accomplish in the best mode possible and with the least expense the complete security of this impor- tant part of our Union, the great object of our system of defense for the whole. There are some other views of this subject which it is thought will merit particular attention in deciding the point in question. Not being able to establish a chain of posts, at least for the present, along the whole coast from the Rigolets to Dauphine Island, or on all the islands between them, at which point shall we begm? Should an attack on the city be anticipated, it can not be doubted that an adequate force would immedi- ately be ordered there for its defense. If the enemy should despair of making an impression on the works near the town, it may be presumed that they would promptly decide to make the attempt in the manner and in the line above suggested between the Rigolets and the bay of Mobile. It wuU be obvious that the nearer the fortification is erected to the Rigo- lets with a view to this object, should it be on Cat or Ship Island, for example, the wider would the passage be left open between that work and the bay of Mobile for such an enterprise. The main army, being drawn to New Orleans, would be ready to meet such an attempt near the Rigolets or at any other point not distant from the city. It is jjrohable, therefore, that the enemy, profiting of a fair wind, would make his at- tempt at the greatest distance compatible with his object from that point, and at the bay of Mobile should there not be works there of sunicient strength to prevent it. Should, however, strong works ])e erected there, such as were sufficient not only for their own defense against any attack which might be made on them, but to hold a force connected with that which might be drawn from the neighboring country, capal^le of cooper- ating with the force at the city, and which would doubtless be ordered to those works in the event of war, it would be dangerous for the invading force to land anywhere between the Rigolets and the bay of Mobile and 6oi Messages and Papers of the Presidents to pass toward the Mississippi above tlie city, lest such a body might be tliro\NTi in its rear as to cut off its retreat. These considerations show the pjeat advantage of establishing at the mouth of the bay of Mobile very strong works, such as would be adequate to all the purposes suggested. If fortifications were necessary only to protect our country and cities against the cntrA' of large ships of war into our bays and rivers, they would be of little use for the defense of New Orleans, since that city can not be approached so near, either by the Mississippi or in any other direction, by such vessels for them to make an attack on it. In the Gulf, within our limits west of Florida, which had been acquired since these works were decided on and commenced, there is no bay or river into which large ships of war can enter. As a defense, therefore, against an attack from such vessels extensive works would be altogether unnecessar}^ either at Mo- bile Point or at Dauphine Island, since sloops of war only can navigate the deepest channel. But it is not for that purpose alone that these works are intended. It is to provide also against a formidable invasion, both by land and sea, the object of which may be to shake the foundation of our system. Should such small works be erected, and such an invasion take place, they would be sure to fall at once into the hands of the in- vaders and to be turned against us. Whether the acquisition of Florida may be considered as aifording an inducement to make any change in the position or strength of these works is a circumstance which also merits attention. From the \aew which I have taken of the subject I am of op'^ion that it should not. The defense of New Orleans and of the river Mississippi against a powerful invasion being one of the great objects of such extensive works, that object would be essentiall}^ abandoned if thej^ should be established eastward of the bay of Mobile, since the force to be collected in them would be placed at too great a distance to allow the cooperation necessarj^ for those purposes betAA'een it and that at the cit}-; in addition to which, it may be observed that by carrying them to Pensacola or farther to the east that baj^ would fall immediately, in case of such invasion, into the hands of the enemy, whereby such cooperation would be rendered utterly impossible, and the State of Alabama would also be left wholly unprotected. With a view to such formidable invasion, of which we should never lose sight, and of the great objects to which it would be directed, I think that very strong works at some point within the Gulf of Mexico will be found indispensable. I think also that those works ought to be estab- lished at the bay of Mobile — one at Mobile Point and the other on Dau- phine Island — ^whereby the enemy would be excluded and the complete command of that bay, with all the advantages attending it, be secured to ourselves. In the case of such invasion, it will, it is presumed, be deemed necessary to collect at some point other than at New Orleans a strong force, capable of moving in any direction and affording aid to any part which may be attacked; and, in my judgment, no position presents so Tames Monroe 602 many advantages as a point of rendezvous for such force as the mouth of that bay. The fortification at the Rigolets will defend the entrance by one passage into I,ake Pontchartrain, and also into Pearl River, which empties into the Gulf at that point. Between the Rigolets and Mobile Bay there are but two inlets which deserve the name, those of St. Louis and Pascagola, the entrance into which is too shallow even for the smallest vessels; and from the Rigolets to Mobile Bay the whole coast is equally shallow, affording the depth of a few feet of water only. Cat Island, which is nearest the Rigolets, is about 7>^ miles distant from the coast and 30 from the Rigolets. Ship Island is distant about 10 miles from Cat Island and 12 from the coast. Between these islands and the coast the water is very shallow. As to the precise depth of water in approaching those islands from the Gulf, the report of the topographical engineers not ha\ang yet been re- ceived, it is impossible to speak wath precision; but admitting it to be such as for frigates and even ships of the line to enter, the anchorage at both is unsafe, being much exposed to northwest winds. Along the coast, therefore, there is no motive for such strong works on our part — no town to guard, no inlet into the country to defend — and if placed on the islands and the entrance to them is such as to admit large .ships of war, distant as they are from the coast, it would be more easy fur the enemy to assail them with effect. The position, however, at Mobile Bay is essentially different. That bay takes its name from the Mobile River, which is formed by the junc- tion of the Alabama and Tombigbee, which extend each about 300 miles into the interior, approaching at their head waters near the Tennessee River. If the enemy possessed its mouth, and fortified Mobile Point ami Dauphine Island, being superior at sea it would be very difficult for us to dispossess him of either, even of Mobile Point; and holding that position, Pensacola would soon fall, as without incurring great expense in the construction of works there it would present but a feeble resistance to a strong force in its rear. If we had a work at Mobile Point only, the enemy might take Dauphine Island, which would afford him great aid in attacking the point, and enable him, even should we succeed in repelling the attack, to render us great mischief there and throughout the whole Gulf. In every view which can be taken of the suliject it appears indis- pensable for us to command the entrance into Mobile Bay, and that deci- sion being taken, I think the considerations which favor the occupation of Dauphine Island by a strong work are conclusive. It is proper to ob- serve that after the repulse before New Orleans in the late war the Brit- ish forces took possession of Dauphine Lsland and held it till the peace. Under neither of the reports of the Board of Ivngineers and Naval Com- missioners could any but sloops of war enter the bay or the anchorage 1k- tween Dauphine and Pelican islands. Both reports give to that anchor- age 18 feet at low water and 20>^ at high. The only difference between 693 Messages and Papers of the Presidents them consists in this, that in the first a bar leading to the anchorage, re- ducing the depth of water to 12 feet at low tide, was omitted. In neither case could frigates enter, though sloops of war of larger size might. The whole scope, however, of this reasoning turns on a different principle — on the works necessary to defend that bay and, by means thereof, New Orleans, the Mississippi, and all the surrounding country against a power- ful invasion both by land and sea, and not on the precise depth of water in any of the approaches to the bay or to the island. The reasoning which is applicable to the works near New Orleans and at the bay of Mobile is equally so in certain respects to those which are to be erected for the defense of all the bays and rivers along the other parts of the coast. All those works are also erected on a greater scale than w^ould be necessary for the sole purpose of preventing the passage of our inlets by large ships of war. They are in most instances formed for defense against a more powerful invasion, both by land and sea. There are, however, some differences between the works which are deemed necessary in the Gulf and those in other parts of our Union, founded on the peculiar situation of that part of the coast. The vast extent of the Mississippi, the great outlet and channel of commerce for so many States, all of which may be affected by the seizure of that citj', or of any part of the river to a great extent above it, is one of those striking peculiarities which require particular provision. The thinness of the population near the city, making it necessary that the force requisite for its defense should be called from distant parts and States, is another. The danger which the army assembled at New Orleans would be exposed to of being cut off in case the enemy should throw^ a force on the river above it, from the difl&culty of ascending the river to attack it and of making a retreat in an}' other direction, is a third. For an attack on the city of New Orleans, Mobile Bay, or any part of the intermediate coast ships of war would be necessary only as a convoy to protect the transports against a naval force on their passage, and on their approach to the shore for the landing of the men, and on their return home in case they should be repulsed. On the important subject of our defenses generally I think proper to observ-e that the system was adopted immediately after the late war by Congress, on great consideration and a thorough knowledge of the effects of that war — by the enormous expense attending it, by the waste of life, of property' , and by the general distress of the countr3\ The amount of debt incurred in that war and due at its conclusion, wnthout taking into the estimate other losses, having been heretofore communicated, need not now be repeated. The interest of the debt thus incurred is four times more than the sum necessary, by annual appropriations, for the comple- tion of our whole system of defense, land and naval, to the extent provided for and within the time specified. When that system shall be completed the expense of construction will cease, and our expenditures be proportion- ally diminished. Should another war occur before it is completed, the i James Monroe 694 experience of the last marks in characters too strong to be mistaken its inevitable consequences ; and should such war occur and find us unpre- pared for it, what wall be our justification to the enlightened body whom we represent for not having completed these defenses? That this sys- tem should not have been adopted before the late war can not be a cause of surprise to anyone, because all might wish to avoid every expense the necessity of which might be in any degree doubtful. But with the expe- rience of that war before us it is thought there is no cause for hesitation. Will th^ completion of these works and the augmentation of our Navy to the point contemplated by law require the imposition of onerous burthens on our fellow-citizens such as they can not or will not bear? Have such, or any, burthens been imposed to advance the system to its present state? It is known that no burthens whatever have been imposed; on the contrary, that all the direct or internal taxes have been long repealed, and none paid but those which are indirect and voluntary, such as are imposed on articles imported from foreign countries, most of which are luxuries, and on the vessels employed in the transportation — taxes which some of our most enlightened citizens think ought to be imposed on many of the articles for the encouragement of our manufactures, even if the revenue derived from them could be dispensed with. It is known also that in all other respects our condition as a nation is in the highest degree prosperous and flourishing, nearly half the debt incurred in the late war having already been discharged, and considerable progress having also been made in the completion of this system of defense and in the con- struction of other works of great extent and utility, by the revenue derived from these sources and from the sale of the public lands. I may add also that a very generous provision has been made from the same sources for the surviving officers and soldiers of our Revolutionary army. These important facts show that this system has been so far executed, and may be completed without any real inconvenience to the public. Were it, how^ever, otherwise, I have full confidence that any burthens which might be found necessary for the completion of this system in both its branches within the term contemplated, or much sooner should any emergency require it, would be called for rather than complained of by our fellow-citizens. From these views, applicable to the very important subject of our de- fenses generally as well as to the work at Dauphine Island, I think it my duty to recommend to Congress an appropriation for the latter. I considered the withholding it at the last session as the expression only of a doubt by Congress of the propriety of the position, an% that every corps of the Army and staff was to be reorganized, and most of them reduced in ofl&cers and men, and that in arranging the officers from the old to the new corps full power was granted to the President to take them from any and every corps of the former establishment and place them in the latter. In this latter grant of power it is proper to observe that the most comprehensive terms that could be adopted were used, the authority being to cause the arrangement to be made from the officers of the several corps then in the service of the United States, comprising, of course, every corps of the staff, as well as of artillery and infantry, and not from the corps of troops, as in the former act, and without any limitation as to grades. It merits particular attention that although the object of this latter act was reduction and such its effect on an extensive scale, 5 new offices were created by it — 4 of the grade of colonel for the 4 regiments of artillery and that of Adjutant- General for the Army. Three of the first men- tioned were altogether new, the corps having been newly created, and although I officer of that grade as applicable to the corps of light artil- lery had existed, yet as that regiment was reduced and all its parts reor- ganized in another form and with other duties, being incorporated into the 4 new regiments, the commander was manifestly displaced and inca- pable of taking the command of either of the new regiments or any station in them until he should be authorized to do so by a new appointment. The same remarks are applicable to the office of Adjutant-General to the Army. It is an office of new creation, differing from that of Adjutant and Inspector General, and likewise from that of adjutant-general to a division, which were severally annulled. It differs from the first in title, rank, and pay, and from the two latter because they had been created by law each for a division, whereas the new office, being instituted without such special designation, could have relation only to the whole Army. It was manifest, therefore, that neither of those officers had any right to this new station nor to any other station unless he should be .specially appointed to it, the principle of reduction being applicable to every officer in every corps. It is proper also to observe that the duties of Adjutant- General under the existing arrangement correspond in almost every cir- cumstance with those of the late Adjutant and Inspector General, and not with those of an adjutant -general of a division. To give effect to this law the President was authorized by the twelfth section to cause the officers, noncommissioned officers, artificers, musi- cians, and privates of the several corps then in the .service of the United States to be arranged in such manner as to form and complete out of the same the "force thereby provided for, and to cau.se the supernumerary 7^^ A/rssni^rs avd Papers of the Presidents officers, Jioiiconunissioned olTicers, artificers, musicians, and privates to be discharged from the senice. In executing this very dehcate and important trust I acted with the ut- most precaution. Sensible of what I owed to niycouiitry, I felt strongly the obligation of obser\'ing the utmost impartiality in selecting those offi- cers who were to be retained. In executing this law I had no personal object to accomplish or feeling to gratify — no one to retain, no one to remove. Having on great con.sideration fixed the principles on which the reduction should be made, I availed myself of the example of my predecessor by appointing through the proper department a board of gen- eral officers to make the selection, and whose report I adopted. In transferring the oflfiicers from the old to the new corps the utmost care was taken to place them in the latter in the grades and corps to which they had respectively belonged in the former, so far as it might be practicable. This, though not enjoined by the law, appearing to be just and proper, was never departed from except in peculiar cases and undel imperious circumstances. In filling the original vacancies in the artillery and in the newly created office of Adjutant-General I considered m^-self at liberty to place in them any officer belonging to anj- part of the whole military establishment, whether of the staff or line. In filling original vacancies — that is, ofiices newly created — it is my opinion, as a general principle, that Congress have no right under the Constitution to impose any restraint by law on the power granted to the Presidenc so as to prevent his making a free selec- tion of proper persons for these ofiices from the whole body of his fellow- citizens. Without, however, entering here into that question, I have no hesitation in declaring it as my opinion that the law fully authorized a selection from any branch of the whole militarj- establishment of 1815. Justified, therefore, as I thought myself in taking that range by the very highest sanction, the sole object to which I had to direct my attention was the merit of the officers to be selected for these stations. Three gen- erals of great merit were either to be dismissed or otherwise provided for. The ver)^ gallant and patriotic defender of New Orleans had intimated his intention to retire, but at my suggestion expressed his willingness to ac- cept the office of commissioner to receive the cession of the Floridas and of governor for a short time of that Territory. As to one, therefore, there was no difficulty- For the other two provision could onl}- be made in the mode which was adopted. General Macomb, who had signalized himself in the defense of Plattsburg, was placed at the head of the Corps of Engi- neers, to which he had originally belonged, and in which he had acquired great experience. Colonel Armistead, then at the head of that corps, ha-\' ing voluntarily accepted one of the new regiments of artillery, for which he possessed verj^ suitable qualifications. General Atkinson, likewise an ofi&cer of great merit, was appointed to the newly created office of Adju- tant-General. Brevet General Porter, an officer of great experience in the James Monroe ^-03 artillery, and merit, was appointed to the command of another of those regiments. Colonel Fenwick, then the oldest lieutenant-colonel of artil- lery, and who had suffered much in the late war by severe wounds, was appointed to a third, and Colonel Towson, who had served with great distinction in the same corps and been twice brevetted for his gallantry in the late war, was appointed to the last remaining one. General Atkin- son having declined the office of Adjutant-General, Colonel Gadsden, an officer of distinguished merit and believed to possess qualifications suit- ably adapted to it, was appointed in his stead. In making the arrange- ment the merits of Colonel Butler and Colonel Jones were not overlooked. The former was assigned to the place which he would have held in the line if he had retained his original lineal commission, and the latter to his commission in the line, which he had continued to hold with his staff appointment. That the reduction of the Army and the arrangement of the officers from the old to the new establishment and the appointments referred to were in every instanct strictly conformable to law will, I think, be appar- ent. To the arrangei lent generally no objection has been heard ; it has been made, however, .0 the appointments to the original vacancies, and particularly to those of Colonel Towson and Colonel Gadsden. To those appointments, therefore, further attention is due. If they were improper it must be either that they were illegal or that the officers did not merit the offices conferred on them. The acknowledged merit of the officers and the peculiar fitness for the offices to which they were respectively appointed must preclude all objection on that head. Having already sug- gested my impression that in filling offices newly created, to which on no principle whatever anyone could have a claim of right, Congress could not under the Constitution restrain the free selection of the President from the whole body of his fellow-citizens, I shall only further remark that if that impression is well founded all objection to these appointments must cease. If the law imposed such restraint, it would in that ca.se be void. But, according to my judgment, the law imposed none. An ob- jection to the legality of those appointments must be founded either on the principle that those officers were not comprised within the corps then in the service of the United States — that is, did not belong to the peace establishment — or that the power granted by the word "arrange" im- posed on the President the necessity of placing in these new offices jK-r- sons of the same grade only from the old. It is believed that iRillicr objection is well founded. Colonel Towson belonged to one of the corps then in the service of the United States, or, in other words, of the military peace establishment. By the act of 1815-16 the Pay Department, of which the Paymaster- General was the chief, was made one of the branches of the staff, and he and all those under hnn were subjected to the Rules and Articles of War. The appointment, tluTefore. of him Mid especially to a new office, was strictly conformal:>le to law. 7*^3 Afi'ssa^es and Papers of the Presidents The only diflference between the fifth section of the act of 1815 for reducing the Army and the twelfth section of the act of 1821 for still further reducing it, by which the ])owcr to carrj- those laws into efTect was granted to the President in each instance, consists in this, that by the former he was to cause the arrangement to be made of the officers, noncommissioned ofl&cers, musicians, and privates of the several co?-ps of ifoops then in the service of the United States, whereas in the latter the term troops was omitted. It can not be doubted that that omission had an object, and that it was thereby intended to guard against misconstruc- tion in so very material and important a circumstance by authorizing the application of the act unequivocally to everj^ corps of the staff as well as of the line. With that word a much wider range w^as given to the act of 1S15 on the reduction which then took place than under the last act. The omission of it from the last act, together wdtli all the sanctions which were given by Congress to the construction of the law in the reduction made under the former, could not fail to dispel all doubt as to the extent of the power granted by the last law and of the pi nciples which ought to guide, and on which it was thereby made the dul y of the President to execute it. With respect to the other objection — tliat is, that officers of the same grade only ought to have been transferred to these new offices — it is equally unfounded. It is admitted that officers may be taken from the old corps and reduced and arranged in the new in inferior grades, as was done under the former reduction. This admission puts an end to the objection in this case; for if an officer may be reduced and arranged from one corps to another by an entire change of grade, requiring a new commission and a new nomination to the Senate, I see no reason why an officer may not be advanced in like manner. In both instances the grade in the old corps is alike disregarded. The transfer from it to the new turns on the merit of the party, and it is believed that the claim in this instance is felt by all wdth peculiar sensibility. The claim of Colonel Towson is the stronger because the arrangement of him to the office to which he is now nominated is not to one from which any officer has been removed, and to which any other officer may in any view of the case be supposed to have had a claim. As Colonel Gadsden held the office of Inspector- General, and as such was acknowledged by all to belong to the staff of the Army, it is not perceived on what ground his appointment can be objected to. If such a construction is to be given to the act of 1821 as to confine the transfer of officers from the old to the new estabHshment to the co7ps of troops — that is, to the line of the Arm}' — the whole staff of the Armj- in every branch would not only be excluded from any appointment in the new establishment, but altogether disbanded from the service. It would follow also that all the offices of the staff under the new arrangement must be filled by officers belonging to the new establishment after its organization and their arrangement in it. Other consequences not less James Monroe yoi serious would follow. If the right of the President to fill these original vacancies by the selection of officers from any branch of the whole mili- tary establishment was denied, he would be compelled to place in them officers of the same grade whose corps had been reduced, and they with them. The effect, therefore, of the law as to those appointments would be to legislate into office men who had been already legislated out of office, taking from the President all agency in their appDintment. Such a con- struction would not only be subversive of the obvious principles of the Constitution, but utterly inconsistent with the spirit of the law itself, since it would provide offices for a particular grade, and fix ever}- member of that grade in those offices, at a time when every other grade was re- duced, and among them generals and other officers of the highest merit. It would also defeat every object of selection, since colonels of infantry would be placed at the head of regiments of artillery, a ser\'ice in which they might have had no experience, and for which the}^ might in conse- quence be unqualified. Having omitted in the message to Congress at the commencement of the session to state the principles on which this law had been executed, and having imperfectly explained them in the message to the Senate of the 17th of January last, I deem it particularly incumbent on me, as well from a motive of respect to the Senate as to place my conduct in the duty imposed on me by that act in a clear point of view, to make this com- munication at this time. The examples under the law of 18 15, whcrel)y officers were reduced and arranged from the old corps to the new in infe- rior grades, fully justify all that has been done under the law of 1S2 1 . If the power to arrange under the former law authorized the removal of one officer from a particular station and the location of another in it, reducing the latter from a higher to an inferior grade, with the advice and consent of the Senate, it surely justifies under the latter law the arrangcmctU of these officers, with a like sanction, to offices of new creation, from which no one had been removed and to which no one had a just claim. It is on the authority of these examples, supported by the construction which I gave to the law, that I have acted in the discharge of this high trust. I am aware that many officers of great merit, having the strongest claims on their country, have been reduced and others dismissed, but midor Ihc law that result was inevitable. It is believed that none have been re'laim-d who had not, likewise, the strongest claims to the appointments which have been conferred on them. To discriminate between men of acknowl- edged merit, especially in a way to affect so sensibly and materially their feelings and interests, for many of whom I have personal consideration and regard, has been a most painful duty; yet I am conscious that I have discharged it with the utmost impartiality. Had I opened the door to change in any case, even where error might have l>een committed, against whom could I afterwards have closed it, and into what con.scquence.s might not such a proceeding have led ? The same remarks arc applicable 7*^5 Messages and Papers of the Presidents to the subject in its relation tc the Senate, to whose cahn and eulipjht- ened jndginent, with these explanations, I again submit the nominations which have been rejected. JAMES MONROE. April 15, 1822. To the Senate of the United States: In compliance with the resolution of the Senate of the 12th instant, requestinj; the President of the United States ' ' to cause to be laid before the Senate the original proceedings of the board of general officers charged with the reduction of the Army under the act of the 2d of March, 182 1, together with all communications to and from said board on the sub- ject of reducing the Army, including the case submitted to the Attorney- General, and his opinion thereon," I now transmit a report from the Secretary of War, furnishing the information requested. JAMES MONROE. Washington, April 75, 1S22. To the Senate of the United States: In compliance with a resolution of the Senate requesting the President of the United States to lay before that House any report or information which n\2.y be in his possession as to the most eligible situation on the Western waters for the erection of a national arsenal, I herewith transmit a report from the Secretary of War, containing all the information on that subject in the possession of the Executive. JAMES MONROE. Washington, April z^, 1822. . To the House of Representatives of the United States: In compliance with a resolution of the House of Representatives of the i6tli of February last, requesting the President of the United States ' ' to communicate to that House whether any foreign government has made any claim to any part of the territory- of the United States upon the coast of the Pacific Ocean north of the forty-second degree of lati- tude, and to what extent; whether any regulations have been made by foreign powers affecting the trade on that coast, and how it affects the interest of this Repubhc, and whether any communications ha^^e beeJi made to this Government by foreign powers touching the contemplated occupation of Columbia River," I now transmit a report from the Secre- tary 01 btate, containing the information embraced by that resolution. JAMES MONROE. I James Monroe 706 ,r^ , rr r r^ WASHINGTON, April T8 , lS22. JO the House of Representatives: I communicate to the House of Representatives copies of sundrj- pa- pers having relation to the transactions in East and West Florida, which have been received at the Department of State since my message to the two Houses of Congress of the 28th of January last, together with copies of two letters from the Secretary of State upon the same subject. JAMES MONROE. [The same message was sent to the Senate.] Washington, April 23, 1S22. To the House of Representatives: In compliance with a resolution of the House of Representatives of the 29th January last, requesting the President of the United States to cause to be communicated to that House certain information relative to the claim made by Jonathan Carver to certain lands within the United States near the Falls of St. Anthony, I now transmit a report of the Secretary of the Treasury, which, with the accompanying documents, contains all the information on this subject iu the possession of the Executive. JAMES MONROE. Washington, April 26, 1S22. To the Senate of the United States: I transmit to the Senate, agreeably to their resolution of yesterday, a report from the Secretary of State, with copies of the papers rccjueste*! by that resolution, in relation to the recognition of the vSoutli American Provinces. JAMES MONROE. Washington, April 29, 1822. To the House of Representatives: I transmit to the House of Representatives a report from the Secretary of State, in pursuance of their resolution of the 29th instant,- " rcciuest- ing to be furni.shed with a copy of the judicial proceedings in tlu; United States court for the district of Eouisiana in the ca.se of the French slave ship /.a Penseer JAMICS MONROIC Washington, April 30, 1S22. To the Seiiate of the United States : In compliance with a resolution of the Senate, ruqucstin^ the l'Hsi- him from Paris on the i ith of February, i8 15, to the then Secretary of State, to be communicated to the House as the letter called for b}- the resolu- tion." On the perusal of the document called for I find that it communicates a difference of opinion between Mr. Russell and a majority of his col- leagues in certain transactions which occurred in the negotiations at Ghent, touching interests which have been since satisfactorily adjusted by treaty between the United States and Great Britain. The view wliich Mr. Russell presents of his own conduct and that of his colleagues in those transactions will, it is presumed, call from the two surviving members of that mission who differed from him a reply containing their ^-iew of those transactions and of the conduct of the parties in them, and who, should his letter be communicated to the House of Represertatives, will also claim that their reply should be communicated in like manner by the Ex- ecutive — a claim which, on the principle of equal justice, could not be resisted. The Secretary of State, one of the ministers referred to, has already expressed a desire that Mr. Russell's letter should be communi- cated, and that I would transmit at the same time a communication from him respecting it. On full consideration of the subject I have thought it would be im- proper for the Executive to communicate the letter called for unless the House, on a knowledge of these circumstances, should desire it, in which case the document called for shall be communicated, accompanied by a report from the Secretary of State, as above suggested. I have directed a copy to be delivered to Mr. Russell, to be disposed of as he may think proper, and have caused the original to be deposited in the Department of State, with instruction to deliver a copy to any person who may be interested. JAMES MONROE. Washington, May 6, 1822. To the Senate and House of Representatives: I transmit to Congress translations of two letters from Don Joa-unn d'Anduaga to the Secretary of State, which hax'c been received :.t th- Oepartment of State since my last message conununicating copies of his correspondence with this Government. JAMES MONROE. / • V Messages and Papers of the Presidents Don Joaquin dc Andiiaga to the Secretary of State. [Translation.] Philadelphia, April 24, 1S22. Sir: As soon as the news was received in Madrid of the recent occurrences in New Spain after the arrival at Vera Cruz of the Captain-General and supreme politica" diicf apjxiintcd for those Provinces, Don Juan O. Donoju, and some papers were seen relative to those same transactions, it was feared that for forming the treauy concluded in Cordova on the 24th of August last between the said General and the traitor, Colonel Dr. Augustine Iturbide, it had been falsely supposed that the former nad power from His Catliolic Majesty for that act, and in a little time the correctness of those suspicions was found, as, among other things, the said O. Donojfi, when on the 26th of the same August he sent this treaty to the governor of Vera Cruz, notify- ijig him of its prompt and punctual observance, he told him that at his sailing from the Peninsida preparation for the independence of Mexico was already thought of, and that its bases were approved of by the Government and by a commission of the Cortes. His Majestj'', on sight of this and of the fatal impression which so great an imposture had produced in some ultramarine Provinces, and what must without diffi- culty be the consequence among the rest, thought proper to order that, by means of a circular to all the chiefs and corporations beyond seas, this atrocious falsehood should be disbelieved; and now he has deigned to command me to make it known to the Government of the United States that it is false as far as General O. Donojfi published beyond his instructions, by pointing out to it that he never could have Ijeen furnished with other instructions than those conformable to constitutional prin- ciples. In compliance with this order of His Majesty, I can do no less than observe to you, sir, how unfounded one of the reasons is in your note of the 6th instant for the recog- nition by this Government of those of the insurgent Provinces of Spanish-America — that it was founded on the treaty made by O. Donoju -nnth Iturbide — since not hav- ing had that power nor instruction to conclude it it is clearly null and of no value. I repeat to you, sir, the sentiments of my distinguished consideration, and pray God that you live many years. JOAQUIN DE ANDUAGA. Don Joaquin de Anduaga to the Secretary of State. [Translation.] Philadelphia, April 26, 1S23. John Qthncy Adams, Secretary of State. Sir: I have received your note of the 15th instant, in which j-ou are pleased to communicate to me the reasons which induce the President not onlj' to refuse to His Catholic Majesty the satisfaction which he demanded in his royal name for the in- sults offered by General Jackson to the Spanish commissaries and officers, but to approve fully of the said cnief's conduct. Before answering the contents of the said note I thought it my duty to request in- structions from my Government, and therefore without delay I have laid it before them. Until they arrive, therefore, I have confined myself to two observations: First. If in my note of the i8th of November last I said that as General Jackson had not specified the actions which had induced him to declare the Spanish officers expelled from the Floridas criminal, nor given proof of them, I thought myself authorized to declare the accusation false, I did not this through inadvertency, but upon the evident principle that every person accused has a right to declare an accii- James Monroe yio sation destitute of proof false, and, much more, an accusation not pretended to be proved. This assertion of mine does not presume that I am not persuaded of the merit of the said General and of the claim which he has upon the gratitude of his country; but although it is believed the duty of his country to eulogize aud reward his eminent services, yet it will be lawful for the representative of a power outraged by him to complain of his conduct. I can not persuade myself that to aggravate my said expression you could have thought that I had been wanting in due respect, it not being possible for that opinion to have entered your mind, when by his orders Mr. Forsyth had sent to the Spanish minister on the ist of September last a note, in which, complaining of the Captain-General of the island of Cuba, he accuses him of dishonorable pecuniary motives in not having delivered the archives, without giving any proof of so injurious an assertion; and I must remark that the rank of General Mabry in Spain is at least as elevated as that of General Jackson in the United States, and that the services performed by him to his country have rendered him as worthy as he of its consideration and respect. Second. Although you are pleased to tell me that part of the papers taken from Colonel Coppinger are ready to be delivered, which the American commissioners, after having examined them, have adjudged to be returned to Spain, I do not think myself authorized to admit their return in this manner, but in the mode which I demanded in my note of the 22d of November last. As I have seen by the public papers that the President has communicated to Con- gress the note which you were pleased to address to me, dated the 15th instant, and that it has been ordered to be printed, I take the liberty of requesting that you will have the goodness to use your influence that this my answer may be treated in the same manner, that Congress and the public may be informed that if I have not an- swered the first part of it as respects the general business, it is only to wait for the instructions of my Government, but that I have answered what was personal. I renew to you, sir, the sentiments of my distinguished consideration. J0A(2U1N DE ANDUAGA. Washington, ^fay <5, 1822, To the Senate of the United States: In compliance with a resolution of the Senate of the 26th of April, requesting the President of the United States ' ' to connnunicate to the Senate the report of the Attorney- General relative to any persons (citi- zens of the United States) who have been charged with or suspected of introducing any slaves into the United States contrary to existing laws," I transmit herewith two reports from the Attorney- General. JAMES MONROIv Washington, Afay 7, 1822. To the Senate of the United States: In compliance with the resolution of the Senate of the r.stli of April, requesting certain information concerning lead mines on lands of the United States, I herewith transmit a report from llic Secretary of War. JAMKS MUNKOK. 7 ' ^ Afi'ssagcs and Papers of tJic Preside^its Washington, May 7, 1822. To fhe House of Representatives: In compliance with the resohitioii of the House of Representatives of the 23d of April, requesting the President of the United States to cause to be communicated to that House certain information respecting the lead mines of the State of Missouri, I herewith transmit a report of the Secretary of War. JAMES MONROE. Washington, May 7, 1822. To the House of Representatives: In compliance with the resolution of the House of Representatives of the 7th of May, requesting the President to communicate to that House a letter of Jonathan Russell, esq., referred to in his message of the 4th instant, together with such communications as he may have received relative thereto from any of the other ministers of the United States who negotiated the treaty of Ghent, I herewith transmit a report from the Secretary of State, with the documents called for by that resolution. JAMES MONROE. VETO MESSAGE. Washington, May 4., 1822. To the House of Representatives: Ha\nng duly considered the bill entitled "An act for the preservation and repair of the Cumberland road," it is with deep regret, approving as I do the policy, that I am compelled to object to its passage and to return the bill to the House of Representatives, in which it originated, under a conviction that Congress do not possess the power under the Constitution to pass such a lav/. A power to establish turnpikes with gates and tolls, and to enforce the collection of tolls by penalties, implies a power to adopt and execute a complete sj^stem of internal improvement. A right to impose duties to be paid by all persons passing a certain road, and on horses and carriages, as is done by this bill, involves the right to take the land from the propri- etor on a valuation and to pass laws for the protection of the road from injuries, and if it exist as to one road it exists as to any other, and to as many roads as Congress may think proper to establish. A right to legis- late for one of these purposes is a right to legislate for the others. It is a complete right of jurisdiction and sovereignty for all the purposes of internal improvement, and not merely the right of applying money under the power vested in Congress to make appropriations, under which power, James Monroe - , > with the consent of the States through which this road passes, the work was originally commenced , and has been so far executed. I am of opinion that Congress do not possess this power; that the States individually can not grant it, for although they may assent to the appropriation of money within their limits for such purposes, they can grant no power of juris- diction or sovereignty by special compacts with the United States. This _ power can be granted only by an amendment to the Constitution and in the mode prescribed by it. If the power exist, it must be either because it has been specifically granted to the United States or that it is incidental to some power which has been specifically granted. If we examine the specific grants of power we do not find it among them, nor is it incidental to any power which has been specifically granted. It has never been contended that the power was specifically granted. It is claimed only as being incidental to some one or more of the pow- ers which are specifically granted. The following are the powers from which it is said to be derived: First, from the right to establish post-offices and post-roads; second, from the right to declare war; third, to regulate commerce; fourth, to pay the debts and provide for the common defense and general welfare; fifth, from the power to make all laws necessary and proper for carrj-ing into execution all the powers vested by the Constitution in the Govern- ment of the United States or in any department or officer thereof; sixth and lastly, from the power to dispose of and make all needful rules and regulations respecting the territory and other property of the United States. According to my judgment it can not be derived from either of those powers, nor from all of them united, and in consequence it does not exist. Having stated my objections to the bill, I should now cheerfully com- municate at large the reasons on which they are founded if I had time to reduce them to such form as to include them in this paper. The ad- vanced stage of the session renders that impossible. Having at the com- mencement of my service in this high trust considered it a duty to express the opinion that the United States do not possess the power in question, and to suggest for the consideration of Congress the propriety of recom- mending to the States an amendment to the Constitution to vest the power in the United States, my attention has been often drawn to the subject since, in consequence whereof I have occasionally committed my sentiments to paper respecting it. The form which this exposition has assumed is not such as I should have given it had it l>ecn intended for Congress, nor is it concluded. Nevertheless, as it contains my views on this subject, being one which I deem of very high importance, and which in many of its bearings has now become peculiarly urgent, I will com- municate it to Congress, if in my power, in the course of the day, or cer- tainly on Monday next, JAMKS MONROE. 7' 3 Messages and Papers of the Presidents Washington, May /, 1822. To the House of Rcprcsaitativcs: I trausinit the paper alluded to in the message of this day, on the subject of internal improvements. JAMES MONROE. VIEWS OK THE PRESIDENT OF THE UNITED STATES ON THE SUBJECT OF INTERNAL IMPROVEMENTS. It may be presumed that the proposition relating to internal improvements by roads and canals, which has been several times before Congress, will be taken into consideration again either for the purpose of recommending to the States the adop- tion of an amendment to the Constitution to vest the necessary power in the General Government or to carry the system into effect on the principle that the power has already been granted. It seems to be the prevailing opinion that great advantage would be derived from the exercise of such a power by Congress. Respecting the right there is much diversity of sentiment. It is of the highest importance that this question should be settled. If the right exist, it ought forthwith to be exercised. If it does not exist, surely those who are friends to the power ought to unite in rec- ommending an amendment to the Constitution to obtain it. I propose to examine this question. The inquiry confined to its proper "objects and within the most limited scale is extensive. Our Government is unlike other governments both in its origin and form. In analyzing it the differences in certain respects between it and those of other nations, ancient and modern, necessarily come into view. I propose to notice these differences so far as they are connected with the object of inquiry, and the con- sequences likely to result from them, varying in equal degree from those which have attended other governments. The digression, if it may be so called, will in every instance be short and the transition to the main object immediate and direct. To do justice to the subject it will be necessary to mount to the source of power in these States and to pursue this power in its gradations and distribution among the sev- eral departments in which it is now vested. The great division is between the State governments and the General Government. If there was a perfect accord in every instance as to the precise extent of the powers granted to the General Government, we should then know with equal certainty w^hat were the powers which remained to the State governments, since it would follow that those which were not granted to the one would remain to the other. But it is on this point, and particularly respecting the construction of these powers and their incidents, that a difference of opinion ex- ists, and hence it is necessary to trace distinctly the origin of each government, the purposes intended by it, and the means adopted to accomplish them. By having the interif)r of both governments fully before us we shall have all the means which can be afforded to enable us to form a correct opinion of the endowments of each. Before the Revolution the present States, then colonies, were separate communities, uncoimected with each other except in their common relation to the Crown. Their governments were instituted by grants from the Crown, which operated, according to the conditions of each grant, in the nature of a compact between the settlers in each colony and the Crown. All power not retained in the Crown was vested exclusively in the colonies, each having a government consisting of an executive, a judiciary, and a legislative assembly, one branch of which was in every instance elected by the people. No ofBce was hereditary, nor did any title under the Crown give rank or oflBce in any of the colonies. In resisting the encroachments of the parent country and abrogating the power of the Crown the authority which had been held by it vested exclusively in the people of the colonies. By them was a Congress appointed, com* James Monroe 714 posed of delegates from each colony, who managed the war, declared independence, treated with foreign powers, and acted in all things according to the sense of their constituents. The Declaration of Independence confirmed in form what had before existed in substance. It announced to the world new States, possessing and exer- cising complete sovereignty, which they were resolved to maintain. They were soon after recognized by France and other powers, and finally by Great Britain herself in 1783- Soon after the power of the Crown was annulled the people of each colony estab- lished a constitution or frame of government for themselves, in which these separate branches — legislative, executive, and judiciary — were instituted, each independent of the others. To these branches, each having its appropriate portion, the whole power of the people not delegated to Congress was communicated, to be exercised for their advantage on the representative principle by persons of their appointment, or otherwise deriving their authority immediately from them, and holding their oflBces for stated terms. All the powers necessary for useful purposes held by any t>{ the strongest governments of the Old World not vested in Congress were imparted to these State governments without other checks than such as are necessary to prevent abuse, in the form of fundamental declarations or bills of right. The great difference between our governments and those of the Old World consists in this, that the fonner, being representative, the persons who exercise their powers do it not for themselves or in their own right, but for the people, and therefore while they are in the highest degree efficient they can never become oppressive. It is this transfer of tlie power of the people to representative and responsible bodies in every branch which consti- tutes the great improvement in the science of government and forms the boast of our system. It combines all the advantages of every known government without any of their disadvantages. It retains the sovereignty in the people, while it avoids the tumult and disorder incident to the exercise of that power by the people themselves. It possesses all the energy and efficiency of the most despotic governments, while it avoids all the oppressions and abuses inseparable from those governments. In every stage of the conflict from its commencement until March, 17S1, the powers of Congress were undefined, but of vast extent. The assemblies or conventions of the several colonies being formed by representatives from everj'' county in each colony and the Congress by delegates from each colonial assembly, the powers nf the latter for general purposes resembled those of the former for local. They rested on the same basis, the people, and were complete for all the purposes contemplated. Never was a movement so spontaneous, so patriotic, so efficient. The nation exerted its whole faculties in support of its rights, and of its independence after the contest took that direction, and it succeeded. It was, however, foreseen at a very early stage that although the patriotism of the country might be relied on in the .struggle f..r its in- dependence, a well-digested compact would be necessary to preserve it after obtained. A plan of confederation was in consequence proposed and take'i into consideration by Congress even at the moment when the otlier great act which .scvereil tlu-m fioni Great Britain and declared their independence was proclaimed to tlie worM. This compact was ratified on the 21st March, 1781, by the last vState, and tlureiiiK.ii car- ried into immediate effect. The following powers wc-e vested in the United States by the Articles of Confe.1- eration. As this, the first bond of union, was in operation nearly eight years, during which time a practical construction was given to many of its powers, nil of which were adopted in the Constitution with importrr.t additions, it is thought that n correct view of those powers and of the manner in wliich they are execute Messages and Papers of the Presidents excises are levied, taxes are laid, the lands, merchandise, and other property of the citizens are liable for them; if the monej* is not paid, seizures are made and the lands are sold. The transaction is tonninated; the lands pass into other hands, who hold them, as tlie former proprietors did, under the laws of the individual States. They were means only to certain ends; the United States have nothing further to do with them. The same view is applicable to the power of the General Government over persons. The militia is called into the service of the United States; the service is performed; the corps returns to the State to which it belongs; it is the militia of such State, and not of the United States. Soldiers are required for the Army, who may be obtained by voluntary- enlistment or by some other process founded in the prin- ciples of equality. In either case the citizen after the tour of duty is performed is restored to his former station in society, with his equal share in the common .sover- eignty of the nation. In all these cases, which are the strongest which can be given, we see that the right of the General Government is nothing more than what It is called in the Constitution, a power to perform certain acts, and that the subject on which it operates is a means only to that end; that it was both before and after that act under the protection and subject to the laws of the individual State within which it was. To the other powers of the General Government the same remarks are applicable and with greater force. The right to regulate commerce with foreign powers was necessary as well to enable Congress to lay and collect duties and imposts as to .sup- port the rights of the nation in the intercourse with foreign powers. It is executed at the ports of the several States and operates almost altogether externally. The right to borrow and coin monej' and to fix its value and that of foreign coin are im- portant to the establishment of a National Government, and particularly necessary in support of the right to declare war, as, indeed, may be considered the right to punish piracy and felonies on the high seas and offenses against the laws of nations. The right to establish an uniform rule of naturalization and uniform laws respecting bankruptcies seems to be essentially connected wnth the right to regulate commerce. The first branch of it relates to foreigners entering the country; the second to mer- chants who have failed. The right to promote the progress of usefvd arts and sciences ma}^ be executed wnthout touching any of the indi\-idual States. It is accomplished by granting patents to inventors and preserving models, which may be done exclu- sively within the Federal district. The right to constitute cotuls inferior to the Supreme Cotu-t was a necessary consequence of the judiciary existing as a separate branch of the General Government. Without such inferior court in every State it would be difficult and might even be impossible to carry into effect the laws of the General Government. The right to establish post-offices and post-roads is essen- tially of the same character. For political, commercial, and social ptu-poses it was important that it should be vested in the General Government. As a mere matter of regulation, and nothing more, I presume, was intended by it, it is a power easily executed and invohnng little authority w4thin the States individually. The right to exercise exclusive legislation in all cases whatsoever over the Federal district and over forts, magazines, arsenals, dockyards, and other needful buildings wdth the consent of the State within which the same may be is a power of a peculiar character, and is sufficient in itself to confirm what has been said of all the other powers of the Gen- eral Government. Of this particular grant further notice will hereafter be taken. I shall conclude my remarks on this part of the subject by obsenung that the view which has been presented of the powers and character of the two Governments is sup- ported by the marked difference which is observable in the manner of their endowment. The State governments are divided into three branches — a legislative, executive, and judiciary — and the appropriate duties of each assigned to it without any limitation of power except such as is necessary to guard against abuse, in the form of bills of right. But in instituting the National Government an entirely different principle James Monroe >j2^ was adopted and pursued. The Government itself is organized, like the State gov- ernments, into three branches, but its powers are enumerated and defined in the most precise form. The subject has already been too fully explained to require illustration by a general view of the whole Constitution, every part of which affords proof of what is here advanced. It will be sufficient to advert to the eighth section of the first ar- ticle, being that more particularly which defines the powers and fixes the character of the Government of the United States. By this section it is declared that Congress shall have power, first, to lay and collect taxes, duties, imposts, and excises, etc. Having shown the origin of the State governments and their endowments when first formed; having also shown the origin of the National Government and the powers vested in it, and having shown, lastly, the powers which are admitted to have remained to the State governments after those which were taken from them by the National Government, I will now proceed to examine whether the power to adopt and execute a system of internal improvement by roads and canals has been vested in the UiiiUe post- offices, the routes by which the mails shoixld be carried from one post-office to another, so as to diffuse intelligence as extensively and to make the institution as useful as possible, to fix the postage to be paid on every letter and packet thus car- ried, to support the establishment, and to protect the post-office and mails from rob- bery by punishing those who should commit the offense. The idea of a right to lay off the roads of the United States on a general scale of improvement, to take the soil from the proprietor by force, to establish turnpikes and tolls, and to punish offenders in the manner stated above would never occur to any such person. The use of the existing road by the stage, mail carrier, or postboy in passing over it as others do is all that would be thought of, the jurisdiction and soil remaining to the State, with a right in the State or those authorized by its legislature to change the road at jjleasurc. The intention of the parties is supported by other proof, which ought to place it beyond all doubt. In the former act of Government, the Confederation, we find a grant for the same purpose expressed in the following words: "The United States in Congress assembled shall have the so^e and exclusive right and power of establish- ing and regulating post-offices from one State to another throughout all the Unitr.l States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office." The tenn "establi.sh " was likewise the ruling one in that instrument, and was evidently intended and under- stood to give a power simply and solely to fix where there should be post-offices. By transferring this term from the Confederation into the Constitution it was clonbt- less intended that it should be understood in the same sense in the latter tluit it was in the former instrument, and to be applied alike to post-offices ann none other. A power, then, to impose such duties and imposts in regard to foreign nations and to prevent any on the trade between the States was the only power granted. If we reciur to the causes which produced the adoption of this Constitution, we shall find that injuries resulting from the regulation of trade by the States respective 'y and the advantages anticipated from the transfer of the power to Congress wt-re among those which had the most weight. Instead of acting as a nation in regard to for- eign powers, the Statec individually had commenced a system of restraint on each other whereby the interests of foreign powers were promoted at their exi)ciise. If one State imposed high duties on the goods or vessels of a foreign power to c.nnter- vail the regulations of such power, the next adjoining States imposed lightiT .hities to invite those articles into their ports, that they might be transferred thence into the other States, securing the duties to themselves. This contracted policy in wmie of the States was soon counteracted by others. Restraints were immediately laid ou such commerce by the suffering States, and thus had grown up a state of ufTuin. M P— voi< I — 25 73^ Messages and Papers of the Presidents disonlerly and unnatural, the tendency of which was to destroy the Union itself and with it all hope of realizing those blessings which we had anticipated from the glorious Revolution which had been so recently achieved. From this deplorable dilemma, or, ratlier, certain ruin, we were happily rescued by the adoption of the Constitution. Among the first and most important effects of this great Revolution was the com- plete abolition of this pernicious policy. The States were brought together by the Constitution as to commerce into one community equally in regard to foreign nations and each other. The regulations that were adopted regarded us in both respects as one people. The duties and imposts that were laid on the vessels and merchandise of foreign nations were all uniform throughout the United States, and in the intercourse between the States themselves no duties of any kind were imposed other than between different ports and counties within the same State. This view is supported by a series of measures, all of a marked character, preceding the adoption of the Constitution. As early as the year 17S1 Congress recommended it to the States to vest in the United States a power to levy a dt;ty of 5 per cent on all goods imported from foreign countries into the United States for the term of fif- teen years. In 1783 this recommendation, with alterations as to the kind of duties and an extension of this term to twenty-five years, was repeated and more earnestly urged. In 1784 it was recommended to the States to authorize Congress to prohibit, under certain modifications, the importation of goods from foreign powers into the United States for fifteen years. In 17S5 the consideration of the subject was resumed, and a proposition presented in a new form, with an address to the States, explaining fully the principles on which a grant of the power to regulate trade was deemed indis- pensable. In 1786 a meeting took place at Annapolis of delegates from several of the States on this subject, and on their report a convention was formed at Philadel- phia the ensuing year from all the States, to whose deliberations we are indebted for the present Constitution. In none of these measures was the subject of internal improvement mentioned or even glanced at. Those of 1784, 1785, 1786, and 1787, leading step by step to the adoption of the Constitution, had in view only the obtaining of a power to enable Congress to regulate trade with foreign powers. It is manifest that the regulation of trade with the several States was altogether a secondary object, suggested by and adopted in connection with the other. If the power necessary to this system of improvement is included under either branch of this grant, I should suppose that it }?as the first rather than the second. The pretension to it, however, under that branch has never been set up. In support of the claim under the second no reason has been assigned which appears to have the least weight. The f oiulh claim is founded on the right of Congress to ' ' pay the debts and pro- vide for the common defense and general welfare ' ' of the United States. This claim has less reason on its side than either of those which we have already examined. The power of which this forms a part is expressed in the following words: "Congress shall have power to lay and collect taxes, duties, imposts, and excises; to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States." That the second part of this grant gives a right to appropriate the public money, and nothing more, is evident from the following considerations: First. If the right of appropriation is not given by this clause, it is not given at all, there being no other grant in the Constitution which gives it directly or which has any bearing on the subject, even by implication, except the two following: First, the prohibition, which is contained in the eleventh of the enumerated powers, not to appropriate money for the support of armies for a longer term than two years; aud, second, the declara- tion of the sixth member or clause of the ninth section of the first article that no money shall be drawn from the Treasury but in consequence of appropriations made James Monroe 733 by law. Second. This part of the grant has none of the characteristics of a distinct and original power. It is manifestly incidental to the great objects of the first part of the grant, which aiithorizes Congress to lay and collect taxes, duties, im- posts, and excises, a power of vast extent, not granted by the Confederation, the grant of which formed one of the principal inducements to the adoption of this Con- stitution. If both parts of the grant are taken together ( as they nmst be, for the one follows immediately after the other in the same sentence), it seems to be impossible to give to the latter any other construction than that contended for. Congress shall have power to lay and collect taxes, duties, imposts, and excises. For what purpose? To pay the debts and provide for the conmion defense and general welfare of the United vStates, an arrangement and phraseology which clearly show that the latter part of the clause was intended to enumerate the purposes to which the money thus raised might be appropriated. Third. If this is not the real object and fair con- struction of the second part of this grant, it follows either that it has no import or operation whatever or one of much greater extent than the first part. This pre- sixmption is evidently groundless in both instances. In the first because no part of the Constitution can be considered useless; no sentence or clause in it without a meaning. In the second because such a construction as made the second part of the clause an original grant, embracing the same object with the first, but with much greater power than it, would be in the highest degree absurd. The order generally observed in grants, an order founded in common sense, since it promotes a clear understanding of their import, is to grant the power intended to be conveyed in the most full and explicit manner, and then to explain or qualify it, if explanation or qualification should be necessary. This order has, it is believed, been invariably observed in all the grants contained in the Constitution. In the second because if the clause in question is not construed merely as an authority to appropriate the public money, it must be obvious that it conveys a power of indefinite and unlimited extent; that there would have been no use for the special powers to raise and support armies and a navy, to regulate commerce, to call forth the militia, or even to lay and collect taxes, duties, imposts, and excises. An unqualified power to pay the debts and provide for the common defense and general welfare, as the second part of this clause would be if considered as a distinct and separate grant, would extend to every object in which the public could be interested. A power to provide for the com- mon defense would give to Congress the command of the whole force and of all the resources of the Union; but a right to provide for the general welfare would go nuich further. It would, in effect, break down all the barriers between the States and the General Government and consolidate the whole under the latter. The powers specifically granted to Congress are what are called the enumerated powers, and are numbered in the order in which they stand, among which that con- tained in the first clause holds the first place in point of importance. If the i>owcr created by the latter part of the clause is considered an original grant, unconnected with and independent of the first, as in that case it must be, then the first part is entirely done away, as are all the other grants in the Constitution, being completely absorbed in the transcendent power granted in the latter part; but if the clause Ik: construed in the sense contended for, then every part has an inipo.tant meaiiiiiK an.l effect; not a line, a word, in it is superfluous. A power to lay and colled taxes, duties, imposts, and excises subjects to the call of Congress every branch of the public revenue, internal and external, and the addition to i)ay the debts and provi.lc for the common defense and general welfare gives the right of api)l ying the mo.icy raised— that is, of appropriating it to the purposes specified according tr, a projKT construction of the terms. Hence it follows that it is the first part of the clause only which gives a power which affects in any manner the power remaining to the States. as the power to raise money from the ])eople, whether it be by taxes, duties. nnj>ostj;, or excises, though concurrent in the Stales uj to taxes and excises nmst ucccssanly 733 Messages arid Papers of the Presidents do. But tlie use or application of the money after it is raised is a power altogether of a different character. It imposes no burden on the people, nor can it act on them in a sense to take power from the States or in any sense in which power can be con- troverted, or become a question between the two Governments. The application of money raised under a lawful power is a right or grant which may be abused. It may be applied partially among the States, or to improper purposes in our foreign and domestic concerns; but still it is a power not felt in the sense of other power, since the oidy complaint which any State can make of such partiality' and abuse is that some other State or States have obtained greater benefit from the application than by a just rule of apportionment they were entitled to. The right of appropriation is therefore from its nature secondary and incidental to the right of raising money, and it was proper to place it in the same grant and same clause with that right. By finding them, then, in that order we see a new proof of the sense in which the grant was made, corresponding with the view herein taken of it. The last part of this grant, which provides that all duties, imposts, and excises shall be uniform throughout the United States, furnishes another strong proof that it was not intended that the second part should constitute a distinct grant in the sense above stated, or convey any other right than that of appropriation. This provision operates exclusively on the power granted in the first part of the clause. It recites three branches of that power — duties, imposts, and excises — those only on which it could operate, the rule by which the fourth — that is, taxes — should be laid being already provided for in another part of the Constitution. The object of this provision is to secure a just equality among the States in the exercise of that power by Con- gress. By placing it after both the grants — that is, after that to raise and that to appropriate the public money — and making it apply to the first only it shows that it was not intended that the power granted in the second should be paramount to and destroy that granted in the first. It shows also that no such formidable power as that suggested had been granted in the second, or any power against the abuse of which it was thought necessary specially to provide. Surely if it was deemed proper to guard a specific power of limited extent and well-known import against injustice and abuse, it would have been much more so to have guarded against the abuse of a power of such vast extent and so indefinite as would have been granted by the sec- ond part of the clause if considered as a distinct and original grant. With this construction all the other enumerated grants, and, indeed, all the grants of power contained in the Constitution, have their full operation and efTect. They all stand well together, fulfilling the great purposes intended by them. Under it we behold a great scheme, consistent in all its parts, a Government instituted for national purposes, vested with adequate powers for those purposes, commencing with the most important of all, that of the revenue, and proceeding in regular order to the others with which it was deemed proper to endow it, all, too, drawn with the utmost circumspection and care. How much more consistent is this construction wA'Ca. the great objects of the institution and with the high character of the enlightened and patriotic citizens who framed it, as well as of those who ratified it, than one which subverts every sound principle and rule of construction and throws everything into confusion. I have dwelt thus long on this part of the subject from an earnest desire to fix in a clear and satisfactory manner the import of the second part of this grant, well knowing from the generality of the terms used their tendency to lead into error. I indulge a strong hope that the view herein presented will not be without effect, but will tend to satisfy the unprejudiced and impartial that nothing more was granted by that part than a power to appropriate the public money raised under the other part. To what extent that power may be carried will be the next object of inquiry. It is contended on the one side that as the National Government is a government of limited powers it has no right to expend money except in the pericima:i<:e of acts James Monroe 7--^ authorized by the other specific grants according to a strict construction of their pow- ers; that this grant in neither of its branches gives to Congress discretionary po^-er of any kind, but is a mere instrument in its hands to carrj' into effect the powers contained in the other grants. To this construction I was incUned in the more earlv stage of our Government; but on further reflection and observation my mind has undergone a change, for reasons which I will frankly unfold. The grant consists, as heretofore observed, of a twofold power— tlie first to raise, the second to appropriate, the public money— and the terms used in both instances are general and unqualified. Each branch was obviously drawn with a view to the other, and the import of each tends to illustrate that of the otlier. The grant to raise money gives a power over every subject from which revenue may be drawn, and is made in the same manner with the grants to declare war, to raise and support armies and a navy, to regulate commerce, to establish post-offices and post-roads, and with all the other specific grants to the General Government. In the discharge of the powers contained in any of these grants there is no other check than tliat which is to be found in the great principles of our system, the responsibility of the representa- tive to his constituents. If war, for example, is necessary, and Congress declare it for good cause, their constituents will support them in it. A like support will be given them for the faithful discharge of their duties under any and every- other power vested in the United States. It affords to the friends of our free governments the most heart- felt consolation to know — and from the best evidence, our own experience — that in great emergencies the boldest measures, such as form the strongest appeals to the virtue and patriotism of the people, are sure to obtain the most decided approba- tion. But should the representative act corruptly and betray his trust, or othcr^vise prove that he was unworthy of the confidence of his constituents, he would be equally sure to lose it and to be removed and otherwise censured, according to his deserts. The power to raise money by taxes, duties, imposts, and excises is alike unqualified, nor do I see any check on the exercise of it other than that which applies to the other powers above recited, the responsibility of the representative to his constituents. Congress know the extent of the public engagements and the sums necessary to meet them; they know how much may be derived from each branch of revenue without pressing it too far; and, paying due regard to the interests of the peoj)le, they like- wise know which branch ought to be resorted to in the first instance. From the commencement of the Government two branches of this power, duties and in))^>sts, have been in constant operation, the revenue from which has supported the Co\-ern- ment in its various branches and met its other ordinary engagements. In great emergencies the other two, taxes and excises, have likewise been resorted to, and neither was the right or the policy ever called in question. If we look to the second branch of this power, that which authorizes the appro- priation of the money thus raised, we find that it is not less general and uiuiualified than the power to raise it. More comprehensive terms than to "pay the debts and provide for the common defense and general welfare" could not liave been nsed. So intimately connected with and dependent on each other are these two branches of power that had either been limited the limitation would have had the like efTecl on the other. Had the power to raise money been conditional or restricted to si)e- cial piu-poses, the appropriation must have corresponded with it, for none but llic money raised could be appropriated, nor could it be appropriated to other piirjx.ses than those which were permitted. On the other hand, if the right of appropriation had been restricted to certain purposes, it would be useless and improper to raise more than would be adequate to those purposes. It may fairiy be inferre.1 these restraints or checks have been carefully and intentionally avoided. The iK)Wcr \n each branch is alike broad and unqualified, and each is rsidenfs Can it be presumed that all these circumstances were so nicely adjusted by mere accident? Is it not more just to conclude that they were the result of due delibera- tion and design? Had it been intended that Congress should be restricted in the appropriation of the jniblic money to such expenditures as were authorized liy a rigid construction of the other specific grants, how easy would it have been to have pro- viiled for it by a declaration to that effect. The omission of such declaration is therefore an additional proof that it was not intended that the grant shoidd be so construed. It was evidently impossible to have subjected this grant in either branch to such restriction without exposing the Government to very serious embarrassment. How carry it into eflfect? If the grant had been made in any degree dependent upon the States, the Government would have experienced the fate of the Confederation. Like it, it would have withered and soon perished. Had the Supreme Court been author- ized, or should any other tribunal distinct from the Government be authorized, to impose its veto, and to say that more money had been raised under either branch of this power — that is, by taxes, duties, imposts, or excises — than was necessary, that such a tax or duty was useless, that the appropriation to this or that piurpose was unconstitutional, the movement might have been suspended and the whole system disorganized. It was impossible to have created a power within the Government or anj^ other power distinct from Congress and the Executive which should control the movement of the Government in this respect and not destroy it. Had it been declared by a clause in the Constitution that the expenditures under this grant should be re- stricted to the construction which might be given of the other grants, such restraint, though the most innocent, could not have failed to have had an injurious effect on the vital principles of the Government and often on its most important measures. Those who might wish to defeat a measure proposed might construe the power relied on in support of it in a narrow and contracted manner, and in that way fix a precedent inconsistent with the true import of the grant. At other times those who favored a measure might give to the power relied on a forced or strained construction, and, succeeding in the object, fix a precedent in the opposite extreme. Thus it is manifest that if the right of appropriation be confined to that limit, measvu-es may oftentimes be carried or defeated by considerations and motives altogether independent of and unconnected with their merits, and the several powers of Congress receive construc- tions equally inconsistent with their true import. No such declaration, however, has been made, and from the fair import of the grant, and, indeed, its positive terms, the inference that such was intended seems to be precluded. Many considerations of great weight operate in favor of this construction, while I do not perceive any serious objections to it. If it be established, it follows that the words "to provide for the common defense and general welfare " have a definite, safe, and useful meaning. The idea of their forming an original grant, with unlim- ited power, superseding every other grant, is abandoned. They will be considered simply as conveying a right of appropriation, a right indispensable to that of raising a revenue and necessary to expenditvu-es under every grant. By it, as already observed, no new power will be taken from the States, the money to be appropriated being raised under a power already granted to Congress. By it, too, the motive for giving a forced or strained construction to any of the other specific grants will in most in- stances be diminished and in many utterly destroyed. The importance of this con- sideration can not be too highly estimated, since, in addition to the examples already given, it ought particularly to be recollected that to whatever extent any specified power may be carried the right of jurisdiction goes with it. pursuing it through all its incidents. The very important agency which this grant has in carrying into effect every other grant is a wrong argument in favor of the construction contended for. All the other grants are limited by the nature of the offices which they have severally to perform, each conveying a power to do a certain thing, and that only, whereas James Monroe 736 this Is coexteHsive with the great scheme of the Government itself It i. the lever which raises and puts the whole machinery in motion and continues the movement Should either of the other grants fail in consequence of anv condition or limitation attached to it or misconstruction of its powers, much injury might follow, but still it would be the failure of one branch of power, of one item in the svstem only All the others might move on. But should the right to raise and appropriate the public money be improperly restricted, the whole system might be sensiblv affected, if not disorganized. Each of the other grants is limited by the nature of 'the grant itself; this, by the nature of the Government only. Hence it became necessary that, like the power to declare war, this power should be commensurate with the great scheme of the Government and with all its purposes. If, then, the right to raise and appropriate the public money is not restricted to the expenditures under the other specific grants according to a strict construction of their powers, respectively, is there no limitation to it? Have Congress a right to raise and appropriate the money to any and to every purpose according to their will and pleasure? They certainly have not. The Government of the United States is a lim- ited Government, instituted for great national purposes, and for those only. Other interests are committed to the States, whose duty it is to provide for them. Each government should look to the great and essential purposes for which it was insti- tuted and confine itself to those purposes. A State government will rarely if ever apply money to national purposes without making it a charge to the nation. The people of the State would not permit it. Nor will Congress be apt to apply money in aid of the State administrations for purposes strictly local in which the nation at large has no interest, although the State should desire it. The people of the <.)tlier States would condemn it. They would declare that Congress had no right to tax them for such a purpose, and dismiss at the next election such of their representa- tives as had voted for the measure, especially if it should be severely felt. I do not think that in offices of this kind there is much danger of the two Governments mis- taking their interests or their duties, I rather expect that they would soon have a clear and distinct understanding of them and move on in great harmony. Good roads and canals will promote many very important national purposes. They will facilitate the operations of war, the movements of troops, the transporta- tion of cannon, of provisions, and every warlike store, much to our advantage and to the disadvantage of the enemy in time of war. Good roads will facilitate the transportation of the mail, and thereby promote the purposes of commerce and political intelligence among the people. They will by being properly directed to these objects enhance the value of our vacant lands, a treasure of va.st resource to the nation. To the appropriation of the public money to improvements having these objects in view and carried to a certain extent I do not see any well-founded consti- tutional objection. In regard to our foreign concerns, provided they are managed with integrity and ability, great liberality is allowable in the application of the public money. In tin- management of these concerns no State interests can be affected, no vState rights vio- lated. The complete and exclusive control over them is vested in Congress. The power to form treaties of alliance and commerce with foreign jjowers, to regulati- by law our commerce with them, to determine on peace or war, to raise nrinies and -i navy, to call forth the militia and direct their operations belongs to the General Government. These great powers, embracing the whole scope of our foreign rela- tions, being granted, on what principle can it be .said that tlii; minor are withhi-M? Are not the latter clearly and evidently compri.sed in the former ? Nations art- soiiu-- dmes called upon to perform to each other acts of humanity and kindness, of whi.h we see so many illustrious examples between individuals in j^rivate life. Great calamities make appeals to the benevolence of mankind which ought not to be re sisted. Good offices in such emergencies exalt the character of the party rendering 737 Messages and Papers of the Presidents them. By exciting grateful feelings they soften the intercourse between nations and tend to prevent war. Surely if the United States have a right to make war they have a right to prevent it. How was it possible to grant to Congress a power for such minor purposes other than in general terms, comprising it within the scope and polic}- of that which conveyed it for the greater? The right of appropriation is nothing more than a right to apply the public money to this or tliat purpose. It has no incidental power, nor does it draw after it any consequences of that kind. All that Congress could do under it in the case of internal improvements would be to appropriate the money necessary to make them. For everj' act requiring legislative sanction or support the State authority must be relied on. The condemnation of the land, if the proprietors should refuse to sell it, the establishment of turnpikes and tolls, and the protection of the work when finished must be done by the State. To these purposes the powers of the General Government are believed to be utterly incompetent. To tlie objection that the United States have no power in any instance which is not complete to all the purposes to which it ma}^ be made instrumental, and in con- sequence that they have no right to appropriate any portion of the public money to internal improvements because they have not the right of sovereignty and jurisdic- tion over them when made, a full answer has, it is presumed, been already given. It may, however, be proper to add that if this objection was well founded it would not be confined to the simple case of internal improvements, but would apply to others of high importance. Congress have a right to regulate commerce. To give effect to this power it becomes necessary to establish custom-houses in every State along the coast and in many parts of the interior. The vast amount of goods imported and the duties to be performed to accommodate the merchants and secure the revenue make it necessary that spacious buildings should be erected, especially in the great towns, for their reception. This, it is manifest, could best be performed under the direction of the General Government. Have Congress the right to seize the property of individuals if they should refuse to sell it, in quarters best adapted to the purpose, to have it valued, and to take it at the valuation ? Have they a right to exercise jurisdiction within those buildings? Neither of these claims has ever been set up, nor could it, as is presumed, be sustained. They have invariably either rented houses where such as were suitable could be obtained, or, where they could not, pur- chased the ground of individuals, erected the buildings, and held them under the laws of the State. Under the power to establish post-offices and post-roads houses are also requisite for the reception of the mails and the transaction of the business of the several ofl&ces. These have always been rented or purchased and held under the laws of the State in the same manner as if they had been taken by a citizen. The United States have a right to establish tribunals inferior to the Supreme Court, and such have been established in every State of the Union. It is believed that the houses for these inferior courts have invariably been rented. No right of jurisdic- tion in them has ever been claimed, nor other right than that of privilege, and that only while the court is in session. A still stronger case may be urged. Should Congress be compelled by invasion or other cause to remove the Government to some town within one of the States, w'ould they have a right of jurisdiction over such town, or hold even the house in which they held their session under other authority than the laws of such State? It is believed that they would not. If they have a right to appropriate money for any of these purposes, to be laid out under the protection of the laws of the State, surely they have an equal right to do it for the pin-poses of internal improvements. It is believed that there is not a corporation in the Union which does not exercise great discretion in the application of the money raised by it to the purposes of its institution. It would be strange if the Government of the United States, which was instituted for such important pturposes and endowed with such extensive powersj James Monroe f^s should not be allowed at least equal discretion and authority. The evil to be par ticularly avoided is the violation of State rights. Shunning that, it seems to be rea- sonable and proper that the powers of Congress should be so construed as that the General Government in its intercourse with other nations and in our internal concerns should be able to adopt all such measures lying within the fair scope and intended to facilitate the direct objects of its powers as the public welfare may require and a sound and provident policy dictate. The measures of Congress have been in strict accord with the view taken of tlie right of appropriation both as to its extent and limitation, as will be shown by a reference to the laws, commencing at a verj' eariy period. Many roads have been opened, of which the following are the principal: The first from Cumberland, at the head waters of the Potomac, in the State of Maryland, through Pennsylvania and Virginia, to the State of Ohio (March 29, 1806; see vol. 4, p. 13, of the late edition of the laws). The second from the frontiers of Georgia, on the route from Athens to New Orleans, to its intersection with the thirty-first degree of north latitude (April 31, 1806, p. 58). The third from the Mississippi at a point and by a route described to the Ohio (same act). The fourth from Nashville, in Tennessee, to Natchez (same act ) . The fifth from the thirty-first degree of north latitude, on the route from Athens to New Orleans, under such regulations as might be agreed on between the Execu- tive and the Spanish Government (March 3, 1807, p. 117). The sixth from the foot of the rapids of the river Miami, of Lake Erie, to the western line of the Connecticut Reserve (December 12, 1811, p. 364). The seventh from the Lower Sandusky to the boundary line established by the treaty of Greenville (same act). The eighth from a point where the United States road leading from Vincennes to the Indian boundary line, established by the treaty of Greenville, strikes the said line, to the North Bend, in the State of Ohio (January 8, 1812, p. 367). The ninth for repairing and keeping in repair the road between Columbia, on Duck River, in Tennessee, and Madison- ville, in Louisiana, and also the road between Fort Hawkins, in Georgia, and Fort Stoddard (April 27, 1816, p. 104 of the acts of that year). The tenth from the Shaw- neetown, on the Ohio River, to the Sabine, and to Kaskaskias, in Illinois (.\pril 27, 1816, p. 112). The eleventh from Reynoldsburg, on Tennessee River, in the State of Tennessee, through the Chickasaw Nation, to intersect the Natchez road near the Chickasaw old town (March 3, 1817, p. 252). The twelfth: By this act authority was given to the President to appoint three commissioners for the purpose of examining the country and laying out a road from the termination of the Cumberland roail , at Wheeling, on the Ohio, through the States of Ohio, Indiana, and Illinois, to a point to be chosen by them, on the left bank of the Mississippi, between St. Louis and the mouth of the Illinois River, and to report an acciu-ate plan of the said road, with an estimate of the expense of making it. It is, however, declared by the act that noth- ing was thereby intended to imply an obligation on the part of the United States to make or defray the expense of making the said road or any part tht-reof. In the late war two other roads were made by the troops for military purpo.scs— one from the Upper Sandusky, in the State of Ohio, through the Black Swanij), toward Detroit, and another from Plattsburg, on Lake Champlain, through the Clialanga woods toward Sacketts Harbor, which have since been repaired and improved by the troops. Of these latter there is no notice in the laws. The extra i)ay to the .sy a. specific appropriation by Congress. The necessity of keeping those roads open and in good repair, being on the frontier, to facilitate a communication between our pwts, is apparent. All of these roads except the first were formed merely by cutting down the trw» and throwing logs across, so as to make causeways over such jmrts as were otherwise impassable. The execution was of the coarsest kind. The Cumbcrlan.l road is the 739 Aft'ssao-rs and Papers of the Presidents only regular work which has been undertaken by the General Government or which could give rise to any question between the two Governments respecting its powers. It is a great work, over the highest mountains in our Union, connecting from the seat of theGcncr;>l Government the Kastcrnwilh the Western waters, and more intin»ately the Atlantic with the Western States, in the formation of which |;i ,S(X),ooo have been expended. The measures pursued in this case require to be particularly noticed as fixing the opinion of the parties, and particularly of Congress, on the important ques- tion of the right. Passing through Maryland, reiuisylvania, and Virginia, it was thought necessary and proper to bring the subject before their respective legislatures to obtain their sanction, which was granted by each State by a legislative act, approv- ing the route and providing for the purchase and condemnation of the land. This road was founded on an article of compact between the United States and the State of Ohio, under which that State came into the Union, and by which the expense attending it was to be defrayed by the application of a certain portion of the money arising from the sale of the public lands within that State. In this instance, which is by far the strongest in respect to the expense, extent, and nature of the work done, the United States have exercised no act of jurisdiction or sovereignty within either of the States by taking the land from the proprietors by force, by passing acts for the protection of the road, or to raise a revenue from it by the establishment of turnpikes and tolls, or any other act founded on the principle of jurisdiction or right. Whatever they have done has, on the contrary, been founded on the opposite prin- ciple, on the voluntary and unqualified admission that the sovereignty belonged to the State and not to the United States, and that they could perform no act which should tend to weaken the power of the State or to assume any to themselves. All that they have done has been to appropriate the public money to the construction of this road and to cause it to be constructed, for I presume that no distinction can be taken between the appropriation of money raised by the sale of the public lands and of that which arises from taxes, duties, imposts, and excises; nor can I believe that the power to appropriate derives any sanction from a provision to that effect having been made by an article of compact between the United States and the people of the then Territory of Ohio. This point may, however, be placed in a clearer light by a more particular notice of the article itself. By an act of April 30, 1802, entitled "An act to enable the people of the eastern division of the territory northwest of the river Ohio to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes," after describing the limits of the proposed new State and authorizing the people thereof to elect a convention to form a constitution, the three following propositions were made to the convention, to be obligatory on the United States if accepted by it : First, that section No. 16 of every township, or, where such section had been sold, other lands equivalent thereto, should be granted to the inhabitants of such township for the use of free schools. Second, that the 6 miles' reservation, including the salt springs commonly called the Sciota Salt Springs, the salt springs near the Muskingum River and in the military tract, with the sections which include the same, should be granted to the said State for the use of the people thereof, under such regulations as the legislature of the State should prescribe : Provided, That it should never sell or lease the same for more than ten years. Third, that one-twentieth part of the proceeds of the public lands lying within the said State which might be sold by Congress from and after the 30th June ensuing should be applied to the laying out and making public roads from the navigable waters emptying into the Atlantic, to the Ohio, and through the State of Ohio, such roads to be laid out under the authority of Congress, with the consent of the several States through which they should pass. These three propositions were made on the condition that the convention of the State should provide by an ordinance, irrevocable without the consent of the United James Monroe *jvo v'^tates, that every tract of land sold by Congress after the 30th of Jnne ensuing should remain for the term of five years after sale exempt from every species of tax whatsoever. It is impossible to read the ordinance of the 23d of April, 17S4, or the provisions of the act of April 30, 1S02, which are founded on it, without being profoundly im- pressed with the enlightened and magnanimous policy which dictated them. Antic- ipating that the new States would be settled by the inhabitants of the original States and their offspring, no narrow or contracted jealousy was entertained of their admis- sion into the Union in equal participation in the national sovereignty with the orig- inal States. It was foreseen at the early period at which that ordinance passed that the expansion of our Union to the Lakes and to the IMississippi and all its waters would not only make us a greater power, but cement the Union itself. These three propositions were well calculated to promote these great results. A grant of land to each township for free schools, and of the salt springs to the State, which were within its limits, for the use of its citizens, with 5 per cent of the money to be raise(i from the sale of lands within the State for the construction of roads between the original States and the new State, and of other roads within the State, indicated a spirit not to be mistaken, nor could it fail to produce a corresponding effect in the bosoms of those to whom it was addressed. For these considerations the sole return required of the convention was that the new State should not tax the public lands which might be sold by the United States within it for the tenn of five years after they should be sold. As the value of these lands would be enhanced by this exemp- tion from taxes for that term, and from which the new State would derive its propor- tionable benefit, and as it would also promote the rapid sale of those lands, and with it the augmentation of its own population, it can not be doubted, had this exemplifin been suggested unaccompanied by any propositions of particular advantage, that the convention would, in consideration of the relation which had before existed between the parties, and was about to be so much improved, most willingly have acceded to it and without regarding it as an onerous condition. Since, then, it appears that the whole of the money to be employed in making this road was to be raised from the sale of the public lands, and which would still belong to the United States, although no mention had been made of them in the compact, it follows that the application of the money to that purpose stands upon the same ground as if such compact had not been made, and in consequence that the exam- ple in favor of the right of appropriation is in no manner affected by it. The same rule of construction of the right of appropriation has been observed and the same liberal policy pursued toward the other new States, with certain modifica- tions adapted to the situation of each, which were adopted with the Stale of Ohio. As, however, the reasoning which is applicable to the compact with Ohio in relati.Mi to the right of appropriation, in which light only I have adverted to it, is ecjually applicable to the several compacts with the other new States, I deem it unnecessjiry to take a particular notice of them. It is proper to observe that the money which was employed in the construction ..f all the other roads was taken directly from the Treasury. This fact nffords an ad.h- tional proof that in the contemplation of Congress no difference existe.l in the .q.pli- cation of money to those roads between that which was raise.l by the sale of land.s and that which was derived from taxes, duties, imposts, and excises. So far I have confined my remarks to the acts of Congress respecting the right of appropriation to such measures only as operate internally an limitation, we must look for such limitation to other causes. Our attention is first drawn to the right to appropriate, and not finding it there we must then look to the general powers of the Government as designated by the specific grants and to the purposes contemplated by them, allowing to this (the right to raise money), the first and most important of the enumerated powers, a scope which wnll be competent to those purposes. The practice of the Government, as illustrated by numerous and strong examples directly applicable, ought surely to have great weight in fixing the construction of each grant. It ought, I presume, to settle it, especially where it is acquiesced in by the nation and produces a manifest and positive good. A practical construction, thus supported, shows that it has reason on its side and is called for b}- the interests of the Union. Hence, too, the presumption that it will be persevered in. It will surely be better to admit that the construction given by these examples has been just and proper than to deny that construction and still to practice on it — to say one thing and to do another. "Wherein consists the danger of giving a liberal construction to the right of Con- gress to raise and appropriate the public money? It has been shown that its obvious effect is to secure the rights of the States from encroachment and greater harmony in the political movement between the two governments, while it enlarges to a cer- tain extent in the most harmless way the useful agency of the General Government for all the pturposes of its institution. Is not the responsibility of the representa- tive to his constituent in every branch of the General Government equally strong and as sensibly felt as in the State governments, and is not the security against abuse as effectual in the one as in the other government? The history of the Gen- eral Government in all its measures fully demonstrates that Congress will never venture to impose unnecessary bm-dens on the people or any that can be avoided. Duties and imposts have always been light, not greater, perhaps, than would have been imposed for the encouragement of our manufacttires had there been no occa- sion for the revenue arising from them; and taxes and excises have never been laid except in cases of necessity, and repealed as soon as the necessity ceased. Under this mild process and the sale of some hundreds of millions of acres of good land the Government will be possessed of money, which may be applied with great advantage to national purposes. Within the States only will it be applied, and, of course, for their benefit, it not being presumable that such appeals as were made to the benevo- lence of the country in the instances of the inhabitants of St. Domingo and Caracas will often occiu-. How, then, shall this revenue be applied? Should it be idle in the Treasury- ? That our resoiorces -will be equal to such useful purposes I have no doubt, especially if by completing ovir fortifications and raising and maintaining our Navy at the point provided for immediately after the war we sustain our present altitude and preserve by means thereof for any length of time the peace of the Union. WTien we hear charges raised against other governments of breaches of their con- stitutions, or, rather, of their charters, we always anticipate the most serious conse- quences — communities deprived of privileges which they have long enjoyed, or individuals oppressed and punished in violation of the ordinary forms and guards of trial to which they were accustomed and entitled. How different is the situation of the United States ! Nor can anything mark more strongly the great characteristics of that difference than the grounds on which like charges are raised against this Gov- James Monroe ^- 1 > eminent. It is not alleged that any portion of the community or any indi%-idual has been oppressed or that money has been raised under a doubtful title The principal charges are that a work of great utility to the Union and affecting immediately and with like advantage many of the States has been constructed; that pensions to the surviving patriots of our Revolution, to patriots who fought the battles and promoted the independence of their country, have been granted, by money, too, raised not only without oppression, but almost without being felt, and under an acknowledged constitutional power. From this view of the right to appropriate and of the practice under it I think that I am authorized to conclude that the right to make internal improvements has not been granted by the power "to pay the debts and provide for the common defense and general welfare," included in the first of the enumerated powers; that that grant conveys nothing more than a right to appropriate the public money, and stands on the same ground with the right to lay and collect taxes, duties, imposts, and excises, conveyed by the first branch of that power; that the Government itself being limited, both branches of the power to raise and appropriate the public money are also linu ited, the extent of the Government as designated by the specific grants marking the extent of the power in both branches, extending, however, to every object embraced by the fair scope of those grants and not confined to a strict construction of their respective powers, it being safer to aid the purposes of those grants by the appropri- ation of money than to extend by a forced construction the grant itself; that although the right to appropriate the public money to such improvements affords a resource indispensably necessary to such a scheme, it is nevertheless deficient as a power in the great characteristics on which its execution depends. The substance of what has been urged on this subject may be expressed in a few words. My idea is that Congress have an unlimited power to raise money, and that in its appropriation they have a discretionary power, restricted onlj' by the duty to appropriate it to purposes of common defense and of general, not local, national, not State, benefit. I will now proceed to the fifth source from which the power is said to be derived, viz, the power to make all laws which shall be necessary and proper f' opera- tions which proceeded from the want of such a navigation and the reliance which was placed, notwithstanding those impediments, on such a commerce can not be for- gotten. In every other line their good effect would be most sensibly felt. Intelli- gence by means of the Post-Office Department would be more easily, extensively, and rapidly diffused. Parts the most remote from each other would be brought more closely together. Distant lands would be made more valuable, and the industry' of our fellow-citizens on every portion of our soil be better rewarded. It is natural in so great a variety of climate that there should be a corresponding difference in the produce of the soil; ttat one part should raise what the other might want. Jt is equally natural that the pursuits of industry should vary in like manner; that labor should be cheaper and manufactures succeed better in one part tlian in another; that were the climate the most severe and the soil less productive, naviga- tion, the fisheries, and commerce should be most relied on. Hence the motive for an exchange for mutual accommodation and active intercoiu-se between them. Each part would thus find for the surplus of its labor, in whatever article it consisted, an extensive market at home, which would be the most profitable because free froin duty. There is another view in which these improvements are of still more vital iniix)r- tance. The effect which they would have on the bond of union itself affords an in- ducement for them more powerful than any which have been urged or than all of iht-m united. The only danger to which om: system is exposed arises from its t-xpansion over a vast territory'. Our union is not held together by standing annies or l)y any ties other than the positive interests and powerful attractions of its parts towartl each other. Ambitious men may hereafter grow up among us who may prnniise to thcuj- selves advancement from a change, and by practicing upon the sectional inlcrt-sls, feelings, and prejudices endeavor under various pretexts to promote it. The history of the world is replete with examples of this kind— of military connnandcrs and dein- agogues becoming usurpers and tyrants, and of their fellow-citizens becoming tlicir instruments and slaves. I have little fear of this danger, knowing well how strong the bond which holds us together is and who the people are who are thus lu-ld together; but still, it is proper to look at and to provide against it, and it is not within the compass of human wisdom to make a more effectual provision than would be-made by the proposed improvements. With their aid and the intnroursc which would grow out of them the parts would soon become .so compacted an •■ .; of examining the right of Congress to adopt and execute a system of internal nnprovr ment, and, I presume, have shown that it does not exist. It is, I think, e.juallv 749 Affssagi's and Papers of the Presidents manifest that sticli a power vested in Congress and wisely executed would have the happiest effect on all the great interests of our Union. It is, however, my opinion that the power should be confined to great national works only, since if it were unlimited it would be liable to abuse and might be productive of evil. For all minor improvements the resources of the Slates individually would be fully adequate, and by the States such improvements might be made with greater advantage than by the Union, as they would understand better such as their more immediate and local interests required. In the view above presented I have thought it proper to trace the origin of our institutions, and particularly of the State and National Governments, for although tliey have a common origin in the people, yet, as the point at issue turned on what were the powers granted to the one government and what were those which remained to the other, I was persuaded that an analysis which should mark distinctly the source of power in both governments, with its progress in each, would afford the best means for obtaining a sound result. In our political career there are, obviously, three great epochs. The colonial state forms the first; the Revolutionary move- ment from its commencement to the adoption of the Articles of Confederation the second, and the intervening space from that event to the present day the third. The first may be considered the infant state. It was the school of morality, of political science and just principles. The equality of rights enjoyed by the people of every colony under their original charters forms the basis of every existing institution, and it was owing to the creation bj' those charters of distinct communities that the power, when wrested from the Crown, passed directly and exclusively to the people of each colony. The Revolutionar}' struggle gave activity to those principles, and its suc- cess secured to them a permanent existence in the governments of our Union, State and National. The third epoch comprises the administration under the Articles of Confederation, with the adoption of the Constitution and administration under it. On the first and last of these epochs it is not necessary to enlarge for any purpose connected with the object of this inquiry. To the second, in which we were trans- ferred by a heroic exertion from the first to the third stage, and whose events give the true character to every institution, some further attention is due. In tracing in greater detail the prominent acts of a movement to which we owe so much I shall perform an ofSce which, if not useful, will be gratifying to my own feelings, and I hope not unacceptable to my readers. Of the Revolutionary movement itself sentiments too respectful, too exalted, can not be entertained. It is impossible for any citizen having a just idea of the dangers which we had to encounter to read the record of our early proceedings and to see the firmness with which they were met and the wisdom and patriotism which were displayed in every stage without being deeply affected by it. An attack on Massa- chusetts was considered an attack on every colony, and the people of each moved in her defense as in their own cause. The meeting of the General Congress in Phil- adelphia on the 6th of September, 1774, appears to have been the result of a sponta- neous impulse in every quarter at the same time. The first public act proposing it, according to the Journals of the First Congress, was passed by the house of represent- atives of Connecticut on the 3d of June of that year; but it is presumed that the first suggestion came from Massachusetts, the colony most oppressed, and in whose favor the general sympathy was much excited. The exposition which that Congress made of grievances, in the petition to the King, in the address to the people of Great Britain, and in that to the people of the several colonies, evinced a knowledge so profound of the English constitution and of the general principles of free govern- ment and of liberty, of our rights founded on that constitution and on the charters of the several colonies, and of the numerous and egregious violations which had been committed of them, as must have convinced all impartial minds that the talent on this side of the Atlantic was at least equal to that on the other. The spirit in James Monroe 750 which those papers were drawn, which was known to be in strict accord with the public sentiment, proved that, although the whole people cherished a connection with the parent country and were desirous of preserving it on just principles, they nevertheless stood embodied at the parting line, ready to separate forever if a redress of grievances, the alternative offered, was not promptly rendered. That altemaUve was rejected, and in consequence war and dismemberment followed. The powers granted to the delegates of each colony who composetl tlie First Con- gress looked primarily to the support of rights and to a redress of grievances, and, in consequence, to the restoration of harmony, which was ardently desired. They justified, however, any extremity in case of necessity. They were ample for such purposes, and were executed in every circumstance with the utmost fidelity. It was not until after the meeting of the Second Congress, which took place on tlie 1 3th May, 1775, when full proof was laid before it of the commencement of hostilities in the preceding month by a deliberate attack of the British troops on the militia and inhabitants of Lexington and Concord, in Massachusetts, thit war might be said to be decided on, and measures were taken to support it. The progress even then was slow and reluctant, as will be seen by their second petition to tht. King a. id tlieir second address to the people of Great Britain, which were prepared ana fonvarded after that event. The arrival, however, of large bodies of troops v ad the pressure of war in every direction soon dispelled all hope of accommodation. On the 15th of June, 1775, a commander in chief of the fo'-ces rai<^"d and to be raised for the defense of American liberty was appointed by the unanimous vote of Congress, and his conduct in the discharge of the duties of that high trust, which he held through the whole of the war, has given an example to the world for talents as a military commander; for integrity, fortitude, and firmness under the severest trials; for respect to the civil authority and devotion to the rights and liberties of his coun- try, of which neither Rome nor Greece have exhibited the equal. I saw him in my earliest youth, in the retreat through Jersey, at the head of a small band, or rather in its rear, for he was always next the enemy, and his countenance and manner made an impression on me which time can never efface. A lieutenant then in tlie Third Virginia Regiment, I happened to be on the rear guard at Newark, and I counted the force under his immediate command by platoons as it pas,sed me, which amounted to less than 3,000 men. A deportment so firm, so dignified, so exaUc' hath recorded. They extend unexampled felicity to the whole bodv of our fellow- citizens, and are the admiration of other nations. To preser%e and hand Uiem down in their utmost purity to the remotest ages will require the existence and practice of virtues and talents equal to those which were displayed in acquiring them. It is ardently hoped and confidently believed that these will not be wantiug. PROCLAMATIONS. By the President of the United States, a proclamation. Whereas by the second section of an act of Congress of the 6th of May last, entitled "An act in addition to the act concerning navigatioi\, and also to authorize the appointment of deputy collectors," it is pro- vided that in the event of the signature of any treaty or convention concerning the navigation or commerce between the ITnited vStates and France the President of the United States, if he should deem the s;une expedient, may suspend by proclamation until the end of the next ses- sion of Congress the operation of the act entitled "An act to iinjK)se a new tonnage duty on French ships and vessels, and for other ])urposcs," and also to suspend, as aforesaid, all other duties on French ves.sc'ls or the goods imported in the same which may exceed the dutic-s on Ameri- can vessels and on similar goods imported in the same; and Whereas a convention of navigation and commerce between the Unitcil States of America and His Majesty the King of France and Navarre has this day been duly signed by John Quincy Adams, Secretary of State, on the part of the United States, and by the Baron Hyde de Neiiville. fnv»)y extraordinary and minister plenipotentiary from 1-Vance. on the \Y.xn of His Most Christian Majesty, which convention is in the words following: [Here follows the treaty.] Now, therefore, be it Icnown that I, James Monroe. President of the United States, in pursuance of the authority aforesaid, do lieiel»y suspend from and after the ist day of October next until the end of the next ses- sion of Congress, the operation of the act aforesaid, entitk-.l "An .i.t to impose a new tonnage duty on French ships and vessels, and fur other 753 Affs sages and Papers of the Preside7tts purposes," and also all other duties on French vessels and the goods being the growth, produce, and manufacture of France imported in the same which may exceed the duties on American vessels and on similar goods imported in the same, saving only the discriminating duties paya- ble on French vessels and on articles the growth, produce, and manufac- ture of France imported in the same stipulated by the said convention to be paid. In testimony whereof I have caused the seal of the United States to be affixed to these presents, and signed the same with my hand. [seal.] Done at Washington, the 24th day of June, A. D. 1822, and of the Independence of the United States the forty-sixth. JAMES MONROK. By the President: John Quincv Adams, Secretary of State. liY TffE President of the United States of America. A PROCLAMATION. Whereas by an act of the Congress of the United States passed on the 6th day of May last it was provided that on satisfactory evidence being given to the President of the United States that the ports in the islands or colonies in the West Indies under the dominion of Great Britain have been opened to the vessels of the United States the President should be, and thereby was, authorized to issue his proclamation declaring that the ports of the United States should thereafter be open to the vessels of Great Britain employed in the trade and intercourse between the United States and such islands or colonies, subject to such reciprocal rules and restrictions as the President of the United States might by such procla- mation make and publish, anything in the laws entitled "An act con- cerning na\'igation" or an act entitled "An act supplementary to an act concerning navigation" to the contrary notwithstanding; and Whereas satisfactory evidence has been given to the President of the United States that the ports hereinafter named in the islands or colo- nies in the West Indies tinder the dominion of Great Britain have been opened to the vessels of the United States; that is to say, the ports of Kingston, Savannah le Mar, Montego Bay, Santa Lucia, Antonio, St. Ann, Falmouth, Maria, Morant Bay, in Jamaica; St. George, Grenada; Roseau, Dominica; St. Johns, Antigua; San Josef, Trinidad; Scarborough, Tobago; Road Harbour, Tortola; Nassau, New Providcce; Pittstown, Crooked Island; Kingston, St. Vincent; Port St. George a \ Port Hamilton, Ber- muda; any port where there is a custom-house, Bahamas; Bridgetown, Barbadoes; St. Johns, St. Andrews, New Brunswick; Halifax, Nova Scotia; Quebec, Canada; St. Johns, Newfoundland; Georgetown, Demerara; New James Monroe 7^4 Amsterdam, Berbice; Castries, St. Lucia; Besseterre, St. Kitts; Charles- town, Nevis; and Plymouth, Montserrat: Now, therefore, I, James Monroe, President of the United States of America, do hereby declare and proclaim that the ports of the United States shall hereafter, and until the end of the next session of the Congress of the United States, be open to the vessels of Great Britain employed in the trade and intercourse between the United States and the islands and colonies hereinbefore named, anything in the laws entitled "Au act con- cerning navigation" or an act entitled "An act supplementary to an act concerning navigation" to the contrary notwithstanding, under the fol- lowing reciprocal rules and restrictions, namely: To vessels of Great Britain, bona fide British built, owned and the master and three-fourths of the mariners of which at least shall l-)elong to Great Britain, or any United States built ship or vessel which has been sold to and become the property of British subjects, such ship or vessel being also navigated with a master and three-fourths of the mariners at least belonging to Great Britain: And provided always, That no articles shall be imported into the United States in any such British ship or vessel other than articles of the growth, produce, or manufacture of the British islands and colonies in the West Indies when imported in British vessels coming from any such island or colony, and articles of the growth, prod- uce, or manufacture of the British colonies in North America or of the island of Newfoundland in vessels coming from the port of St. Jf)hns, in that island, or from any of the aforesaid ports of the British cuk)nics in North America. Given under my hand, at the city of Washington, this 24th day of August, A. D. 1822, and in the forty-seventh year of the Independence of the United States. JAMES MONROK. By the President: John Quincy Adams, Secretary of State. SIXTH ANNUAL MESSAGE. Washington, Dccfmhrr j, TS22. Fellow- Citizens of the Senate and House of Representatives: Many causes unite to make your present meeting ixK-uliarly interest- ing to our constituents. The operation of our laws on the various sub- jects to which they apply, with the amendments which they occasionally require, imposes annually an important duty on the representatives of a free people. Our system has happily advanced to such maturity that I am not aware that your cares in that respect will be augmented. Other causes exist which are highly interesting to the whole civili/e- that stipulation into effect, it is submitted to the consideration of Congress whether it will not be proper to vest the competent power in llu- .listi u-t court at Pensacola, or in some tribunal to be .specially organized f..r the purpose. The fiscal operations of the year have been more successful than had been anticipated at the commencement of the last session of Congress The receipts into the Treasury during the three first eace, have considerably increased, and are still increasing, under the encour- agement given them by the tariff of 1816 and by subsequent laws. Sat- isfied I am, whatever may be the abstract doctrine in favor of unrestricted commerce, provided all nations would concur in it and it was not liable to be interrupted by war, which has never occurred and caji not Iv ex- pected, that there are other strong reasons applical)le to our .situation and relations with other countries which impose oti us the obligation to cherish and sustain our manufactures. Satisfied, however, I likewi.sc atn that the interest of every part of our Union, even of those most U-ncfitcd by manufactures, requires that this .subject should be tf)nclied with tlic greatest caution, and a critical knowledge of the elTecl to be pnulnced by the slightest change. On full cotisideration of the .subject in all its rela- tions I am persuaded that a further augmentation may now K- ma.lr rrs of the Presidents affecting injuriously an)- other interest. For more precise details I refei you to the commuuicatious which were made to Congress during the last session. So great was the amount of accounts for moneys advanced during the late war, in addition to others of a previous date which in the regular oj>erations of the Government necessarily remained unsettled, that it re- quired a considerable length of time for their adjustment. By a report from the First Comptroller of the Treasury it appears that on the 4tli of March, 1S17, the accounts then unsettled amounted to $103,068,876.41, of which, on the 30th of September of the present year, $93, 175,396.56 had been settled, leaving on that day a balance unsettled of $9,893,479.85. That there have been drawn from the Treasury, in paying the public debt and sustaining the Government in all its operations and disburse- ments, since the 4th of March, 1817, $157,199,380.96, the accounts for which have been settled to the amount of $137,501 ,45 1 . 1 2, leaving a bal- ance unsettled of $19,697,929.84. For precise details respecting each of w^ese balances I refer to the report of the Comptroller and the documents which accompany it. From this view it appears that our commercial differences with France and Great Britain have been placed in a train of amicable arrangement on conditions fair and honorable in both instances to each party; that our finances are in a very productive state, our revenue being at present luUy competent to all the demands upon it; that our military force is well organized in all its branches and capable of rendering the most important ser\'ice in case of emergency that its number will admit of; that due prog- ress has been made, under existing appropriations, in the construction of fortifications and in the operations of the Ordnance Department; that due progress has in like manner been made in the construction of ships of war; that our Navy is in the best condition, felt and respected in every sea in which it is employed for the protection of our commerce; that our manufactures have augmented in amount and improved in qual- ity; that great progress has been made in the settlement of accounts and in the recovery of the balances due by individuals, and that the utmost economy is secured and observed in every Department of the Adminis- tration. Other objects will likewise claim j^our attention, because from the sta- tion which the United States hold as a member of the great community of nations they have rights to maintain, duties to perform, and dangers to encounter. A strong hope was entertained that peace would ere this have been concluded between Spain and the independent governments south of the United States in this hemisphere. Long experience having evinced the competency of those governments to maintain the independence which they had declared, it was presumed that the considerations which induced their recognition by the United States would have had equal weight with LETTER OF PRESIDENT MONKOK TO A KUIKND. KXIM.AIN- ING NATIONAL I'OI-IC •^ rn^^,,^ j,„^ o^i^ James Monroe ^g, other powers, and that Spain herself, yielding to those magnanimous feel- ings of which her history furnishes so many examples, would have ter- minated on that basis a controversy so unavailing and at the same time so destructive. We still cherish the hope that this result will not long be postponed. Sustaining our neutral position and allowing to each party while the war continues equal rights, it is incumbent on the United States to claim of each with equal rigor the faithful observance of our rights according to the well-known law of nations. From each, therefore, a like coopera- tion is expected in the suppression of the piratical practice which has grown out of this war and of blockades of extensive coasts on both seas, which, considering the small force employed to sustain them, have not the slightest foundation to rest on. Europe is still unsettled, and although the war long menaced between Russia and Turkey has not broken out, there is no certainty that the differences between those powers will be amicably adjusted. It is impos- sible to look to the oppressions of the country respecting which those differences arose without being deeply affected. The mention of Greece fills the mind with the most exalted .sentiments and arouses in our iKj.soms the best feelings of which our nature is susceptible. Superior .skill and refinement in the arts, heroic gallantry in action, disinterested patriotism, enthusiastic zeal and devotion in favor of public and personal liberty are associated with our recollections of ancient Greece. That such a country should have been overwhelmed and so long hidden, as it were, from the world under a gloomy despotism has been a cause of unceasing and deep regret to generous minds for ages past. It was natural, therefore, that the reappearance of those people in their original character, contending in favor of their liberties, should produce that great excitement and sym- pathy in their favor which have been so signally displayed throughout the United States. A strong hope is entertained that these pco])le will recover their independence and resume their equal station among the nations of the earth. A great effort has been made in Spain and Portugal to improve the condition of the people, and it must be very consoling to all l)enevolent minds to see the extraordinary moderation with which it has liecn con- ducted. That it may promote the happiness of both nations is the anient wish of this whole people, to the expression of wliicli we confine our- selves; for whatever may be the feelings or sentiments which every indi- vidual under our Government has a riglrt to indulge and express, it is nevertheless a sacred maxim, equally with the Government and iK-ople. that the destiny of every independent nation in what relates lo such im- provements of right belongs and ought to be left exclusively to tlieiii- selves. T^l^hether we reason from the late wars or from those menacing symi)- toms which now appear in Kurope. it is manifest that if a couvulsiuo M P— vol. 1—26 E 7*^3 Messages and Papers of the Presidents should take place in auy of those countries it will proceed from causes which have no existence and are utterly unknown in these States, in which there is but one order, that of the people, to whom the sovereignty exclusively belongs. Should war break out in any of those countries, who can foretell the extent to which it may be carried or the desolation which it may spread? Exempt as we are from these causes, our internal tranquillity is secure; and distant as we are from the troubled scene, and faithful to first principles in regard to other powers, we might reasonably presume that we should not be molested by them. This, however, ought not to be calculated on as certain. Unprovoked injuries are often inflicted, and even the peculiar felicity of our situation might with some be a cause for excitement and aggression. The history of the late wars in Europe furnishes a complete demonstration that no system of conduct, however correct in principle, can protect neutral powers from injury from any party; that a defenseless position and distinguished love of peace are the surest invitations to war, and that there is no way to avoid it other than by being always prepared and willing for just cause to meet it. If there be a people on earth whose more especial duty it is to be at all times pre- pared to defend the rights with which they are blessed, and to surpass all others in sustaining the necessary burthens, and in submitting to .sac- rifices to make such preparations, it is undoubtedly the people of these States. When we see that a civil war of the most frightful character rages from the Adriatic to the Black Sea; that strong symptoms of war appear in other parts, proceeding from causes which, should it break out, may become general and be of long duration; that the war still continues between Spain and the independent governments, her late Provinces, in this hemisphere; that it is likewise menaced between Portugal and Brazil, in consequence of the attempt of the latter to dismember itself from the former, and that a sj^stem of piracy of great extent is maintained in the neighboring seas, which will require equal vigilance and decision to sup- press it, the reasons for sustaining the attitude which we now hold and for pushing forward all our measures of defense with the utmost vigor appear to me to acquire new force. The United States owe to the world a great example, and, by means thereof, to the cause of liberty and humanity a generous support. They have so far succeeded to the satisfaction of the virtuous and enlightened of every countr>'. There is no reason to doubt that their whole move- ment will be regulated by a sacred regard to principle, all our institutions being founded on that basis. The ability to support our own cause under any trial to which it may be exposed is the great point on which the pub- lic solicitude rests. It has been often charged against free governments that they have neither the foresight nor the virtue to provide at the proper season for great emergencies; that their course is improvident and expen- sive; that war will a/ways find them unprepared, and, whatever may be James Monroe -64 its calamities, that its terrible warnings will be disregarded and forgotten as soon as peace returns. I have full confidence that this char-e so far as relates to the United States will be shewn to be utterly destitute of truth. JAMES MONROE. SPECIAL MESSAGES. To the Senate of the United States: December 4, 1S22. The convention between the United States and France, concluded at Washington on the 24th day of June last, is now transmitted to the Sen- ate for their advice and consent with regard to its ratification, together with the documents relating to the negotiation, which may ser\-e to elucidate the deliberations of the Senate concerning its objects and the purposes to which it was adapted. ^^^^^ MONROIC. To the Senate of the United States: December 4, 1822. I transmit herewith to the Senate, for their constitutional considera- tion and decision thereon, a convention between the United vStatcs and Great Britain, concluded at St. Petersburg on the 12th day of July last, under the mediation of His Imperial Majesty of all the Russias, together with the documents appertaining thereto, and which may elucidate the motives for its negotiation and the objects for the accomplishment of which it is intended. ^KWE^ MONROE. Washington, Dcceynbrr i^>. 1S22. To the House of Representatives of the United States: In compliance with the resolution of the House of Representatives of the 7th of May last, requiring that a plan for the peace establishment of the Navy of the United States and also of the Marine Corps .should l>c communicated to that House at the present session, I transmit a rcixirt of the Secretary of the Navy, containing a plan which has been prepared for the proposed establishment. JAMES MOXKOIC Wa.SHINOTON. I^ccembit 7. iSi^. To the Senate of the United States: In compliance with the resolution o^ the Senate cf the Kth ..f May last, requesting "information relative to the copper mines on the southern shore of Eake Superior, their number, value, and position, the names of the Indian tribes who claim them, the practicability of cxtmguislnnK 7*^5 Messages and Papers of the Presidents their titles, and the probable advantages which may result to the Repub- lic from the acquisition and working these mines, ' ' I herewith transmit a report from the Secretary of War, which comprises the information desired in the resolution referred to. JAMES MONROE Washington, December p, 1822. To the Senate of the United States: Recent information of the multiplied outrages and depredations which have been committed on our seamen and commerce by the pirates in the West Indies and Gulf of Mexico, exemplified by the death of a very meri- torious officer, seems to call for some prompt and decisive measures on the part of the Government. All the public vessels adapted to that servnce which can be spared from other indispensable duties are a niady employed in it; but from the knowledge which has been acquired of the places from whence these outlaws issue and to which they escape from danger it ap- pears that it will require a particular kind of force, capable of pursuing them into the shallow waters to which they retire, effectually to suppress them. I submit to the consideration of the Senate the propriety of organ- izing such force for that important object. JAMES MONROE. [The same message, dated December 6, 1822, was sent to the House of Representatives.] Washington, December g, 1822. To the Senate of the United States: In compliance with a resolution of the Senate of the 2 2d of February' last, "requesting the President of the United States to cause to be col- lected and communicated to the Senate at the commencement of the next session of Congress the best information which he may be able to obtain relative to certain Christian Indians and the lands intended for their benefit on the Muskingum, in the State of Ohio, granted under an act of Congress of June i, 1796, to the Society of the United Brethren for Prop- agating the Gospel among the Heathen, showing as correctly as possible the advance or decline of said Indians in numbers, morals, and intellectual endowments; whether the lands have inured to their sole benefit, and, if not, to whom, in whole or in part, have such benefits accrued, ' ' I transmit a report from the Secretary of War with the accompanying documents. JAMES MONROE. Washington, fanuary j, 1823. To the Senate of the United States: In compliance with the three resolutions of the Senate of the 5th April^ 1822, requesting the President of the United States to communicate ,v. James Monroe 766 detail the expenses of building each vessel of war authorized by the act of the 2d of January, 1813, and its supplements, and also the names, num- ber, grade, etc., of the officers and men employed at each navy-yard and naval station during the two years immediately preceding the ist of Jan- uary, 1822, I herewith transmit a report from the Secretary of the Na\'>-, with the accompanying documents, which contains the desired informa- tion. JAMES MONROE. Washington, /a7z«arv ?, 1823. To the House of Representatives of the United States: In compliance with the resolutions of the House of Representatives of the 8th of January, 7th May, and 17th December, 1822, requesting the President of the United States to cause to be laid before that House a detailed statement of the current expenses of the Ordnance Department for the years 1817, 1818, 1819, 1820, and 182 1, and as much as can l)e shewn for the year 1822, and also the number and local position of each of the armories, arsenals, and magazines of the United States, the total expense of constructing and repairing the same up to the year 1821; the number of cannon and other arms annually made at each, and the expenses of each armory and arsenal for each year from 1S16 to 1S21, inclusive, I herewith transmit a report from the Secretary of War, ac- companied by such documents as will be found to contain the desired information. JAMES MONROE. Washington, /<3:«7/fln' ,?. iSz^^. To the House of Representatives of the United States: In compliance with the resolution of the House of Representatives of the United States of the 19th of December, 1822, requesting the Presi- dent of the United States to cause to be laid before that House the several laws which have been made by the governor and legislative council of Florida, together with such information as may be in the pos- session of the Executive, I herewith transmit a report from the Secrct.iry of State, with the accompanying documents, which contains tlie infor- mation desired. ^^^^^ ^^^ ,^, ,^, „, Washington, /aw«';j' '''. '■^•'J- To the House of Representatives of the United States: In compliance with the resolution of the House -^ ^^^^'"^"i^ ^^^ the 19th of December last, requesting the President of the United State, to communicate to the House the progress which has been made ni the 7^V Messages and Papers of the Presidents execution of the act of the last session entitled "An act to abolish the Indian trading establishments," with a report from the factories, respec- tively, as the same were made to him, I transmit a report from the Sec- retary- of the Treasury, with the documents referred to by that resolution. In further execution of the act of the last session treaties have since been made with the Osage and Sac Indians by which those tribes have sever- ally relinquished to the United States their right under preceding treaties to the maintenance of a factory within each, respectively. JAMES MONROE. January 6, 1823. To the Senate: I transmit to the Senate, for their advice and consent as to the ratifi- cation, treaties which have been made with the Osage and Sac tribes of Indians in execution of the provision contained in the act of the last ses- sion entitled "An act to abolish the Indian trading establishments." JAMES MONROE. Washington, Jammry 10, 1823. To the Senate of the United States: In compliance with a resolution of the Senate requesting the President of the United States ' ' to cause to be laid before the Senate the number of arms required annually to supply the militia of the West according to acts of Congress; the probable number necessary to be placed in military deposits located or to be located on the Western waters; the cost of trans- portation of arms to the Western States and deposits; the probable cost of manufacturing arms in the West; the probable cost of erecting at this time on the Western waters such an armory as that at Harpers Ferry or at Springfield, and such other information as he may deem important to establish the expediency of erecting on the Western waters a national armor>'," I herewith transmit a report from the Secretary of War con- taining the desired information. JAMES MONROE. Washington, /awwary 16, 1823. The Vice-President of the United States and President of THE Senate: The convention concluded and signed at St. Petersburg on the 21st of July last under the mediation of His Imperial Majesty the Emperor of all the Russias ha\nng been ratified by the three powers parties thereto, and the ratifications of the same having been duly exchanged, copies of it are now communicated to Congress, to the end that the measures for carrying it on the part of the United States i9to execution may obtain the cooper- James Monroe 76S ation of the Legislature necessary to the accomphshment of some of its provisions. A translation is subjoined of three explanatory documents, in the French language, referred to in the fourth article of the conven- tion and annexed to it. The agreement executed at the exchange of the ratifications is likewise communicated. JAMES MONROE. [The same message was addressed to the Speaker of the House of Representatives. ] January 22, 1823. To the Senate of the United States: In compliance with a resolution of December 12, 1822, requesting that the President would cause to be laid before the Senate a statement ex- hibiting the amount in aggregate of the goods, wares, and merchandise exported from the United States to France, and imported from thence, in each year from and after the year 1814 to the year 1820, discriminating in the reports between the articles of the growth, produce, or manufacture of the United States and those of foreign countries, and also stating the national character of the vessels in which such exports and imports ha\-e been made, I transmit a report from the Secretary of the Treasury, which contains the information desired. JAMES MONROE January 22, 1823. To the Senate and Hotise of Representatives: In carrying fully into effect the intention of Congress in making rn appropriation of $5,000 by the act of the 14th April, 1820, for the sur\'cy of the Ohio and the Mississippi rivers from the Rapids of the Ohio at Louisville to the Bahze, for the purpose of facilitating and ascertaining the most practicable route of improving the navigation of these rivers. orders were given through the proper department to the Board of Engi- neers to examine and survey the said rivers with reference to those objects, and to report their opinion thereon, which they have done, and wlncb report I now communicate for the information of Congress. JAMES MONROIC. Washington, /r7w//^':)' ^5. ^^'3- To the House of Representatives: I transmit herewith to the House of Representatives a rep.rt from the Secretary of State, together with the documents which contain the u.for- mation requested by the resolution of the House of tbe nAh of DecemlKT last relating to the estabUshment at the mouth of Cohnnbia River. JAMES MONROE. 7*^9 Afcssaq^es and Papers of the PresidcTiis To the Senate and House of Represeyitatives of the Uriitcd States: I transmit herewith a letter from the Secretary of the Navy, contain- ing one from Captain John Rodgers, president of the Naval Board, ac- companied by a description of the inclined plane, dock, and fixtures for hauling up ships, and an estimate of the cost and materials and work- manship necessar>' for the completion of a dock and whar\'es, proposed to be connected with the inclined plane constructed at the navy-yard, Washington, and recommend the same to the attentive consideration of Congjess. It is confidently believed that this invention combines advantages so highly useful as to justify the appropriation required. JANTARV .8, 1823. JAMES MONROE. Fbbritary 3, 1823. To the Senate of the United States: Having lately received a memorial from the legislative council of the Territory of Florida on subjects very interesting to the inhabitants of the Territory' and also to the United States, which require legislative pro\4sion, I transmit the same to Congress and recommend it to their consideration. JAMES MONROE. [The same message was addressed to the Speaker of the House of Representatives. ] Washington, February j, 1823. To the Senate and House of Representatives of the United States: I transmit herewith a resolution of the legislature, with an extract of a let+er from the governor, of Georgia, and a memorial of the legislature^ of Missoari, relative to the extinguishment of the Indian title to land.'^ within the limits of these States, respectively. Believing the present time to be propitious for holding treaties for the attainment of cessionr of land from the Indians within those States, I submit the subject to thr consideration of Congress, that adequate appropriations for such treati« may be made should Congress deem it expedient. JAMES MONROE. February 4, 1823. To the House of Representatives of the United States: In compliance with the resolution of the House of Representatives of the 1 2th of December last, requesting the President "to communicate to the House such information as he might possess with regard to any James Monroe 77a expedition prepared in the United States and having sailed from thenct within the year 1822 against the territory or dependency of any power in amity with the United States, and to inform the House whether any measures have been taken to bring to condign punishment persons who have been concerned in such expedition contrary to the laws, ' ' I trans- mit to the House reports from the Secretaries of State and of the Treas- ury, with the documents mentioned in each. Those documents contain all the information in possession of the Executive relating to the subject of the resolution. That a force of a very limited extent has been equipped in the ports of the United States and sailed from thence for the purpose described in the resolution is manifest from the documents now communicated. The reports from the collectors of Philadelphia and New York will shew in what manner this equipment escaped their notice. " The first information of this equipment was received from St. Bar- tholomews, the place of its rendezvous. This was confirmed afterwards from Curracoa with an account of its failure. Should any of those per- sons return within the jurisdiction of the United States care will be taken that the laws applicable to such offenses are duly enforced against them. Whether any aid was afforded by others to the parties engaged in this unlawful and contemptible adventure in the ports in which it was planned, inconsistent with ordinary commercial transactions and con- trary to the laws of the United States, will be referred to the Attorney- General, on whose advice any measures in regard to them will depend. JAMES MONROE. February 6, 1823. To the House of Representatives! In compliance with a resolution of the House of Representatives of the 28th of January last, requesting information ' ' whether the treaty con- cluded with the Choctaw Nation of Indians on the i8th of October, 1820, has been executed so far as respects the cession of certain lands to said nation west of the river Mississippi, and if possession has been given of the lands ceded to them; if not, that he assign the reasons which pre- vented the immediate execution of the stipulations of said treaty, and whether the difficulties have diminished or increa.sed by the delay in its execution," I communicate a report from the Secretary of War, with the documents referred to in it. JAMES MONROE. Fkbkuarv 10, 1823. To the Senate of the United States: In compliance with a resolution of the Senate of February 3, request- ing a statement of the number and size of cannon, mortars, and howitzers 771 Messages and Papers of the Pf-esidents necessary for the armament of the fortifications already built and intended to be built, with an estimate of the sum necessary for their construction, I transmit a report from the Secretary of War, prepared in execution of instructions given him to that effect. JAMES MONROE. Washington, February ij, 1823. To the Hoiise of Representatives of the United States: In compliance with a resolution of the House of Representatives of 2 2d January last, requesting the communication to the House of all the correspondence between the Governments of the United States and Great Britain relating to the negotiation of the convention of the 20th October, iSiS, which may not be inconsistent with the public interest, I transmit herewith to the House a report from the Secretary of State, together with the papers requested by the resolution of the House. JAMES MONROE. February 14, 1823. To the Senate of the United States: In compliance with a resolution of the Senate of the i ith of this month, requesting the President to cause to be communicated to the Senate an estimate of the amount of land in the State of Georgia to which the Indian title has been extinguished by the United States since the cession of a portion of the territorj'" of Georgia to the United States, with a statement of the cost of such extinguishment, and also an estimate of the amount of land wdthin the said State to which the Indian title still remains to be extinguished, and by what tribes claimed, I transmit a report from the Secretary of War, which contains the information desired. JAMES MONROE. February 17, 1823. To the House of Represetitatives of the United States: In compliance with a resolution of the House of Representatives of the 17th of December, requesting the President to communicate to the House a statement of the amount expended for the current expenses of the Ordnance Department during the years 1817, 1818, 1819, 1820, and 182 1, and as much as can be shewTi for the 3^ear 1822, with the items for which the money was expended, the place where and the persons to whom paid, what quantity of timber has been procured for gun carriages and caissons, its cost annually, and where deposited; the quantity of ordnance of every kind that has been procured during those j-ears or paid for, and the whole amount of arms of every description now belonging to the James Monroe 772 United States; the sum expended in the purchase of sites for arsenals since the peace, the cost of the buildings erected thereon, and whether all those arsenals are necessary for the service of the United States, I trans- mit a report from the Secretary of War, with the documents mentioned therein, which contains the information desired. JAMES MONROE. Washington, February 18, 1823. The Vice-President of the United States and President of THE Senate: The convention of navigation and commerce between the United States of America and His Majesty the King of France and Navarre, concluded and signed at Washington on the 24th of June, 1822, with the first sepa- rate article thereto annexed, having been ratified by the two parties, and the ratifications of the same having been duly exchanged, copies of it and of the separate article referred to are now communicated to the two Houses of Congress, to the end that the necessary measures for carrying it into execution on the part of the United States may be adopted by the I^egislature. JAMES MONROE. [The same message was sent to the House of Representatives.] February 19, 1823. To the House of Representatives of the United States: In compliance with a resolution of the House of Representatives of the nth of December last, I transmit to the House a report from the Secre- tary of the Treasury, containing the information requested, of the amount of moneys advanced to agents, subagents, contractors, subcontractors, or individuals since the ist of January, 18 17, which have not been accounted for on settlement, and of the loss sustained in each case, the sureties taken, and the names of the sureties. JAMES MONROE. Washington, February /p, 1823. To the House of Representatives of the United States: I transmit to the House of Representatives, in pursuance of a resolu- tion of that House of the 31st of last month, a report from the Secre- ta-y of State, relative to the commissioners appointed for the purpose rf ascertaining the titles and claims to land in Florida. JAMES MONROE. 773 Messages and Papers of the Presidents February 19, 1823. To the House of Representatives of the United States: I transmit to the House of Representatives an additional report from the Secretar>' of the Treasury-, with the documents referred to therein, containing further information of the proceedings in execution of the law of the last session respecting the trade with the Indian tribes, called for by the resolution of the 19th of December last. JAMES MONROE. February 22, 1823. To the House of Representatives of the United States: In comphance with a resolution of the House of Representatives of the I ith of this month, requesting information whether any prize agents have neglected to render an account of their agency and to pay over the money XL their hands, the names of those who have failed, the sums unaccounted for, and whether any of those thus failing are in the employ of the Gov- ernment, and their compensation has been in consequence suspended, I transmit a report from the Secretary of the Navy, with the documents referred to by him. j^j^^g MONROE. To the Congress of the United States: February 25, 1823. I transmit to Congress the general returns of the miUtia of the several States and Territories for the year 1822, with an account of the arms, accouterments, ammunition, ordnance, etc., belonging to each as far as the returns have been received, in compliance with the provision of the act of 1803. JAMES MONROE. To the Senate of the United States: ^' ^' By a resolution of the 27th of December last the President of the United States was requested to communicate to the Senate such information as he might possess respecting the political state of the island of St. Do- mingo; whether the Government thereof was claimed by any European nation, what our commercial relations with the Government of the island were, and whether any further commercial relations with that Govern- ment would be consistent with the interest and safety of the United States. From the import of the resolution it is inferred that the Senate were fully aware of the delicate and interesting nature of the subject embraced by it in all its branches. The call supposes something peculiar in the nature of the Government of that island and in the character of its popu- lation, to which attention is due. Impressed always with an anxious James Monroe 774 desire to meet every call of either House for information, I most willingly comply in this instance and with a view to the particular circumstances alluded to. In adverting to the political state of St. Domingo I have to observe that the whole island is now united under one Government, under a con- stitution which retains the sovereignty in the hands of the people of color, and with provisions which prohibit the employment in the Government of all white persons who have emigrated there since 18 16, or who may hereafter emigrate there, and which prohibit also the acquisition by such persons of the right of citizenship or to real estate in the island. In the exercise of this sovereignty the Government has not been molested by any European power. No invasion of the island has been made or at- tempted by any power. It is, however, understood that the relations between the Government of France and the island have not been ad- justed, that its independence has not been recognized by France, nor has peace been formally established between the parties. The establishment of a Government of people of color in the island on the principles above stated evinces distinctly the idea of a separate inter- est and a distrust of other nations. Had that jealousy been confined to the inhabitants of the parent country it would have been less an object of attention; but by extending it to the inhabitants of other countries with whom no difference ever existed the policy assumes a character which does not admit of a like explanation. To what extent that spirit may be indulged or to what purposes applied our experience has yet been too limited to enable us to form a just estimate. These are inquiries more peculiarly interesting to the neighboring islands. They nevertheless deserve the attention of the United States. Between the United States and the island a commercial intercourse exists, and it will continue to be the object of this Government to pro- mote it. Our commerce there has been subjected to higher duties than have been imposed on like articles from some other nations. It has nevertheless been extensive, proceeding from the wants of the respective parties and the enterprise of our citizens. Of this discrimination to our injury we had a right to complain and have complained. It is expected that our commercial intercourse with the island will be placed on the footing of the most favored nation. No preference is sought in our favor, nor ought any to be given to others. Regarding the high interest of our happy Union and looking to every circumstance which may by any possi- bility affect the tranquillity of any part, however remotely, and guarding against such injury by suitable precautions, it is the duty of this Govern- ment to promote by all the means in its power and by a fair and honor- able policy the best interest of every other part, and thereby of the whole. Feeling profoundly the force of this obligation, I shall continue to exert with unwearied zeal vfxn best faculties to give it effect. JAMES MONROE. 775 Messages and Papers of the Presidents Washington, February 26, 1823. To the House of Representatives 0/ the United States: I transmit to the House of Representatives, in pursuance of a resolu- tion of that House of the 3ot!i January last, a report from the Secretary of State, containing the information required in relation to the transac- tions of the commissioners under the sixth and seventh articles of the treaty of Ghent, and also as to the measures which have been taken under the fourth article of the treaty with Spain of the 2 2d of February, 1S19, for fixing the boundary line described in the third article of the last-mentioned treaty. j^^^g MONROE. Washington, February 27, 1823. To the House of Representatives: I transmit to the House of Representatives a report from the Secretary of State, made in pursuance of their resolution of the 21st of January' last, requesting the President of the United States to cause to be arranged and laid before that House a digest shewing such changes in the commer- cial regulations of the different foreign countries with which the United States have intercourse as shall have been adopted and come to the knowl- edge of the Executive subsequently to the formation of the digest com- municated to the Senate on the 7th December, 18 19. JAMES MONROE. Washington, February 28, 1823. To the House of Representatives of the United States: I transmit to the House of Representatives a report from the Secretary' of State, with copies of sundry papers which should have been included among those which accompanied my message of the 13th instant, being part of the correspondence with Great Britain relating to the negotiation of the convention of 20th of October, 18 18, but which were accidentally omitted from the papers communicated to the House with that message. JAMES MONROE. Washington, February 28, 1823. To the House of Representatives: In compliance with a resolution of the House of Representatives of the 24th of January, requesting the President to communicate to the House the number of persons and the amount due from each whose compensa- tion has been withheld or suspended, in pursuance of the law prohibiting payments to persons in arrears to the United States; whether the amount withheld has been applied in all cases to the extinguishment of their debts to the Government; whether the said laws have been enforced in James Monroe 776 all cases against securities who are liable for the payment of any arrears due; whether any disbursing officer, within the knowledge of the Presi- dent, has given conclusive evidence of his insolvency, and, if so, whether he is still retained in the service of the United States, I transmit to the House a report from the Secretary of the Treasury, with the documents mentioned therein. The report has been confined to the operations of the law. Respect- ing the circumstances of individuals in their transactions without the sphere of their public duties I have no means of information other than those which are common to all. ^k^^^c^ ,,^^^^^^ JAMES MONROE. Washington, March i, 1823. To the House of Representatives of the United States: In compliance with a resolution of the House of Representatives of this day, requesting information of the measures taken with regard to the illegal blockade of the ports of the Spanish Main, and to depredations of privateers fitted out from Porto Rico and other Spanish islands on the commerce of the United States, I transmit to the House a report from the Secretary of State containing the information required by the '"^^^^^^^°^- JAMES MONROE. SEVENTH ANNUAL MESSAGE. Washington, December 2, 1823. Fellow-Citizens of the Senate and House of Representatives: Many important subjects will claim your attention during the present session, of which I shall endeavor to give, in aid of your deliberations, a just idea in this communication. I undertake this duty with diffidence, from the vast extent of the interests on which I have to treat and of their great importance to every portion of our Union. I enter on it with zeal from a thorough conviction that there never was a period since the estab- lishment of our Revolution when, regarding the condition of the civilized world and its bearing on us, there was greater necessity for devotion in the public servants to their respective duties, or for virtue, patriotism, and union in our constituents. Meeting in you a new Congress, I deem it proper to present this view of public affairs in greater detail than might otherwise be necessary. I do it, however, with peculiar satisfaction, from a knowledge that iu this respect I shall comply more fully with the sound principles of our 777 Messages and Papers of the Presidents Government. The people being with us exclusively the sovereign, it is indispensable that full information be laid before them on all important subjects, to enable them to exercise that high power with complete effect. If kept in the dark, they must be incompetent to it. We are all liable to error, and those who are engaged in the management of public affairs are more subject to excitement and to be led astray by their particular interests and passions than the great body of our constituents, who, liv- ing at home in the pursuit of their ordinary avocations, are calm but deeply interested spectators of events and of the conduct of those who are parties to them. To the people every department of the Government and every individual in each are responsible, and the more full their infor- mation the better they can judge of the wisdom of the policy pursued and of the conduct of each in regard to it. - From their dispassionate judg- ment much aid may always be obtained, while their approbation will form the greatest incentive and most gratifying reward for virtuous actions, and the dread of their censure the best security against the abuse of their confidence. Their interests in all vital questions are the same, and the bond, b}- sentiment as well as by interest, will be proportionably strengthened as they are better informed of the real state of public affairs, especially in difficult conjunctures. It is by such knowledge that local prejudices and jealousies are surmounted, and that a national policy, extending its fostering care and protection to all the great interests of our Union, is formed and steadily adhered to. / A precise knowledge of our relations with foreign powers as respects our negotiations and transactions with each is thought to be particularly necessary. Equally necessary is it that we should form a just estimate of our resources, revenue, and progress in every kind of improvement con- nected with the national prosperity and public defense. It is by render- ing justice to other nations that we may expect it from them. It is by our ability to resent injuries and redress wrongs that we may avoid them. The commissioners under the fifth article of the treaty of Ghent, having disagreed in their opinions respecting that portion of the boundary be- tween the Territories of the United States and of Great Britain the estab- lishment of which had been submitted to them, have made their respective reports in compliance with that article, that the same might be referred to the decision of a friendly power. It being manifest, however, that it would be difficult, if not impossible, for any power to perform that oflSce without great delay and much inconvenience to itself, a proposal has been made by this Government, and acceded to by that of Great Britain, to endeavor to establish that boundary by amicable negotiation. It ap- pearing from long experience that no satisfactory arrangement could be formed of the commercial intercourse between the United States and the British colonies in this hemisphere by legislative acts while each party /■"ifsued its own course without agreement or concert with the other, a proposal has been made to the British Government to regulate this com- UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. JUL 2 8 19« ^i^ 03^ U A A V lr^< E c i: f ^'!Alf^j LOAN DEC 14 ]iG4 A.f.l Form L9-50m-7,'54(5990)444 f- MJRL' ^ 4 1987 0fC7 197,; \/ 'A-Ki.:-i'.h. NOV 2 01997 UlXflRSITT OF CAUFOBm AT LOS ANGELES LIBRARY UC SOUTHERN REGIONAL LIBRARY FACILITY AA 001 177 719 r 3 "58 01165 7235